Legislature(2001 - 2002)

05/04/2001 10:52 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE BILL NO. 218(TRA) am                                                                                         
     "An Act  relating to international  airports revenue  bonds and                                                            
     requiring   that  the  spending  plan  for  the  International                                                             
     Airports  Construction   Fund  include  information  about  the                                                            
     amounts  spent  during   the  previous  fiscal  year  for  cost                                                            
     overruns  on certain  projects and the  identification  of time                                                            
     delays  on  certain projects;  relating  to  customer  facility                                                            
     charges  to  fund  facilities  in airports  to  be constructed                                                             
     without   using  international   airport  revenue  bonds;   and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SENATOR JOHN  COWDERY testified  that the bill  raised the  limit of                                                            
the bonding authority  of the airports to $477,900,000.  He reminded                                                            
the Committee  of legislation  from a few  sessions back related  to                                                            
airport bonds, which he  said, was on-going. He shared that "all the                                                            
airlines" support  SB 218. He pointed out this legislation  requires                                                            
no tax  dollars  and instead,  the  airlines would  contribute  from                                                            
their revenues generated from landing fees.                                                                                     
                                                                                                                                
Senator  Austerman noted  that the cost  of the  project at  the Ted                                                            
Stevens International Airport  in Anchorage has continued to "spiral                                                            
up" and  he wanted to know  if this legislation  would apply  to the                                                            
existing project and related  cost overruns or toward a new project.                                                            
He pointed  out that  although the  revenue for  these bonds  is not                                                            
received through  taxes, the landing fees are considered  a business                                                            
expense and the  cost is passed along to the consumer  in the ticket                                                            
prices.                                                                                                                         
                                                                                                                                
Senator Cowdery  answered that this bill does not  apply to previous                                                            
projects,  but rather new  projects. He noted  that the airports  in                                                            
both Fairbanks  and Anchorage would  qualify for funding  under this                                                            
legislation.  He stated that the purpose  of this legislation  is to                                                            
utilize the  revenues collected  from landing  fees by the  airlines                                                            
for new projects.  Otherwise, he explained, these  revenues would be                                                            
spent on  the existing  upgrade project.  He noted this legislation                                                             
allows the  funds to be received earlier  than the fifteen  years it                                                            
would take if not for this legislation.                                                                                         
                                                                                                                                
KURT PARKAN, Deputy  Commissioner, Department of Transportation  and                                                            
Public  Facilities,  added  that this  legislation  provides  for  a                                                            
bonding  package  to fund  the annual  capital  improvement  project                                                            
(CIP) at the  airport system. He explained  this package  was agreed                                                            
upon during  the previous year's negotiations  between the  airlines                                                            
and the department  in which the airlines requested  a five-year CIP                                                            
for their  consideration and  the authority  to issue bonds  to fund                                                            
these improvements rather  then the current method of "cash funding"                                                            
the projects each year.                                                                                                         
                                                                                                                                
Mr.  Parkan detailed  the  funding for  these projects  include  the                                                            
costs of environmental  procedures, securing taxiways  and equipment                                                            
purchases.   He pointed out the general  annual CIP is unrelated  to                                                            
the on-going  terminal upgrade  project with  the exception  of four                                                            
projects that are similar  to the terminal project but were not part                                                            
of the original project's  "scope". He referred to a letter from the                                                            
Department  of  Transportation  and  Public  Facilities  to  Senator                                                            
Cowdery that identifies these key projects.                                                                                     
                                                                                                                                
Mr.  Parkan shared  that  the  agreement  upon this  debt  financing                                                            
method  for CIP projects  was reached  because  the airlines  wanted                                                            
some certainty  as to their  annual costs.  He noted that under  the                                                            
current system,  the airlines incur "spikes" in landing  fees, which                                                            
would not happen  under the proposed method.  He informed  this is a                                                            
method of financing  utilized for many airports across  the country.                                                            
                                                                                                                                
Senator  Austerman  asked  the  status  of  the  existing  five-year                                                            
terminal upgrade project.                                                                                                       
                                                                                                                                
Mr.  Parkan  responded  that  the  proposed  bond  package  in  this                                                            
legislation  would fund  the first  two years of  the five-year  CIP                                                            
plan; the first  year being FY 01.  He explained that approximately                                                             
$142,000,000 would  be added to existing debt to cover  these costs.                                                            
                                                                                                                                
Senator  Austerman asked  if the  legislature would  then return  to                                                            
this issue  within three years to  consider authorizing an  increase                                                            
to the bonding limit for this project.                                                                                          
                                                                                                                                
Mr. Parkan  affirmed a second request  would be made to issue  bonds                                                            
to fund the final three years of the CIP project.                                                                               
                                                                                                                                
Senator Ward asked  if any projects contained in this  bond proposal                                                            
replace any  of the anticipated bond  proposals under the  extension                                                            
of the airport bonds.                                                                                                           
                                                                                                                                
Mr. Parkan answered  a question of Senator Ward, repeating  that the                                                            
proposed bond  package contains no projects that are  currently part                                                            
of the on-going  airport extension  and upgrade project.  He relayed                                                            
testimony  he gave to  the Senate Transportation  Committee  stating                                                            
that there  are several  proposed  projects that  relate to the  on-                                                            
going terminal  upgrade, but that do not replace a  current project.                                                            
He  explained  these projects  were  not  included in  the  original                                                            
expansion  but are  planned to  coincide with  the current  terminal                                                            
projects.  He  gave  an  example  of  hazardous  material   asbestos                                                            
abatement, noting the extent  of the asbestos found when the upgrade                                                            
construction began was  not anticipated. He said $5 million has been                                                            
incorporated  into the  proposed bond  package  to address  asbestos                                                            
removal.  He  noted  an access  control  system,  a  medium  voltage                                                            
project and  some furnishings,  are other  projects related  to, but                                                            
not replacements of, the on-going terminal upgrade project.                                                                     
                                                                                                                                
Senator Ward asked if Senator  Cowdery has the same understanding of                                                            
this legislation as Mr. Parkan testified.                                                                                       
                                                                                                                                
Senator Cowdery  reminded that  he has been  working on this  matter                                                            
for several  years  and had  sponsored the  legislation authorizing                                                             
bond  issuance  for the  original  terminal  expansion  and  upgrade                                                            
project.  He told that the  department had  estimated the amount  of                                                            
asbestos that  might be present, however much more  was found during                                                            
demolition.    He stated  it  was  not  his intention  to  "pay  for                                                            
anything  that we'd  authorized  before"  however,  there were  cost                                                            
overruns with the on-going project.                                                                                             
                                                                                                                                
Senator Ward opined, "That's  the heart of the thing." He emphasized                                                            
the $5 million  cost overrun was not  due to earthquakes,  footings,                                                            
etc. He  qualified he was  unsure if the overruns  were a result  of                                                            
fast-tracking  the  project. He  stressed  he wanted  to ensure  the                                                            
proposed bond package is  not funding mistakes that were made during                                                            
the original  project. He  was concerned if  this were so,  it would                                                            
not be possible to identify and rectify those mistakes.                                                                         
                                                                                                                                
Mr. Parkan  understood Senator Ward's  concerns and noted  that this                                                            
legislation  does not  cover any of  the costs  associated with  the                                                            
delays encountered over  the permitting and errors in seismic design                                                            
work. He  expressed  the intent to  provide full  disclosure  of the                                                            
four or  five proposed  projects that  are related  to the  terminal                                                            
project to the  legislature. He assured that the remaining  projects                                                            
in the bond package are  unrelated to the terminal upgrade and could                                                            
not be changed  because the bonds would be issued  specific to those                                                            
projects.  He informed  that  the department  has  relayed the  same                                                            
assurances to the airline companies.                                                                                            
                                                                                                                                
Senator Cowdery  continued that he understood the  problems with the                                                            
terminal  upgrade  project are  eight  to nine  months  old and  are                                                            
related to delays.  He recalled that during legislation  authorizing                                                            
bond issuance for the terminal  project, the department assured that                                                            
$10 million of  insurance was purchased to cover any  delays. He was                                                            
uncertain  whether $10 million  would be adequate  to cover  all the                                                            
costs  and he did  not know  where the  remaining  funds would  come                                                            
from. He surmised  that Senator Ward  was concerned that  funds from                                                            
the new bond package would be utilized to cover these.                                                                          
                                                                                                                                
Senator Hoffman  requested a copy  of the list of proposed  projects                                                            
in the bond package.                                                                                                            
                                                                                                                                
Mr. Parkan  distributed a letter the  department sent to  the Senate                                                            
Transportation Committee. [Copy on file.]                                                                                       
                                                                                                                                
Senator  Austerman  expressed concern,  saying  he  did not  support                                                            
moving the bill from Committee  without documentation that shows the                                                            
projects  funded in  the original  bond  package,  and the  proposed                                                            
projects that would be funded through this legislation.                                                                         
                                                                                                                                
Mr.  Parkan  responded  that  the  letter  should   address  Senator                                                            
Austerman's concerns.  He stated the "whole purpose  of this package                                                            
is as a result  of the airlines' request that we use  debt financing                                                            
for the annual CIP."                                                                                                            
                                                                                                                                
Senator  Austerman  did not  oppose this  method  of financing,  but                                                            
stressed  he did  not have  enough information  to  make a  decision                                                            
regarding the bill.                                                                                                             
                                                                                                                                
Senator  Leman questioned  the fiscal  note from  the Department  of                                                            
Revenue.  He  wanted  to  know  if  the  sale  of  these  bonds  was                                                            
considered  in relationship   to a  $52,000 request  for  the FY  02                                                            
budget.                                                                                                                         
                                                                                                                                
DEVON  MITCHELL,  Debt  Manager,  Treasury  Division  and  Executive                                                            
Director,  Alaska  Municipal  Bond  Bank  Authority,  Department  of                                                            
Revenue, answered  that the $52,000  is a FY 01 Supplemental  budget                                                            
request related  to the Alaska Municipal Bond Bank  Authority, which                                                            
he informed is a separate entity.                                                                                               
                                                                                                                                
Senator Leman  next asked  why the travel  and contractual  services                                                            
were funded with general funds.                                                                                                 
                                                                                                                                
Mr. Mitchell  replied these  expenses are  anticipated prior  to the                                                            
issuance of the  bonds and are to cover the costs  of the efforts to                                                            
market and sell the bonds.                                                                                                      
                                                                                                                                
Senator  Leman asked  if the Department  of  Revenue recovers  these                                                            
funds after bonds are sold.                                                                                                     
                                                                                                                                
Mr. Mitchell answered it does not.                                                                                              
                                                                                                                                
Co-Chair  Donley  asked  if the  Department  of  Transportation  and                                                            
Public Facilities  testimony  is that none  of the bonding  proceeds                                                            
would be used to pay for  corrections to the problems experienced to                                                            
date with the terminal project.                                                                                                 
                                                                                                                                
Mr.  Parkan  referred  to  material  distributed  that  lists  those                                                            
proposed projects  that are related  to the terminal upgrade.  [Copy                                                            
on file.] He clarified  some of the proposed projects,  such as with                                                            
the hazardous materials are related to the on-going project.                                                                    
                                                                                                                                
Co-Chair  Donley   asked  how  the  additional  costs,   related  to                                                            
compliance  with  building  codes, that  are  part of  the  terminal                                                            
project are being paid.                                                                                                         
                                                                                                                                
DAVID EBERLE,  PE, Regional Director, Central Region,  Department of                                                            
Transportation  and Public Facilities, testified via  teleconference                                                            
from  Anchorage  as the  project  manager  on the  terminal  upgrade                                                            
project. He stated that  the deficiency corrections are being funded                                                            
from the overall  program contingency, which he said  is part of the                                                            
original program.  He noted the department  has an insurance  policy                                                            
to cover design  flaws and that a  claim would be filed.  He assured                                                            
of  the department's  intent  of "vigorously  pursuing  recovery  of                                                            
those costs" but cautioned this would take time.                                                                                
                                                                                                                                
Co-Chair Donley asked if  all the legal fees related to the problems                                                            
with the terminal  project were covered  under the insurance  policy                                                            
or  if  there would  be  a  supplemental  budget  request  the  next                                                            
session.                                                                                                                        
                                                                                                                                
Mr. Eberle  answered that the legal  fees are currently funded  from                                                            
the existing  project's  budget. He  stated that  how much of  these                                                            
costs  are  recovered  depends  upon  the  bids  submitted  for  the                                                            
remaining work  on the project and subsequently, whether  there is a                                                            
supplemental budget request.                                                                                                    
                                                                                                                                
Senator Ward  asked for an explanation  of the insurance  policy and                                                            
the process  of determining  the  responsible  party and  recovering                                                            
expenses from that party.                                                                                                       
                                                                                                                                
Mr. Eberle  detailed that insurance  policy was purchased  to "cover                                                            
the entire  project" and  explained it covers  any design errors  or                                                            
omissions  related  to the  engineering  work.  He shared  that  the                                                            
design firms are denying  responsibility, which he said is standard.                                                            
He  stated that  the  insurance company  has  been notified  of  the                                                            
intent  to file the  claim. He  stressed the  department intends  to                                                            
pursue  the responsible  party  with  assistance from  the  Attorney                                                            
General's Office  and outside counsel. He estimated  it would be two                                                            
years before the matter is concluded.                                                                                           
                                                                                                                                
Senator  Ward asked  if the department  is also  accounting for  the                                                            
cost of lost  revenue due to delay  of the project in its  claim. He                                                            
noted the additional  retail and airline  space the expansion  is to                                                            
provide.                                                                                                                        
                                                                                                                                
Mr. Eberle responded that  those costs could be calculated after the                                                            
terminal is operational and revenue is earned.                                                                                  
                                                                                                                                
Senator Ward  requested an estimate  of the amount of lost  revenue,                                                            
particularly for  the nine months to date that the  opening has been                                                            
delayed. He  understood that exact  figures could not be  calculated                                                            
but wanted an estimate within $400 to $500.                                                                                     
                                                                                                                                
Senator  Austerman  referenced  the letter  from the  Department  of                                                            
Transportation  and Public Facilities  listing the $8.7 million  for                                                            
the projects that relate  to the terminal upgrade. He noted there is                                                            
a remaining amount of $134,200,000  and asked if for a detail of the                                                            
planned expenditures of these funds.                                                                                            
                                                                                                                                
Mr.  Parkan noted  that  this item  is  included in  the  governor's                                                            
proposed  FY 02  Capital  Budget  legislation  and stated  he  would                                                            
provide  that information.  He  noted  some projects  are  partially                                                            
funded  through federal  international  airport  improvement  funds,                                                            
others are  bond funded and  a few are  revenue-funded projects.  He                                                            
pointed out  environmental  expenses could  not be funded with  bond                                                            
revenues because  they are not considered  an asset. He shared  that                                                            
the  bond revenue  would  be used  for state  match  of the  federal                                                            
funds.                                                                                                                          
                                                                                                                                
Senator Austerman  requested identification  of this information  in                                                            
relation to the bill.                                                                                                           
                                                                                                                                
AT EASE 11:14 AM / 11:17 AM                                                                                                     
                                                                                                                                
Senator Austerman asked  why this bill was not introduced earlier in                                                            
the legislative  session  since the  projects are  contained in  the                                                            
capital budget.                                                                                                                 
                                                                                                                                
Mr.  Parkan   responded   this  bill,   sponsored   by  the   Senate                                                            
Transportation  Committee  is  similar  to  one  introduced  by  the                                                            
governor in January 2001.                                                                                                       
                                                                                                                                
Co-Chair  Kelly noted  the governor's  bill has  been in the  Senate                                                            
Finance  Committee  since the  first two  weeks of  the legislative                                                             
session.                                                                                                                        
                                                                                                                                
Senator Ward added  that there has been extensive  discussion on the                                                            
matter  of  funding sources,  responsibility   for the  delays,  and                                                            
whether the terminal expansion  project would essentially need to be                                                            
done twice.  He expressed  that although  it would  be at least  two                                                            
years  before the  responsible  party  is determined,  the  citizens                                                            
would pay the price of the project delays and increased costs.                                                                  
                                                                                                                                
Senator  Ward stressed  that  Senator Cowdery  insisted  on the  new                                                            
legislation,   not  the  Senate  Transportation   Committee,   which                                                            
sponsored it.                                                                                                                   
                                                                                                                                
Senator Hoffman  noted SB 218 lists the amount of  $142.9 million as                                                            
the bonding authority,  but the fiscal note increases this amount by                                                            
$5 million. He asked for an explanation.                                                                                        
                                                                                                                                
Mr. Parkan  directed attention to  a more current fiscal  note dated                                                            
May  2, 2001.  He shared  that  the airline  industry  requested  $5                                                            
million be  changed from bond funding  to revenue funding,  which he                                                            
said reduces  the bond amount.  It was determined  that this  fiscal                                                            
note was not in possession of the Committee at this time.                                                                       
                                                                                                                                
Mr.  Parkan  detailed  the  $5  million   in  question  is  for  the                                                            
relocation   costs  of  the  airlines   and  was  included   in  the                                                            
negotiations  between the  Department of  Transportation and  Public                                                            
Facilities and the airline companies.                                                                                           
                                                                                                                                
Co-Chair Donley  wanted to know where  the funding comes  from if it                                                            
is not bonded.                                                                                                                  
                                                                                                                                
Mr. Parkan responded the  monies are from the International Airports                                                            
Revenue fund. He detailed  the list of proposed projects attached to                                                            
the   aforementioned   letter,  explaining   the   various   funding                                                            
mechanisms for each.                                                                                                            
                                                                                                                                
Mr. Eberle  established  for  Co-Chair Donley,  that he  is not  the                                                            
project manager  of the terminal extension  project, but  rather the                                                            
overall program director.                                                                                                       
                                                                                                                                
Co-Chair Donley shared  that he has learned that the project manager                                                            
of the terminal  project is the same  project manager of  the Alaska                                                            
Center for the  Performing Arts in Anchorage. He asked  if this were                                                            
true.                                                                                                                           
                                                                                                                                
Mr.  Eberle  replied  that the  project  manager  for  the  terminal                                                            
project  is a Department  of  Transportation  and Public  Facilities                                                            
employee.  He  noted a  variety  of consultants  are  working  under                                                            
contract with  the state on this project. One of those  consultants,                                                            
he informed  is Rise  Alaska  and the owner  of this  firm had  been                                                            
involved  in construction  of  the performing  arts  center under  a                                                            
different company name.                                                                                                         
                                                                                                                                
Co-Chair  Donley  asked  if the  contracts  were  competitively  bid                                                            
contracts or sole source.                                                                                                       
                                                                                                                                
Mr. Eberle answered the proposals are all competitively bid.                                                                    
                                                                                                                                
Co-Chair Donley  shared concerns with others in Anchorage  about the                                                            
cost  overruns incurred  during  construction  of the  arts  center.                                                            
These  concerns,   he  said,  grow   because  the  same   contractor                                                            
responsible for those delays is involved in the airport project.                                                                
                                                                                                                                
Mr. Eberle responded that  Co-Chair Donley could review the terms of                                                            
the contract at any time.                                                                                                       
                                                                                                                                
Co-Chair  Donley  expressed  he  also  wanted  details  of  the  bid                                                            
criteria  and  whether  any  consideration  is  given  to  the  past                                                            
performance of a contractor.                                                                                                    
                                                                                                                                
Mr. Eberle stated  he would provide the evaluation  criteria and the                                                            
scores given for these bids.                                                                                                    
                                                                                                                                
Senator  Leman clarified  that "contractor"  used  in this  context,                                                            
applies  to professional  management, engineers  or other  technical                                                            
service providers.                                                                                                              
                                                                                                                                
Senator  Green  pointed  out  that  in  the  future  many  of  these                                                            
questions would be answered  in accordance to the provisions on page                                                            
2  of  the  committee  substitute.  These,  she  explained   address                                                            
reporting  requirements  of expenditures,  cost  overruns, etc.  She                                                            
stated her support of these provisions.                                                                                         
                                                                                                                                
Senator Green  offered a  motion to move from  Committee, CS  SB 218                                                            
(TRA) with $25,000 fiscal note from the Department of Revenue.                                                                  
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
                                                                                                                                
AT EASE 11:26 AM / 11:39 AM                                                                                                     
                                                                                                                                

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