Legislature(2003 - 2004)

05/08/2003 09:00 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 73                                                                                                         
     "An Act relating to the authority of the Alaska Industrial                                                                 
     Development and Export Authority to issue bonds; and providing                                                             
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken referenced  a letter to himself  dated May  1, 2003                                                            
from Mike  Barry, Chairman  of the Board  and Ron Miller,  Executive                                                            
Director of the  Alaska Industrial Development and  Export Authority                                                            
(AIDEA)/Alaska  Energy  Authority (AEA).  [Copy  on file.]  Co-Chair                                                            
Wilken  this letter  provides  answers  to  questions  posed at  the                                                            
previous hearing on the issue of AIDEA bonds.                                                                                   
                                                                                                                                
Co-Chair Wilken stated  that this bill "makes several changes to the                                                            
AIDEA  loan  participation  program  and  secondly,  authorizes  the                                                            
Alaska  Energy Authority  to acquire  the Healy  Clean Coal  project                                                            
from AIDEA." He  reminded the Members that AIDEA brought  additional                                                            
matters  to  his  attention,  which   is  reflected  in  a  proposed                                                            
committee substitute.                                                                                                           
                                                                                                                                
Senator  Bunde moved for  adoption of  CS SB 73,  23-GS1018\D,  as a                                                            
working draft.                                                                                                                  
                                                                                                                                
Senator Olson objected for an explanation.                                                                                      
                                                                                                                                
Co-Chair Wilken  pointed out that page 2 lines 23  through 28 of the                                                            
committee substitute contain  the language of the original bill. The                                                            
remaining language, he stated, is new.                                                                                          
                                                                                                                                
AT EASE 9:00 AM \ 9:01 AM                                                                                                       
                                                                                                                                
MIKE   BARRY,  Chair,   Board   of  Directors,   Alaska   Industrial                                                            
Development  and Export Authority,  testified that this legislation                                                             
is "for the good of the  State." He reported that interest rates are                                                            
lower then  they have been  in approximately  50 years, and  because                                                            
AIDEA  holds a  significant  portion  of  its assets  in  government                                                            
securities, as interest  rates begin to increase, a "minus earnings"                                                            
could  occur   for  a  period   of  time.   He  learned  that   loan                                                            
participation  with  banks  has historically  provided  the  largest                                                            
earnings for  AIDEA and also directly  relates to the AIDEA  mission                                                            
to  diversify  the State's  economy  and  providing  employment.  He                                                            
remarked that  the loan participation  program affects every  region                                                            
of the State and  involves all financial institutions  in the State.                                                            
As a result  of this situation,  he expressed  intent to expand  the                                                            
loan participation  program  and create more  earning assets  in the                                                            
program. To accomplish  this he offered suggestions,  which he cited                                                            
from the May 1, 2003 letter as follows.                                                                                         
                                                                                                                                
     The  proposed changes  will enhance the  loan program,  bring a                                                            
     greater   benefit  to   Alaskan  businesses,   increase   AIDEA                                                            
     revenues,  and increase the AIDEA  dividend paid to  the state.                                                            
     Specifically,  the amendment proposes the following  changes to                                                            
     the program.                                                                                                               
                                                                                                                                
     1. Increases the  percentage in loan participants by AIDEA from                                                            
        80%  to  90%.  This  provides  a  greater  benefit  for  the                                                            
        borrower  by allowing  a larger  portion of  the loan  to be                                                            
        amortized  over a  longer term than  provided by the  banks,                                                            
        thereby reducing debt service.                                                                                          
     2. Increases  the maximum dollar amount AIDEA  can purchase per                                                            
        loan  transaction from $10 million to $20  million, allowing                                                            
        AIDEA  the opportunity  to participate  in larger  financial                                                            
        transactions  to the benefit of Alaska banks and businesses.                                                            
     3. Allows  for equity  extractions  to finance  other  business                                                            
        activities  in Alaska that are not necessarily  connected to                                                            
        the  financed   project.  Many  Alaskan  entrepreneurs   are                                                            
        involved  in  multiple  businesses.  Allowing  a  person  to                                                            
        refinance  an established  business  and extract equity  for                                                            
        use  in  a  new business  will  benefit  the  state  economy                                                            
        immensely.                                                                                                              
     4. In  order to  resolve lending  limit  problems of  financial                                                            
        institutions,   the  amendment  allows  AIDEA   to  purchase                                                            
        participations   in   existing  qualified   loans  held   by                                                            
        financial  institutions.  This  change will  provide an  in-                                                            
        state  solution for  Alaska banks  to resolve lending  limit                                                            
        problems.  Effectively,  this frees  up lending capacity  so                                                            
        the banks can  continue to extend short-term loans and lines                                                            
        of credit to their customers.                                                                                           
     5. Allows  for the  establishment  of a  minimum interest  rate                                                            
        regardless    of   AIDEA's    funding   source    for   loan                                                            
        participation,   which  is either  bond  proceeds  or  AIDEA                                                            
        funds. Currently,  the funding source dictates the method of                                                            
        establishing  an interest rate on the loan participation. If                                                            
        bond  proceeds are used the  interest rate is set  in statue                                                            
        as AIDEA's  cost to borrow plus an additional  percentage to                                                            
        cover the loan  servicing costs. If AIDEA uses its own funds                                                            
        the interest  rate is determined by adopting the regulations                                                            
        and  may be no  less than  the interest  rate used if  AIDEA                                                            
        were to issue bonds.                                                                                                    
                                                                                                                                
Mr. Barry  pointed  out that  the provision  outlined  in the  first                                                            
paragraph  of  the letter  would  be  a reversion  to  the  original                                                            
statutes  and initial method  of operation.  He informed that  AIDEA                                                            
performs  independent  underwriting investigation  on  all loans  it                                                            
purchases in addition  to the underwriting performed  by the issuing                                                            
bank and therefore, AIDEA  does not "simply rubber stamp" the loans.                                                            
Because of these  assurances, he stated that AIDEA  should acquire a                                                            
larger  portion of  those  loans identified  as "good  credit",  and                                                            
beneficial  to the AIDEA portfolio.  He qualified that banks  do not                                                            
always offer  a greater portion  of the loans,  although changes  to                                                            
statute would  allow borrowers to  request the more favorable  terms                                                            
that AIDEA  is able to  offer. He emphasized  this would not  change                                                            
the loan  to value, but  rather the maximum  allocation between  the                                                            
bank and AIDEA.                                                                                                                 
                                                                                                                                
Mr. Barry stated  that the $10 million limitation  has been in place                                                            
for several  years and he assured  the increased limit would  not be                                                            
"used widely".  He exampled  the history  of the loan participation                                                             
program in  which only two  credits were acquired  in the amount  of                                                            
$10 million.                                                                                                                    
                                                                                                                                
Senator Bunde  asked if any  pending projects  would be impacted  by                                                            
this change.                                                                                                                    
                                                                                                                                
Mr. Barry knew of none.                                                                                                         
                                                                                                                                
Mr. Barry  continued with  the third item  listed in the letter  and                                                            
qualified  that the loan  extractions should  be allowed so  long as                                                            
the investment  is made into  another Alaska  business. He  found in                                                            
many smaller communities  a "lack" on entrepreneurs  and that one or                                                            
two entrepreneurs could be operating several businesses.                                                                        
                                                                                                                                
Senator  Olson  asked  about  any  negative  experiences  with  loan                                                            
extractions.                                                                                                                    
                                                                                                                                
Mr.  Barry responded  that  banks have  informed  AIDEA of  "serious                                                            
problems"  without  the loan  extraction  option, in  attempting  to                                                            
service customers who own more than one business.                                                                               
                                                                                                                                
Mr. Barry explained  the forth item,  which proposes to allow  AIDEA                                                            
to purchase  loans from a  financial institution  in the event  that                                                            
institution  reaches  a limit  in  the amount  of lending  it  could                                                            
provide.  He gave an  example of  a business with  an existing  loan                                                            
from a  bank plus  an application  for additional  financing,  which                                                            
would exceed  the credit  amount the bank  has established  for each                                                            
customer. He  stated that in this  instance the bank could  "sell" a                                                            
portion  of the existing  loan to  either AIDEA  or another  lending                                                            
institution,  and  that this  usually  occurs  with "the  very  best                                                            
customers"  with good credit  ratings and  is called an "override".                                                             
However,  he  informed  that AIDEA  is  not getting  many  of  these                                                            
overrides to banks  outside Alaska because current  statute requires                                                            
the banks to rewrite  the loan before it could be  sold to AIDEA. He                                                            
stated that  refinancing these  loans is  expensive for the  Alaskan                                                            
business and involve payment  of fees, an appraisal, title insurance                                                            
and other costs.  This statutory change, he said,  would allow AIDEA                                                            
to purchase  existing  loans in addition  to new  loans. He  relayed                                                            
opposition  to this proposal was voiced  by one bank concerned  that                                                            
this  change  would  allow  its  smaller   competitors  to  be  more                                                            
competitive with them.  He noted this is the only proposed change to                                                            
AIDEA that has received  opposition from a bank and that other banks                                                            
have either abstained from  commenting or fully support the changes.                                                            
                                                                                                                                
Mr. Barry explained  the fifth item  listed in the overview  relates                                                            
to changing  the interest rate criteria.  Currently, he stated  that                                                            
AIDEA  prices  its loans  "on  a very  simple  basis"  for either  a                                                            
variable rate  or a fixed rate, and the term of that  fixed rate. He                                                            
proposed  to allow  "risk based  pricing" and  described that  AIDEA                                                            
could charge  a "slightly  higher" rate for  a loan offered  at a 90                                                            
percent  participation   than  a  loan  offered  at  an  80  percent                                                            
participation  because AIDEA  would be involved  in that loan  for a                                                            
longer  term  than   the  financial  institution  and  subsequently                                                             
increase  the risk  to  AIDEA. He  stressed  that this  proposal  is                                                            
different  than the method  that banks apply  risk based pricing  in                                                            
grading  an   applicant's  credit   against  another's  credit.   He                                                            
predicted this  would be discriminatory  against residents  of rural                                                            
communities.                                                                                                                    
                                                                                                                                
Co-Chair Wilken  pointed out the provision  proposed in item  two is                                                            
also contained  in Section  1 of SB 112;  however, that legislation                                                             
also includes language relating to the Red Dog Mine.                                                                            
                                                                                                                                
Senator Olson  asked if the third  proposal could be implemented  to                                                            
subsequently allow  Cominco to secure funding for  some of its "less                                                            
than profitable" ventures.                                                                                                      
                                                                                                                                
Mr.  Berry clarified  this  statutory  change  applies  to the  loan                                                            
participation  program of  loans originated  by banks, and  that the                                                            
equity  would be  extracted  on behalf  of  the borrower,  i.e.  the                                                            
bank's customer.  He stated that AIDEA has no mechanism  through the                                                            
loan participation  program to extract  any equity from a  borrower.                                                            
                                                                                                                                
Co-Chair Wilken  referenced a letter dated April 24,  2003 from Marc                                                            
Langland,  President of Northrim  Bank addressed  to AIDEA  [copy on                                                            
file] requesting  that AIDEA increase approval authority  of the in-                                                            
house credit  committee from $3 million  to $6 million. He  asked if                                                            
this  matter was  considered  and  whether it  is addressed  in  the                                                            
aforementioned five items.                                                                                                      
                                                                                                                                
Mr.  Barry clarified  this  is  a regulatory  issue,  not  requiring                                                            
statutory  changes, and that  the board of  directors would  address                                                            
the matter.                                                                                                                     
                                                                                                                                
Co-Chair  Wilken  relayed  concern expressed  by  Wells  Fargo in  a                                                            
letter dated April  25, 2003 from Executive Vice President  James L.                                                            
Cloud to  AIDEA [copy on  file] relating to  item five and  the need                                                            
for an understanding of the proposal's intent.                                                                                  
                                                                                                                                
Mr. Barry  reiterated that  another bank  opposed this proposal  and                                                            
that Wells Fargo "chose to take no stand" on the matter.                                                                        
                                                                                                                                
Senator Olson removed his  objection to the motion and the committee                                                            
substitute Version "D" was ADOPTED.                                                                                             
                                                                                                                                
Senator  Taylor requested  the  record reflect  that  he joined  the                                                            
meeting at 9:04 am.                                                                                                             
                                                                                                                                
Co-Chair  Wilken noted  this legislation  also  addressed the  Healy                                                            
Clean Coal project.                                                                                                             
                                                                                                                                
Mr.  Barry   explained  the  committee   substitute  would   provide                                                            
statutory  authority  for  the  Alaska  Energy  Authority  (AEA)  to                                                            
acquire the  Healy Clean Coal asset.  He informed that the  transfer                                                            
of AEA to AIDEA  did not include authority  for AEA to initiate  new                                                            
projects  without  legislative  consent. He  stated  that the  AIDEA                                                            
Board of  Directors also  acts as  the board of  directors for  AEA,                                                            
although  AIEDA  and  AEA  are  separate  companies  with  separated                                                            
accounting.  He   stated  that  AIDEA  owns  Healy   Clean  Coal,  a                                                            
generating  asset located  along  the Railbelt,  and  that AEA  owns                                                            
another generating  asset, called  Bradley Lake, and a transmission                                                             
asset,  called  the  Alaska  Intertie,  both  also  located  on  the                                                            
Railbelt.  He expressed  intent to  transfer Healy  Clean Coal  from                                                            
AIDEA to AEA in the future  so all State-owned energy assets located                                                            
along the  Railbelt would  be in  the same company.  He indicated  a                                                            
potential  conflict  of  interest  of  the  board  of  directors  in                                                            
addressing these assets  separately and noted possible "flexibility"                                                            
in locating  all the assets within  one company. He assured  that if                                                            
the transfer were arranged,  AIDEA would present the proposal to the                                                            
Legislature  for approval  and that the change  in this legislation                                                             
would provide advanced notice of intent.                                                                                        
                                                                                                                                
Co-Chair  Wilken asked  the extent  of the "distress"  of the  Healy                                                            
Clean Coal project in the intent to transfer the asset to AEA.                                                                  
                                                                                                                                
Mr. Barry replied  that as a new chair  of AIDEA, he would  not have                                                            
perceived a conflict with  the board of directors if the Healy Clean                                                            
Coal project  were not in  distress. He qualified  that no  conflict                                                            
has been identified  to date; however,  precautions should  be taken                                                            
against future conflict.                                                                                                        
                                                                                                                                
Co-Chair Wilken  announced intent  to hold the bill in Committee  at                                                            
this hearing.                                                                                                                   
                                                                                                                                
SARA   FISHER-GOAD,   AIDEA,  testified   that   Brenda   Applegate,                                                            
Controller,  AIDEA and  Sue Weimer  of the AIDEA  Credit  Department                                                            
were available on teleconference to answer questions.                                                                           
                                                                                                                                
Senator Olson  asked if any implications resulted  from the transfer                                                            
of AEA to AIDEA.  He recalled a letter of intent drafted  by parties                                                            
involved in the Healy Clean Coal Project [copy not provided].                                                                   
                                                                                                                                
Mr.  Barry stressed  that  some  "serous  issues" must  be  resolved                                                            
before a transfer of the  Clean Coal project could occur.  He listed                                                            
permits issued  to AIDEA  for operation of  the project that  may or                                                            
may not be  transferable, and an outstanding  agreement with  Golden                                                            
Valley Electric  Association. He remarked that no  transfer would be                                                            
attempted  without input from  the Association  and noted a  meeting                                                            
was planned between the boards of both organizations.                                                                           
                                                                                                                                
Senator Olson asked the  relationship between Golden Valley Electric                                                            
Association and the Healy Clean Coal project.                                                                                   
                                                                                                                                
Mr. Barry  told of a power  sales agreement  reached in 1991,  which                                                            
was  terminated  in  April  2003  by  the  Golden   Valley  Electric                                                            
Association;   however,  a  settlement   agreement  resulting   from                                                            
litigation  filed in 1999  is still valid.  He assured that  neither                                                            
AIDEA nor the  Golden Valley Electric  Association is attempting  to                                                            
avoid their obligations.                                                                                                        
                                                                                                                                
Senator Hoffman  commented  that the language  of Section 2  appears                                                            
"broad  and open  ended"  and asserted  he  would not  support  this                                                            
provision unless  he knew specifically  if a purchase or  lease were                                                            
under  consideration  and  the  conditions  of  that  proposal.  The                                                            
language of Section 2 reads as follows.                                                                                         
                                                                                                                                
     Sec. 2. AS 44.83.080 is amended by adding a new paragraph to                                                               
     read:                                                                                                                      
                (16) to acquire, by purchase or lease, a coal-fired                                                             
     electric  generation  project owned  by the  Alaska  Industrial                                                            
     Development  and Export  Authority that  qualified for  federal                                                            
      financial participation under P.L. 99-190, as amended.                                                                    
                                                                                                                                
Senator Hoffman  understood  that the Healy  Clean Coal project  was                                                            
not earning  a profit, in part because  of high operating  costs. He                                                            
expressed the  need to know of the  conditions of an AIDEA  purchase                                                            
to identify  the State's obligation  and whether further  debt would                                                            
be incurred. He  wanted to know if AIDEA would "cut  it's losses" if                                                            
the project  were  unprofitable and  subsequently  write down  those                                                            
losses. He  also informed  that federal legislation  related  to the                                                            
project is unresolved.                                                                                                          
                                                                                                                                
Mr.  Barry  responded that  the  provision  in  Section 2  does  not                                                            
actually  request the  transfer, but  rather  notifying "the  world"                                                            
that such an  acquisition could occur.  He assured that legislative                                                             
authority would  be required for such a purchase.  He furthered that                                                            
feasibility  studies  to  determine  such  matters  as  whether  the                                                            
permits could be transferred, have not been conducted to date.                                                                  
                                                                                                                                
Mr. Barry asserted that  the fact that the Healy coal project is not                                                            
a profitable operation  is not in dispute. During  the previous year                                                            
and in  1999, he stated  that AIDEA "took  a very significant  write                                                            
down  on  impairment  of  assets"  to account  for  the  losses.  He                                                            
emphasized  the board of directors'  intent to make every  effort to                                                            
determine  whether  this resource  generating  capability  could  be                                                            
utilized for the benefit of the State of Alaska.                                                                                
                                                                                                                                
Senator Hoffman asked the amounts of the two write-downs.                                                                       
                                                                                                                                
Mr. Barry replied  that he joined  the Board in January and  was not                                                            
familiar  with the details.  He estimated the  first write  down was                                                            
$131 million and the second was approximately $66 million.                                                                      
                                                                                                                                
Senator  Hoffman opined  that a decision  must be  made quickly  and                                                            
that  conducting  studies  would   be "prolonging   the  agony".  He                                                            
stressed the need  for AIDEA and the Legislature to  act as "prudent                                                            
business people", noting  that Golden Valley Electric Association is                                                            
"already  cutting their  losses" and  that the State  should  do the                                                            
same.                                                                                                                           
                                                                                                                                
Co-Chair Wilken announced intent to hold this bill in Committee.                                                                
                                                                                                                                
Amendment  #1:  This  amendment  inserts  "and to  a  municipal  tax                                                            
exemption for  certain assets and projects of the  Alaska Industrial                                                            
Development  and Export  Authority" to  the title  of the bill.  The                                                            
amended language reads as follows.                                                                                              
                                                                                                                                
     "An Act  relating to powers of  the Alaska Energy Authority  to                                                            
     acquire  a  coal-fired  electric generation  project  from  the                                                            
     Alaska   Industrial  Development   and  Export  Authority,   to                                                            
     exemption  from  the  State  Procurement   Code  for  contracts                                                            
     related  to a coal-fired electric  generation project  that the                                                            
     Alaska  Energy Authority  acquires from  the Alaska  Industrial                                                            
     Development and Export  Authority, to regulations of the Alaska                                                            
     Industrial  Development and Export Authority,  to the authority                                                            
     of the  Alaska Industrial Development  and Export Authority  to                                                            
     issue  bonds,  and to  a municipal  tax exemption  for  certain                                                            
     assets  and projects of the Alaska  Industrial Development  and                                                            
      Export Authority; and providing for an effective date."                                                                   
                                                                                                                                
This amendment also inserts  a new bill section on page 6, line 5 to                                                            
read as follows.                                                                                                                
                                                                                                                                
     Sec. 11. Section 19, ch. 117 SLA 2000, is amended to read:                                                                 
          Section 19. Section 3 of this act takes effect July 1,                                                                
     2012 [2004].                                                                                                             
                                                                                                                                
     New Text Underlined [DELETED TEXT BRACKETED]                                                                             
                                                                                                                                
Senator B. Stevens moved for adoption.                                                                                          
                                                                                                                                
Co-Chair Wilken objected for clarification.                                                                                     
                                                                                                                                
Senator B. Stevens explained  this amendment relates to changes made                                                            
to the companion bill,  HB 112, which imposed a repeal of the sunset                                                            
date. He stated  this amendment represents  a compromise  in that it                                                            
would   not   repeal  the   exemption   of   the   DeLong   Mountain                                                            
transportation  system, but rather extend the exemption  to the year                                                            
2012. He noted  this date also marks the end of the  pilot agreement                                                            
between the Northwest  Arctic Borough and Cominco  in which payments                                                            
are made  to the  Borough in  lieu of  taxes. He  expressed that  he                                                            
disagrees   with  the  State  tax   assessor's  position   that  the                                                            
transportation system is not a State-owned asset, held by AIDEA.                                                                
                                                                                                                                
Co-Chair Wilken  objected to this  amendment on the grounds  that it                                                            
"brings before this Committee,  some significant policy calls and we                                                            
can deal  with those  in House Bill  112. If we  bring it into  this                                                            
bill, it adds  nothing to the bill;  in fact detracts from  the bill                                                            
and detracts  from the  discussion  and the benefit  that this  bill                                                            
provides." He assured he was committed to addressing HB 112.                                                                    
                                                                                                                                
Senator  Taylor thanked  the sponsor  of the  amendment,  expressing                                                            
that he shares  the concerns. He recalled  the Legislature  reaching                                                            
the  initial  agreement  and remarked  that  a  "deal was  a  deal,"                                                            
whether or not he supported it at the time.                                                                                     
                                                                                                                                
Senator  Hoffman supported  the amendment  as well.  He shared  that                                                            
AIDEA reports  the single largest  revenue producer of this  project                                                            
is Cominco Alaska  Red Dog Mine and that Cominco has  a nonexclusive                                                            
priority right to use the  DeLong Mountain transportation system. He                                                            
commented that the Legislature  must consider how its actions affect                                                            
the corporation and the bond ratings.                                                                                           
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR:  Senator Olson,  Senator B. Stevens,  Senator Taylor,  and                                                            
Senator Hoffman                                                                                                                 
                                                                                                                                
OPPOSED: Senator Bunde, Co-Chair Green, and Co-Chair Wilken                                                                     
                                                                                                                                
The motion PASSED (4-3)                                                                                                         
                                                                                                                                
The amendment was ADOPTED.                                                                                                      
                                                                                                                                
Senator  Taylor stated  that  the extension  of the  exemption  date                                                            
reflects  only  one  portion  of  the  provisions  in  HB  112.  The                                                            
definition  of  a  roadway and  the  purposes  of  a transportation                                                             
corridor, he noted are  not addressed in the committee substitute to                                                            
SB 73.                                                                                                                          
                                                                                                                                
Co-Chair Wilken  announced the matter would be addressed  at a later                                                            
date.                                                                                                                           
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                

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