Legislature(2003 - 2004)

05/10/2003 09:05 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 213                                                                                                        
     "An Act establishing the Knik Arm Bridge and Toll Authority                                                                
     and relating to that authority; and providing for an effective                                                             
     date."                                                                                                                     
                                                                                                                                
                                                                                                                                
This was  the first  hearing for  this bill  in the Senate  Finance                                                             
Committee.                                                                                                                      
                                                                                                                                
Co-chair Wilken stated that this  legislation would provide for the                                                             
establishment  of an independent authority  to build and  operate a                                                             
Knik Arm Bridge.                                                                                                                
                                                                                                                                
MIKE BARTON, Commissioner, Department  of Transportation and Public                                                             
Facilities, expressed that this bill would establish a separate and                                                             
independent authority, which would  function in a similar manner as                                                             
the Alaska  Housing  Finance Corporation,  to build  and operate  a                                                             
bridge  across Knik  Arm.  In addition,  he  stated  that it  would                                                             
provide for  the creation of a  three-person board, which  would be                                                             
comprised of the commissioners of the Department of Revenue and the                                                             
Department of  Transportation and  Public Facilities, and  a public                                                             
member appointed  by the Governor. He specified that  each of these                                                             
persons  would  serve  a  five-year  term with  the  option  of  an                                                             
additional five-year term.                                                                                                      
                                                                                                                                
Mr. Barton declared  that the majority of the language  in the bill                                                             
pertains to the Authority's ability to: issue revenue bonds; accept                                                             
and receive  federal government  funding;  provide for  Legislative                                                             
oversight of  bonds; and manage  the construction and  operation of                                                             
the bridge.                                                                                                                     
                                                                                                                                
Co-chair Wilken  announced that the  purpose of this hearing  is to                                                             
entertain issues regarding the bill.                                                                                            
                                                                                                                                
Senator  Olson  asked  whether a  change  in  administration  would                                                             
"automatically change" the Board's membership.                                                                                  
                                                                                                                                
Commissioner Barton  replied that even though the commissioners  of                                                             
the  two  departments   might  change  as  the  result   of  a  new                                                             
administration,  this situation  would not  immediately affect  the                                                             
members of the Board as they are appointed for five-year terms.                                                                 
                                                                                                                                
Senator  Olson  asked the  reactions  to  this legislation  by  the                                                             
affected communities, particularly the reaction of the Municipality                                                             
of Anchorage which would be most impacted by this legislation.                                                                  
                                                                                                                                
Commissioner Barton  responded that "there is an amazing  amount of                                                             
support"  for the construction  of a  bridge. He  stated that  at a                                                             
recent  meeting in  Palmer  in the  Matanuska-Susitna  Borough,  no                                                             
opposition to the bridge was experienced.                                                                                       
                                                                                                                                
Senator Taylor  noted that the distance  across Knik Arm  is short.                                                             
Therefore, he suggested that a fast ferry and/or a hovercraft might                                                             
be viable alternatives to a bridge.                                                                                             
                                                                                                                                
Commissioner Barton acknowledged the suggestion.                                                                                
                                                                                                                                
Senator Hoffman, referring to the three-person administrative staff                                                             
as  outlined  in  the  accompanying   May  5,  2003  Department  of                                                             
Transportation and Public Facilities  fiscal note, asked whether it                                                             
is   imperative  that   staff  be   hired   immediately  upon   the                                                             
establishment  of the  Authority.  Additionally, he  asked at  what                                                             
point  the  tolls  generated  from the  bridge  would  support  the                                                             
bridge's administrative costs.                                                                                                  
                                                                                                                                
Commissioner  Barton  voiced   the  need  for  early  hire  of  the                                                             
administrative staff, as they would be able to assist the Authority                                                             
in securing  adequate  funding and  design  determinations for  the                                                             
bridge. He noted that the construction of the bridge is anticipated                                                             
to occur in the 2007  to 2009 timeframe, depending  upon the bridge                                                             
design.                                                                                                                         
                                                                                                                                
Senator Hoffman asked when the bridge design requests for proposals                                                             
should be conducted  in order to start construction  in the 2007 to                                                             
2009 timeframe.                                                                                                                 
                                                                                                                                
Commissioner  Barton responded that  it would depend on  the bridge                                                             
option  selected.  He stated  that  bridge  design work  should  be                                                             
conducted in 2005 and 2006.                                                                                                     
                                                                                                                                
Senator Olson voiced  surprise that there is no opposition  to this                                                             
legislation as,  he stated, this is  not typically the norm  when a                                                             
project could negatively affect property values in an area.                                                                     
                                                                                                                                
Commissioner  Barton reiterated  that,  while there  might be  some                                                             
concern, no opposition has been expressed.                                                                                      
                                                                                                                                
Co-Chair Wilken  voiced concern  regarding the Department's  fiscal                                                             
note and the subsequent impact on the FY 04 budget.                                                                             
                                                                                                                                
Co-Chair   Wilken  opined   that  communities,   specifically   the                                                             
Municipality of Anchorage and the Mat-Su Borough, should be able to                                                             
participate in discussions with the Bridge Authority. Therefore, he                                                             
questioned  whether the word  "confer," as denoted  in the  bill in                                                             
Article 2.  Powers and Duties, Subsection  (a)(17) on page  4, line                                                             
27, is "strong enough."                                                                                                         
                                                                                                                                
               (17) confer with municipal and other governments,                                                                
     metropolitan planning organizations, and the department,                                                                   
     concerning the Knik Arm bridge;                                                                                            
                                                                                                                                
Commissioner   Barton  referred  the   Committee  to  language   in                                                             
Subsection  (b)(5), on  page 5,  line  18 that  specifies that  the                                                             
Authority must coordinate activities with these communities.                                                                    
                                                                                                                                
               (5) coordinate the exercise of its powers to plan,                                                               
     design, construct, operate, and maintain the Knik Arm Bridge                                                               
     with the department, and with the mayors of the Municipality                                                               
     of Anchorage and the Matanuska-Susitna Borough.                                                                            
                                                                                                                                
Co-Chair Wilken acknowledged this language; however, he opined that                                                             
the word "coordinate is a soft word."                                                                                           
                                                                                                                                
Co-Chair Green testified to the  Mat-Su Borough's long-term support                                                             
of  this  project.   She  responded  to  Senator  Olson's   remarks                                                             
pertaining to  the project's adverse  effect on Anchorage  property                                                             
values  by asserting  that the  Mat-Su Borough  would similarly  be                                                             
affected by a loss of traffic in  its core area. However, she noted                                                             
that  allowing  traffic  to  be  expedited  from  the  area  toward                                                             
Anchorage would  relieve congestion  and provide other  communities                                                             
more direct access to Anchorage.                                                                                                
                                                                                                                                
Co-chair  Green  voiced,  however,   that  the  Mat-Su  Borough  is                                                             
concerned  about the primacy  of the  Department. Furthermore,  she                                                             
noted  that  while  the Mat-Su  Borough  and  the  Municipality  of                                                             
Anchorage  might not  always agree  on an  issue, both  communities                                                             
support  improvements in  the regional  transportation system.  She                                                             
voiced support of Co-Chair Wilken's  concern about "soft language,"                                                             
and  she  expressed  further  concern  regarding  the  Department's                                                             
"higher level of control;" particularly the Department's control on                                                             
project funding.                                                                                                                
                                                                                                                                
                                                                                                                                
SFC 03 # 87, Side A 10:41 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Commissioner Barton responded that this legislation would establish                                                             
"a separate  legal authority  that would be  able to raise  revenue                                                             
through the sale of bonds." He  assured that the bonds would not be                                                             
an obligation  of the  State, as  the Authority  would issue  them.                                                             
Furthermore, he noted  that it would be Authority,  rather than the                                                             
Department that would  be working with the various  municipalities                                                              
                                                                                                                                
Co-Chair Green asked how the situation  would be resolved, were the                                                             
two communities "to totally disagree" on the project.                                                                           
                                                                                                                                
Senator Taylor declared  that the Bridge Authority  must be created                                                             
as an autonomous  entity in order  to issue bonds. Furthermore,  he                                                             
voiced  that while  it  might be  desired for  the  public to  have                                                             
greater input and that the affected communities should consult with                                                             
the Authority regarding the project, he attested that the action of                                                             
providing communities with a "primacy" control could jeopardize the                                                             
asset  that the  bonds  are pledged  to  "payoff."  He voiced  that                                                             
stronger language  might negatively affect the Authority's  ability                                                             
to sell bonds.                                                                                                                  
                                                                                                                                
Co-Chair Wilken asked the Department  to address these concerns and                                                             
report back to the Committee. Additionally, he asked the Department                                                             
how a delay in action on this legislation might impact the project.                                                             
                                                                                                                                
Commissioner Barton responded that  even if no action were taken on                                                             
the bill this Legislative session, the Department would continue to                                                             
"proceed  on the course  we're on."  However, he  asserted that  it                                                             
would  be beneficial  to pass  the legislation  this  year, as  the                                                             
establishment  of the  Bridge Authority  would  assist in  focusing                                                             
efforts  and  developing  methods  to  secure  funding  that  would                                                             
contribute to getting the bridge built.                                                                                         
                                                                                                                                
Senator  B. Stevens  voiced concern  regarding "the  extent of  the                                                             
power of the authority" and how  it would affect the communities of                                                             
Anchorage  and the Mat-Su  Borough. To  that end,  he asked  for an                                                             
explanation of the  term "appurtenant facilities" as  referenced in                                                             
Article 2.  Powers and Duties.  Section 44.90.111 subsections  (1),                                                             
(7), and (16) on page three and four that read as follows.                                                                      
                                                                                                                                
     Article 2. Powers and Duties.                                                                                              
          Sec. 44.90.111. Powers and duties of the authority. (a)                                                               
     In furtherance of its purposes, the authority may                                                                          
              (1) own, acquire, construct, develop create,                                                                      
     reconstruct, equip, operate, maintain, extend, and improve the                                                             
     Knik Arm bridge and its appurtenant facilities;                                                                            
                                                                                                                                
              (7) issue bonds and otherwise incur indebtedness, in                                                              
     accordance with AS 44.90.211,  in order to pay the cost of the                                                             
     Knik Arm bridge and its appurtenant  facilities; the authority                                                             
     may also secure payment of  the bonds or other indebtedness as                                                             
     provided in AS 44.90.221;                                                                                                  
                                                                                                                                
              (16) exercise powers of eminent domain or file a                                                                  
     declaration of taking as necessary for the Knik Arm bridge and                                                             
     appurtenant facilities under AS 09.55.240  09.55.460 to                                                                    
     acquire land or an interest in land;                                                                                       
                                                                                                                                
Senator B.  Stevens opined that  this language seemingly  specifies                                                             
that the Authority  is the entity  that is responsible  "for paying                                                             
the cost of the bridge  and its associated facilities,"  as well as                                                             
"defining in terms of land and facilities," what is required by the                                                             
Authority in order to build the bridge. He surmised therefore, that                                                             
the Authority  would be responsible  for the bridge section  of the                                                             
transportation corridor  between the two municipalities,  and would                                                             
issue bonds  to enable the  bridge to be  built as well as  levying                                                             
fees to pay for those bonds.                                                                                                    
                                                                                                                                
Commissioner Barton stated that is correct.                                                                                     
                                                                                                                                
Senator  B  Stevens   voiced  that  the  mechanism   for  including                                                             
communities  in the events  leading up to  the construction  of the                                                             
bridge is provided; however, he questioned how communities would be                                                             
involved after the bridge is built.                                                                                             
                                                                                                                                
Commissioner  Barton concurred  that this  language "addresses  the                                                             
crossing  itself and its  immediate environs."  He stated  that the                                                             
federal highway  program would  be involved  because the north  and                                                             
south  side approaches  to the  bridge would  affect the  federally                                                             
funded  road network  to such  place  as Houston  and Talkeetna  in                                                             
addition to the Mat-Su  Borough and the Municipality  of Anchorage.                                                             
He reminded Committee Members that  the federally mandated Regional                                                             
Transportation  Planning Organization  is  charged with  addressing                                                             
conflicts that  a transportation project  such as this  one, "might                                                             
incur to a great part of the State."                                                                                            
                                                                                                                                
Senator  B. Stevens  asked whether  the Knik  Arm Bridge  Authority                                                             
"would be  a participant  in the Regional  Transportation  Planning                                                             
Organization."                                                                                                                  
                                                                                                                                
Commissioner Barton responded that  while the Authority "would have                                                             
a lot  of involvement" with  the Organization,  he is unsure  as to                                                             
whether the Authority would be a member of it.                                                                                  
                                                                                                                                
Senator B. Stevens interjected that boroughs, cities, and the State                                                             
are members of that organization.                                                                                               
                                                                                                                                
Commissioner Barton agreed.                                                                                                     
                                                                                                                                
Senator Bunde pointed out that this project would require the State                                                             
to expend  "$2.5 million  of scare  dollars" to  access the  "free"                                                             
federal  highway fund  money. Therefore,  he stated  that while  it                                                             
might be  nice to have  this bridge, he  deemed it "unnecessary  at                                                             
this time."                                                                                                                     
                                                                                                                                
Senator Hoffman stated that this legislation appears to provide the                                                             
Knik Arm Bridge Authority with  the power to operate outside of the                                                             
Executive Budget Act. He asked  the justification for providing the                                                             
Authority with this ability as opposed to the State providing funds                                                             
and  maintaining control  of  such things  as  the Municipality  of                                                             
Anchorage International Airport improvements.                                                                                   
                                                                                                                                
Commissioner  Barton responded that  the Executive Budget  Act does                                                             
not apply to the Authority's ability to issue revenue bonds.                                                                    
                                                                                                                                
KATHLEEN  STRASBAUGH,  Assistant  Attorney   General,  Governmental                                                             
Affairs Section, Civil Division,  Department of Law, clarified that                                                             
the Authority would be required to comply with the Executive Budget                                                             
Act with the exception  that the revenues generated  by the sale of                                                             
the bonds would be obligated to pay off those bonds. She noted that                                                             
this  provision  is  mirrored  after  the  Alaska  Housing  Finance                                                             
Corporation (AHFC) that operates in this manner and has the duty to                                                             
repay its bonds.                                                                                                                
                                                                                                                                
Ms. Strasbuagh noted,  however, that the money appropriated  by the                                                             
State for operating expenses does  not qualify for exemption, as is                                                             
specified  in  Article  2.  Powers  and  Duties.   Sec.  44.90.111.                                                             
Subsection (b)(2) that reads as follows.                                                                                        
                                                                                                                                
     (2) comply with the provisions of AS 37.07 (Executive Budget                                                               
     Act), except that AS 37.07 does not apply to the activities of                                                             
     the  authority that  relate  to the authority's  borrowing  of                                                             
     money as  provided in this  chapter, including the  issuing of                                                             
     its  obligations  or  evidence   of  that  borrowing  and  the                                                             
     repayment of the debt obligation;                                                                                          
                                                                                                                                
Commissioner Barton noted that this exemption might be unnecessary;                                                             
however,  he suggested that  a person with  bond experience  should                                                             
advise on the matter.                                                                                                           
                                                                                                                                
Senator Hoffman noted that AHFC has collateral comprised of housing                                                             
and other properties that are readily  marketable as opposed to the                                                             
Knik  Arm Bridge  Authority.  Therefore, he  stated  that were  the                                                             
Authority not granted this exemption, the State could be liable for                                                             
the repayment of the bond debt.                                                                                                 
                                                                                                                                
Commissioner Barton voiced that the intent of the legislation is to                                                             
separate the State  from the sale of revenue bonds  in order to not                                                             
obligate the State.  He noted that an insurance company  as opposed                                                             
to the State would  be responsible were the aforementioned  airport                                                             
bonds defaulted upon.                                                                                                           
                                                                                                                                
Co-Chair Wilken  opined that while  language in the bill  specifies                                                             
that  the  State  would  not  be  obligated  for  these  bonds,  he                                                             
questioned  what  is  referred  by the  phrase  "other  monies"  as                                                             
referenced in Sec. 44.90.241 Nonliability  on Bonds. Subsection (b)                                                             
on page nine, lines 20-23 that reads as follows.                                                                                
                                                                                                                                
          (b) The bonds issued by the authority do not constitute                                                               
     an  indebtedness  or other  liability  of the  state  or of  a                                                             
     political subdivision  of the state other than  the authority,                                                             
     but  shall be  payable solely  from the  income, receipts,  or                                                             
     other money or property of the authority.                                                                                  
                                                                                                                                
Co-chair  Wilken  further  inquired   regarding  language  in  Sec.                                                             
44.90.221. Trust indentures and trust agreements. that provides for                                                             
the  establishment  of a  capital  reserve  fund. He  worried  that                                                             
because the  State would be "recognizing  the bridge and  the debt"                                                             
that the  "other  monies" specified  might be  the State's  "saving                                                             
account," and that  in future years, the State might  be allocating                                                             
"money  to pay  that debt  and/or the  operation of  a bridge  that                                                             
people aren't using."                                                                                                           
                                                                                                                                
Commissioner Barton replied that, "it is not the intent to obligate                                                             
the State."                                                                                                                     
                                                                                                                                
Co-Chair  Wilken  asked  whether  there are  other  State  programs                                                             
modeled in this fashion.                                                                                                        
                                                                                                                                
Commissioner  Barton responded  that  such programs  would  include                                                             
AHFC,  the  Alaska  Industrial  Development  and  Export  Authority                                                             
(AIDEA), some portions of the Alaska  Railroad Corporation, and the                                                             
Alaska Aerospace Development Corporation.                                                                                       
                                                                                                                                
Co-Chair  Wilken asked  whether any  of the  State's  international                                                             
airports have a similar authority.                                                                                              
                                                                                                                                
Commissioner Barton responded no.                                                                                               
                                                                                                                                
Co-Chair Wilken asked whether the Authority could be terminated and                                                             
its responsibilities  assumed by  the Department of  Transportation                                                             
and Public Facilities  once its financial obligations  are retired,                                                             
as  specified  in  Sec.  44.90.021.  Establishment   of  authority.                                                             
Subsection  (b) on  page two,  lines four  and five  that reads  as                                                             
follows.                                                                                                                        
                                                                                                                                
          (b) The authority may not be terminated as long as it has                                                             
     bonds, notes, or other obligations outstanding. Upon                                                                       
     termination of the authority, its rights and property pass to                                                              
     the state.                                                                                                                 
                                                                                                                                
Commissioner  Barton stated that  the toll revenues generated  from                                                             
the bridge would fund the operational costs of the bridge.                                                                      
                                                                                                                                
Co-Chair Wilken asked the role  of the Authority upon completion of                                                             
the  bridge,   specifically,  he   asked  why  the  Department   of                                                             
Transportation and Public Facilities  could not operate the bridge.                                                             
                                                                                                                                
Commissioner Barton stated that  the autonomy of the Authority must                                                             
be maintained  until the  bond obligation  is fulfilled or  another                                                             
mechanism of paying off the bonds is established.                                                                               
                                                                                                                                
Co-Chair  Wilken opined that  the three-person  Authority could  be                                                             
maintained;  however,  the  Department  could  oversee  the  bridge                                                             
operations.                                                                                                                     
                                                                                                                                
Commissioner Barton conveyed that this might be possible.                                                                       
                                                                                                                                
Senator Bunde pointed  out that the Department's fiscal  note could                                                             
be considered "seed money" as the  bridge's administrative expenses                                                             
would by paid by  toll revenue rather than by State  money once the                                                             
bridge was operational.                                                                                                         
                                                                                                                                
Senator Hoffman asked  whether other State boards include  Governor                                                             
appointees with no specific background or "ties" to the program.                                                                
                                                                                                                                
Commissioner  Barton  responded  that the  Governor  also  appoints                                                             
individuals to the Boards of the Alaska Railroad Corporation, AHFC,                                                             
and AIDEA.                                                                                                                      
                                                                                                                                
Senator Hoffman  expressed that he  would be sponsoring  amendments                                                             
that would  address  the composition  of the  Authority's Board  to                                                             
provide for  a higher level of  involvement by the Municipality  of                                                             
Anchorage and the  Mat-Su Borough as well as the inclusion  of non-                                                             
voting  State legislators,  one from  the Senate  and one from  the                                                             
House of Representatives, on the Board.                                                                                         
                                                                                                                                
Co-chair Wilken summarized that these issues would be addressed at                                                              
a follow-up meeting. He ordered the bill HELD in Committee.                                                                     

Document Name Date/Time Subjects