Legislature(2003 - 2004)

05/15/2003 08:45 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE BILL NO. 215(STA)                                                                                            
     "An  Act  relating  to  a  lease-purchase  agreement  for,  the                                                            
     construction  and equipping of, and the financing  of a seafood                                                            
     and  food safety  laboratory  facility  to be  operated by  the                                                            
     Department   of  Environmental   Conservation,  including   the                                                            
     issuance  of  certificates  of participation,  and  the use  of                                                            
     certain   investment  income   for  certain  construction   and                                                            
      equipping costs; 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 bill,  sponsored  by the  Senate                                                            
Rules Committee at the  request of the Governor "authorizes the sale                                                            
of $14,145,000  in certificates of  participation for the  financing                                                            
of  construction  of a  new  seafood and  food  safety  lab for  the                                                            
Department of Environmental Conservation."                                                                                      
                                                                                                                                
ERNESTA   BALLARD,   Commissioner,   Department   of  Environmental                                                             
Conservation, read testimony into the record as follows.                                                                        
                                                                                                                                
     Thank  you  for  the  opportunity  to  testify  today.  SB  215                                                            
     provides  the  funding mechanism  for  a new  Seafood and  Food                                                            
     Safety  Laboratory.  This  expense  has  been included  in  the                                                            
     capital budget.                                                                                                            
                                                                                                                                
     As Commissioner  of the department  responsible for  protecting                                                            
     the  environment  and  human  health,  I  can  testify  to  the                                                            
     importance  of this lab. In our seafood and food  safety lab we                                                            
     analyze  raw,  finished  and  value-added   food  products  for                                                            
     bacteria,  chemicals,   and toxic  contaminants.   We  maintain                                                            
     capabilities  and FDA certifications that private  labs cannot.                                                            
     We operate  on schedules  that are not  available from  private                                                            
     labs  and can assume  the greater liability  needed to  perform                                                            
     analysis  for paralytic shellfish poisoning.  We cooperate with                                                            
     emerging  industry, such  as the growing  dive fisheries  to be                                                            
     sure time-critical  water and raw product analysis is available                                                            
     and market  commitments are met. We are qualified  to train and                                                            
     certify  private labs so that  they can operate in established                                                             
     and high-demand testing markets.                                                                                           
                                                                                                                                
     DEC  has  leased  a  facility  in Palmer  for  34  years.  This                                                            
     facility  will not be available  after 2006. It is overcrowded                                                             
     and  not  fully compliant  with  safety  codes  and  laboratory                                                            
     design standards.  It was originally placed in  Palmer when the                                                            
     principal lab business  was agriculture and dairy. The emerging                                                            
     value  added seafood  industries in coastal  Alaska have  added                                                            
     significant   and  time-sensitive   testing  demands   for  our                                                            
     service.  Our  proposed  new lab  will  be in  Anchorage  where                                                            
     valuable  hours  can be  saved  between sample  collection  and                                                            
     testing for raw and live seafood products.                                                                                 
                                                                                                                                
     Our laboratory  functions are  essential to protect  the health                                                            
     of  all Alaskans.  The  Governor,  past legislatures,  and  the                                                            
     Commissioners  of  Revenue, Department  of  Transportation  and                                                            
     Public   Facilities   and   DEC  have   reviewed   the   design                                                            
     specifications,  equipment  requirements  and  expense of  this                                                            
     lab.   We  considered  alternative   locations  and   financing                                                            
     mechanisms  for a modern facility  sized and equipped  for long                                                            
     term   service  to  the  state.   Specifically,  we   carefully                                                            
     considered  the possibility of  locating in remodeled  space at                                                            
     the ASI  facility in Anchorage.  Our requirements would  occupy                                                            
     approximately 5% of that space.                                                                                            
                                                                                                                                
     The  process of  acquiring a  new seafood and  food safety  lab                                                            
     began seven years  ago with a feasibility study. We received an                                                            
     appropriation of $150,000,  to obtain an independent evaluation                                                            
     of both build and  lease options. This analysis showed that the                                                            
     most  economical choice  is a state  owned laboratory  financed                                                            
     with   lease/purchase    bonds   known   as   Certificates   of                                                            
     Participation. The  legislature agreed and in 2001 appropriated                                                            
     $1,300,000 to design  this facility. This is a conservative and                                                            
     cost conscious proposal.  The building contains only laboratory                                                            
     and lab  support space: meeting  and classroom facilities  will                                                            
     be available  in the adjacent  public health lab. The  building                                                            
     materials  were selected  for low and  simple maintenance.  The                                                            
     design and materials  are similar to the public health lab that                                                            
     was built several years ago on schedule and within budget.                                                                 
                                                                                                                                
     We are reviewing  the fees the laboratory charges  for services                                                            
     and are  comparing them to other  states' fees. It is  clear we                                                            
     can,  and  should  charge  more. We  will  begin  drafting  the                                                            
     necessary regulations this summer.                                                                                         
                                                                                                                                
Senator Taylor  spoke to earlier concerns he had about  the need for                                                            
a similar laboratory  located in Southeastern  Alaska, specifically                                                             
to  support   the  dive  fisheries   and  seafood  and  mariculture                                                             
industries. He supported  this proposal and applauded the efforts of                                                            
the commissioner.                                                                                                               
                                                                                                                                
Senator Taylor  offered a motion to  report the bill from  Committee                                                            
with individual recommendations and accompanying fiscal notes.                                                                  
                                                                                                                                
Co-Chair Wilken objected for the purpose of a question.                                                                         
                                                                                                                                
Co-Chair Wilken asked the location of the proposed laboratory.                                                                  
                                                                                                                                
Commissioner  Ballard  replied  it  would  be located  next  to  the                                                            
recently constructed  public health  laboratory, which has  adequate                                                            
meeting, training  and other common spaces. She stated  the proposed                                                            
facility would  occupy the "minimal footprint" necessary  to perform                                                            
laboratory functions,  as other functions could be  conducted in the                                                            
public health laboratory facility.                                                                                              
                                                                                                                                
TOM BOUTIN,  Deputy Commissioner,  Department of Revenue,  testified                                                            
that the  State has  utilized this  lease financing  mechanism  many                                                            
times in the past and is a "well understood credit".                                                                            
                                                                                                                                
Co-Chair Wilken  removed his objection  and SB 215 (STA)  MOVED from                                                            
Committee  with   zero  fiscal  note  #2  from  the  Department   of                                                            
Environmental Conservation  and fiscal note #3 for $200,000 from the                                                            
Department of Revenue.                                                                                                          
                                                                                                                                

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