Legislature(2017 - 2018)SENATE FINANCE 532

02/13/2017 09:00 AM Senate FINANCE

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Audio Topic
09:04:23 AM Start
09:05:16 AM SB9 || SB9
09:48:48 AM SB14 || SB14
10:51:04 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 9 MILITARY FACILITY ZONES TELECONFERENCED
Heard & Held
+ SB 14 TRANSPORTATION NETWORK COMPANIES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 9                                                                                                             
                                                                                                                                
     "An Act relating to military facility zones."                                                                              
                                                                                                                                
9:05:16 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Bishop MOVED  to  ADOPT  the proposed  committee                                                                    
substitute  for  SB  9,   Work  Draft  30-LS0183\J  (Shutts,                                                                    
2/8/17). There being NO OBJECTION, it was so ordered.                                                                           
                                                                                                                                
CHAD  HUTCHINSON, STAFF,  SENATOR  JOHN COGHILL,  introduced                                                                    
the bill.                                                                                                                       
                                                                                                                                
9:06:15 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:08:02 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:09:00 AM                                                                                                                    
                                                                                                                                
Mr.   Hutchinson   discussed   the   PowerPoint,   Committee                                                                    
Substitute         for         Senate         Bill         9                                                                    
By        the         Senate        Finance        Committee                                                                    
(CSSB 9)(FIN) - "An Act  Related to Military Facility Zones;                                                                    
and Providing for an Effective Date" (copy on file).                                                                            
                                                                                                                                
Mr. Hutchinson highlighted slide  2, "CSSB 9(FIN) Focuses on                                                                    
Military Facility Zones":                                                                                                       
                                                                                                                                
   • Potentially important around the state.  Especially in                                                                     
     communities with a "military industry."                                                                                    
   • High degree of focus in Interior Alaska.                                                                                   
        • Eielson Air Force Base                                                                                                
        • Fort Wainwright                                                                                                       
        • Clear Air Force Station                                                                                               
        • Fort Greely                                                                                                           
        •                                                                                                                       
   • Military Facility Zones help foster surrounding                                                                            
     industry in the community.                                                                                                 
                                                                                                                                
Mr.   Hutchinson  addressed   slide  3,   "Planned  Military                                                                    
Construction  Projects in  the  Fairbanks  Area." The  slide                                                                    
represented  the  urgency and  the  context  of the  current                                                                    
situation.                                                                                                                      
                                                                                                                                
Mr. Hutchinson  looked at slide  4, "Eielson  F-35; Facility                                                                    
Plan."  The slide  was  a closer  look  at the  construction                                                                    
projects.                                                                                                                       
                                                                                                                                
9:13:39 AM                                                                                                                    
                                                                                                                                
Mr.  Hutchinson highlighted  slide 5,  "Reminder:   What Are                                                                    
Military Facility Zones?"                                                                                                       
                                                                                                                                
   • Designated areas                                                                                                           
   • Established by the Department of Military and                                                                              
     Veterans' Affairs (DMVA)                                                                                                   
   • Close to a military facility                                                                                               
   • Where industrial and economic development directly                                                                         
     enhance the facility's ability to fulfill its mission                                                                      
     (via public/private funding sources, credit, and                                                                           
     guarantee programs).                                                                                                       
   • Currently, DMVA considers a number of factors.  One                                                                        
     factor includes review of the comprehensive plan of                                                                        
     the local municipality/borough.                                                                                            
        • The problem?  Comprehensive plans take time.                                                                          
          Meanwhile the military construction window is                                                                         
          short.                                                                                                                
                                                                                                                                
9:16:22 AM                                                                                                                    
                                                                                                                                
Mr.  Hutchinson  looked  at  slide  6,  "Simple  Legislative                                                                    
Solution - Simple Fix":                                                                                                         
                                                                                                                                
   1. The main focus of CSSB 9(FIN) is to allow a military                                                                      
     facility zone to be implemented after consideration of                                                                     
     a local zoning ordinance.  The following was added:                                                                        
     "or local zoning ordinances;" in AS 26.30.020(c).                                                                          
   2. Relieves the burden of the local community doing a                                                                        
     time-consuming comprehensive plan.   The opportunity is                                                                    
     now.                                                                                                                       
9:17:14 AM                                                                                                                    
                                                                                                                                
Mr. Hutchinson highlighted slide 7, "Anything else?"                                                                            
                                                                                                                                
   • Yes.                                                                                                                       
   • On February 2, 2017 the Senate Community and Regional                                                                      
     Affairs  Committee  accepted  an amendment  brought  to                                                                    
     Senate  members  by  the  Department  of  Military  and                                                                    
     Veterans' Affairs  (DMVA).   The amendment  received no                                                                    
     objection.                                                                                                                 
   • The amendment added another layer of protection to the                                                                     
     DMVA against civil  liability.  It makes  it clear that                                                                    
     DMVA  cannot be  held liable  for civil  damages for  a                                                                    
     military   facility   zone    designation,   based   on                                                                    
     inaccurate  or incomplete  information provided  by the                                                                    
     municipality/borough.                                                                                                      
   • Also added that the legislation would be effective                                                                         
     immediately.                                                                                                               
                                                                                                                                
9:18:07 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon remarked that  the state already received                                                                    
military construction money. She  queried the purpose of the                                                                    
bill. Mr. Hutchinson  replied that the bill  allowed for the                                                                    
use of grants and loans at  low interest rates as it related                                                                    
to construction projects  around the military installations.                                                                    
He  stressed  that the  bill  affected  the businesses  that                                                                    
worked on  base, helped to  reduce their interest  rates. He                                                                    
stressed that the low  interest for residential construction                                                                    
projects would be beneficial to  many companies. He remarked                                                                    
that   the   legislation   also  helped   the   supplemental                                                                    
industries.                                                                                                                     
                                                                                                                                
Co-Chair MacKinnon requested a Sectional Analysis.                                                                              
                                                                                                                                
Senator Dunleavy  wondered what  the bill would  change, and                                                                    
queried the ramifications of its  passage such as its effect                                                                    
on  zoning. Mr.  Hutchinson replied  the bill  maximized the                                                                    
benefit for  construction entities that were  hoping to take                                                                    
advantage of low interest rates  for some of the anticipated                                                                    
construction projects around military installation.                                                                             
                                                                                                                                
Co-Chair  MacKinnon wondered  whether  there  were low  rate                                                                    
interest  rate  loans  currently   offered  by  the  federal                                                                    
government that required a  comprehensive plan approach. Mr.                                                                    
Hutchinson  responded   that  there   was  a   variance.  He                                                                    
explained  that each  state was  different, and  flexibility                                                                    
related to military facility zones.                                                                                             
                                                                                                                                
Senator von  Imhof wondered who  initiated the  process. Mr.                                                                    
Hutchinson replied that the process  began with the borough,                                                                    
and its  coordination with Lockheed Martin.  The application                                                                    
came  from  the  borough,  submitted to  the  Department  of                                                                    
Military  of Veterans  Affairs, and  upon approval  create a                                                                    
zone around  the military installation. The  companies could                                                                    
work  with  either Lockheed  Martin  or  the Air  Force  and                                                                    
submit  for grants  in ensuring  that  the military  mission                                                                    
moves forward.                                                                                                                  
                                                                                                                                
Senator von  Imhof surmised that the  borough designated the                                                                    
land  near  the  military  to  create  an  opportunity.  Mr.                                                                    
Hutchinson agreed.                                                                                                              
                                                                                                                                
9:23:32 AM                                                                                                                    
                                                                                                                                
Senator Micciche  stated that  the bill  created flexibility                                                                    
within the process. Mr. Hutchinson agreed.                                                                                      
                                                                                                                                
Co-Chair MacKinnon wondered whether  there was a possibility                                                                    
that the plan could be used  in reverse. She shared that the                                                                    
state   lobbied  the   federal   government   to  ensure   a                                                                    
comprehensive  analysis   on  economic  impact   should  the                                                                    
federal government  close military facilities.  She wondered                                                                    
whether  the   legislation  would  allow  for   the  federal                                                                    
government to go  through the local government  for the same                                                                    
result. Mr. Hutchinson asked for  more information about the                                                                    
question.                                                                                                                       
                                                                                                                                
Co-Chair MacKinnon  wondered whether the bill  allowed for a                                                                    
bypass of the federal  government to examine economic impact                                                                    
when considering military  facility closures. Mr. Hutchinson                                                                    
felt that  that the  bill would allow  for a  strong synergy                                                                    
between  all  the  governments  to  support  the  underlying                                                                    
military mission.                                                                                                               
                                                                                                                                
Co-Chair Hoffman  wondered how the legislation  would affect                                                                    
construction  companies outside  of the  military zone.  Mr.                                                                    
Hutchinson replied that any company  could take advantage of                                                                    
the program, if it directly affected the military mission.                                                                      
                                                                                                                                
Co-Chair  Hoffman surmised  that  the  companies within  the                                                                    
zone  would have  a better  financial position  versus those                                                                    
outside  of   the  zone.  Mr.  Hutchinson   replied  in  the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon queried the  difference the original bill                                                                    
and  the   committee  substitute.   She  also   requested  a                                                                    
sectional analysis.                                                                                                             
                                                                                                                                
9:27:54 AM                                                                                                                    
                                                                                                                                
Mr.  Hutchinson discussed  the Sectional  Analysis (copy  on                                                                    
file):                                                                                                                          
                                                                                                                                
     Section 1: Simply adds the words "or local zoning                                                                          
     ordinances" to Alaska Statute 26.30.020(c)(1).                                                                             
                                                                                                                                
          If   added,  the   Department   of  Military   and                                                                    
          Veterans'    Affairs    (DMVA)    has    increased                                                                    
          flexibility when  considering a  proposed military                                                                    
          facility  zone. The  zone can  be consistent  with                                                                    
          the   local   zoning   ordinance  or   the   local                                                                    
          comprehensive plan.                                                                                                   
                                                                                                                                
     Section  2:  This section  was  proposed  by DMVA.  The                                                                    
     language ensures  that the department will  not be held                                                                    
     civilly   liable   for   a   military   facility   zone                                                                    
     designation   based   on   inaccurate   or   incomplete                                                                    
     information provided by a municipality/borough.                                                                            
                                                                                                                                
     Section 3: Clarifies that this legislation is                                                                              
     effective immediately                                                                                                      
                                                                                                                                
Vice-Chair Bishop felt that the  bill helped to meet the Air                                                                    
Force  mission. He  remarked that  the Air  Force hoped  for                                                                    
more activity related businesses for their service members.                                                                     
                                                                                                                                
9:30:15 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:30:48 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:31:16 AM                                                                                                                    
                                                                                                                                
COLONEL  ROBERT DOEHL,  DEPUTY  COMMISSIONER, DEPARTMENT  OF                                                                    
MILITARY  AND VETERANS  AFFAIRS (via  teleconference), spoke                                                                    
in support of the bill.                                                                                                         
                                                                                                                                
Co-Chair MacKinnon requested Mr. Doehl's written testimony.                                                                     
                                                                                                                                
9:36:50 AM                                                                                                                    
                                                                                                                                
JIM  DODSON,   PRESIDENT,  FAIRBANKS   ECONOMIC  DEVELOPMENT                                                                    
CORPORATION,  FAIRBANKS (via  teleconference), testified  in                                                                    
support of the legislation.                                                                                                     
                                                                                                                                
JEFF  STEPP, STAFF,  MAYOR'S  OFFICE,  FAIRBANKS NORTH  STAR                                                                    
BOROUGH,  FAIRBANKS (via  teleconference), spoke  in support                                                                    
of the bill.                                                                                                                    
                                                                                                                                
CHRISTINE   NELSON,   DIRECTOR,  DEPARTMENT   OF   COMMUNITY                                                                    
PLANNING,  FAIRBANKS  NORTH  STAR  BOROUGH,  FAIRBANKS  (via                                                                    
teleconference),  spoked   in  support  of  the   bill.  She                                                                    
explained the purpose of the bill.                                                                                              
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
9:43:09 AM                                                                                                                    
                                                                                                                                
Vice-Chair Bishop discussed the fiscal note.                                                                                    
                                                                                                                                
Senator   Dunleavy  queried   the  difference   between  the                                                                    
military legislation  passed in a previous  legislature. Mr.                                                                    
Hutchinson  explained  that  the  previous  legislation  was                                                                    
unworkable because the comprehensive  plans took to long. He                                                                    
stated  that  the  bill  would  ensure  the  same  objective                                                                    
through a zoning ordinance.                                                                                                     
                                                                                                                                
Senator  Dunleavy  that  the   different  between  the  2012                                                                    
legislation and the current bill,  was that it expedited the                                                                    
process. Mr. Hutchinson agreed.                                                                                                 
                                                                                                                                
SB  9   was  HEARD  and   HELD  in  committee   for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:46:19 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:48:21 AM                                                                                                                    
RECONVENED