Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/09/2013 05:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 175 ELECTRONIC POSTING OF INSURANCE POLICIES TELECONFERENCED
Moved CSHB 175(L&C) Out of Committee
-- Public Testimony --
+= HB 168 TRAVEL INSURANCE TELECONFERENCED
Moved CSHB 168(L&C) Out of Committee
-- Public Testimony --
+= SB 79 SPORT FISHING GUIDING SERVICES TELECONFERENCED
<Bill Hearing Canceled>
+= HB 50 MULTI-UNIT HOUSING: COMMERCIAL USE TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 125 TOPICAL EYE MEDS PRESCRIPTION REFILLS TELECONFERENCED
Heard & Held
-- Public Testimony --
Bills Previously Heard/Scheduled
           HB  50-MULTI-UNIT HOUSING: COMMERCIAL USE                                                                        
                                                                                                                                
5:37:56 PM                                                                                                                    
CHAIR  DUNLEAVY announced  the consideration  of HB  50. "An  Act                                                               
authorizing  the  Alaska  Housing Finance  Corporation  to  allow                                                               
certain  commercial  uses  in a  multi-unit  residential  housing                                                               
development  owned or  financed by  the corporation  and limiting                                                               
the  Alcoholic  Beverage  Control  Board's  issuance  of  certain                                                               
licenses to premises in the  residential housing development." He                                                               
noted that CSHB 50(FIN) was before the committee.                                                                               
                                                                                                                                
5:38:29 PM                                                                                                                    
JOSHUA WALTON, Staff, Representative  Mia Costello, sponsor of HB
50, introduced  the bill on  behalf of the sponsor.  He explained                                                               
that HB 50  allows the Alaska Housing  Finance Corporation (AHFC)                                                               
to  authorize   certain  commercial  enterprises   in  multi-unit                                                               
residential housing developments that it  owns or leases. This is                                                               
in  line  with a  national  trend  to  develop more  diverse  and                                                               
vibrant  neighborhoods. Giving  AHFC this  power will  allow more                                                               
efficient use of  land and help AHFC to contribute  to the growth                                                               
of residences  and housing properties and  to increase commercial                                                               
leasing space.  This will benefit families  and small businesses,                                                               
in particular.                                                                                                                  
                                                                                                                                
The bill  specifically excludes certain types  of businesses such                                                               
as adult  entertainment; the sale of  alcoholic beverages, unless                                                               
it occurs with a restaurant;  substance abuse treatment programs;                                                               
and  businesses   that  primarily  sell  tobacco   and  cigarette                                                               
products, although  incidental sales of tobacco  at a supermarket                                                               
would be allowed.  He offered to answer questions  and noted that                                                               
Ms. Shubert from AHFC was available to speak to the bill.                                                                       
                                                                                                                                
5:40:40 PM                                                                                                                    
STACY  SHUBERT,  Director,   Governmental  Relations  and  Public                                                               
Affairs,  Alaska Housing  Finance Corporation  (AHFC), introduced                                                               
herself.                                                                                                                        
                                                                                                                                
CHAIR DUNLEAVY summarized that the idea  is to offset the cost of                                                               
housing by expanding  AHFC's authority to rent  or lease property                                                               
for combined uses.                                                                                                              
                                                                                                                                
MS. SHUBERT said that is correct.                                                                                               
                                                                                                                                
CHAIR  DUNLEAVY asked  if  the  concept of  an  open  flame in  a                                                               
restaurant would present  a problem if residential  units were in                                                               
the same building.                                                                                                              
                                                                                                                                
MS. SHUBERT  said the AHFC  board wouldn't  approve a loan  if it                                                               
felt the tenants would be at risk.                                                                                              
                                                                                                                                
SENATOR  OLSON  discussed finite  resources  and  asked how  this                                                               
would affect multi-unit housing.                                                                                                
                                                                                                                                
MS. SHUBERT said that AHFC  feels that financing projects of this                                                               
type  are beneficial  to  developers,  to financial  institutions                                                               
that  might offer  loans and  sell them  to AHFC,  and to  AHFC's                                                               
portfolio.  In particular,  this will  save money  for developers                                                               
because revenues from the commercial  space could help offset the                                                               
costs of the residential space.                                                                                                 
                                                                                                                                
SENATOR OLSON asked how this  would affect the dividend that AHFC                                                               
pays the State of Alaska which goes into the general fund.                                                                      
                                                                                                                                
MS. SHUBERT explained  that AHFC is finding it  more difficult to                                                               
compete with interest rates in  the home mortgage market and sees                                                               
this  as  an  opportunity  to   help  increase  revenues  in  its                                                               
portfolio.  Responding  to  skepticism from  Senator  Olson,  she                                                               
pointed out  that AHFC's mission  is to provide more  housing for                                                               
more Alaskans,  and this helps  achieve that goal. AHFC  is proud                                                               
of its track  record of paying almost $2 billion  in dividends to                                                               
the state, and desires to continue.                                                                                             
                                                                                                                                
SENATOR OLSON relayed  that the members of  the Finance Committee                                                               
appreciate AHFC and its leadership over a number of years.                                                                      
                                                                                                                                
5:44:32 PM                                                                                                                    
SENATOR  MICCICHE  asked  the   definition  of  "commercial"  and                                                               
questioned  whether  the  bill   should  also  address  municipal                                                               
zoning.                                                                                                                         
                                                                                                                                
MS. SHUBERT said AHFC prefers  to leave local zoning decisions up                                                               
to the  communities. She reiterated  that AHFC will look  at each                                                               
project independently  consistent with  the local land  use rules                                                               
and regulations.                                                                                                                
                                                                                                                                
SENATOR  MICCICHE  summarized  that  AHFC  would  use  the  local                                                               
definition of commercial or limited commercial.                                                                                 
                                                                                                                                
MS. SHUBERT said yes.                                                                                                           
                                                                                                                                
5:45:50 PM                                                                                                                    
CHRISTOPHER  SCHULTE,  Executive   Director,  Anchorage  Downtown                                                               
Partnership (ADP),  reported that he  also served on  the project                                                               
management  team for  the 2007  Anchorage Downtown  Comprehensive                                                               
Plan, and  currently serves on  the kitchen cabinet of  Mayor Dan                                                               
Sullivan's  Homeless  Leadership Team.  He  described  AHFC as  a                                                               
vital partner  in development  of large-scale  housing statewide.                                                               
It will  allow AHFC to  finance or permit  commercial enterprises                                                               
in a  multi-unit residential housing development  in a beneficial                                                               
manner. This  is a sound  community planning principle  that will                                                               
result  in  better  uses  of   scarce  land.  Additionally,  this                                                               
legislation  will provide  an opportunity  for  AHFC to  generate                                                               
additional  revenue   and  provide  the   corporation  additional                                                               
resources  to   use  in   addressing  Alaska's   growing  housing                                                               
shortage.  Developers will  find  it easier  to build  affordable                                                               
housing  projects  throughout  the  state by  using  income  from                                                               
commercial space to offset rent reductions in the housing units.                                                                
                                                                                                                                
MR.  SCHULTE said  APD  also supports  the  limits that  prohibit                                                               
certain commercial uses  and the flexibility to  allow a business                                                               
enterprise  such  as  a  restaurant   that  is  licensed  by  the                                                               
Alcoholic Beverage  Control (ABC)  Board. The bill  empowers AHFC                                                               
to play a  more active role in development  projects that conform                                                               
to local planning policies and  guidelines. He described how this                                                               
legislation   would    help   multi-unit    residential   housing                                                               
development in Anchorage.                                                                                                       
                                                                                                                                
CHAIR DUNLEAVY noted that public testimony was open.                                                                            
                                                                                                                                
5:49:40 PM                                                                                                                    
SENATOR  MICCICHE asked  if there  was precedence  for a  housing                                                               
authority lending  or leasing  for mixed use,  and if  this would                                                               
increase liability for AHFC.                                                                                                    
                                                                                                                                
MS. SHUBERT said she wasn't  aware of any other housing authority                                                               
that  offers this,  but there  is a  nationwide trend  to provide                                                               
this kind of mixed use development.                                                                                             
                                                                                                                                
SENATOR MICCICHE  asked if AHFC  would need  additional liability                                                               
protections with mixed use.                                                                                                     
                                                                                                                                
MS.  SHUBERT  said  AHFC  is comfortable  with  the  language  as                                                               
drafted and  the review that the  AHFC Board does with  all loans                                                               
that come  into the  portfolio. She  noted that  the multi-family                                                               
loan portfolio has traditionally performed very well.                                                                           
                                                                                                                                
CHAIR  DUNLEAVY observed  that multiple  use doesn't  necessarily                                                               
increase insurance issues.                                                                                                      
                                                                                                                                
CHAIR DUNLEAVY stated  that he would hold HB 50  in committee and                                                               
keep public testimony open.                                                                                                     

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