Legislature(1997 - 1998)

04/28/1998 01:35 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
    CSHB 386(FIN) - RE AK INDUS. DEVELOP & EXPORT AUTHORITY                    
                                                                               
SENATOR GREEN moved to adopt SCSCSHB 386(TRA) as the working                   
document before the committee.  There being no objection, the                  
motion carried.                                                                
                                                                               
LYDIA JONES, Senate Transportation Committee Aide, explained the               
committee substitute as follows.  HB 386 was introduced to extend              
the life of the Alaska Industrial Development and Export Authority             
(AIDEA) which is scheduled to sunset this year.  The Senate                    
Transportation Committee substitute extends AIDEA's bonding                    
authority to July 1, 2000.  A number of projects for which                     
legislative approval is requested are contained in the bill.  Among            
those are the Red Dog Mine and the port at the City of Nome.  The              
committee substitute added the issuance of bonds to finance the                
improvement and modification of existing facilities at the                     
Anchorage International Airport in the amount of $179 million;                 
bonds in the amount of $70 million to finance the design and                   
construction of a port at Pt. MacKenzie to be owned by Authority;              
issuance of bonds not to exceed $70 million to develop a railroad              
right-of-way and utility corridor to gain northern access to Denali            
National Park; issuance of bonds to finance improvement and                    
expansion of the port facilities at the City of Seward for $20                 
million; and bonds to finance the construction and improvement of              
the Hatcher Pass Ski Resort, phase one, located in the Mat-Su                  
Borough, not to exceed $15 million; and Section 25 provides                    
detailed information about the right-of-way for the railroad and               
utility corridor.                                                              
                                                                               
CHAIRMAN WARD asked about the expiration date.                                 
                                                                               
MS. JONES answered the expiration date of AIDEA's bonding authority            
was amended to the year 2000 because, while AIDEA has an excellent             
track record with its projects, the Legislature would like to have             
oversight of those projects and be informed of how they are                    
proceeding.                                                                    
                                                                               
SENATOR LINCOLN asked Ms. Jones to expand on Section 25 in relation            
to Kantishna Holdings, Inc.                                                    
                                                                               
MS. JONES noted that Mr. Joe Fields of Kantishna, Inc. was                     
participating via teleconference.  She explained Kantishna, Inc. is            
developing a project to gain northern access to Denali National                
Park.                                                                          
                                                                               
SENATOR LINCOLN asked Mr. Fields to describe the area referred to              
in the bill and how vast that area is.                                         
                                                                               
MR. FIELDS replied this land extends into Denali National Park to              
the West of Healy.  The description in the bill is a portion of the            
townships in that area which contain the most likely final right-              
of-way for the Denali railway system.                                          
                                                                               
SENATOR LINCOLN asked Mr. Fields how many miles this area will                 
extend.                                                                        
                                                                               
MR. FIELDS answered the area will extend, from the Alaska Railroad,            
about 20 miles to the West, to the eastern boundary of Denali                  
National Park.                                                                 
                                                                               
SENATOR LINCOLN asked who is involved in Kantishna Holdings, Inc.              
                                                                               
MR. FIELDS replied Kantishna Holdings, Inc. is an Alaskan                      
corporation that has proposed the development of the Denali Railway            
System.  It currently holds an access permit across some of the                
lands in this area, and it has made a petition to the Secretary of             
the Interior for the balance of a right-of-way to the Kantishna-               
Wonder Lake area.                                                              
                                                                               
SENATOR LINCOLN asked who the board members are.                               
                                                                               
MR. FIELDS stated the Kantishna Holdings, Inc. board is comprised              
of Ken Murray, Jr. from Fairbanks, Lawrence Irving, Jack Williams,             
and himself.                                                                   
                                                                               
SENATOR LINCOLN asked if those four are the principal owners of                
Kantishna Holdings, Inc.                                                       
                                                                               
MR. FIELDS said they are.                                                      
                                                                               
KEITH LAUFER, Financial and Legal Affairs Manager of AIDEA, made               
the following comments.  AIDEA supports HB 386, which will extend              
AIDEA's funding authority and create new facilities and jobs and               
help diversify Alaska's economy.  AIDEA provided the committee with            
a detailed sectional analysis of the Finance Committee version of              
the bill.  The bill contains four major components.  The first                 
extends AIDEA's bonding authority, which would otherwise sunset                
July 1, 1998.  If AIDEA's authority was to sunset, AIDEA would be              
prevented from issuing development bonds under $10 million and from            
issuing conduit bonds.  Bonds in the amount of over $10 million                
always require legislative approval.  Conduit bonds can be issued              
without any credit implication to the state or to AIDEA but allow              
for tax exempt financing of qualified projects.  Again, AIDEA will             
be required to get legislative authorization of projects over $10              
million.                                                                       
                                                                               
MR. LAUFER continued.  The second major aspect of the bill is that             
it merges AIDEA's export guarantee program and its business                    
assistance guarantee program.  The ten year old export assistance              
program has never been used.  AIDEA commissioned a study to find               
out why that was the case and found that while exporting businesses            
are supported by other AIDEA programs, this program was not                    
effective because it was designed after other states' programs that            
have strong manufacturing bases and it had some requirements that              
did not work well.  For example, it had a 25 percent value-added               
component in Alaska which prevented the use of the program for                 
trans-shipment or other types of exports that are common.  The bill            
modifies the export program and merges it into the business                    
assistance program which has worked fairly well.  The program will             
cover services, not just manufacturing, and it covers distributors             
and trading companies.  It only requires export insurance at                   
AIDEA's discretion.  Currently export insurance is required for all            
transactions regardless of location.                                           
                                                                               
MR. LAUFER explained the third aspect of the bill is the                       
confidentiality provision.  AIDEA has no such provision right now.             
AIDEA is subject to the general rules under the Public Records Act             
which require AIDEA to release documents under the terms of the                
Act.  The default is that all records are public records; there is             
no exception for records submitted by applicants such as tax                   
returns, business plans and the like.  Instead, AIDEA must apply a             
Supreme Court test that requires it to balance the public's right              
to know versus the privacy interest of the applicant.                          
                                                                               
SENATOR GREEN asked where that language is contained in the bill.              
                                                                               
MR. LAUFER stated it is in Section 8 of the bill.  He stated the               
current bill contains a provision that specifies categories of                 
documents,  that if confidential when submitted to AIDEA, could be             
kept confidential at the applicant's request.  The Legislature and             
the Legislative Budget and Audit Division would always have access             
to all information.  The last aspect of the bill pertains to                   
project authorizations.  The Finance Committee's version of the                
bill contained two project authorizations; one for an expansion and            
modification of the port at the Red Dog Mine (the DeLong Mountain              
Transportation System) to provide a direct float-out facility.  At             
present, Cominco Alaska uses barges to lighter concentrates out to             
ocean going vessels.  The proposed project would extend the                    
existing pier about one-half mile, and provide for dredging so that            
ocean-going vessels could be directly loaded.  The project is very             
significant and will lower the costs of Cominco's operation thereby            
making Cominco's operation more secure in the state's investment.              
The project also has ancillary environmental benefits in that the              
concentrate will not have to be handled as often.  That project is             
in a very preliminary stage.  AIDEA believes the project to be a               
very good one.  AIDEA is concerned about its concentration of debt             
in one particular project; AIDEA has over $200 million currently               
invested in the facilities at the port.  This additional $80                   
million is a significant portion of AIDEA's $1.3 billion in assets.            
At present, AIDEA believes this project will be structured as a                
revenue financing, non-recourse to the Authority, based solely on              
Cominco's credit.  That method will alleviate much of AIDEA's                  
concentration concern as well as the rating agencies' and bond                 
insurers' concerns.                                                            
                                                                               
MR. LAUFER informed committee members the second project included              
in the House Finance Committee version of HB 386 is an expansion               
and modification project for the port at the City of Nome which                
provides for a new entrance channel to the harbor for safety and               
other reasons.  That $30 million project is in a preliminary stage.            
It appears that $26 million could be funded through Army Corps of              
Engineer funds, so a substantial portion of AIDEA's involvement in             
this project would be short term.  Again, there are a lot of due               
diligence and statutory requirements AIDEA would have to meet                  
before it would invest in this project, but it looks promising at              
this stage.                                                                    
                                                                               
SENATOR HALFORD stated he believes the Legislature should have                 
access to most of the confidential information if it is to be                  
effective in its oversight capacity.   He noted trade secrets and              
income tax returns of individuals are far different than business              
plans, credit reports, and other things the Legislature will need              
to have.                                                                       
                                                                               
MR. LAUFER responded AIDEA has been advised that the Legislature               
will continue to have access to all information.                               
                                                                               
SENATOR HALFORD stated the Legislative Budget and Audit Division               
will have such access, the Legislature will not.  He stated                    
legislators who are willing to keep the information confidential               
should have access.                                                            
                                                                               
CHAIRMAN WARD suggested Mr. LAUFER verify that the Legislature will            
have access with the Attorney General's Office.                                
                                                                               
SENATOR LINCOLN asked for clarification about the additional amount            
to be invested in the Red Dog Mine.                                            
                                                                               
MR. LAUFER replied $80 million.  The investment to date is about               
$230 million.                                                                  
                                                                               
SENATOR LINCOLN asked Mr. LAUFER if he had the opportunity to read             
the Senate Transportation Committee substitute prior to the                    
meeting.                                                                       
                                                                               
MR. LAUFER said he read it in the last few minutes.                            
                                                                               
SENATOR LINCOLN asked Mr. LAUFER if he had any comments he wanted              
to share on the version.                                                       
                                                                               
MR. LAUFER stated he does not know what a lot of the projects are              
about so it is difficult for him to comment on them.  He noted that            
typically, AIDEA has waited for projects to be further advanced                
before it got project authorization, because when AIDEA goes out               
into the bond financing market, that market treats all                         
authorizations as though the bonds will be issued.  When they look             
at AIDEA's finances, they will figure AIDEA will issue all of the              
bonds regardless of the stage of the project which will cause some             
difficulty.                                                                    
                                                                               
CHAIRMAN WARD asked if AIDEA has a mechanism in place to ensure                
that the public's interest is protected in the process.                        
                                                                               
MR. LAUFER replied AIDEA would have to meet a number of statutory              
requirements before it could invest in any of these projects.  He              
clarified he was addressing the financing concerns AIDEA may                   
experience when it goes to the financing markets.                              
                                                                               
CHAIRMAN WARD said he would hope AIDEA would take a prudent man                
rule and protect Alaska's interests.                                           
                                                                               
ROGER HEAD, principal of the Hatcher Pass Development Corporation,             
gave the following testimony in support of HB 386.  The Hatcher                
Pass development project has been seriously considered for about 15            
years, and AIDEA has reviewed previous proposals for the project.              
Both the Department of Natural Resources (DNR) and the Matanuska-              
Susitna Borough have put a high priority on this project.  The Mat-            
Su Borough believes that in the near term, Hatcher Pass is one of              
the major economic development projects available to the borough.              
DNR believes this project is part of an overall winter and summer              
tourism plan.  Previous proposals for the Hatcher Pass project were            
fairly grandiose in scale, and never reached fruition.  DNR                    
requested a proposal for a new lease in 1994.  The proposed                    
development that occurred as the result of that lease was a project            
estimated to cost about $25 million.  Hatcher Pass Development                 
Corporation, the Mat-Su Borough, and AIDEA reviewed the economic               
feasibility of that particular project and concluded that although             
the project offered great opportunities for both the state and the             
Mat-Su Borough, its size was too large to be feasible.  The lease              
was sold about 1+ years ago to Davis Constructors.  Davis                      
Constructors undertook a study to determine how the project could              
be changed to meet the objective of the Mat-Su Borough and the                 
State, which was to create a four season resort.  The project plan             
was also pared down so that the first phase was financially                    
feasible.  That work has been ongoing for the past year, and a                 
proposal was submitted to the National Bank of Alaska as the direct            
contact to use AIDEA's guarantee for financing.  At the beginning              
of this year, NBA indicated that the debt-equity ratio of 90:10 did            
not provide the security it required.  NBA recommended a debt                  
equity ratio in the neighborhood of 25 to 30 percent.  Since that              
time, four milestones have occurred.  The first is that DOTPF made             
the Hatcher Pass road improvement project one of its highest                   
priorities after the Mat-Su Borough contributed some funds to that             
project.  That road is an integral part of the project's                       
infrastructure.  The Matanuska-Susitna Electric Association found              
a way to reduce the cost, from $2 million to $.5 million, for                  
providing electricity to the project by using an overhead line and             
decided to participate and contribute to the project with its                  
development fund.  Third, the Mat-Su Borough reached an agreement              
with DNR whereby it will take over the lease property.  The lease              
funds will be injected by the Mat-Su Borough into the initial                  
development phase of the project.  Fourth, DNR is planning to                  
privatize Independence Mine.  The recent contributions are                     
narrowing the gap to where the Hatcher Pass Development Company                
believes it is very close to meeting the ratio requirement.  It                
believes undertaking financing with AIDEA is logical.  Ski areas               
tend to be a little bit more difficult to finance than other                   
developments.                                                                  
                                                                               
MR. KYLE RANDISH, Vice President of the Hatcher Pass Development               
Company, described the project for committee members with the use              
of charts.  When Hatcher Pass Development Company bought out the               
project, its goal was to down scale the project to make it                     
economically feasible.  It is proposing a four-phase development               
plan.  The first phase will be the development of a ski area.  The             
second phase will include infrastructure development for the ski               
area and to support the village.  The third phase is the village               
concept and the fourth phase will include more mountain                        
improvements.  The ski area will have two detachable chair quad                
lifts, a base facility, lighting on the mountain, and a snow making            
system at the lower elevations.  The goal of phase one is to                   
establish a skier experience equivalent to what is available in the            
market in an economically feasible manner. The chair lifts are                 
state-of-the-art.   During the second phase, power, gas, water, and            
other developments will take place to accommodate the village                  
scheme.  The village concept will be a four seasons resort                     
destination spot.  The complex will offer some small hotels, small             
retail stores, a convention center, a golf course, and some                    
residential development.  As the village concept is developed, more            
skier business should develop and the ski area size should                     
increase.                                                                      
                                                                               
SENATOR WILKEN thanked Mr. Head and Randish for attending the                  
meeting.                                                                       
                                                                               
PAUL FUHS, port consultant for the Port of Nome, described the Nome            
port project through the use of illustrations.  The existing port              
was built in 1917 by the U.S. Army Corps of Engineers.  The 75 foot            
jetty is too small for the equipment coming in to the port.                    
Because of the Community Development Quota Program, the number of              
fishing boats coming into Nome has increased.  Over the last ten               
years, ten people died trying to come in and out of the port                   
because of dangerous wave breaks in one spot.  The causeway was                
built during oil field development in Norton Sound, but was shut               
down due to litigation.  It contains cargo areas, but those areas              
are exposed to rough weather.  Nome is a trans-shipment port: it               
serves 23 villages in the area.   Senator Stevens and his staff met            
with the U.S. Army Corps of Engineers and negotiated an 18 month               
time frame to complete the project.  A new breakwater and channel              
entrance will be the main navigation features that improve the                 
safety and usability of the port.  The Port of Nome prefers AIDEA              
financing because if the Corps of Engineers and the federal                    
government do the procurement, it will take two years to get the               
project out to bid.  Using AIDEA (Section 204E) financing will save            
an entire construction season.  Also, if the federal government                
finances the project, the project would have to be done in one bid.            
By using AIDEA financing, the movement of the rock from Cape Nome,             
dredging, and other projects, can be completed using local                     
contractors.  With AIDEA financing, in the first year, 80 percent              
will be paid back to AIDEA and the community will take the rest of             
the debt ($5-6 million) as long term debt through AIDEA and pay                
that off with port revenues.                                                   
                                                                               
SENATOR HALFORD asked if the Corps of Engineers has the money                  
appropriated to do the project.                                                
                                                                               
MR. FUHS said that it does.                                                    
                                                                               
SENATOR HALFORD asked if the Corps of Engineers will pay AIDEA                 
back.                                                                          
                                                                               
MR. FUHS said it will pay AIDEA back 80 percent of the money as                
soon as it has certified that the project is complete.  The project            
is based on an 80-20 share; the local government has to come up                
with 20 percent of the money.  AIDEA will be reimbursed for roughly            
$20 million in the first year when the project is complete, and $6             
million will be financed long term.                                            
                                                                               
SENATOR HALFORD asked how $20 million will amount to 80 percent of             
the project's total cost of $30 million.                                       
                                                                               
MR.  FUHS said the total cost is estimated at $26 million but the              
figure is not exact yet.  The community might want to extend the               
seawall to protect the front end of the spit.  The dredged material            
will be used to fill in the jetty to make it usable property.                  
                                                                               
SENATOR WILKEN asked about the purple area of the chart.                       
                                                                               
MR. FUHS explained the purple notations are the bathometric                    
markings which show the surveys of the elevations in the area to               
ensure that the project will stand up to rough weather.  The                   
community spent $550,000 on a feasibility study to which the                   
federal government contributed a like amount.  $250,000 of that                
amount was spent on modeling the port in a wave tank against the               
conditions of the 1974 storm in Nome.                                          
                                                                               
MR. FUHS stated the Community Development Quota Program contributed            
$550,000 and the community put in the rest.  The only state money              
in the project is from a $200,000 community development block                  
grant.                                                                         
                                                                               
SENATOR HALFORD asked what the tide level is in that area.                     
                                                                               
MR. FUHS stated the tide is only about a meter; two at the maximum,            
but there is hold back from the storms because the area is so                  
shallow.                                                                       
                                                                               
SENATOR WILKEN asked if the docking facilities will be upgraded.               
                                                                               
MR. FUHS said they will in the small boat harbor area, however                 
those upgrades do not qualify for federal funding so they will be              
financed with local money.                                                     
                                                                               
SENATOR HALFORD asked who owns the spit.                                       
                                                                               
MR. FUHS replied it is owned by about 20 entities, among them the              
city and the Native corporation.  He added when this project got               
started, he was hired as the acting city manager of Nome, and the              
14C3 land reconveyance to the Native corporation was resolved.                 
                                                                               
SENATOR HALFORD commented this project will create a lot of high               
value downtown beachfront property.                                            
                                                                               
MR. FUHS agreed.  He noted a gold seam runs through part of the                
area where the Beema (ph) is working, and it contains arsenic.  The            
arsenic will be sealed into the bottom of the old channel so                   
technically one whole area will be a toxic waste dump with zero                
value as far as the federal government is concerned.                           
                                                                               
CHARLOTTE Maccay, Senior Administrator of Environmental and                    
Regulatory Affairs for Cominco Alaska's Red Dog operation, stated              
Cominco is asking the Legislature to approve the Red Dog portion of            
the AIDEA funding bill which provides for further upgrade of the               
DeLong Mountain transportation system port site by converting the              
lightering barge load-out facility to an ocean vessel direct                   
loading facility.  The direct loading facility will open the port              
to other regional uses and other future resource extraction                    
projects in the region.  It provides cleaner, and a reduced number             
of, transfers of materials from port to vessel; it reduces marine              
wildlife exposure to moving vessels; and it improves productivity              
while greatly reducing shipping costs.  Cominco has been successful            
in bringing economic development to rural Alaska and with NANA                 
shareholder and Alaska hire.  She noted she submitted detailed                 
written testimony to committee members and was available to answer             
questions.                                                                     
                                                                               
CHAIRMAN WARD thanked Ms. Maccay for the tremendous amount of                  
materials she supplied to the committee.                                       
                                                                               
JOHN KEY, General Manager of Cominco Alaska, stated he was also                
available to answer questions.                                                 
                                                                               
Committee members had no questions of Ms. Maccay and Mr. Key.                  
                                                                               
MIKE SCOTT, Manager of the Mat-Su Borough, stated his appreciation             
to committee members for hearing HB 386 and for including the                  
Hatcher Pass and Point MacKenzie projects.  The Hatcher Pass                   
development project has been in place for several years and is now             
close to becoming reality.  The Point MacKenzie project has been a             
borough priority for many years.  The Mat-Su Borough is the largest            
area of the state without a port.  At this point, some federal                 
funding for this project is working its way through Congress.                  
                                                                               
SENATOR HALFORD commented, regarding the confidentiality provision             
in the bill, he believes some things should be on the list but                 
others should be a matter of public record.  He believes income tax            
statements, cash flow statements, and trade secrets should not be              
a matter of public record, but financial statements, profit and                
loss statements, credit records, appraisals, if part of the                    
collateral,  marketing strategies, and market surveys should not be            
kept confidential.  He repeated the list is too expansive.                     
                                                                               
MR. LAUFER commented he was unable to get a representative from the            
Attorney General's Office to attend.  He stated the issue is the               
separation of what the Legislature should have access to and what              
information should be a matter of public record. AIDEA's                       
understanding was that any legislator would have access, providing             
the information was kept in confidence.  AIDEA would be in support             
of amending the bill to clarify that provision.  With respect to               
the specific items mentioned by Senator Halford, one of AIDEA's                
largest programs is its loan participation program in which AIDEA              
buys bank participation.  Under the laws that apply to banks, all              
of that information is required by law to be kept confidential.                
                                                                               
SENATOR HALFORD questioned how this system has been working for                
years.                                                                         
                                                                               
MR. LAUFER replied AIDEA gets requests regularly and goes through              
the Supreme Court balancing test: the privacy interest versus the              
public interest.  Generally, no one is happy with the decision                 
AIDEA makes so it tried to create, in the bill, a list to give                 
people guidance as to what information would be public and what                
would be confidential.  The original bill allowed AIDEA to                     
promulgate regulations.  Representative Therriault questioned why              
AIDEA did not want to put a list in statute.  AIDEA preferred                  
Representative Therriault's approach and the bill was amended.  The            
list is representative of the type of requests AIDEA receives and              
where the problems have occurred related to those requests.                    
                                                                               
SENATOR GREEN asked if the bill could contain a stipulation                    
requiring any person who plans to get an AIDEA loan through a bank             
to sign a waiver and comply with AIDEA's standards rather than the             
bank's.                                                                        
                                                                               
MR. LAUFER said certainly, and that has been the case up until now.            
The problem has been that AIDEA gets requests from competitors for             
information.  AIDEA is not allowed, under current law, to inquire              
as to motives or anything; the information is deemed public record.            
AIDEA was hoping, through the legislative process, to get clearer              
standards as to what information could be held in confidence.                  
AIDEA believes the list is representative of the kind of                       
information that is normally considered confidential.  The bill                
requires that the information be kept confidential before it is                
submitted, and often many of the borrowers' financial statements               
are already public at the time they are submitted.  The bill would             
not apply to any of that information.                                          
                                                                               
SENATOR HALFORD stated, as an example, a high profile airline got              
an AIDEA loan.  The airline had a lot of property listed at certain            
values and some of those properties had DEC problems.  That                    
information was generally public.  If this bill passes, that kind              
of information would not be public.  He believes the public has the            
right to know the appraised value of the collateral.                           
                                                                               
MR. LAUFER responded the appraisal item is a particularly sensitive            
one for banks because AIDEA has had cases where appraisals of                  
property were used by local assessors to reassess the property                 
value. The bill contains exceptions in the appraisal section                   
because AIDEA felt that certain appraisal information had to be                
public, but the banks were hesitant to allow the entire appraisal              
to be made public.                                                             
                                                                               
CHAIRMAN WARD asked if there was further testimony on SCSCSHB 386              
(TRA) at this time and noted his intention to pass the bill out of             
committee.  There was no further testimony.  CHAIRMAN WARD asked               
Senator Halford to work with the AIDEA representatives to prepare              
a committee substitute to be passed out of committee on Thursday.              
                                                                               
SENATOR HALFORD questioned whether the Chairman would like him to              
offer an amendment at this time.                                               
                                                                               
CHAIRMAN WARD said he also wanted to work with the group to remove             
some of the items that were included by the House Finance                      
Committee.                                                                     
                                                                               
There being no further business to come before the committee,                  
CHAIRMAN WARD repeated his intention to move the committee                     
substitute out of committee on Thursday, and adjourned the meeting             
at 4:17 p.m.                                                                   

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