Legislature(1999 - 2000)

01/27/2000 01:35 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SB 208-RAILROAD AND FERRY AUTHORITY                                                                               
                                                                                                                                
MS. ANGELA MOSS, staff to Senator Ward, read the following sponsor                                                              
statement for SB 208.                                                                                                           
                                                                                                                                
     "An Act establishing the Alaska Marine and Rail Transportation                                                             
     Authority; relating to ferries and ferry terminals; relating                                                               
     to the Alaska Railroad Corporation; and providing for an                                                                   
     effective date."                                                                                                           
                                                                                                                                
     The intent of this Act is to establish a state-owned authority                                                             
     that would be directly responsible for the operation and                                                                   
     management of both the Alaska Railroad Corporation and the                                                                 
     Alaska Marine Highway.                                                                                                     
                                                                                                                                
     In 1985 the State of Alaska purchased the Alaska Railroad from                                                             
     the federal government for $20 million dollars. This                                                                       
     transaction came with a significant amount of excess land that                                                             
     assists in the operational costs of the railroad.  The Alaska                                                              
     Railroad currently has a surplus land base. The Alaska                                                                     
     Railroad is not currently under the executive budget act.  The                                                             
     Alaska marine highway was created under the authority of the                                                               
     federal government in 1963 and was not given a land base.  For                                                             
     the past several years, the Alaska marine highway has relied                                                               
     on the general fund for costs because of a lack of capital                                                                 
     equity base in order to make it self sufficient.                                                                           
                                                                                                                                
     Creating an authority would allow the excess land to generate                                                              
     revenue and provide a stable funding base for the Alaska                                                                   
     Marine and Rail Transportation Authority.  The idea is to                                                                  
     reduce the requirements to fund the Alaska marine highway                                                                  
     through the general fund.  The overall transportation plan in                                                              
     Alaska would benefit from the re-organization and provide for                                                              
     a system to utilize both services and cut the cost of doing                                                                
     so.  Currently the Alaska marine highway and the Alaska                                                                    
     Railroad share the use of facilities in many locations.                                                                    
                                                                                                                                
     The authority will be a public corporation of the state and a                                                              
     division of DOTPF.  The authority will operate the Alaska                                                                  
     marine highway system and the state-owned Alaska Railroad as                                                               
     separate divisions of the authority.                                                                                       
                                                                                                                                
     The authority will make all of its financial records available                                                             
     to the legislature and an appointee of the governor.  The                                                                  
     authority shall submit an annual budget for the Alaska marine                                                              
     highway system and the Alaska Railroad Corporation to the                                                                  
     legislature through the governor.                                                                                          
                                                                                                                                
     The primary duties of the authority will be to assist                                                                      
     residents, businesses and communities of the state to obtain                                                               
     the highest quality of the marine, rail passenger and freight                                                              
     service.  The authority will be responsible to encourage and                                                               
     integrate with other public and private carriers in and                                                                    
     outside the state to provide the highest quality of service                                                                
     within the state.  The authority is required to employ Alaskan                                                             
     residents to the highest legal level possible.                                                                             
                                                                                                                                
     The authority will operate under the name "Alaska Marine and                                                               
     Rail Transportation Authority."  The authority shall prepare                                                               
     a comprehensive long-range plan for the development and                                                                    
     improvement of the Alaska marine highway system and the Alaska                                                             
     Railroad.                                                                                                                  
                                                                                                                                
     The authority may acquire by purchase, gift, or exchange of                                                                
     land in fee simple or easements that it considers necessary                                                                
     and reasonable for either temporary or permanent public use.                                                               
     The authority may transfer land, other than rail land under AS                                                             
     44.90.240, that is not considered necessary for use by the                                                                 
     marine highway system.  The authority will have the power to                                                               
     receive additional land grants from the state.  The proceeds                                                               
     of disposal by the Department of Natural Resources (DNR) shall                                                             
     be credited to the funds from which the purchase of the land                                                               
     was originally made.                                                                                                       
                                                                                                                                
     It is my hope as sponsor of SB 208 that it becomes legislation                                                             
     in order to ensure a long term transportation network that                                                                 
     serves all Alaskans.                                                                                                       
                                                                                                                                
Number 2049                                                                                                                     
                                                                                                                                
FORMER GOVERNOR BILL SHEFFIELD, President and CEO of the Alaska                                                                 
Railroad Corporation (ARRC), had a prepared statement for Wendy                                                                 
Lindskoog to read to the committee.                                                                                             
                                                                                                                                
MS. WENDY LINDSKOOG, Director of External Affairs for the Alaska                                                                
Railroad Corporation, read the following statement:                                                                             
                                                                                                                                
     Thank you Chairman Ward and Senate Transportation Committee                                                                
     members for giving us the opportunity to testify on SB 208.                                                                
                                                                                                                                
     We have had only one week to consider this bill and believe                                                                
     this issue requires a more in-depth review on our part before                                                              
     we can better convey our concerns about the bill's fiscal                                                                  
     impact on the railroad.                                                                                                    
                                                                                                                                
     Having said that, we do have some initial reactions.                                                                       
                                                                                                                                
     The marine highway system and the Alaska Railroad Corporation                                                              
     both provide a valuable transportation service.  We both move                                                              
     people and goods throughout many parts of Alaska not accessed                                                              
     by the state's highway system.  For these reasons, the idea to                                                             
     combine the marine highway system and the Alaska Railroad                                                                  
     Corporation has merit.  The reality, however, comes with                                                                   
     obstacles.                                                                                                                 
                                                                                                                                
     The legislature has worked over the years to streamline                                                                    
     government.  At first glance, SB 208 appears to accomplish the                                                             
     goal.  At a closer look, however, this bill creates an                                                                     
     additional layer of management staff that could impact the                                                                 
     efficiency and decision making process of both transportation                                                              
     organizations.                                                                                                             
                                                                                                                                
     Combining both transportation entities will also produce an                                                                
     administrative burden in terms of managing four different                                                                  
     types of employee benefit systems.                                                                                         
                                                                                                                                
     There are two classes of Alaska Railroad Corporation employee                                                              
     including federal employees and corporation employees.  Each                                                               
     group has different retirement benefits, but neither are part                                                              
     of the state's personnel benefit system.                                                                                   
                                                                                                                                
     Under the new authority, the marine highway system would also                                                              
     have two classes of employee.  These include employees who are                                                             
     part of the state personnel benefit system and those who would                                                             
     be under the "new authority" benefit system.                                                                               
                                                                                                                                
     In addition to adding administrative layers, SB 208 diverts                                                                
     the railroad's net earnings from its real estate and uses them                                                             
     to help subsidize the marine highway system.                                                                               
                                                                                                                                
     This results in taking money away from the railroad's regular                                                              
     maintenance and capital program and stripping the Alaska                                                                   
     Railroad Corporation of its ability to remain a true self-                                                                 
sustaining entity.                                                                                                              
                                                                                                                                
     After many years of federal neglect, the Alaska Railroad                                                                   
     Corporation has been investing heavily in deferred                                                                         
     maintenance.  We are replacing approximately 100,00 ties per                                                               
     year, new ballast, and are working on several projects,                                                                    
     including our track straightening project between Anchorage                                                                
     and Wasilla.                                                                                                               
                                                                                                                                
     The track realignment will make the railroad safer by removing                                                             
     congestion on our tracks, straightening out curves, reducing                                                               
     equipment wear and tear and increasing train handling                                                                      
     consistency.                                                                                                               
                                                                                                                                
     In terms of industry standards, railroads the size of the                                                                  
     Alaska Railroad should be reinvesting $15 to $20 million                                                                   
     annually into the rail line.  This level of funding ensures                                                                
     proper maintenance and operations.  That is what we do.  Every                                                             
     bit of money we make is put directly back into our road bed,                                                               
     equipment, bridges, roads, etc.                                                                                            
                                                                                                                                
     We have recently had two derailments.  While those were not                                                                
     related to worn out track, we cannot afford to diminish our                                                                
     ongoing efforts to maintain and continue to improve the                                                                    
     railroad's infrastructure.  Safety is too important.                                                                       
                                                                                                                                
     In addition to providing safe transportation, part of our                                                                  
     mission is to promote economic development.  We are on the                                                                 
     verge of an exciting growth phase at the Alaska Railroad.                                                                  
     This is made possible through the federal grants we receive.                                                               
     In order to qualify for these grants, the railroad must match                                                              
     them with an investment of its own funds.  For example, the                                                                
     $10 million grant for crossties, rail, and ballast, which we                                                               
     have received for the past 4 years, requires an annual                                                                     
     investment by the railroad of $6 to $8 million.                                                                            
                                                                                                                                
     These grants provide us the opportunity to accomplish many                                                                 
     important safety and economic development projects including:                                                              
                                                                                                                                
          Seward passenger dock - re: hub for cruise ship landings.                                                             
                                                                                                                                
          New freight dock - new contracts for freight through                                                                  
          Seward.                                                                                                               
                                                                                                                                
          Whittier underpass for safe pedestrian traffic under our                                                              
          rail and from the boat harbor to the City of Whittier.                                                                
                                                                                                                                
          Anchorage airport rail station - this allows the railroad                                                             
          to be competitive in time and dollars to new cruise ship                                                              
          passengers to and from Anchorage, to Seward and Whittier                                                              
          as well as downtown Anchorage.  This provides good                                                                    
          revenue to help with "maintenance of way" for the good of                                                             
          the railroad.  If we should lose the coal contract or                                                                 
          continue to receive less for transporting coal, this                                                                  
          passenger service will help pick up that $2.5 million a                                                               
          year to maintain the Anchorage to Seward mainline track.                                                              
                                                                                                                                
          Klatt road to Eagle River - double track - straighten                                                                 
          curves to Wasilla.  Improve safety, efficiency and                                                                    
          profit.                                                                                                               
                                                                                                                                
          $10 million a year for road bed improvements, new and                                                                 
          larger sidings where trains meet, electric switches, rail                                                             
          grinding, new rail, ties, ballast, etc.                                                                               
                                                                                                                                
          New Denali depot - move passengers - passenger trains                                                                 
          longer.                                                                                                               
                                                                                                                                
          New intermodal facility in Fairbanks - move from downtown                                                             
          - blocking streets.  More efficient operation.                                                                        
                                                                                                                                
          Proposed new track alignment to North Pole refinery which                                                             
          will eliminate 30 crossings and enhance safety.                                                                       
                                                                                                                                
     And the list goes on and on.                                                                                               
                                                                                                                                
     This is safety and common sense along with meeting our                                                                     
     customer needs.                                                                                                            
                                                                                                                                
     Producing the matching funds for these grants will be next to                                                              
     impossible if proceeds from our real estate, which represent                                                               
     35 to 50 percent of our net income, are shifted to the                                                                     
     authority under this legislation.                                                                                          
                                                                                                                                
     The Alaska Railroad does not require, and has never asked for,                                                             
     operational or capital funding from the state.  We are self-                                                               
sustaining.  This will not remain the case if our earnings are                                                                  
shared with the state's marine highway system.  Under this                                                                      
scenario, the Alaska Railroad Corporation will be put in a position                                                             
within a year or two of seeking state subsidies to operate its                                                                  
services and maintain its track.  The net effect will be more                                                                   
demand on the state's general fund, not less.                                                                                   
                                                                                                                                
     Finally, SB 208 places the new authority under the executive                                                               
     budget act.  As you are aware, the Alaska Railroad Corporation                                                             
     needs the flexibility to operate its business to react to                                                                  
     market demands.  We believe that this action would hinder that                                                             
     ability to react to market demands for new or additional                                                                   
     business or catastrophic events.  The authority would not have                                                             
     the prerogative to obligate funds to make things happen in a                                                               
     timely fashion.                                                                                                            
                                                                                                                                
     In closing Mr. Chairman, you have requested detailed financial                                                             
     information from the railroad as it relates to the proposed                                                                
     changes in SB 208.  Discerning the financial implications and                                                              
     obtaining good information will take some time.                                                                            
                                                                                                                                
     This bill is complex, it represents a huge policy decision                                                                 
     requiring a lot of dialog.  We hope we can continue a dialogue                                                             
     with this committee as we gain a better understanding of                                                                   
     changes called for in SB 208.                                                                                              
                                                                                                                                
     Mr. Chairman, the big picture is that what we are doing, in                                                                
     addition to running a railroad 24 hours a day, is building a                                                               
     railroad--a state asset, to be a better railroad--and larger                                                               
     asset, fostering economic development for the entire state and                                                             
     all Alaskans.                                                                                                              
                                                                                                                                
     And to let you know, our goal is to foster and improve a                                                                   
     better working relationship with the legislature to ensure                                                                 
     that we are both working towards mutually beneficial goals.                                                                
     In fact, we welcome and invite you to tour our facilities and                                                              
     meet our employees.                                                                                                        
                                                                                                                                
     Thank you again for this opportunity to testify.                                                                           
                                                                                                                                
CHAIRMAN WARD agreed with Ms. Lindskoog that this issue will take                                                               
time for consideration.                                                                                                         
                                                                                                                                
Number 2337                                                                                                                     
                                                                                                                                
SENATOR MILLER stated that he and the Chairman were in the                                                                      
legislature when the railroad was purchased.  He worked on the                                                                  
legislation because the federal government made the railroad                                                                    
available for purchase and Alaska wanted it.  It was also felt that                                                             
at some point the railroad would become a private corporation.                                                                  
                                                                                                                                
CHAIRMAN WARD commented that this legislation would remove the                                                                  
possibility of future privatization.                                                                                            
                                                                                                                                
Tape 00-1, Side B                                                                                                               
                                                                                                                                
CHAIRMAN WARD stated he felt the marine highway system had not been                                                             
given a proper land base, and the railroad had more land than it                                                                
needed.  He feels an authority combined with additional state                                                                   
acreage would stop the need for general funds going into the marine                                                             
highway system.  He has not ruled out the possibility of a sale of                                                              
the railroad, but he wants to make sure the marine highway system                                                               
and railroad continue to exist in Alaska.  He noted he has some of                                                              
the same concerns that Ms. Lindskoog expressed and he does not have                                                             
all of the answers but he chose to model the legislation after                                                                  
Louisiana's authority system because it has been successful.                                                                    
                                                                                                                                
SENATOR LINCOLN asked for Governor Sheffield's comments regarding                                                               
the makeup of the Board of ARRC and for any additional comments.                                                                
                                                                                                                                
GOVERNOR SHEFFIELD responded the railroad board is appointed by the                                                             
governor and confirmed by the legislature.  There is one union                                                                  
member, one commissioner from DOTPF and one from DCED, one outside                                                              
member with railroad experience and two members from the public.                                                                
                                                                                                                                
Number 2215                                                                                                                     
                                                                                                                                
CAPTAIN NORM EDWARDS, Operations Manager for the Alaska Marine                                                                  
Highway (AMHS), read the following statement:                                                                                   
                                                                                                                                
     I would like to start by saying that we have had less than one                                                             
     week to review this piece of legislation.  We were not given                                                               
     a copy of the legislation prior to it's introduction and were                                                              
     not asked to work with the sponsor on it's development.  We                                                                
     have not had time to fully consider this unusual proposal.                                                                 
                                                                                                                                
     That being said, our initial impression is that this proposal                                                              
     is an attempt to blend two agencies that have different                                                                    
     missions, have different customers and serve different regions                                                             
     of the state.  We fail to see that this bill would benefit                                                                 
     either organization and if one of the sponsors goals is to                                                                 
     adequately fund the AMHS, there is a simpler and less                                                                      
     disruptive way.                                                                                                            
                                                                                                                                
     Frankly, we are perplexed as to the objectives of this                                                                     
     legislation.  We are in the process of implementing the                                                                    
     Southeast Transportation Plan, developed with considerable                                                                 
     community input and support.  We are also currently working on                                                             
     the Southwest and Prince William Sound Transportation Plans.                                                               
     Under these plans, we will effectively redesign and manage the                                                             
     marine highway system, providing better and more efficient                                                                 
     service for the communities of coastal Alaska.  Therefore, as                                                              
     the old saying goes:  "If it isn't broken, don't fix it."                                                                  
                                                                                                                                
     Before we comment in detail on the bill, we will need more                                                                 
     time to analyze it.  In short, however, we believe that the                                                                
     AMHS is right where it belongs, an integral part of the                                                                    
     Southeast Region of DOTPF.                                                                                                 
                                                                                                                                
     Again, thank you for the chance to testify today.                                                                          
                                                                                                                                
CHAIRMAN WARD asked Captain Edwards what the easy way to run the                                                                
ferry system would be without using general fund monies.                                                                        
                                                                                                                                
CAPTAIN EDWARDS responded that has not been fully determined at                                                                 
this time.                                                                                                                      
                                                                                                                                
CHAIRMAN WARD responded that SB 208 may not be the answer, but                                                                  
having a land base is one option and it will eliminate the need to                                                              
come to the legislature for funding every year.  He welcomed                                                                    
Captain Edwards to his new position at the Alaska Marine Highway                                                                
System.                                                                                                                         

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