Legislature(1997 - 1998)

07/30/1997 08:00 AM House BUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
Legislative Budget and Audit                                                   
July 30, 1997                                                                  
8:00 a.m.                                                                      
Legislative Information Office                                                 
Anchorage, Alaska                                                              
                                                                               
Tapes   LBA97#6 Side 1  017-363                                                
                                                                               
CALL TO ORDER                                                                  
                                                                               
Chairman Phillips convened the meeting of the Legislative Budget               
and Audit Committee on July 30, 1997, at approximately 8:06 a.m.               
in the Legislative Information Office Conference Room in                       
Anchorage, Alaska.                                                             
                                                                               
PRESENT                                                                        
                                                                               
 Representatives    Senators                                                   
                                                                               
 Rep. Martin     Chrm. Phillips                                                
 Rep. Croft     Sen. Adams                                                     
 Rep. Hanley     Sen. Pearce                                                   
 Rep. James     Sen. Torgerson                                                 
 Rep. Therriault                                                               
 Rep. Bunde                                                                    
                                                                               
                                                                               
ALSO PRESENT                                                                   
                                                                               
Mike Greany, Director, Legislative Finance Division;  Nico Bus,                
Administrative Service Manager, Department of Natural Resources;               
Annalee McConnell, Director, OMB; Joan Brown, Budget Analyst,                  
OMB; Jerry Lee Soltani, Senate Finance Secretary; Jerry Burnett;               
Dean Brown, Division of Forestry, Anchorage.                                   
                                                                               
REVISED PROGRAMS                                                               
                                                                               
RPL 10-8-4010  Fire Suppression                                                
                                                                               
Joan Brown, Budget Analyst for OMB, proposed RPL 10-8-4010 to                  
request additional federal receipts for the fire suppression                   
component in the amount of $7,500,000.   The funds are necessary               
due to the heavy fire activity Department of Natural Resources                 
(DNR) has been experiencing on Federal lands.  The fire fighting               
expenditure has averaged over $270,000 per day.                                
                                                                               
Nico Bus, Administrative Service Manager, Department of Natural                
Resources (DNR) reminded the Committee of DNR's request for                    
emergency disaster declaration for the General Fund on July 14,                
1997.  Most of the money requested on July 14th has been                       
utilized.  Since that time, activity on Federal land has                       
increased from $280,000 to $350,000 per day.  As of July 29th,                 
DNR has exceeded its appropriation of Federal funds by                         
$5,300,000.  Thus, DNR's request for $7.5 million dollars to                   
continue fighting the fire.  The requested funds wil be                        
reimbursable by the Federal government.  In addition, the                      
unusually dry weather patterns are predicted to continue for                   
another week.  The $7.5 million is necessary to finish fighting                
the present fires as well as to send crews to the Lower 48 to                  
fight fires there.                                                             
                                                                               
Dean Brown responded to Chrm. Phillip's question regarding the                 
fire size, stating the fires have burned 715,410 acres.  The                   
Inouk fire south of McGrath is currently 482,000 acres.  The                   
Inouk fire is a Federal fire and all expenses are totally                      
reimbursable from the Federal government.                                      
                                                                               
Chrm. Phillips asked for further expansion from Ms. Brown.                     
                                                                               
Dean Brown introduced herself as Deputy Director, Division of                  
Forestry in charge of Fire and Aviation Resources.  She stated                 
that as of that day, 58 fires were burning.  The largest fire is               
the Inouk fire at 482,000 acres.  A total of 340 personnel are                 
currently fighting the Inouk fire.  The three villages threatened              
by that fire are currently out of danger.  In fact, she continued              
the active portion of the fire has shifted from the southern                   
perimeter to the northern perimeter.                                           
                                                                               
Since July 1, Ms. Brown noted that there have been 151 fires to                
fight.  There have been 503 fires fought within the State of                   
Alaska out of a total of 634 fires statewide.  Currently there                 
six Type I crews, three of which were brought in from out-of-                  
state.  There are eighteen Type II crews, which are primarily the              
village crews.  There is a tremendous commitment of eleven                     
helicopters.  In addition, there are six more than normal of                   
summer contract aircraft beyond the normal fleet, hired for                    
rental for detection and for flying crews and supplies.                        
                                                                               
Ms. Brown continued that the fire situation is severe and                      
compounded by a high pressure weather system extending from north              
of Dillingham up through the Inouk fire area.  That weather                    
pattern is anticipated to remain in place and stable for at least              
one more week or ten days.  Dry lightening is starting new fires.              
In addition, we have diverted from the normal fire plan in which               
fires allowed to burn at this stage, in the event that fires                   
start where they will be difficult to contain and threaten life                
and property in that area.  The situation is taking all the                    
Forestry commitment with 90% of the in-state Federal commitment                
of forces on the fires in Southwest Alaska.  In addition, we have              
been bringing in overhead, but not crews, from out-of-state to                 
fight the fires.                                                               
                                                                               
Ms. Brown stated that the issue today is that the large                        
expenditure and majority of the fires are now occurring of                     
Federal land, meaning the State would be totally reimbursed for                
this expenditure.  However, the Forestry Division does not have                
enough authorization at this point.  In the meantime, it appears               
that the fire situation will continue for at least another                     
weekend.                                                                       
                                                                               
Chrm. Phillips asked for questions from the Committee.                         
                                                                               
Sen. Pearce requested clarification regarding the $7.5 million in              
additional authorization that was followed by a later mention of               
$5 million.  She asked if that means that the DNR is already $5                
million into the $7.5 million.                                                 
Nico Bus stated that the $5 million was the regular appropriation              
for Federal funds for Fiscal Year 1998.  That appropriation has                
been completely exhausted.  The $7 million dollars would be                    
starting from yesterday and put toward the activities of the                   
projected balance of FY 1998.                                                  
                                                                               
Rep. Bunde asked Ms. Brown whether the policy had changed from                 
the normal fire suppression program due to extenuating                         
circumstances.  Did that mean that remote fires are not being                  
allowed to burn?                                                               
                                                                               
Ms. Brown, Division of Forestry, stated that at this time of                   
year, all remote fires would normally be allowed to burn.  Due to              
the dry fire conditions and extreme fire behavior,  some fires                 
have been attacked that are close to villages or that would have               
threatened something.  However, fires are still allowed to burn                
where they will not have any deleterious effect.                               
                                                                               
Chrm. Phillips asked Mr. Greany for recommendations.                           
                                                                               
Mr. Greany, Legislative Fiscal Analyst, stated it was a straight-              
forward request for which he recommended approval.                             
                                                                               
Chrm. Phillips asked for further questions.                                    
                                                                               
No further questions being asked, Rep. Martin MOVED for approval               
of RPL 10-8-4010 for a total of $7.5 million dollars to the                    
Department of Natural Resources for Fire Suppression.                          
                                                                               
Chrm. Phillips noted the MOTION and asked for an oral vote.                    
                                                                               
Rep. Bunde stated that it appeared that with $250,000 per day                  
being spent over the next 10 days, against $7.5 million, that the              
DNR should anticipate spending only $1.25 million dollars.                     
                                                                               
Dean Brown projected that in the next 10 days to a month the DNR               
would be responding to fires in the Lower 48 with crews from                   
Alaska.  Rural fire crews are reimbursed for marketing themselves              
out-of-state.  In addition, many fires occur in the spring with a              
majority of those fires on Federal land.                                       
                                                                               
Chrm. Phillips asked Ms. Brown to confirm that there were                      
currently eleven helicopters and six small planes being used on                
the Inouk fire.                                                                
                                                                               
Dean Brown stated that these aircraft were in addition to the                  
usual contract planes for the State and for the Alaska Fire                    
Service.                                                                       
                                                                               
Chrm. Phillips asked if there were any further questions.  The                 
MOTION passed unanimously, APPROVING RPL 10-8-4010.                            
                                                                               
Sen. Torgerson asked Chrm. Phillips to clarify his decision on                 
the request regarding the Department of Transportation (DOT).                  
Nancy Slagle had called him to ask for approval of an RPL that                 
came out several days ago.  This RPL authorized the bond proceeds              
from the sale for moving the Soldotna maintenance facility for                 
DOT.  The information was not disseminated to the committee                    
members and public notice was not given, so the RPL will be held               
until the 21st so the proper public notice can be given.                       
                                                                               
Sen. Pearce asked how long the LBA meeting on the 21st would                   
last.                                                                          
                                                                               
Chrm. Phillips responded that the LBA meeting is anticipated to                
last about 2 hours with a start at 1:30 p.m. on the 21st.                      
                                                                               
Rep. Therriault stated Nancy Slagle had just arrived in                        
Fairbanks.                                                                     
                                                                               
Sen. Torgerson reiterated that he did try to get the DOT RPL on                
the agenda.  However, it was necessary to give public notice and               
provide the Committee members with copies.                                     
                                                                               
Nancy Slagle asked if it was likely that the RPL would be taken                
up before the meeting on the 21st.                                             
                                                                               
Chrm. Phillips stated that it was unlikely that the Committee                  
would meet before the 21st.                                                    
                                                                               
Nancy Slagle noted that in a week to ten days, the DOT would have              
been able to award a contract.  If the RPL was not approved today              
that this would create a timing problem, resulting in the loss of              
the current bid.  This would mean that the contract would have to              
be re-bid, increasing the cost of the process as well as delaying              
the project.                                                                   
                                                                               
Sen. Torgerson asked why the Committee was not made aware of the               
RPL until yesterday, when the Bill was signed two and a half                   
months ago.                                                                    
                                                                               
Nancy Slagle acknowledged that that was true.  In working with                 
Legislative Finance and Legislative Audit, it was felt that the                
August 7th date would be adequate for DOT's needs.  When DOT                   
realized that the August 7th meeting was not going to happen,                  
they realized the timing would be difficult.                                   
                                                                               
Sen. Torgerson asked if the bid was not good through the 21st and              
would have to re-bid.                                                          
                                                                               
Ms. Slagle stated that if the DOT did not have the authority to                
approve that expense, the bids would be lost.  Then the contract               
would have to be re-bid.                                                       
                                                                               
Mr. Greany added he and Randy Welker had been looking for a                    
solution to this problem.  The last Legislature passed a bill                  
authorizing the Soldotna maintenance facility be authorized using              
the Certificate of Participation financing mechanism.  However,                
an attendant appropriation mechanism was not put into place to                 
authorize either the department to spend the money for that                    
purpose nor to provide the debt service on those COP's once                    
issued.  Randy Welker and Mr. Greany have been looking to see                  
what other mechanisms would be available to deal with the issue                
in the interim by the Budget and Audit Committee.  At this point,              
Mr. Greany asked the Committee to approve the COP proceeds as a                
new statutory designated program receipt.  One technical problem               
exists in that the actual COP's will not be issued until late                  
September or early October.  Therefore, the COP's will not be                  
available to the project until then.  In the interim,                          
unappropriated  general funds would have to front this project.                
                                                                               
Mr. Greany recommends approval of this process with the                        
understanding that there is some risk, but that there is clear                 
Legislative intent for this project.  The State Bond Committee                 
has passed a resolution stating their intention to issue the                   
bonds.  The point is that there would not be a completed contract              
until after the COP's are actually issued.  The delay until now                
revolved around the bid opening relative to being able to start                
the project this construction season.                                          
                                                                               
Sen. Torgerson stated that Legislative approval exists for this                
action.  He would not like the project to be held up or have to                
be re-bid.                                                                     
                                                                               
Chrm. Phillips asked Sen. Torgerson to research this question and              
report back after 5 p.m. today.  He stated that another emergency              
meeting would be attempted to respond to this RPL after the                    
details have been compiled.                                                    
                                                                               
Sen. Pearce asked that Mr. Greany and Nancy Slagle discover why                
this situation arose and find solutions to keep it from happening              
again.                                                                         
                                                                               
Chrm. Phillips concurred asking Mr. Greany and Ms. Slagle to                   
respond to this request with a one page letter that would be sent              
to all members of the Committee.                                               
                                                                               
Mr. Greany agreed and added that all the information on the RPL                
request would also be compiled and sent to each member.                        
                                                                               
ADJOURNMENT                                                                    
                                                                               
Chrm. Phillips adjourned the meeting at approximately 8:36 a.m.                
                                                                               
                                                                               
LBA 7/30/97  Page 6                                                            

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