Legislature(2015 - 2016)BARNES 124

01/22/2015 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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08:02:53 AM Start
08:03:03 AM Overview: Department of Commerce, Community & Economic Development
09:07:27 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Department Overview: TELECONFERENCED
Presentation by Commissioner of Dept. of Commerce
Community & Economic Development
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                        January 22, 2015                                                                                        
                           8:02 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Cathy Tilton, Chair                                                                                              
Representative Paul Seaton, Vice Chair                                                                                          
Representative Shelley Hughes                                                                                                   
Representative Benjamin Nageak                                                                                                  
Representative Lora Reinbold                                                                                                    
Representative Harriet Drummond                                                                                                 
Representative Dan Ortiz                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW: DEPARTMENT OF COMMERCE~ COMMUNITY & ECONOMIC                                                                          
DEVELOPMENT                                                                                                                     
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
FRED PARADY, Acting Commissioner                                                                                                
Department of Commerce, Community & Economic Development (DCCED)                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented an overview of DCCED.                                                                          
                                                                                                                                
LAWRENCE BLOOD, Acting Director                                                                                                 
Division of Community & Regional Affairs                                                                                        
Department of Commerce, Community & Economic Development                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the overview of DCCED, answered                                                                   
questions.                                                                                                                      
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:02:53 AM                                                                                                                    
                                                                                                                                
CHAIR  CATHY  TILTON  called  the  House  Community  and  Regional                                                            
Affairs  Standing   Committee  meeting  to  order   at  8:02  a.m.                                                              
Representatives   Hughes,  Nageak,   Reinbold,  Ortiz,   Drummond,                                                              
Seaton, and Tilton were present at the call to order.                                                                           
                                                                                                                                
8:03:03 AM                                                                                                                    
                                                                                                                                
Committee  members  introduced   themselves  and  expressed  their                                                              
interest in being a member of the committee.                                                                                    
                                                                                                                                
^OVERVIEW:   DEPARTMENT   OF  COMMERCE,   COMMUNITY   &   ECONOMIC                                                              
DEVELOPMENT                                                                                                                     
     OVERVIEW: DEPARTMENT OF COMMERCE, COMMUNITY & ECONOMIC                                                                 
                          DEVELOPMENT                                                                                       
                                                                                                                              
8:07:52 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON  announced that the  only order of business  would be                                                              
an  overview  from   the  Department  of  Commerce,   Community  &                                                              
Economic Development.                                                                                                           
                                                                                                                                
8:08:17 AM                                                                                                                    
                                                                                                                                
FRED  PARADY,   Acting  Commissioner,   Department  of   Commerce,                                                              
Community &  Economic Development  (DCCED), directed  attention to                                                              
a  handout entitled  "Department  Overview for  House Community  &                                                              
Regional  Affairs."  He  then turned  to page  2 and reviewed  the                                                              
department's   organizational    chart,   which   highlights   the                                                              
department's  six divisions:  Administrative  Services; Banking  &                                                              
Securities; Community  & Regional Affairs;  Corporations, Business                                                              
&  Professional Licensing;  Economic  Development; and  Insurance.                                                              
The  department also  includes the  following corporate  entities:                                                              
Alaska Energy  Authority; Alaska Gasline Development  Corporation;                                                              
Alaska   Industrial  Development   &   Export  Authority;   Alaska                                                              
Railroad   Corporation;   Alaska  Seafood   Marketing   Institute;                                                              
Alcoholic  Beverage Control  Board; and  Regulatory Commission  of                                                              
Alaska  (RCA).   The  latter  two,  he clarified,  are  regulatory                                                              
entities.  As illustrated  on the pie chart on page  3, 59 percent                                                              
of DCCED's  funding flows  through corporations  while 41  percent                                                              
flows through  the department's core  agencies.  The pie  chart on                                                              
page   4  provides   a  breakdown   of  DCCED's   budget  by   the                                                              
department's   management   plan,   core   services.      Consumer                                                              
protection accounts  for 17 percent,  economic growth  29 percent,                                                              
strong communities  14 percent, and affordable energy  40 percent.                                                              
He pointed out  that half of the affordable energy  expenditure is                                                              
power cost equalization (PCE).                                                                                                  
                                                                                                                                
ACTING  COMMISSIONER PARADY  then directed  the committee's  focus                                                              
to  page  5  and the  Division  of  Banking  and  Securities,  the                                                              
purpose  of which  is to  regulate financial  markets and  protect                                                              
consumers  of financial services  while promoting  safe and  sound                                                              
financial systems.   The Division of Banking and  Securities has a                                                              
budget  of about  $3.6  million, but  collected  $13.4 million  in                                                              
fees  and  assessments.     Therefore,  the  division   is  a  net                                                              
generator of revenue  to the general fund.  In the  last year, the                                                              
key  accomplishments of  the Division  of  Banking and  Securities                                                              
were  to develop  electronic  filing  for certain  securities  and                                                              
joining the electronic  filing depository national  filing system,                                                              
which is a  clearing house that improves efficiencies  for banking                                                              
businesses.    The  division  is  also  developing  new  financial                                                              
tools.   He noted that  there is a  thread of the  marijuana issue                                                              
that will reside  in this division as it deals  with the interplay                                                              
between  federal regulations  on  drug money  and  a new  business                                                              
climate that will develop in the state.                                                                                         
                                                                                                                                
ACTING  COMMISSIONER   PARADY   moved  on   to  the  Division   of                                                              
Insurance,  which also generates  more in  revenue to  the general                                                              
fund than  what it  costs to run  the division.   The  Division of                                                              
Insurance generates  $64 million in fees while its  budget is $7.6                                                              
million.   He  then related  that  there are  over 1,100  insurers                                                              
admitted  to conduct  business  in Alaska;  over  $3.4 billion  in                                                              
total  premiums written  in  the last  calendar  year; and  almost                                                              
50,000 individual  licensed insurance brokers  in the state.   The                                                              
division opened  and closed 245  complaints, opened 79  and closed                                                              
115 investigations,  and issued  21 disciplinary orders  in fiscal                                                              
year  2014.   He  reminded  the  committee  that the  Division  of                                                              
Insurance  is  a  consumer  protection   and  regulatory  function                                                              
division.                                                                                                                       
                                                                                                                                
8:13:10 AM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  PARADY  turned attention  to the Division  of                                                              
Corporations,  Business and  Professional Licensing,  page 7.   He                                                              
explained  that  at  the  legislature's  directive,  the  division                                                              
regulates  43  professions  of which  behavior  analysts,  massage                                                              
therapists,  and  contractors  were  added last  year.  There  are                                                              
67,000  individual  professional   licenses  and  50,000  business                                                              
licenses.      The  Division   of   Corporations,   Business   and                                                              
Professional  Licensing has  a $12.4  million  budget and  returns                                                              
about $6.6 million  in business license fees to  the general fund.                                                              
He highlighted  the importance  of the  quality of the  division's                                                              
information  technology  systems  and administrative  support  and                                                              
the  ability  to  do  good data  management.    The  division  has                                                              
increased  corporate  entities in  good  standing  from  60 to  93                                                              
percent  and  much more  data  is  available online  for  business                                                              
license renewals,  professional licensing, and  quarterly reports.                                                              
He pointed out  that a key component of professional  licensing is                                                              
that  the  legislature  mandates  that each  profession  be  self-                                                              
supporting.  Therefore,  how indirect costs are  allocated and how                                                              
the  individual solvency  of each  of the  43 different  licensing                                                              
categories  is maintained  is  a balancing  act.   He  highlighted                                                              
that  the Legislative  Budget and  Audit  Committee has  performed                                                              
considerable work  on the aforementioned  topic in the  last year.                                                              
He  then  noted  that  the  division  has  bar-coded  all  of  the                                                              
professional  license renewal  applications,  which has  decreased                                                              
the   receipt  timelines   from   three  weeks   to  three   days.                                                              
Furthermore,   the  division  has   improved  its  efficiency   in                                                              
investigative  caseloads  as  the   open-to-close  time  has  been                                                              
shortened  by  over  50  percent.     Acting  Commissioner  Parady                                                              
commented that the division has a particularly effective leader.                                                                
                                                                                                                                
ACTING  COMMISSIONER  PARADY  continued   his  overview  with  the                                                              
Alcoholic Beverage  Control Board,  page 8, which  transitioned to                                                              
DCCED  in   FY  2013.    The   aforementioned  was  a   source  of                                                              
considerable discussion  across the  state with regard  to whether                                                              
alcohol control  belongs in a public  safety or health  context or                                                              
in  DCCED.    Acting  Commissioner   Parady  opined  that  Cynthia                                                              
Franklin,   Director,  Alcoholic   Beverage  Control   Board,  has                                                              
managed  to balance  the fact  that  alcohol is  an industry  that                                                              
needs to be regulated  and promoted while doing  so responsibly as                                                              
alcohol  carries  a  host  of social  issues.    He  informed  the                                                              
committee that  a complete rewrite  of Title 4, that  balances the                                                              
aforementioned  perspectives, will  come  before the  legislature.                                                              
He  emphasized that  DCCED is  eager to  modernize these  statutes                                                              
and bring them before the legislature.                                                                                          
                                                                                                                                
ACTING   COMMISSIONER  PARADY   then   addressed  the   Regulatory                                                              
Commission  of  Alaska  (RCA),  which  has  worked  diligently  to                                                              
improve  their processes.    In the  past,  10 paper  copies of  a                                                              
utility rate  filing were  required, whereas  now no paper  copies                                                              
are  required as  it's  performed  online.   The  ability to  file                                                              
online is  being extended to  the small rural telephone  utilities                                                              
as well.   In  fact, that should  be achieved  within the  next 45                                                              
days.  He informed  the committee that many of  the administrative                                                              
components of the  PCE Fund are handled through the  RCA.  The RCA                                                              
ensures  that the  utilities  meet the  filing  requirements.   He                                                              
explained  that the  PCE Fund  subsidizes the  first 500  kilowatt                                                              
hours of  high cost power  to consumers  across Alaska.   In order                                                              
to  qualify for  that funding,  the  utility has  to meet  certain                                                              
criteria, such as minimum line loss.                                                                                            
                                                                                                                                
8:17:47 AM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  PARADY moved on  to the Division  of Economic                                                              
Development.   The new Alaska  Maritime Industrial  Support Sector                                                              
analysis assesses  the age  of Alaska's  fishing fleet,  status of                                                              
the  state's shipyards,  and  how  the needs  of  the fleet  match                                                              
those of  the shipyards.   The  aforementioned involves  workforce                                                              
and finance  questions.  This division  has 261 loans  that amount                                                              
to  almost $30  million  across  10 loan  programs,  the heart  of                                                              
which  is 237  loans  in  the Commercial  Fishing  Revolving  Loan                                                              
Fund.  The Commercial  Fishing Revolving Loan Fund  is solvent and                                                              
vital  to the  state's  commercial fishing  fleet.   The  division                                                              
runs the  tourism marketing,  which generates 800,000  information                                                              
requests,  220,000 trips,  and 700,000  visitors.   He noted  that                                                              
the  newly established  Alaska  Tourism  Marketing  Board had  its                                                              
first  meeting in January.   Tourism,  he emphasized,  is  a vital                                                              
industry as it has  spread throughout the state.   He recalled the                                                              
birding  tourists in  Barrow  who were  interested  in seeing  the                                                              
spectacled  eider, which  is an  endangered species.   Due  to the                                                              
28th  Alaska State  Legislature's House  Concurrent Resolution  15                                                              
there is  a new statewide strategy  with the University  of Alaska                                                              
Fairbanks  (UAF) regarding  unmanned  aerial drones.   Alaska,  he                                                              
explained, is  a proving  ground for that  technology in  terms of                                                              
commercial   applications  because   the  state   has  air   space                                                              
available.   The division is partnering  with industry and  UAF to                                                              
support  resource  development  efforts,  including  the  Minerals                                                              
Commission report  on the mining  of rare earth minerals  in Bokan                                                              
Mountain.   The division also  supports manufacturing  through the                                                              
Made  in  Alaska  and Alaska  Product  Preference  programs.    He                                                              
mentioned that there  was an exciting Made In Alaska  Home Show in                                                              
Anchorage this past  fall during which everything in  the home was                                                              
made in  Alaska.  The aforementioned  was an effort  to illustrate                                                              
to builders how products manufactured in Alaska could be used.                                                                  
                                                                                                                                
ACTING  COMMISSIONER   PARADY  turned  attention   to  the  Alaska                                                              
Seafood Marketing  Institute  (ASMI) and  noted that fisheries  is                                                              
the number  one employer in  the state  with an export  value that                                                              
is up nearly  85 percent to $3.2  billion in 10 years.   He opined                                                              
that the  Responsible Fisheries  Management Initiative  is central                                                              
to the  fishing industry.    He then  informed the  committee that                                                              
an environmental  non-governmental organization (NGO)  has made an                                                              
effort to  create a sustainable  fishery certification.   However,                                                              
that   certification  has   become   politicized   from  both   an                                                              
environmental  and international perspective.   A Russian  pollock                                                              
fishery   was  certified   as   meeting   the  standard   of   the                                                              
environmental  NGO, which  devalued the  Alaska pollock  industry.                                                              
He   highlighted  that   the  Responsible   Fisheries   Management                                                              
Initiative  was successful  in working  with  Wal-Mart to  certify                                                              
that  Alaska's fisheries  are  sustainably  managed  and meet  the                                                              
procurement requirement  for large corporate  distribution chains.                                                              
He  highlighted that  ASMI continues  to  collaborate with  Alaska                                                              
Tourism  and  Marketing,  Alaskan Grown,  and  Nutritious  Alaskan                                                              
Foods  in  Schools programs.    He  also  noted that  the  fishing                                                              
industry has  a voluntary fish tax.   Although the  voluntary fish                                                              
tax  can reach  up to  .6  percent of  the  ex-vessel value,  it's                                                              
currently  at .5  percent  of the  ex-vessel  value and  generates                                                              
roughly $12 million.                                                                                                            
                                                                                                                                
8:22:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  inquired as to  what the percentage  of the                                                              
pie chart on the upper-right hand side represents.                                                                              
                                                                                                                                
ACTING  COMMISSIONER PARADY  clarified  that on  page  11, the  29                                                              
percent  represents  the  percent   of  the  department's  overall                                                              
budget  in the  category  of economic  growth.    He informed  the                                                              
committee that  17 percent  of the department's  budget is  in the                                                              
category of consumer protection.                                                                                                
                                                                                                                                
8:23:11 AM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  PARADAY, returning to his  overview, directed                                                              
attention  to   the  Alaska  Industrial  Development   and  Export                                                              
Authority (AIDEA),  page 12, which is a vital  organization to the                                                              
state as it  generates a dividend  back to the state.   The fiscal                                                              
year  2016  dividend in  the  amount  of  $17.6 million  has  been                                                              
approved.    The  financing  that's  afforded  through  AIDEA  has                                                              
leveraged a projected  $700 million in private  sector investment.                                                              
Furthermore,  AIDEA is  projected  to create/retain  nearly  1,500                                                              
construction  jobs and over  1,000 permanent  jobs.  For  example,                                                              
the first  phase of  the Mustang  Oil Field  development field  in                                                              
Prudhoe Bay has  been completed and the second  phase has recently                                                              
been approved by  the board.  Acting Commissioner  Parady informed                                                              
the committee that  AIDEA has a financing package  that supports a                                                              
redevelopment in central Anchorage.                                                                                             
                                                                                                                                
ACTING  COMMISSIONER PARADAY  continued  on to  page 13  regarding                                                              
the Alaska  Energy Authority  (AEA), which is  from where  the PCE                                                              
grant payments are  disbursed.  Nearly $40 million  were disbursed                                                              
to 188  communities in fiscal  year 2014.   There is  roughly $900                                                              
million  in the  PCE Endowment  Fund  and efforts  are ongoing  to                                                              
determine   whether  the   management  of   those  funds   can  be                                                              
strengthened  in  order  to strengthen  the  returns  and  provide                                                              
support for  the program.   He pointed  out that AEA  also handles                                                              
the  upgrades to  rural power  systems of  which 53  of 114  rural                                                              
power system upgrades  have been completed.  There  is an Emerging                                                              
Energy Technology  Fund.   The board, he  indicated, is  trying to                                                              
find  the  right  hybrid  power systems  that  can  improve  power                                                              
production  in the  state's  villages.   The  annual fuel  savings                                                              
from  the Renewable  Energy Fund  is  projected to  be 20  million                                                              
gallons of  diesel by 2016.   There has  been an impact,  albeit a                                                              
slow build-up of the utility infrastructure in rural Alaska.                                                                    
                                                                                                                                
ACTING  COMMISSIONER PARADAY  then  addressed  the Alaska  Gasline                                                              
Development  Corporation   (AGDC),  page  14,  which   is  working                                                              
diligently  to  align with  the  administration's  new  directives                                                              
while  also  working  to  synchronize the  timing  of  the  Alaska                                                              
liquefied  natural   gas  (AKLNG)   and  the  Alaska   Stand-Alone                                                              
Pipeline (ASAP)  projects.  He  recalled the following  quote from                                                              
Dan Fauske, President,  AGDC:  "Only in Alaska would  a $7 billion                                                              
pipeline be considered small."                                                                                                  
                                                                                                                                
8:26:18 AM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  PARADY moved on to page  15, which highlights                                                              
the  Division  of  Community  and Regional  Affairs  (DCRA).    He                                                              
recalled traveling  to Hoonah with  regard to a legislative  grant                                                              
for the  construction of a  new dock in  Hoonah that  will service                                                              
the  tourism industry.    Hoonah  has changed  from  a timber  and                                                              
fishing  based  community  to  a  tourism  based  community.    He                                                              
recalled  his first  day on the  job when  Lawrence Blood,  Acting                                                              
Director, DCRA, showed  him Article 10, Section 14,  of the Alaska                                                              
Constitution   which  is   the   requirement   to  support   local                                                              
communities  and  their capacity.    To  that end,  DCRA  provides                                                              
assistance  to over  200 communities  and runs  the Rural  Utility                                                              
Business  Advisor (RUBA)  program  through  which 147  communities                                                              
were assisted and  nearly 200 rural utility managers  trained.  He                                                              
emphasized  that running  a utility  in rural  Alaska is no  small                                                              
task.     The  Local  Boundary   Commission  (LBC)   approved  the                                                              
incorporation of  Edna Bay, Alaska's  first new city in  10 years.                                                              
The  DCRA supports  local communities  by  writing election  codes                                                              
and  ordinances.   He noted  that  due to  a statutorily  directed                                                              
grant  new cities receive  a $50,000  payment  and then a  $25,000                                                              
payment in  order to have funds  with which to organize.   He told                                                              
the  committee  that DCRA  distributed  over  $85 million  to  307                                                              
communities  through revenue  sharing and  other programs.   Cross                                                              
training of staff  is also occurring.  Acting  Commissioner Parady                                                              
highlighted  the opportunity to  break down  silos.  For  example,                                                              
banking and  insurance are merging  activities across much  of the                                                              
country.   Therefore, the question  becomes whether  synergies can                                                              
be achieved by cross  training.  The heart of breaking  down silos                                                              
is   using   Local  Government   Specialists   (LGS),   which   he                                                              
characterized  as "the tip  of the  state spear."   He  noted that                                                              
there  are  6  regional  offices  and  roughly  40  LGS  or  grant                                                              
specialists.     Therefore,  the   division  had  the   logistical                                                              
infrastructure  and  was  able  to  travel  to  approximately  130                                                              
communities with  those specialists.   The notion is that  the LGS                                                              
should  be   able  to  address   DCRA  issues,  such   as  utility                                                              
assistance, LBC,  municipal code,  and election code,  while being                                                              
aware   of  the   Public  Employees'   Retirement  System   (PERS)                                                              
arrearages  and  energy projects  of  the  area.   Cross  training                                                              
would achieve  the aforementioned,  he said.   Being able  to more                                                              
comprehensively  communicate  the  range  of issues  across  state                                                              
government allows  the LGS  to make the  most of their  visits and                                                              
break  down silos.   He noted  that the  LGS deal  with bulk  fuel                                                              
loans  and thus  there is  a linkage  with AEA,  which deals  with                                                              
bulk fuel projects.                                                                                                             
                                                                                                                                
8:33:00 AM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  PARADY continued  with page 17  regarding the                                                              
Community  Aid  and  Accountability  Section.    He  reminded  the                                                              
committee  that last year  community revenue  sharing was  reduced                                                              
from  $60  million to  $52  million  for  fiscal  year 2015.    He                                                              
explained that  community revenue sharing  has a balance  of about                                                              
$172  million and  on  June 30th  of each  year  one-third of  the                                                              
balance  of  the   fund  is  distributed  to   communities,  which                                                              
amounted  to  a total  distribution  of  $57.3  million.   If  the                                                              
community revenue  sharing program was  zero funded in  the coming                                                              
year, the  balance would decrease  to $114.7 million on  June 30th                                                              
and   the   distribution   would  decrease   to   $38.2   million.                                                              
Therefore,  because the community  revenue  sharing program  has a                                                              
rolling  balance  forward, it  doesn't  immediately  zero out  but                                                              
drops  significantly.    Acting Commissioner  Parady  pointed  out                                                              
that   the   Federal   Secure   Rural   Schools   program   wasn't                                                              
reauthorized  for   fiscal  year  2015.     Although  it   may  be                                                              
reauthorized,  the  immediate impact  would  be  the loss  of  $12                                                              
million in  federal funds to  33 municipalities for  their schools                                                              
and roads  from the  Tongass and  Chugach National  Forests.   The                                                              
Federal  Payment in  Lieu of Taxes  (PILT) were  extended  for one                                                              
year  in fiscal  year  2015 such  that approximately  $28  million                                                              
will be disbursed across 95 municipalities.                                                                                     
                                                                                                                                
8:35:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked if  the department  would  support                                                              
the land transfer rather than the PILT.                                                                                         
                                                                                                                                
ACTING  COMMISSIONER  PARADY  characterized   that  as  a  complex                                                              
question   for   which  he   would   await  direction   from   his                                                              
administrative supervisors.                                                                                                     
                                                                                                                                
8:35:47 AM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER   PARADY  directed   attention  to   page  18                                                              
regarding  the  Local Government  Assistance/RUBA  program,  which                                                              
helps local  utilities with  QuickBooks, preventative  maintenance                                                              
programs, structure,  and to  build capacity  in order  to sustain                                                              
the  reliability   of  the  utility  infrastructure.     The  RUBA                                                              
collaborated  with the  Department  of Environmental  Conservation                                                              
(DEC) to create  a best practices method to assess  the technical,                                                              
managerial,  and financial  capacity  of communities  in order  to                                                              
prioritize  funding.   He highlighted  that  at the  legislature's                                                              
direction,  there  are roughly  1,800  grants  and $2  billion  in                                                              
project  funding  that  flow  through  DCRA's  grant  division  to                                                              
support various community  level services.  However,  he noted his                                                              
expectation  that those capital  funds will  be restricted  in the                                                              
coming years.   He then pointed  out that marijuana is  arising as                                                              
a topic when LGS  visits cities and villages.   The questions from                                                              
local governments  are in regard to how marijuana  businesses will                                                              
be  regulated and  used  as a  revenue  source.     At this  time,                                                              
marijuana  regulations  are  being   developed  in  the  Alcoholic                                                              
Beverage  Control  group as  there  is a  cross-departmental  task                                                              
force that  is working  on the matter.   The initiative  specifies                                                              
that  nine  months  are allowed  for  the  promulgation  of  those                                                              
regulations.   Anyone  with local  government questions  regarding                                                              
marijuana is  referred to the  Frequently Asked Questions  section                                                              
of the ABC Board  web site.  He informed the  committee that local                                                              
government assistance  staff work  with communities  on elections.                                                              
However,  due to  a court case  there  is no longer  the need  for                                                              
Department  of   Justice  (DOJ)   pre-clearance  for   changes  to                                                              
election codes or special elections.                                                                                            
                                                                                                                                
ACTING  COMMISSIONER PARADY  then moved  on to  page 19  regarding                                                              
the   Local   Boundary   Commission   (LBC),   which   essentially                                                              
supervises  the  process of  annexation  and petitions  to  become                                                              
incorporated.   Edna Bay was the  first city to  incorporate since                                                              
2004.   Allakaket  annexed territory  to the  city, which  enabled                                                              
residents  who  had relocated  to  higher  ground after  the  1994                                                              
flood  to once  again  be city  residents.    Although the  Alaska                                                              
Superior   Court  upheld   the  LBC's   2012  decision   approving                                                              
incorporation  of the Petersburg  Borough, it's  on appeal  to the                                                              
Alaska  Supreme  Court.   He  noted  that  LBC staff  traveled  to                                                              
Houston  and   Big  Lake  to   address  questions   regarding  the                                                              
consolidated  Big   Lake  incorporation  and   Houston  annexation                                                              
petitions.                                                                                                                      
                                                                                                                                
ACTING  COMMISSIONER  PARADY  continued  with the  Office  of  the                                                              
State Assessor,  page 20,  and highlighted that  Alaska is  one of                                                              
the few  states that doesn't require  the reporting of  sales data                                                              
for [any] real  estate transactions.  The state  assessor performs                                                              
full  value determinations  for  cities located  within  boroughs.                                                              
The  full value  determination of  a borough  as a  whole is  only                                                              
used in the  required local contribution program.   Therefore, one                                                              
could  argue  that  it's  unnecessary  to  perform  a  full  value                                                              
determination  in  individual  cities.   Discontinuation  of  that                                                              
work  is being  considered  because  it doesn't  tie  itself to  a                                                              
state formula or  capitalization, but feedback from  the public is                                                              
necessary.    He  noted  that  [the   Division  of  Insurance]  is                                                              
considering personal  rate filings because the  insurance industry                                                              
is competitive.                                                                                                                 
                                                                                                                                
8:41:32 AM                                                                                                                    
                                                                                                                                
ACTING   COMMISSIONER   PARADY,   continuing   his   presentation,                                                              
informed  the   committee  that  the  Ketchikan   Gateway  Borough                                                              
decision will be  addressed legislatively as the  consequences are                                                              
germane to  education funding.   The  decision involves  the state                                                              
assessor because  of the required local contribution  calculation.                                                              
He then pointed  out that the  state assessor has been  working to                                                              
decrease travel  while maintaining  training to local  communities                                                              
by providing  the training  at regional  and state conferences  to                                                              
groups rather than individually.                                                                                                
                                                                                                                                
ACTING  COMMISSIONER  PARADY  concluded   his  overview  with  the                                                              
Planning  Section,  page 21.    He  highlighted that  the  Federal                                                              
Emergency  Management  Agency  (FEMA)   flood  studies  have  been                                                              
completed for  the Kenai  Peninsula Borough  and City  of Cordova,                                                              
while the  studies for  Aniak, Bethel,  Kwethluk, and  Emmonak are                                                              
forthcoming.   Work is also being  done to develop  natural hazard                                                              
resiliency  plans in Kivalina,  Shaktoolik,  and Shishmaref.   The                                                              
Planning  Section is  working with  the Department  of Military  &                                                              
Veterans' Affairs  (DMVA) on an  application submitted to  FEMA to                                                              
relocate homes to a new village site in Newtok.                                                                                 
                                                                                                                                
8:43:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NAGEAK  requested  clarification  of  the  natural                                                              
hazard resiliency plans.                                                                                                        
                                                                                                                                
ACTING COMMISSIONER PARADY deferred to Mr. Blood.                                                                               
                                                                                                                                
8:43:28 AM                                                                                                                    
                                                                                                                                
LAWRENCE  BLOOD,   Acting  Director,   Division  of   Community  &                                                              
Regional  Affairs, Department  of Commerce,  Community &  Economic                                                              
Development, explained  that the resiliency plans  are through the                                                              
federal  Risk Mapping,  Assessment,  and Planning  (MAP)  program,                                                              
the basic objective  of which is  to do planning to make  the next                                                              
storm  less  severe.    Two  planners  located  in  Anchorage  are                                                              
dedicated  to these  resiliency  plans.   In  further response  to                                                              
Representative  Nageak, Mr.  Blood opined  that there  is a  broad                                                              
range of  outcomes that  might result from  one of the  resiliency                                                              
plans,  but only  the planning  is  associated with  the Risk  MAP                                                              
program.   However, that  plan can  be used  to seek funding  from                                                              
other sources  to carry out  the resiliency activities  identified                                                              
in the plan.                                                                                                                    
                                                                                                                                
8:45:19 AM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER  PARADY  returned  to  the  overview  of  the                                                              
Planning Section of  DCCED.  He explained that  the Municipal Land                                                              
Trustee (MLT)  program is  one in  which lands  are held  in trust                                                              
for the development  of a future community.   The Planning Section                                                              
works  with  tribal  governments  to establish  site  control  for                                                              
local  infrastructure, such  as  a landfill.    He clarified  that                                                              
site  control  refers  to  control  of  the  underlying  lease  or                                                              
ownership of the  land.  Under this program,  leases for landfills                                                              
have been provided  to Iliamna, Koliganek, and  Takotna to support                                                              
local efforts to  meet DEC permitting requirements.   The Planning                                                              
Section has worked  with DMVA on the Galena flood  recovery, which                                                              
has  resulted in  the  elevation of  30 homes  at  risk of  future                                                              
flooding, with an  additional 10 homes scheduled  [for elevation].                                                              
Acting Commissioner  Parady highlighted that there  are new photo-                                                              
based  community  profile  maps  for all  11  communities  in  the                                                              
Northwest  Arctic  Borough  (NWAB)   as  well  as  22  communities                                                              
statewide.   The maps  are overlaid with  surveyed plat  data, and                                                              
therefore  show  general  ownership  to aid  future  projects  and                                                              
completion  of the  Alaska Native  Claims  Settlement Act  (ANCSA)                                                              
14(c) settlement applications.                                                                                                  
                                                                                                                                
8:47:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to page  2 of  the overview,  and                                                              
pointed out  that Alaska  Aerospace is  not listed  as one  of the                                                              
regulatory agencies.                                                                                                            
                                                                                                                                
ACTING COMMISSIONER  PARADY related his understanding  that Alaska                                                              
Aerospace  resides in the  Department of  Transportation  & Public                                                              
Facilities (DOT&PF).                                                                                                            
                                                                                                                                
8:47:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   recalled  Acting  Commissioner   Parady's                                                              
comments  regarding  marijuana  and  the  Division  of  Banking  &                                                              
Securities.    He   then  inquired  as  to  how   state  chartered                                                              
institutions  are  similar  to  the Bank  of  North  Dakota  being                                                              
separate from federal  [institutions].  He further  inquired as to                                                              
whether it's  a mechanism that  could be  used in Alaska  to allow                                                              
the  completion   of  financial  transactions.     Would  a  state                                                              
credit/debit  card be issued  from those  institutions that  would                                                              
be excluded from  the federal prohibitions on  federally chartered                                                              
banks, he asked.                                                                                                                
                                                                                                                                
ACTING COMMISSIONER  PARADY  deferred to  the Division of  Banking                                                              
and  Securities,  which  could   provide  the  committee  with  an                                                              
answer.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON requested  that  the  aforementioned be  an                                                              
official request  from the  chair such  that the entire  committee                                                              
receives clarification  as to  how to handle  that portion  of the                                                              
marijuana initiative that could be problematic.                                                                                 
                                                                                                                                
The committee took a brief at ease.                                                                                             
                                                                                                                                
8:50:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  restated  his  request for  the  chair  to                                                              
request from DCCED  analysis of the banking capabilities  of state                                                              
chartered  banks  or  other financial  institutions  in  terms  of                                                              
whether those  financial institutions, such  as the Bank  of North                                                              
Dakota,  might be exempt  from the  provisions  that do not  allow                                                              
federally  chartered  banks  to  handle any  marijuana  assets  or                                                              
financial   transactions.      He  further   asked   whether   the                                                              
aforementioned could  be expanded to debit or  credit cards issued                                                              
by those institutions.                                                                                                          
                                                                                                                                
CHAIR TILTON confirmed she will request the aforementioned.                                                                     
                                                                                                                                
8:51:29 AM                                                                                                                    
                                                                                                                                
CHAIR  TILTON  mentioned  that  this  committee  will  review  the                                                              
marijuana  issue in  terms  of how  it impacts  municipalities  in                                                              
upcoming meetings.   In  fact, the  committee will likely  propose                                                              
legislation   regarding   marijuana  and   how   it  pertains   to                                                              
municipalities.                                                                                                                 
                                                                                                                                
8:52:11 AM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  PARADY informed the committee  that DCCED has                                                              
been tracking which  municipalities have asked what  regarding the                                                              
marijuana  initiative and  would  be happy  to share  it with  the                                                              
committee.                                                                                                                      
                                                                                                                                
8:52:41 AM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER   PARADY,   in  response  to   Representative                                                              
Seaton,  clarified that  there  are 67,000  professional  licenses                                                              
and  50,000  business  licenses  of which  the  largest  group  of                                                              
professional licenses  is nursing with  about 8,000 licenses.   He                                                              
noted   that   the  Division   of   Corporations,   Business   and                                                              
Professional Licensing  doesn't license  teachers.   He reiterated                                                              
that the division now regulates 43 professions.                                                                                 
                                                                                                                                
8:53:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON surmised  that from  the department's  view                                                              
many of  the licenses  are to promote  safety, although  licensing                                                              
has  a  severe   anti-competitive  aspect  as  there   isn't  open                                                              
competition  since everyone  has to  go through  a board that  may                                                              
not want to expand  eligibility of participants.  He  asked if the                                                              
department  has  reviewed  whether  the  more  licenses  that  are                                                              
created actually  restricts the  competitiveness of  those wishing                                                              
to provide those services and how that balances with safety.                                                                    
                                                                                                                                
ACTING  COMMISSIONER  PARADY  answered   that  the  aforementioned                                                              
hasn't  been studied,  but has been  discussed  in the context  of                                                              
whether   there   are   professions  that   are   candidates   for                                                              
deregulation.    He  identified  the aforementioned  as  a  policy                                                              
question.   Upon  review of  national  data, Alaska  falls in  the                                                              
middle range  in terms of how  many professions are  regulated, he                                                              
reported.                                                                                                                       
                                                                                                                                
8:55:50 AM                                                                                                                    
                                                                                                                                
CHAIR  TILTON  asked  if  the  Division  of  Economic  Development                                                              
interfaces with the Alaska Energy Authority (AEA).                                                                              
                                                                                                                                
ACTING  COMMISSIONER PARADY  responded that  although he  presumes                                                              
the two  entities do interface,  he didn't  know and will  have to                                                              
investigate and share the answer with the committee.                                                                            
                                                                                                                                
8:56:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  expressed   interest  in  how  the  Alaska                                                              
Regional  Development Organization  (ARDORs)  interact with  local                                                              
communities and governments.                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER  PARADY  offered that  the  department  could                                                              
provide a briefing on ARDORs.                                                                                                   
                                                                                                                                
REPRESENTATIVE HUGHES  clarified that her question  is in relation                                                              
to how the ARDORs  interact with the local governments,  which she                                                              
opined  is important  in terms of  the earlier  mentioned  need to                                                              
break down silos.                                                                                                               
                                                                                                                                
8:57:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  recalled that Palmer  has set aside  a town                                                              
site  in Point  MacKenzie,  and  asked whether  the  LBC has  been                                                              
involved with this process.                                                                                                     
                                                                                                                                
ACTING COMMISSIONER PARADY deferred to Mr. Blood.                                                                               
                                                                                                                                
MR. BLOOD  replied that  Point MacKenzie hasn't  hit his  radar in                                                              
terms of it being  a current activity of the LBC.   However, staff                                                              
has routine  contact with communities  on various topics  and thus                                                              
it's  possible there  have been  conversations with  the LBC  that                                                              
haven't  reached the  level  of submitting  a  draft petition  for                                                              
review,  assistance,   or  comments.    In  further   response  to                                                              
Representative  Hughes,  Mr.  Blood  explained  that  there  is  a                                                              
population   threshold  in   order  to   become  an   incorporated                                                              
community.  To become  a second class city, at  least 25 residents                                                              
must sign  the petition  while to  become a  first class  city 400                                                              
residents are required.                                                                                                         
                                                                                                                                
8:59:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON highlighted  the difficulty  of housing  in                                                              
rural Alaska  for those visiting  the area,  such as those  in the                                                              
education and  public safety fields.   When visitors have  to stay                                                              
in  the local  school  gym, it  disrupts the  entire  school.   He                                                              
asked if  the department has  considered Alaska-made yurts  with a                                                              
composting  toilet  and a  heater  that  could be  accessible  for                                                              
those state government  employees and officials who  visit to work                                                              
with the community.                                                                                                             
                                                                                                                                
ACTING  COMMISSIONER   PARADY  said   he  is  familiar   with  the                                                              
itinerant  housing issues  in villages,  but  isn't familiar  with                                                              
housing  within the  context  of DCRA.    Therefore, he  suggested                                                              
that perhaps the  question would be better directed  to the Alaska                                                              
Housing Finance Corporation (AHFC).                                                                                             
                                                                                                                                
MR. BLOOD  said that he  has no knowledge  of such  discussions in                                                              
the department.   As an  LGS who has slept  on the floors,  in the                                                              
jails, and  the tables in  the clinics, he  said he would  love to                                                              
have a yurt available for housing.                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON  offered that across departments  there is a                                                              
need for housing,  and thus he encouraged discussion  of solutions                                                              
for housing  such as  yurts with  a composting  toilet as  well as                                                              
heat and water access that can be turned off when not in use.                                                                   
                                                                                                                                
ACTING  COMMISSIONER PARADY  agreed  to discuss  the topic  during                                                              
the [department's] breaking silos discussions.                                                                                  
                                                                                                                                
9:05:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES pointed  out  that the  budget  will be  an                                                              
overarching  theme  of this  legislative  session.   During  these                                                              
lean times,  it's a good time  for legislators to review  how they                                                              
can address  things  that could  save communities.   To that  end,                                                              
she  requested  feedback  from   the  department  with  regard  to                                                              
possible statutory  changes that could relieve some  burden on the                                                              
communities.                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER  PARADY characterized  Representative  Hughes                                                              
request  as a  wonderful  suggestion  that would  be  great as  an                                                              
afternoon  work session  for the  Alaska  Municipal League  (AML),                                                              
which   he  said   he  will   suggest  to   Kathy  Wasserman   and                                                              
departmental LGS.                                                                                                               
                                                                                                                                
9:07:27 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Community  and Regional  Affairs  Standing  Committee meeting  was                                                              
adjourned at 9:07 a.m.                                                                                                          

Document Name Date/Time Subjects
DCCED Overview HCRA 1-22-15.pdf HCRA 1/22/2015 8:00:00 AM
Overview of the Dept. of Commerce, Community and Economic Development