Legislature(2009 - 2010)BARNES 124

02/19/2009 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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Audio Topic
08:05:30 AM Start
08:05:43 AM Overview: Office of Economic Development
08:55:12 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: DCCED, Office of Economic TELECONFERENCED
Development by Joe Austerman, Director
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                       February 19, 2009                                                                                        
                           8:05 a.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Herron, Co-Chair                                                                                             
Representative Cathy Engstrom Munoz, Co-Chair                                                                                   
Representative Wes Keller                                                                                                       
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Harris                                                                                                      
Representative Charisse Millett                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW:  OFFICE OF ECONOMIC DEVELOPMENT                                                                                       
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOE AUSTERMAN, Director                                                                                                         
Office of Economic Development (OED)                                                                                            
Department of Commerce, Community, & Economic Development                                                                       
(DCCED)                                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Completed his overview of the Office of                                                                  
Economic Development.                                                                                                           
                                                                                                                                
CARYL MCCONKIE, Tourism Development Manager                                                                                     
Office of Economic Development                                                                                                  
Department of Commerce, Community, & Economic Development                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During overview of OED, provided additional                                                              
information.                                                                                                                    
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:05:30 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  BOB  HERRON called  the  House  Community and  Regional                                                             
Affairs  Standing  Committee  meeting   to  order  at  8:05  a.m.                                                               
Representatives Herron,  Munoz, Keller, and Gardner  were present                                                               
at  the call  to order.    Representative Cissna  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^Overview: Office of Economic Development                                                                                     
                                                                                                                                
8:05:43 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON announced  that the only order  of business would                                                               
be  the completion  of  the  February 5,  2009,  overview of  the                                                               
Office of Economic Development.                                                                                                 
                                                                                                                                
8:06:32 AM                                                                                                                    
                                                                                                                                
JOE AUSTERMAN,  Director, Office  of Economic  Development (OED),                                                               
Department  of   Commerce,  Community,  &   Economic  Development                                                               
(DCCED),  began  by  providing  the  committee  with  a  document                                                               
regarding  the tourism  activities  that the  Office of  Economic                                                               
Development  (OED)  provides.   He  recalled  that at  the  prior                                                               
hearing  there were  questions regarding  how  OED could  further                                                               
develop its program into other  sectors.  The tourism programming                                                               
works well as it's adequately  staffed for the programs delivered                                                               
and the  interest in those programs.   He noted that  much of the                                                               
funding  [for  tourism  in  rural  areas]  comes  from  the  U.S.                                                               
Economic Development  Administration (EDA).  Much  of the program                                                               
development comes from inquiries from  rural Alaska.  At the last                                                               
hearing, Co-Chair Munoz suggested  developing the yacht sector of                                                               
tourism,  which he  indicated is  fairly active  in Alaska.   Mr.                                                               
Austerman  acknowledged  that  OED  would  like  to  emulate  the                                                               
tourism  process with  other  programs.   However,  funding is  a                                                               
component.  For  instance, there is one person in  OED who is the                                                               
conduit  between  the  commercial fisheries  industry  and  state                                                               
government.   Two staff  focus on minerals  and one  staff person                                                               
focuses on  forestry.   He pointed  out that OED  is a  small and                                                               
nimble organization that's effective with the resources it has.                                                                 
                                                                                                                                
8:10:56 AM                                                                                                                    
                                                                                                                                
MR. AUSTERMAN  then turned to the  film sector.  He  reminded the                                                               
committee    that   Alaska    doesn't   have    the   traditional                                                               
administrative    mechanisms     for    gathering    information.                                                               
Furthermore,  not much  was know  about the  film industry  other                                                               
than  that the  states  and  countries that  engage  in the  film                                                               
industry  and offer  incentives end  up with  film being  a large                                                               
component of  their economy.   British Columbia,  he highlighted,                                                               
is a  perfect example of  an area  that uses a  similar incentive                                                               
program  that  encourages  the   producers  to  spend  production                                                               
dollars on site.  He  indicated that Alaska's incentive has drawn                                                               
film activity  to the state.   He then noted that  OED has worked                                                               
quite  extensively  with  Evergreen Studios,  which  invested  in                                                               
Alaska even prior  to the incentive program.   In fact, Evergreen                                                               
Studios   made  a   sizable  investment   in  Anchorage   in  3-D                                                               
technology.   He highlighted that  on the East Cast  theatres are                                                               
beginning to  show live  sports broadcasts.   The  technology has                                                               
made a  big come-back.  Furthermore,  3-D film is said  to be the                                                               
next generation of film.   Evergreen Studios has chosen Alaska to                                                               
develop its  3-D production studios.   Had the  incentive program                                                               
not been  in place,  OED likely  would not  have heard  about the                                                               
aforementioned.   The  initiative, he  explained, provides  a tax                                                               
credit of a minimum of  30 percent of the qualifying [production]                                                               
expenditures in  the state  and up to  44 percent  for off-season                                                               
production work or production work  in rural Alaska.  He informed                                                               
the committee that Evergreen Studios  has produced a salmon shark                                                               
documentary with National Geographic.                                                                                           
                                                                                                                                
MR.  AUSTERMAN  pointed  out  that  one  of  the  drawbacks  with                                                               
encouraging  more production  is  that Alaska  doesn't have  much                                                               
film industry infrastructure.   One of the main  items missing is                                                               
a  sound stage.    At this  point,  there seems  to  be a  strong                                                               
possibility  that private  money will  develop this  sound stage.                                                               
This film  initiative has  certainly brought  new dollars  to the                                                               
state.  He said that it's  up to legislators to determine whether                                                               
allowing  the initiative  is  worth lost  income  tax revenue  in                                                               
exchange for the new dollars coming  to the state.  The OED's job                                                               
is to  administer the program  as best it  can and report  to the                                                               
legislature  the progress  of the  film industry  annually.   Mr.                                                               
Austerman highlighted  that there is an  administrative mechanism                                                               
in the  initiative that  allows for evaluation.   To  qualify for                                                               
the tax credit film production  companies will have to show their                                                               
books and share how much money  they've spent in Alaska.  The tax                                                               
incentive, he noted  sunsets in five years.  Thus  far this year,                                                               
a mechanism  for companies  doing production  work in  Alaska has                                                               
been   created  to   allow  production   despite  an   incomplete                                                               
regulations  process.    The regulations  process  would  further                                                               
define what exactly would be  a qualifying production expenditure                                                               
in  Alaska.   To date,  OED has  received four  applications from                                                               
production companies that want to  work in Alaska.  The estimated                                                               
qualifying spending  of those  four applicants  is just  under $5                                                               
million of which $1.5 million would be the tax credit.                                                                          
                                                                                                                                
8:20:08 AM                                                                                                                    
                                                                                                                                
MR.  AUSTERMAN, in  response to  Co-Chair Herron,  explained that                                                               
when OED  considered the film  industry regulations it did  so in                                                               
an Alaska centric  manner.  He acknowledged that  there were some                                                               
concerning components of  the law, but the  regulations seemed to                                                               
address those without  changing the intent of the law.   He noted                                                               
that  OED has  spoken with  the film  industry about  concerns of                                                               
potential abuse with the program  and relayed that if the program                                                               
isn't  working for  Alaska, then  it  would end.   Mr.  Austerman                                                               
informed the  committee that one  of the concerns with  the [film                                                               
incentive] is the  removal of the cap on  the "superstar" clause.                                                               
At one  point there  was a  $2 million  cap for  superstars doing                                                               
work in  Alaska; the removal of  that cap is a  large hit without                                                               
realizing any economic benefit.   However, those in tourism would                                                               
argue  that  there would  be  an  inferred  benefit in  terms  of                                                               
Alaska's exposure through film.                                                                                                 
                                                                                                                                
8:23:27 AM                                                                                                                    
                                                                                                                                
CARYL MCCONKIE,  Tourism Development Manager, Office  of Economic                                                               
Development,  Department  of   Commerce,  Community,  &  Economic                                                               
Development,  explained  that DCCED  is  required  to notify  the                                                               
legislature when  $100 million in  tax credits based  on existing                                                               
productions has been  identified.  She posed a  scenario in which                                                               
the production  companies say  they will  spend $50  million, but                                                               
only end  up spending $20 million  in the state.   That extra $30                                                               
million has  been set aside so  that upon the sunset  date or the                                                               
$100 million  in tax  credits has been  reached, the  final audit                                                               
would  reveal, in  this  case, that  not all  of  the funds  were                                                               
spent.   The  aforementioned may  be an  issue that  needs to  be                                                               
addressed at some point.                                                                                                        
                                                                                                                                
8:25:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER opined that  the aforementioned is similar                                                               
to  Alaska Housing  Finance  Corporation's (AHFC)  weatherization                                                               
program.                                                                                                                        
                                                                                                                                
MS. MCCONKIE noted her agreement.                                                                                               
                                                                                                                                
8:26:06 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON inquired  as to those who merely  want to capture                                                               
Alaska on  film and might  not take  advantage of the  tax credit                                                               
because they don't know about it or it's too much of a hassle.                                                                  
                                                                                                                                
MR.  AUSTERMAN clarified  that the  tax credit  doesn't apply  to                                                               
news  broadcasts.   He then  related  that the  film industry  is                                                               
fairly  efficient and  it's unlikely  that  a production  company                                                               
would work in Alaska without  taking advantage of the tax credit,                                                               
which represents  30 percent of  production costs.   He mentioned                                                               
that  it's likely  that the  production company  wouldn't receive                                                               
the entire 30 percent since  the production company has to broker                                                               
the certificate.                                                                                                                
                                                                                                                                
8:28:34 AM                                                                                                                    
                                                                                                                                
CO-CHAIR MUNOZ asked if the  tax credit includes an incentive for                                                               
local hire.                                                                                                                     
                                                                                                                                
MR.  AUSTERMAN replied  yes, adding  that labor  is a  qualifying                                                               
expense.   The base incentive  for all qualifying expenses  is 30                                                               
percent.  Alaska  hire results in an additional  10 percent while                                                               
filming off  season or filming in  a rural location result  in an                                                               
additional 2 percent tax credit  for each.  Mr. Austerman pointed                                                               
out  that if  a production  company  spent $1  million, it  could                                                               
receive a tax  credit in the amount of $440,000.   The production                                                               
company would  receive the  tax credit as  a certificate.   Since                                                               
it's  likely that  the production  company doesn't  pay taxes  in                                                               
Alaska, it  would likely sell  the certificate to a  company that                                                               
does pay taxes in Alaska.                                                                                                       
                                                                                                                                
8:30:16 AM                                                                                                                    
                                                                                                                                
MR. AUSTERMAN mentioned that a  local Juneau writer Dave Hunsaker                                                               
is working  with Evergreen Studios on  a production.  One  of the                                                               
challenges is  determining when  the qualifying  activity starts.                                                               
At  this point,  OED is  sticking to  the rule  that no  expenses                                                               
qualify  prior to  approval of  the application.   Mr.  Austerman                                                               
explained  that there  is difficulty  with regard  to the  actual                                                               
purchase  of the  screen  write, which  clearly  occurs prior  to                                                               
production  in  the  state.    However,  the  deal  is  generally                                                               
consummated  on  the first  day  of  production.   Mr.  Austerman                                                               
opined that he  doesn't want to provide any  incentive for screen                                                               
plays that  are written outside  of the state, although  the deal                                                               
was consummated in Alaska.   However, he questioned whether local                                                               
writers should be  encouraged to build their business  as part of                                                               
this  tax incentive.   He  suggested  that some  of these  issues                                                               
won't  play out  until  some of  the  work has  been  done.   The                                                               
motivation behind  this tax incentive  is to capture some  of the                                                               
funds  from  films  set  in   Alaska  that  are  actually  filmed                                                               
elsewhere and thus funds spent elsewhere.                                                                                       
                                                                                                                                
8:33:48 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON  identified "The Guardian"  as such a movie.   He                                                               
then  inquired as  to how  to help  communities attract  the film                                                               
industry.                                                                                                                       
                                                                                                                                
MR. AUSTERMAN opined that in  rural Alaska part of the difficulty                                                               
is  that  there  are  no  new dollars  and  the  cost  of  living                                                               
continues to increase.                                                                                                          
                                                                                                                                
8:35:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  if the  tax incentive  is changing                                                               
the behavior of the film  industry, especially when one considers                                                               
companies  such  as  Evergreen  Studios  that  is  already  doing                                                               
business in the state.                                                                                                          
                                                                                                                                
8:36:33 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON  indicated that  it would  be more  important for                                                               
the state  to lose  a bit of  revenue in order  to have  the film                                                               
industry in the state.                                                                                                          
                                                                                                                                
MR. AUSTERMAN noted  his agreement that there  will be situations                                                               
in  which  some companies  will  come  to  Alaska no  matter  the                                                               
existence of  the incentive.   He relayed  that the  staff person                                                               
leading the  film industry component  of OED  just went to  a tax                                                               
credit symposium/forum  in Los Angeles,  California.   This staff                                                               
person  found  that since  many  states  are scaling  back  [film                                                               
industry programs];  Alaska's tax incentive program  is receiving                                                               
a lot of national attention.                                                                                                    
                                                                                                                                
8:38:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA recalled  living in  San Diego,  which she                                                               
characterized as a "film crazy"  area.  She then turned attention                                                               
to the  Developing Alaska Rural  Tourism (DART) program  and some                                                               
of the programs  under it that hold out the  Alaska experience to                                                               
the world without requiring putting  money aside.  She noted that                                                               
the  independent traveler  will spend  money on  such experiences                                                               
and then come into town and spend money.                                                                                        
                                                                                                                                
MR.  AUSTERMAN  highlighted  that   tourism,  unlike  almost  any                                                               
industry,  offers  a way  to  bring  new  money into  the  state.                                                               
Moreover,  tourism is  a renewable  industry for  which he  holds                                                               
much pride.   He noted that  those in urban Alaska  don't need as                                                               
much help with tourism as those  in rural Alaska.  This incentive                                                               
is a  mechanism to  get new  money out  to communities,  which is                                                               
certainly part of the governor's legacy initiative.                                                                             
                                                                                                                                
8:43:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA pointed  out  that DART  gets people  into                                                               
rural  communities.    She  then   inquired  as  to  whether  the                                                               
anthropological camp in Afognak is still in business.                                                                           
                                                                                                                                
MS. MCCONKIE answered  that she believes it's  still in business.                                                               
Certainly, such a  program is the type of [tourism]  those in the                                                               
rural areas  are interested  in because these  are unique  to the                                                               
areas and  attracts the  independent traveler.   She  pointed out                                                               
that in the  rural communities a new business  employing a couple                                                               
of people is important.                                                                                                         
                                                                                                                                
8:45:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  expressed interest  in knowing  more about                                                               
the DART  program and possibly  meeting with OED  staff regarding                                                               
what activities exists [in rural Alaska].                                                                                       
                                                                                                                                
8:45:48 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON noted  his agreement, adding that  there might be                                                               
activities going  on in his  district that he doesn't  know about                                                               
and  could  share in  his  newsletter.    He requested  that  OED                                                               
provide the committee with the  activities occurring and the area                                                               
in which  they're occurring.   He then directed attention  to the                                                               
Alaska  Regional Development  Organization (ARDOR),  and inquired                                                               
as to how an ARDOR accomplishes anything with the budget it has.                                                                
                                                                                                                                
MR. AUSTERMAN said that most  ARDORs are very successful in using                                                               
state  funds to  match  and  leverage other  funds.   The  ARDORs                                                               
provide  OED  with  an  outreach  opportunity  to  rural  Alaska.                                                               
Technically,  OED merely  administers  the ARDORs  much like  the                                                               
Alaska  Travel  Industry  Association's   (ATIA)  contract.    He                                                               
highlighted the  value in having the  on-the-ground intuition for                                                               
a  region.   He  then noted  that tourism  folks  are good  about                                                               
working with the ARDORs.                                                                                                        
                                                                                                                                
8:48:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER related  that he  has been  impressed with                                                               
how ARDOR personnel link with the chamber.                                                                                      
                                                                                                                                
8:49:11 AM                                                                                                                    
                                                                                                                                
CO-CHAIR   HERRON   inquired  as   to   how   OED  measures   the                                                               
effectiveness of the ARDORs throughout the state.                                                                               
                                                                                                                                
MR.  AUSTERMAN  answered  that   the  statute  doesn't  establish                                                               
performance measure  criteria.  However,  in an attempt  to bring                                                               
the  ARDOR program  on the  radar, OED  has encouraged  ARDORs to                                                               
include  in   their  report   all  their   activities,  financial                                                               
standing,  and  objectives.    The  report  is  provided  to  the                                                               
legislature.  Although  OED has tried to work with  the ARDORs in                                                               
establishing  some  performance  measures,  the  statute  doesn't                                                               
necessarily require  it and  OED is a  coordinating agency  not a                                                               
policing agency.                                                                                                                
                                                                                                                                
8:51:36 AM                                                                                                                    
                                                                                                                                
MR.  AUSTERMAN,  in  closing, informed  the  committee  that  OED                                                               
maintains a  small business  assistance center,  a web  site, and                                                               
manages  the  Made  in  Alaska program  and  the  Alaska  product                                                               
preference program.   The Made in Alaska symbol  was just legally                                                               
trademarked,  which provides  a  bit more  teeth  with regard  to                                                               
enforcing the use of  it.  He related that the  Made in Alaska is                                                               
gaining  value as  a  marketing  tool.   Mr.  Austerman told  the                                                               
committee that  OED is available  to answer questions  or address                                                               
specific  industry  or  economic  development issues.    He  then                                                               
related that  many years ago  a small business grant  was passed,                                                               
but  never funded.   It's  an annual  appropriation of  up to  $3                                                               
million  per year  that can  go toward  helping small  businesses                                                               
start  through  a grant  program  that  would be  co-administered                                                               
through  OED  and  the  Alaska   Industrial  &  Export  Authority                                                               
(AIDEA).   He opined that  the aforementioned would  be effective                                                               
tool for starting small businesses in rural Alaska.                                                                             
                                                                                                                                
8:54:21 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HERRON  remarked that  perhaps  some  funding could  be                                                               
obtained  from  Alaska  Growth Capital,  which  the  state  could                                                               
match.                                                                                                                          
                                                                                                                                
8:55:12 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 8:55 a.m.                                                                                                          

Document Name Date/Time Subjects
2.19.09 OED Presentation- FINAL - Legislature.ppt HCRA 2/19/2009 8:00:00 AM