Legislature(1997 - 1998)

04/11/1997 01:47 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                      HOUSE FINANCE COMMITTEE                                  
                          April 11, 1997                                       
                             1:47 P.M.                                         
                                                                               
 TAPE HFC 97-93, Side 1, #000 - end.                                           
 TAPE HFC 97-93, Side 2, #000 - end.                                           
                                                                               
 CALL TO ORDER                                                                 
                                                                               
 Co-Chair Hanley called the House Finance Committee meeting to order           
 at 1:47 P.M.                                                                  
                                                                               
 PRESENT                                                                       
                                                                               
 Co-Chair Hanley               Representative Kelly                            
 Representative Foster         Representative Martin                           
 Representative Grussendorf    Representative Mulder                           
                                                                               
 Co-Chair Therriault and Representatives Davis, Davies, Kohring and            
 Moses were absent from the meeting.                                           
                                                                               
 ALSO PRESENT                                                                  
                                                                               
 Annalee McConnell, Director, Office of Management and Budget,                 
 Office of the Governor: Keith Kelton, Director, Division of                   
 Facility Construction and Operation, Department of Environmental              
 Conservation; Thomas Brigham, Director, Division of State Planning,           
 Department of Transportation and Public Facilities.                           
                                                                               
 SUMMARY                                                                       
                                                                               
 HB 165    "An Act making and amending capital and other                       
           appropriations and to capitalize funds; and providing for           
           an effective date."                                                 
                                                                               
           HB 165 was HELD in Committee for further consideration.             
                                                                               
 HOUSE BILL NO. 165                                                            
                                                                               
      "An Act making and amending capital and other appropriations             
      and to capitalize funds; and providing for an effective date."           
                                                                               
 Co-Chair Hanley provided members with spreadsheets by the                     
 Legislative Finance Division showing project funding and statewide            
 agency totals and a letter from the Office of Management and                  
 Budget, dated 4/4/97, (copy on file).                                         
                                                                               
 ANNALEE MCCONNELL, DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET,                 
 OFFICE OF THE GOVERNOR stated that the Administration focused on              
 state appropriations that would leverage federal or other dollars.            
 She noted that the general fund match appears to be $28.9 million             
 dollars.  She explained that $4.5 million dollars from Alaska                 
 Industrial Development and Export Authority (AIDEA) dividends were            
 also applied to the federal airport match.  In addition, a $1.5               
 million dollar reappropriation will be used to match federal                  
 dollars.  She concluded that $35 million dollars of the capital               
 project proposal will leverage federal funds.  The state will                 
 receive an additional federal match for water and sewer projects.             
 She stressed that half of the CIP proposal will be matched by                 
 federal funds.                                                                
                                                                               
 Ms. McConnell observed that Alaska Housing Finance Corporation                
 (AHFC) receipts were used in FY 97 for water and sewer projects               
 that principally affect residential areas.  The FY 98 request also            
 includes funding from AHFC corporate receipts.  She noted that one            
 time federal funding is available in FY 98 for drinking water.                
 This funding will be used for grants to medium and larger                     
 communities and to expand grants in small communities.                        
                                                                               
 Ms. McConnell discussed the $16 million dollar AHFC dividend.  She            
 observed that the Administration used the dividend dollars for                
 economic development projects in order to reinvestment the state's            
 original investment.  She noted that the Majority has proposed to             
 deposit the dividend into the General Fund.  She acknowledged that            
 the Administration also considered depositing the dividend into the           
 General Fund.  The Administration concluded that, without AIDEA               
 funding, economic develop projects would be below the level the               
 Administration thought was needed.  She stressed that life and                
 safety issues receive priority.  She maintained that economic                 
 development projects would come to a "screeching halt" without the            
 AHFC dividend.                                                                
                                                                               
 Ms. McConnell stated that the loss of $16 million AHFC dividend               
 dollars, to the General Fund, would be offset by an increase in oil           
 revenues and a $28 million dollar savings from refinancing the                
 State Mortgage Insurance Fund.  The Administration's plan uses $5             
 million dollars from the State Mortgage Insurance Fund to match               
 federal drinking water money.  The remainder could go into the                
 General Fund.                                                                 
                                                                               
 Ms. McConnell provided members with a list of projects that were              
 proposed but not included in the supplemental budget (copy on                 
 file).  She maintained that these projects should be contained in             
 the capital budget.  She identified appropriations for additional             
 items that were not included.  An appropriation to pay Cleary fines           
 was not included in HB 113 or SB 83.  She observed that funding for           
 the Fairbanks Youth Center's security improvements was not included           
 in SB 83.  Funding for emergency communications equipment was not             
 included.  An appropriation for the Old Eagle school site building            
 removal was included in HB 113 but not in SB 113.  Funding for the            
 Sitka Training Academy was not included in either bill.                       
                                                                               
 Ms. McConnell referred to the capital matching grant program.  She            
 provided the Committee with a memorandum, dated 4/4/97 amending the           
 program (copy on file).                                                       
                                                                               
 Ms. McConnell noted that after three years of relatively small                
 capital budgets the pressure on available funding is pretty                   
 intense.  She maintained that the Administration's proposal only              
 accommodates basic needs.                                                     
                                                                               
 In response to a question by Representative Foster, Ms. McConnell             
 explained that the priority system used in evaluating school                  
 projects has been reviewed.  Modifications and clarifications on              
 the point system were made.  She emphasized that the number of                
 appeals to the priority list have been reduced.                               
                                                                               
 Co-Chair Hanley asked for a copy of the priority list.  Ms.                   
 McConnell clarified that the only adjustment to the priority list             
 was a bulk fuel system upgrade on the North Slope.  The full state            
 amount would be $6 million dollars.  This amount was reduced to               
 $500 thousand dollars.  This is a reimbursement for payments that             
 have been and are entitled to reimbursement under state law.                  
                                                                               
 Representative Martin referred to requests by the Exxon Valdez                
 Trust Council that have come before the Legislative Budget and                
 Audit Committee.  He emphasized that the total legislative body               
 should consider these requests.  Ms. McConnell responded that the             
 process works throughout the year.  These projects have been added            
 to the back section.  She stressed that there needs to be some                
 flexibility.                                                                  
                                                                               
 Co-Chair Hanley summarized that projects should be included, when             
 they can, in the full operating budget.                                       
                                                                               
 Ms. McConnell noted that the municipal matching grant program is              
 funded at the same level as FY 97, $15 million dollars.  The bulk             
 of the funding goes to incorporated communities.  All projects that           
 have the appropriate backup are included.  She noted that there are           
 some changes as requested by communities.  She stressed that                  
 legislators receive copies of requests in their districts.                    
 Requests are not edited by the Office of Management and Budget.               
 Funds can be retained in a community's account until a specific               
 project request is developed.                                                 
                                                                               
 Co-Chair Hanley summarized that communities decide how to spend the           
 funding, providing the requirements have been met.                            
                                                                               
 THOMAS BRIGHAM, DIRECTOR, DIVISION OF STATE PLANNING, DEPARTMENT OF           
 TRANSPORTATION AND PUBLIC FACILITIES noted that Senator Stevens               
 spoke in regards to the reauthorization of the Intermodal Surface             
 Transportation Act (ISTEA).  Senator Stevens stated that an                   
 expansion of ISTEA from $20 to $26 billion dollars a year is not              
 sufficient.  Mr. Brigham noted that the state could receive an                
 additional $60 million federal dollars for surface transportation             
 projects.                                                                     
                                                                               
 Ms. McConnell noted that the Administration estimated the general             
 fund match for the federal highway program at $25.5 million                   
 dollars.  She noted that $25.5 million dollars would not be                   
 sufficient to cover the required match if additional federal                  
 funding is acquired.  She suggested intent language be included to            
 clarify that a supplemental request will be submitted if additional           
 federal funding is available.                                                 
                                                                               
 Co-Chair Hanley asked if $25.5 million dollars covers the over-               
 authorization.  He questioned how much of this amount would fund              
 non-conforming items, that the federal government will not fund.              
                                                                               
 In response to a question by Representative Martin, Mr. Brigham               
 explained that there are no dollars associated with over-                     
 authorization.  He noted that more than $200 million dollars in old           
 authorization has been taken off the books.                                   
                                                                               
 Mr. Brigham provided members with a flow chart of the Statewide               
 Transportation Improvement Program (STIP) process (copy on file).             
 He reviewed the flow chart.  He observed that the statewide plan is           
 required by federal law.  The program is broken into three parts,             
 the National Highway System (NHS), the Community Transportation               
 Program (CTP), and Trails and Recreational Access (TRAAK).  He                
 noted that NHS projects deal with major roadways.  Roads are                  
 evaluated and prioritized based on grade, alignment, capacity and             
 constraints.  The program was developed to upgrade all routes                 
 within two federal transportation cycles (12 years).                          
                                                                               
 Mr. Brigham noted that CTP and TRAAK requests are nominated by                
 local governments, agencies and other groups.  The are collected              
 and scored.  Scores are published in the STIP.  These projects are            
 not edited.  The list is subject to public review.  He observed               
 that in Anchorage, AMATS has a parallel process that is folding               
 into the STIP.  The STIP is compared to the existing legislative              
 authority.                                                                    
                                                                               
 Co-Chair Hanley referred to page 19, line 26.  Ms. McConnell                  
 clarified that this item appropriates $2.5 million dollars in AIDEA           
 corporate receipts to the Corps of Engineers Program.  Co-Chair               
 Hanley noted that the appropriation may be allocated among the                
 projects listed in the bill.  Legislative intent states that the              
 Department of Transportation and Public Facilities may request a              
 fiscal year 1998 supplemental if the amount of funds secured in the           
 federal budget require state matching funds in excess of this                 
 appropriation.                                                                
                                                                               
 Ms. McConnell explained that the list includes projects that are              
 currently in the President's budget or are likely to be funded if             
 there is federal funding available.  She stressed that the federal            
 process is early and it is unknown which projects will be funded.             
 She observed that communities are encouraged to provide a local               
 match.  She stated that a more accurate estimate may be available             
 before the legislation is enacted.                                            
                                                                               
 Co-Chair Hanley observed that the projects require a $6.7 million             
 dollar state match.  He expressed concern that the list creates a             
 huge expectation on the part of communities.  Ms. McConnell                   
 stressed that communities are aware that the match is not                     
 sufficient to cover all the listed projects.  She stressed that               
 this is a message to communities that they have to help as much as            
 they can.  She maintained that communities know that the                      
 supplemental budget is extremely tight.  She noted that projects              
 that are not going to make it through the federal process will be             
 dropped off.  She asserted that some communities are researching              
 ways to increase their share.                                                 
                                                                               
 Co-Chair Hanley expressed concern with the process.  He was not               
 sure that he was willing to commit to approving a supplemental if             
 additional federal funding is available.                                      
                                                                               
 Ms. McConnell clarified that if communities supply the match the              
 state does not have to do anything.  She noted that the                       
 Administration has talked to communities about establishing a                 
 process that would require a local match.  She emphasized the need            
 to develop criteria for local contribution.  She observed that                
 federal dollars go straight to the communities.                               
                                                                               
 Representative Martin referred to the Ocean Dock Road in Anchorage.           
 Mr. Brigham noted that the Ocean Dock Road project is currently in            
 design.  Funding for the project will begin in the next fiscal                
 year.                                                                         
                                                                               
 Co-Chair Hanley asked for an estimation of federal funds that were            
 not received in FY 97.  Mr. Brigham clarified that the shortfall in           
 federal funding for FY 97 was considered in the FY 98 request.  The           
 authorization requested is $151 million dollars.  The state                   
 anticipates receiving $179 million dollars.  There was a $28                  
 million dollar shortfall in FY 97.  The authority still exists for            
 the amount under-funded in FY 97.  Mr. Brigham noted that the                 
 Department was under-funded in FY 97.                                         
                                                                               
 NANCY SLAGLE, DIRECTOR, ADMINISTRATIVE SERVICES, DEPARTMENT OF                
 TRANSPORTATION AND PUBLIC FACILITIES explained that the match                 
 requirement varies for projects listed in the Corps of Engineer               
 program.  She noted that all of the projects are based on a local             
 match equal to the state match.                                               
                                                                               
 Co-Chair Hanley requested more information regarding local and                
 state match requirements.  He expressed concern that projects may             
 need to be prioritized for funding.                                           
                                                                               
 Mr. Brigham noted that projects are scored within the Department of           
 Transportation and Public Facilities.  Ms. McConnell explained that           
 only  projects that have a good chance of funding are listed.  The            
 projects are not prioritized.                                                 
                                                                               
 Mr. Brigham clarified that the Department scores projects and the             
 Corps of Engineers picks specific projects to fund.                           
                                                                               
 KEITH KELTON, DIRECTOR, DIVISION OF FACILITY CONSTRUCTION AND                 
 OPERATION, DEPARTMENT OF ENVIRONMENTAL CONSERVATION discussed the             
 funding relationships between state and federal dollars in the                
 Municipal Matching Grant Program and the Village Safe Water                   
 Program.  He provided members with a project summary (copy on                 
 file).  He explained that Congress re-authorized the Federal Safe             
 Drinking Water Act in August 1996.  He noted that Alaska's federal            
 allocation for FY 96 was $27 million dollars.  Alaska has to                  
 provided a 20 percent state match.  The state match for FY 97 is              
 $5,364,000 million dollars.  The state can use 30 percent of their            
 federal safe drinking water loan for direct grants to disadvantaged           
 communities.  The definition of "disadvantaged" was not determined.           
 The state's definition of "disadvantage" covers any community with            
 a population under 10,000.  He noted that the project summary lists           
 projects that were scored and ranked before the Federal Safe                  
 Drinking Water Act renewed funding for the state through the                  
 Environmental Protection Agency (EPA).  He observed that projects             
 were organized to maximize federal funding.                                   
                                                                               
 Mr. Kelton stated that $7,821,000 million dollars has been                    
 earmarked for 10 drinking water grants to disadvantaged                       
 communities.  An additional $24,363 million dollars is available              
 for loans and set-asides.  He emphasized that this is a one time              
 opportunity.  He maintained that the grant level will optimize                
 funding and reduce the loan to a manageable size.                             
                                                                               
 In response to a question by Representative Kelly, Mr. Kelton                 
 observed that all municipalities are eligible for the loan program.           
 Anchorage receives 30 to 40 percent of the state's Waste Water                
 Program.                                                                      
                                                                               
 In response to a question by Co-Chair Hanley, Mr. Kelton clarified            
 that 30 percent of the funding can be used for grants under the               
 federal program.                                                              
                                                                               
 Mr. Kelton discussed the criteria for project scoring.  He noted              
 that public health, environmental concerns, readiness to proceed,             
 operation and maintenance, and other federal funds are considered.            
 Communities are given application packets around the end of                   
 October.  He noted that the Clean Drinking Water Act authorizes               
 several set-asides.  There is a 4 percent administrative set-aside.           
 No money has been used from this set-aside due to the state match             
 requirement.  He anticipated that some general fund dollars will be           
 replaced in the next year.                                                    
                                                                               
 Representative Mulder referred to the Tentative Use Plan.                     
                                                                               
 Mr. Kelton discussed the Village Safe Water Program.  He referred             
 to the project summary (copy on file).  He observed that the Rural            
 Development Administration (RDA) has $7,505 million dollars                   
 available for state projects.  The money is not received or                   
 expended by the state.  The money is only available if the state              
 provides a match.  The money goes directly to the communities.                
 Water, waste water and solid waste projects can be funded.  They              
 are limited to communities with an average family income of $42               
 thousand dollars.                                                             
                                                                               
 Mr. Kelton observed that the Legislature challenged Senator Stevens           
 and the federal government to come up with matching dollars for               
 rural sanitation.  Senator Stevens located $15 million federal                
 dollars for rural sanitation, which will be appropriated through              
 EPA.  The projects are matched by $8 million general fund dollars             
 and $14.6 million dollars in AHFC dividends.  The total                       
 state/federal funding for Village Safe Water projects is $43                  
 million dollars.  All but one project is totally matched by federal           
 dollars.  The Denali Borough's request cannot be funded through EPA           
 because the EPA cannot fund solid waste projects.  The Denali                 
 Borough's average family income is too high to qualify for RDA                
 funding.                                                                      
                                                                               
 In response to a question by Representative Martin, Mr. Kelton                
 explained that general funds in AHFC receipts can be used as the              
 state match.                                                                  
                                                                               
 Ms. McConnell clarified that projects were listed according to                
 their score. She added that the Administration considered other               
 uses of AHFC funds when deciding how much to put into the Village             
 Safe Water program.  Funding was based on the ability to maximize             
 leverage of federal dollars.  She noted that either general fund or           
 AHFC dollars could be used.  She emphasized that AHFC dividend                
 dollars were used for projects that have a relationship to housing.           
                                                                               
 Representative Martin expressed concern with the appropriation of             
 AHFC dividend dollars.  Ms. McConnell maintained that it is better            
 to address the highest priority projects.  She asserted that the              
 Administration's plan has kept with the overall mission of AHFC,              
 while considering where dollars are most needed regardless of the             
 funding source.                                                               
                                                                               
 Mr. Kelton clarified that projects are listed according to score              
 and ranking.  Feasibility studies and engineering analyses are not            
 scored.  These are funded to generate a more specific project scope           
 and cost summary for future work.  These appropriations are small.            
 He explained that the Department solicits projects from non-                  
 profits, communities, IRA councils, service districts and others.             
 Projects are ranked new annually.  He observed that there is no               
 federal match requirement.  He stressed that this is the first time           
 that almost all the projects have had a federal match.                        
                                                                               
 In response to a question by Co-Chair Hanley, Mr. Kelton explained            
 that EPA has made available funding for a demonstration project               
 administered by the Alaska Native Health Board.  The project                  
 evaluates alternative methods of improving the capacity of small              
 communities to provide operation and maintenance.  This is the                
 third year that this funding has been available.  The past two                
 years no state match was required.  This year a $500 thousand                 
 dollar state match is required.  This is the last year for the                
 project.                                                                      
                                                                               
 Ms. McConnell pointed out that there has been concern with the                
 ability of small communities to maintain investments of state and             
 federal dollars.  She reiterated that operation and maintenance is            
 a factor in the ranking process.  She clarified that the Alaska               
 Native Health Board is a private non-profit.                                  
                                                                               
 Co-Chair Hanley asked for more information regarding this                     
 appropriation.                                                                
                                                                               
 In response to a question by Representative Mulder, Mr. Kelton                
 clarified that this is the second year that funding has come from             
 AHFC dividends.  General funds were used in prior years.  The total           
 state participation has remained steady for the past 6 years.                 
                                                                               
 Representative Mulder expressed concern that the use of AHFC                  
 dividends is in conflict with the Majority's spending plan.  Ms.              
 McConnell reiterated the importance of funding the highest priority           
 projects.  She maintained that it is healthy to look at all funding           
 sources in order to decide the best mix and to maximize federal               
 funding.                                                                      
                                                                               
 HB 165 was HELD in Committee for further consideration.                       
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 The meeting adjourned at 3:15 p.m.                                            
**FIN104PM                                                                     

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