Legislature(1999 - 2000)

03/10/1999 01:35 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE FINANCE COMMITTEE                                                                                              
              MARCH 10, 1999                                                                                                    
                 1:35 P.M.                                                                                                      
                                                                                                                                
TAPE HFC 99 - 44, Side 1                                                                                                        
TAPE HFC 99 - 44, Side 2                                                                                                        
                                                                                                                                
CALL TO ORDER                                                                                                                   
                                                                                                                                
Co-Chair Mulder called the House Finance Committee meeting                                                                      
to order at 1:35 p.m.                                                                                                           
                                                                                                                                
PRESENT                                                                                                                         
                                                                                                                                
Co-Chair Therriault   Representative G. Davis                                                                                   
Co-Chair Mulder    Representative Foster                                                                                        
Representative Austerman   Representative Kohring                                                                               
Representative Bunde   Representative Moses                                                                                     
Representative J. Davies   Representative Williams                                                                              
                                                                                                                                
Representative Grussendorf absent from the meeting.                                                                             
                                                                                                                                
ALSO PRESENT                                                                                                                    
                                                                                                                                
Dave Eberle, Department of Transportation and Public                                                                            
Facilities; Dennis Poshard, Legislative Liaison, Department                                                                     
of Transportation and Public Facilities; Kurt Parkan, Deputy                                                                    
Commissioner, Department of Transportation and Public                                                                           
Facilities; Annalee McConnell, Director, Office of                                                                              
Management and Budget, Office of the Governor; Robert Poe,                                                                      
Commissioner, Department of Administration; Deven Mitchel,                                                                      
Acting Debt Manager, Department of Revenue.                                                                                     
                                                                                                                                
TESTIFIED VIA THE TELECONFERENCE NETWORK                                                                                        
                                                                                                                                
Rob Stapleton, Journal of Commerce, Anchorage; Ron Simpson,                                                                     
Airport Division Manager, Federal Aviation Administration,                                                                      
Anchorage; Morton Plumb, Anchorage International Airport,                                                                       
Anchorage.                                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                         
                                                                                                                                
HB 84 "An Act relating to international airports revenue                                                                        
bonds; and providing for an effective date."                                                                                    
                                                                                                                                
 HB 84 was HELD in Committee for further                                                                                        
consideration.                                                                                                                  
                                                                                                                                
HB 95 "An Act making and amending appropriations under                                                                          
art. IX, sec. 17(c), Constitution of the State of                                                                               
Alaska, from the constitutional budget reserve                                                                                  
fund; and providing for an effective date."                                                                                     
                                                                                                                                
HB 95 was HELD in Committee for further                                                                                         
consideration.                                                                                                                  
HOUSE BILL NO. 95                                                                                                               
                                                                                                                                
"An Act making and amending appropriations under art.                                                                           
IX, sec. 17(c), Constitution of the State of Alaska,                                                                            
from the constitutional budget reserve fund; and                                                                                
providing for an effective date."                                                                                               
                                                                                                                                
ANNALEE MCCONNELL, DIRECTOR, OFFICE OF MANAGEMENT AND                                                                           
BUDGET, OFFICE OF THE GOVERNOR presented the Committee with                                                                     
an update on the state FY99 cash flow situation. She                                                                            
observed that there is a three-day lag on the four-year                                                                         
historical average for cash in and cash disbursements. She                                                                      
stated that the state should be okay through March 25, 1999.                                                                    
The March 1, 1999 oil revenue update estimated that the                                                                         
state would need to draw $485 million dollars from the                                                                          
Constitutional Budget Reserve for FY99. The spring forecast                                                                     
will occur around April 1, 1999. She noted that the                                                                             
additional $200 million dollar draw authorized by the                                                                           
supplemental might not be sufficient to get through the end                                                                     
of the year. She observed that the final numbers could shift                                                                    
even after the Legislature adjourns. She recommended that                                                                       
the Constitutional Budget Reserve amount be sufficient to                                                                       
cover items that occur at the end of the fiscal year. Funds                                                                     
were identified in the order that they would be swept from                                                                      
General Fund sub-accounts, such as the Railbelt Energy Fund                                                                     
and the Municipal Matching Grant Fund.                                                                                          
                                                                                                                                
Co-Chair Mulder asked if $485 million dollars would cover                                                                       
the year. Ms. McConnell clarified that this amount is based                                                                     
on the March 1, 1999 update. She noted that the additional                                                                      
draw is due to lower production forecasts. The price update                                                                     
is slightly higher than forecasted. She emphasized that                                                                         
there needs to be room to maneuver in case prices drop in                                                                       
June.                                                                                                                           
                                                                                                                                
Representative J. Davies clarified that the interest                                                                            
earnings were included. Ms. McConnell explained that the                                                                        
vote covers both the principle and the interest. The                                                                            
projections of how much additional money is needed take into                                                                    
account the interest earnings on the Constitutional Budget                                                                      
Reserve.                                                                                                                        
                                                                                                                                
Ms. McConnell estimated that there would be another                                                                             
calculation in early May. The amount depends on timing of                                                                       
tax payments in and school district payments out. The spring                                                                    
forecast will occur in early April.                                                                                             
                                                                                                                                
HB 95 was HELD in Committee for further consideration.                                                                          
HOUSE BILL NO. 84                                                                                                               
                                                                                                                                
"An Act relating to international airports revenue                                                                              
bonds; and providing for an effective date."                                                                                    
                                                                                                                                
KURT PARKAN, DEPUTY COMMISSIONER, DEPARTMENT OF                                                                                 
TRANSPORTATION AND PUBLIC FACILITIES testified in support of                                                                    
HB 84. He observed that the department is not requesting                                                                        
additional funds. He clarified that they are requesting an                                                                      
additional $25 million dollars in bonding authority for the                                                                     
airport redevelopment project. The authority would provide                                                                      
cash flow opportunities to meet the construction schedule on                                                                    
the airport redevelopment project. He gave a brief history                                                                      
of the project. He noted that the airport terminal project                                                                      
was presented to the airlines for a vote. The airlines voted                                                                    
to authorize up to $235 million dollars in bond authority.                                                                      
The Department of Transportation and Public Facilities set a                                                                    
price tag of $230 million dollars for the project. This is                                                                      
still the projected project cost. The department presented                                                                      
the Legislature with a request for $204 million dollars in                                                                      
bond authority. There would be finance charges in addition                                                                      
to the $204 million dollars, which would bring the total                                                                        
project cost to $230 million dollars. The department                                                                            
submitted an application to the Federal Aviation                                                                                
Administration (FAA) for a letter of intent (LOI). This is a                                                                    
request for federal discretionary dollars to help with the                                                                      
cost of the project. The Legislature reduced the request                                                                        
from $204 million dollars to $179 million dollars and                                                                           
directed the Department of Transportation and Public                                                                            
Facilities to seek the additional $25 million dollars                                                                           
through federal funds. The department was successful in                                                                         
receiving and additional $25 dollars in federal funding                                                                         
through a LOI with the FAA. The federal dollars will be                                                                         
received over a ten-year period. The department needs to                                                                        
have the money over the next four years to complete the                                                                         
project. The department also received funds for some other                                                                      
non-terminal related projects. The department is requesting                                                                     
bond authority to meet cash flow requirements. He explained                                                                     
that the LOI is a commitment of the federal government to                                                                       
appropriate the money over the next ten years. The money is                                                                     
needed to finish the project within four years. House Bill                                                                      
84 would authorize the department to sell bonds to borrow                                                                       
money and allow the project to be done on time. The federal                                                                     
money would be used to pay back the bonds.                                                                                      
                                                                                                                                
In response to a question by Representative Austerman, Mr.                                                                      
Parkan explained that the total bond package includes                                                                           
existing bonds related to the airport parking structure.                                                                        
                                                                                                                                
Representative Bunde asked if the increased debt service                                                                        
would result in cost overruns. Mr. Parkan responded that the                                                                    
original proposal included debt service. The amount would                                                                       
remain the same.                                                                                                                
                                                                                                                                
Representative Bunde questioned if there were discussions                                                                       
between small and large airlines in regards to support of                                                                       
the project. Mr. Parkan felt that most of the small carriers                                                                    
were in support of the project.                                                                                                 
                                                                                                                                
Representative Bunde asked what areas are increasing in                                                                         
costs and what will be scaled back to prevent cost overruns.                                                                    
                                                                                                                                
Mr. Parkan emphasized that the intent is to keep the project                                                                    
at the $230 million dollar price tag.                                                                                           
                                                                                                                                
Co-Chair Mulder observed that the supplemental bill (HB 100)                                                                    
was amended to add "north" to the south terminal repairs.                                                                       
Mr. Parkan explained that the department received approval                                                                      
from the airlines and authorization from the Legislature for                                                                    
some work on the south terminal. The work is being                                                                              
transferred to the north terminal. The intent of the Airline                                                                    
Affairs Executive Committee was to take it to the full                                                                          
Airlines Affairs Signatory Group for their consideration.                                                                       
The request to the Legislature would be subject to a vote by                                                                    
the airlines. If it is not approved the request would be                                                                        
withdrawn.                                                                                                                      
                                                                                                                                
MORTON PLUMB, ANCHORAGE INTERNATIONAL AIRPORT, ANCHORAGE                                                                        
explained that the work would change the scope from the                                                                         
south to the north. He recalled that a jet gate was damaged                                                                     
in an accident. The repair would require them to dig up the                                                                     
apron. He explained that they would do other work that                                                                          
requires the apron to be dug up at the same time. The                                                                           
projects around the international terminal would be similar                                                                     
to the projects approved for the south terminal.                                                                                
                                                                                                                                
Mr. Parkan explained, in response to a question by Co-Chair                                                                     
Therriault, that the north terminal is the international                                                                        
terminal.                                                                                                                       
                                                                                                                                
Representative Foster referred to a article in the                                                                              
"Passenger Terminal World, Annual Technology Showcase Issue                                                                     
1999" (copy on file). He observed that the design features                                                                      
geological aspects of Alaska. He questioned if small                                                                            
carriers are being priced out of the building. Mr. Parkan                                                                       
stressed that the project costs have not increased since it                                                                     
was submitted to the airlines. The rates associated with the                                                                    
project were based on the original cost.                                                                                        
                                                                                                                                
Representative Foster asked if other businesses such as                                                                         
rental cars would be paying more for their space. Mr. Parkan                                                                    
stated that they would share in the project costs, but did                                                                      
not know the amount.                                                                                                            
                                                                                                                                
Representative Williams recalled that the air carriers                                                                          
recommended that the project proceed slowly. Mr. Parkan                                                                         
clarified that the department is working with the carriers                                                                      
on the project's schedule. He noted that the schedule is                                                                        
fairly aggressive so that the traveling public is not                                                                           
disrupted for too long a time.                                                                                                  
                                                                                                                                
Representative Williams recalled that the project was not                                                                       
entirely supported by the air carriers.                                                                                         
                                                                                                                                
Representative Foster observed that the airport is in an                                                                        
earthquake zone and asked if the project would be built to                                                                      
code. Mr. Parkan responded that everything would be built to                                                                    
code. He observed that while the architectural design                                                                           
reflects elements of Alaska, the project has been cost to                                                                       
stay within their budget. Representative Foster stated that                                                                     
he would like to hear from the airlines.                                                                                        
                                                                                                                                
Representative Austerman asked for more information                                                                             
regarding the fees. He observed that there has been                                                                             
discussion of an additional $3 dollar fee for travelers                                                                         
flying from Kodiak to Anchorage. Mr. Parkan responded that                                                                      
the terminal is divided into exclusive use and common use                                                                       
areas. Exclusive use areas are paid by the airline that uses                                                                    
them. The common use area is divided among all the users.                                                                       
Rental car vendors and food concessionaires have rates based                                                                    
on their space use. He noted that the airlines are the                                                                          
primary supporters of the project costs. The cargo carriers,                                                                    
through landing and fuel fees, are the principle payers of                                                                      
the airlines. Landing fees are used for debt payment. He                                                                        
clarified that the $3 dollar passenger facility charge has                                                                      
been considered, but has not been implemented.                                                                                  
                                                                                                                                
Co-Chair Mulder asked if Senator Stevens is working on a                                                                        
bill that would exempt rural communities from passenger                                                                         
facility charges. Mr. Parkan stated that there were                                                                             
provisions in both versions of the congressional                                                                                
legislation. Communities that are not connected to a road                                                                       
system and have populations under 10,000 would be exempted                                                                      
if the federal amendment were adopted. Communities that are                                                                     
connected by road and fly from Anchorage would pay a three-                                                                     
dollar fee. Kenai, Homer, Juneau, Fairbanks and Kodiak would                                                                    
be among those that would pay the fee. Mr. Parkan stated                                                                        
that the Department of Transportation and Public Facilities                                                                     
decided that they would not go forward with their                                                                               
application for a passenger facility charge at the Anchorage                                                                    
International Airport without the exemption that recognizes                                                                     
Alaska's uniqueness.                                                                                                            
                                                                                                                                
Representative G. Davis asked if the Anchorage International                                                                    
Airport and the Administration are supporting and promoting                                                                     
the legislation in Washington. Mr. Parkan responded that                                                                        
they are supporting and promoting the legislation.                                                                              
                                                                                                                                
Representative Bunde observed that there would be some money                                                                    
coming in from the federal government to help with the debt                                                                     
service. He emphasized that the department has stated that                                                                      
there would not be cost overrides. Mr. Parkan noted that the                                                                    
cost has not risen in the last year. He emphasized that the                                                                     
department is closely scrutinizing costs.                                                                                       
                                                                                                                                
Co-Chair Therriault summarized that the bond authority is                                                                       
needed because the payments are coming over 10 years and it                                                                     
is a four-year project. He asked if bond authorization would                                                                    
be needed if the federal payments were received in a four-                                                                      
year period.                                                                                                                    
                                                                                                                                
DAVE EBERLE, PROGRAM DIRECTOR, GATEWAY ALASKA, DEPARTMENT OF                                                                    
TRANSPORTATION AND PUBLIC FACILITIES responded that the LOI                                                                     
payments from the federal government include other projects.                                                                    
He explained that LOI receipts for the first several years                                                                      
would go to the runway reconstruction project. LOI funds                                                                        
would not be available for the terminal redevelopment                                                                           
project until other projects are supported. He observed that                                                                    
the other projects are necessary for terminal redevelopment.                                                                    
He noted that the aprons need to be enhanced along with the                                                                     
concourses.                                                                                                                     
                                                                                                                                
Co-Chair Therriault asked if it is necessary to bond for the                                                                    
entire amount.                                                                                                                  
                                                                                                                                
Mr. Parkan noted that 2002 is the first year that LOI funds                                                                     
would go to the terminal project. The final completion of                                                                       
the project is scheduled for the year 2004. He stated that                                                                      
the money is needed before the department puts the project                                                                      
to contract.                                                                                                                    
                                                                                                                                
(Tape Change, HFC 99 - 44, Side 2)                                                                                              
                                                                                                                                
Mr. Parkan explained that the LOI is a letter of intent to                                                                      
pay discretionary dollars over a certain period of time. It                                                                     
is subject to congressional appropriation every year. The                                                                       
FAA is telling the Department of Transportation and Public                                                                      
Facilities that if Congress gives them the money that they                                                                      
expect to get every year then the state will get a piece.                                                                       
                                                                                                                                
Co-Chair Therriault questioned what would happen if Congress                                                                    
did not appropriate the funding each year.                                                                                      
                                                                                                                                
Mr. Parkan stated that carriers would be responsible for                                                                        
paying the debt.                                                                                                                
                                                                                                                                
DEVEN MITCHELL, ACTING DEBT MANAGER, DEPARTMENT OF REVENUE                                                                      
explained that the bonds would be structured with a 25-year                                                                     
maturity, so that in the event that there was non-payment,                                                                      
there would not be an undue burden placed on the airport.                                                                       
The expectation would be that the LOI funds would be used                                                                       
for debt service.                                                                                                               
                                                                                                                                
Representative Foster asked if 1-percent for art would apply                                                                    
to the project. Mr. Parkan noted that 1-percent for art                                                                         
would apply only to the actual construction cost of the                                                                         
terminal portion of the project. The 1-percent for art would                                                                    
apply to $1 million dollars of the project. Representative                                                                      
Foster asked if architectural elements could be applied to                                                                      
the 1-percent for art requirement. Mr. Parkan responded that                                                                    
there might be some architectural elements that could be                                                                        
applied to meeting the 1-percent for art requirement.                                                                           
                                                                                                                                
In response to a question by Representative G. Davis, Mr.                                                                       
Parkan explained that the repairs to the north runway are                                                                       
needed as a result of an accident. This is a separate                                                                           
project.                                                                                                                        
                                                                                                                                
Co-Chair Therriault asked for more information regarding                                                                        
what can qualify as part of the 1-percent for art. He asked                                                                     
if any of the building aspects could be considered. He noted                                                                    
that the building is artistically pleasing.                                                                                     
                                                                                                                                
Representative J. Davies stressed that the state of Alaska                                                                      
should build attractive public buildings. Co-Chair                                                                              
Therriault noted that the Fairbanks airport is functional.                                                                      
                                                                                                                                
Representative Foster emphasized that the traveling public                                                                      
pays the additional cost. He noted the high cost of                                                                             
traveling in rural areas of the state.                                                                                          
                                                                                                                                
Representative G. Davis asked what would happen if the                                                                          
funding authorization were not approved. Mr. Parkan                                                                             
emphasized that the federal funds are committed. If a                                                                           
portion of the LOI were not used the money would be returned                                                                    
to the federal government. Representative G. Davis noted                                                                        
that user fees could be increased to pay for the project.                                                                       
                                                                                                                                
Mr. Mitchell stated that there is a five-year limitation on                                                                     
the tax-free bonds. The bonds would become taxable after                                                                        
five years.                                                                                                                     
                                                                                                                                
In response to a question by Representative Austerman, Mr.                                                                      
Parkan explained that they are in the process of drafting an                                                                    
application for passenger facility charges at the Anchorage                                                                     
International Airport. He stated that the application would                                                                     
only be pursued if the exemptions for rural communities that                                                                    
are not connected to the road system and have a population                                                                      
of less then 10,000 were approved. Projects must be                                                                             
identified before the federal government will approve the                                                                       
charge. He noted that a portion of the passenger facility                                                                       
charge could go to the terminal project. The estimated they                                                                     
would receive $3 million dollars at the Anchorage Airport                                                                       
from the additional $3 dollar fee. The fees would be                                                                            
collected until the portion that was identified for use on                                                                      
specified projects has been reached. It is possible to                                                                          
continue the tax by submitting additional applications. The                                                                     
tax could be spent at any state owned airport. It is not the                                                                    
Department of Transportation and Public Facilities intent to                                                                    
spend the revenues in areas outside of their collection.                                                                        
There are restrictions on the use of the fee. A passenger                                                                       
facility charge can be collected on projects that qualify                                                                       
for federal FAA funding. Passenger facility charges are not                                                                     
generally used for projects that qualify for discretional                                                                       
dollars.                                                                                                                        
                                                                                                                                
Co-Chair Therriault asked if passenger facility charges                                                                         
could be used for the general fund match requirement on                                                                         
roads leading up to the airport. Mr. Parkan did not think                                                                       
that they could be used for the match requirement because                                                                       
the project would not qualify for federal FAA funds.                                                                            
                                                                                                                                
Co-Chair Mulder asked if there are airports that are not                                                                        
state owned.  Mr. Parkan responded that the state does not                                                                      
own airports in Juneau, Kenai, and some small fields in the                                                                     
North Slope Borough. He explained that Ketchikan is owned by                                                                    
the state, but operated by the city of Ketchikan through a                                                                      
lease agreement. Ketchikan has implemented a passenger                                                                          
facility charge. Fees are not charged on flights that stop,                                                                     
but continue as the same flight. He noted that the only                                                                         
other state that owns most of their airports is Hawaii.                                                                         
Municipalities or authorities own most airports.                                                                                
                                                                                                                                
Representative G. Davis added that the state does not own                                                                       
the Soldtna airport. He suggested that the city of Soldtna                                                                      
would be interested in transferring ownership to the state.                                                                     
                                                                                                                                
In response to a question by Co-Chair Therriault, Mr. Parkan                                                                    
described the application process for collecting passenger                                                                      
facility charges. Mr. Parkan explained that it takes                                                                            
approximately six to nine months for the application                                                                            
process. The airport sponsor identifies the projects that                                                                       
they want to have funded. Then there is a consultation                                                                          
meeting with the airlines and they comment on the projects.                                                                     
The application is then given to the FAA. There are public                                                                      
comment periods throughout the process. The FAA informs the                                                                     
applicant if their application is accepted and if any                                                                           
exemptions are approved.                                                                                                        
                                                                                                                                
In response to a question by Co-Chair Therriault, Mr. Parkan                                                                    
explained that in a scenario involving a flight from Juneau                                                                     
to Seattle and Portland, that Juneau and Seattle would                                                                          
collect three dollars each. The collection occurs when the                                                                      
passenger boards. It is capped to six dollars. The fee is                                                                       
collected on the last two airports that the passenger gets                                                                      
on for the return. Portland and Seattle would collect the                                                                       
fee on the return.                                                                                                              
                                                                                                                                
Co-Chair Therriault observed that if the plane also stopped                                                                     
in Ketchikan and the flight changed that Seattle and                                                                            
Ketchikan would collect the fee.                                                                                                
                                                                                                                                
Representative Austerman asked why exemptions would be                                                                          
given. Mr. Parkan stated that the exemptions allow for                                                                          
unusual circumstances. He explained that there is an                                                                            
exemption for carriers that receive less than one-percent of                                                                    
the total implanements at an airport. Juneau has exemptions                                                                     
based on the fact that it is a community with central air                                                                       
carriers. Ketchikan has no exemptions.                                                                                          
                                                                                                                                
HB 84 was HELD in Committee for further consideration.                                                                          
ADJOURNMENT                                                                                                                     
                                                                                                                                
The meeting adjourned at 2:55 p.m.                                                                                              
House Finance Committee 9 3/10/99                                                                                               

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