Legislature(2015 - 2016)SENATE FINANCE 532

03/16/2015 09:15 AM Senate FINANCE

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Audio Topic
09:18:05 AM Start
09:18:30 AM SB26
09:19:25 AM Overview: Fy 16 Budget Department of Fish and Game
09:32:46 AM Overview: Fy 16 Budget Department of Education and Early Development
10:21:59 AM Overview: Fy 16 Budget Department of Labor and Workforce Development
10:47:07 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Presentation: Overview FY17 Operating Budget
+= SB 26 BUDGET: CAPITAL TELECONFERENCED
Heard & Held
+ Departments: Fish and Game, Education and Early TELECONFERENCED
Development, Labor and Workforce Development
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                      March 16, 2015                                                                                            
                         9:18 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:18:05 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  MacKinnon  called  the  Senate  Finance  Committee                                                                    
meeting to order at 9:18 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Peter Micciche, Vice-Chair                                                                                              
Senator Click Bishop                                                                                                            
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Sam  Cotten,  Commissioner,  Department of  Fish  and  Game;                                                                    
Kevin Brooks,  Deputy Commissioner,  Department of  Fish and                                                                    
Game;  Mike Hanley,  Commissioner,  Department of  Education                                                                    
and Early Development; Heidi  Teshner, Director, Division of                                                                    
Administrative Services,  Department of Education  and Early                                                                    
Development; Elizabeth  Nudelman, Director,  School Finances                                                                    
and   Facilities,   Department   of  Education   and   Early                                                                    
Development;  Heidi  Drygas,   Commissioner,  Department  of                                                                    
Labor and  Workforce Development; Paloma  Harbour, Director,                                                                    
Division  of Administrative  Services,  Department of  Labor                                                                    
and Workforce Development;                                                                                                      
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 26     BUDGET: CAPITAL                                                                                                       
                                                                                                                                
          SB 26 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
FY 16 BUDGET OVERVIEWS:                                                                                                         
                                                                                                                                
          DEPARTMENT OF FISH and GAME                                                                                           
          DEPARTMENT OF LABOR and WORKFORCE DEVELOPMENT                                                                         
          DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT                                                                         
                                                                                                                                
9:18:30 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon discussed housekeeping.                                                                                      
                                                                                                                                
9:19:16 AM                                                                                                                    
                                                                                                                                
SENATE BILL NO. 26                                                                                                            
                                                                                                                                
     "An  Act   making  appropriations,   including  capital                                                                    
     appropriations   and   other   appropriations;   making                                                                    
     appropriations to  capitalize funds; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
^OVERVIEW: FY 16 BUDGET DEPARTMENT OF FISH and GAME                                                                           
                                                                                                                                
9:19:25 AM                                                                                                                    
                                                                                                                                
SAM COTTEN, COMMISSIONER, DEPARTMENT OF FISH AND GAME,                                                                          
testified that the three capital requests were an effort to                                                                     
capture the $3 to $1 matching federal funds.                                                                                    
                                                                                                                                
9:19:57 AM                                                                                                                    
                                                                                                                                
KEVIN BROOKS,  DEPUTY COMMISSIONER,  DEPARTMENT OF  FISH AND                                                                    
GAME,  explained that  the three  projects totaled  $15.250:                                                                    
$13.875,  federal;  $1.250,  general fund  match;  $125,000,                                                                    
Fish and Game funds.                                                                                                            
                                                                                                                                
Mr.Brooks spoke to the first project:                                                                                           
                                                                                                                                
     RN 60594                                                                                                                   
     $11,750,000                                                                                                                
     Wildlife Management, Research and Hunting Access                                                                         
                                                                                                                                
     Brief Summary and Statement of Need:                                                                                     
     The department proposes a multi-year appropriation                                                                         
     approach    to    designate   significant    short-term                                                                    
     investments in  the wildlife  management infrastructure                                                                    
     to  use  a  dramatic   increase  in  available  federal                                                                    
     Pittman  Robertson  Wildlife Restoration  funding.  The                                                                    
     multi-year appropriation will  enable the department to                                                                    
     plan  for targeted  wildlife  management, mapping,  and                                                                    
     hunter access improvements.                                                                                                
     The department  will create  grant agreements  with the                                                                    
     U.S. Fish and Wildlife Service through the                                                                                 
     Wildlife  Restoration  program. The  following  program                                                                    
     guidelines authorize  this project  initiative: restore                                                                    
     and  manage wildlife  for the  benefit  of the  public;                                                                    
     build  structures  or  acquire  equipment,  goods,  and                                                                    
     services to provide public access  for hunting or other                                                                    
     wildlife-oriented recreation; obtain  data to guide and                                                                    
     direct the regulation of hunting.                                                                                          
                                                                                                                                
     Project Description/Justification:                                                                                       
     The  department  has  been  apportioned  a  significant                                                                    
     increase in federal  funding from the Pittman-Robertson                                                                    
     (PR)  program. There  are  two  subprograms within  PR,                                                                    
     Wild  life   Restoration  and  Hunter   Education.  The                                                                    
     Wildlife  Restoration subprogram  is primarily  used to                                                                    
     restore  and manage  wildlife for  the  benefit of  the                                                                    
     public. It cannot  be used for hunter  education or for                                                                    
     shooting  ranges; the  Hunter  Education subprogram  is                                                                    
     available for  those programs. Alaska  receives funding                                                                    
     through a formula based on  land mass and the number of                                                                    
     hunting  license holders.  Due to  the geographic  size                                                                    
     alone, Alaska  receives the maximum of  five percent of                                                                    
     the  yearly gross  receipts  for Wildlife  Restoration.                                                                    
     The  Wildlife Restoration  subprogram, 20  to 25  times                                                                    
     larger  than  Hunter  Education, derives  its  receipts                                                                    
     from  federal  excise  taxes   on  the  manufacture  of                                                                    
     handguns,   long   guns,    ammunition,   and   archery                                                                    
     equipment. For  long guns  and ammunition,  100 percent                                                                    
     of the national  gross receipts are set  aside for this                                                                    
     program  and  50  percent  from  handguns  and  archery                                                                    
     equipment.  Sales nationwide  on these  items increased                                                                    
     dramatically  over the  past twelve  to fifteen  months                                                                    
     and consistently over the past  seven years. Over seven                                                                    
     years the program has increased  nationwide by over 230                                                                    
     percent.  A  25 percent  match  is  required from  non-                                                                    
     federal sources  to access funds and  the division must                                                                    
     obligate and  expend additional  funding as  it becomes                                                                    
     available.  This  appropriation  does not  request  the                                                                    
     full required  match. The  general fund  match included                                                                    
     will  be   used  to  initially  launch   federal  grant                                                                    
     agreements. Pursuit of other sources of non-federal                                                                        
     funding will be required to meet federal grant                                                                             
     management guidelines (75 federal / 25 match).                                                                             
                                                                                                                                
9:22:01 AM                                                                                                                    
                                                                                                                                
Co-Chair   MacKinnon  explained   that  the   committee  was                                                                    
searching  for   value  in   what  the   administration  was                                                                    
proposing  as  investments  in  general  fund  dollars.  She                                                                    
requested information  concerning any other source  of funds                                                                    
the department  might have outside  of general funds  to use                                                                    
as a match for the project.                                                                                                     
                                                                                                                                
Mr.  Brooks  replied  that  normally  within  the  operating                                                                    
component  for  wildlife,  DF&G funds  were  used  as  match                                                                    
funds.  He  said that  the  department  had currently  fully                                                                    
allocated  the revenue  derived  from  hunting licenses  and                                                                    
tags. He  opined that  the funding  options were  limited to                                                                    
general fund match and partnerships.                                                                                            
                                                                                                                                
9:23:02 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked for an  overview of the plans for the                                                                    
funding request in particular areas.                                                                                            
                                                                                                                                
Mr. Brooks related  that the focus of  this request included                                                                    
Hunter  Access, Sheep  Management Plan,  Wildlife Surveys  -                                                                    
Research   and   Genetics,   Data   Systems   for   Wildlife                                                                    
Management, and Digital Mapping.                                                                                                
                                                                                                                                
Senator  Dunleavy asked  whether there  was a  specific boat                                                                    
launch,  in  a  specific  locale, that  the  department  was                                                                    
looking to upgrade.                                                                                                             
                                                                                                                                
Mr.  Brooks replied  that boater  access  projects would  be                                                                    
discussed in the next request.                                                                                                  
                                                                                                                                
9:23:50 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  related that in a  previous overview the                                                                    
committee heard about a potential  purchase of a hunting and                                                                    
fishing property from a corporation.                                                                                            
                                                                                                                                
Mr. Brooks said he would follow-up on the issue.                                                                                
                                                                                                                                
Co-Chair MacKinnon  inquired about any fees  paid by out-of-                                                                    
state hunters who their game  out of the state. She wondered                                                                    
whether that was an available revenue source.                                                                                   
                                                                                                                                
Commissioner  Cotton  replied   that  legislation  had  been                                                                    
introduced that would address the issue.                                                                                        
                                                                                                                                
9:25:30 AM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche understood that  the capital request was                                                                    
for funding for five-years of the program.                                                                                      
                                                                                                                                
Mr. Brooks replied in the affirmative.                                                                                          
                                                                                                                                
9:26:17 AM                                                                                                                    
                                                                                                                                
Senator  Bishop inquired  whether  the  department would  be                                                                    
using drones in the sheep management program.                                                                                   
                                                                                                                                
Mr.  Brooks related  that there  had been  discussions about                                                                    
the issue  of drones. He said  that the aerial range  of the                                                                    
devices were being researched.                                                                                                  
                                                                                                                                
Senator Bishop asked about digital mapping.                                                                                     
                                                                                                                                
Mr. Brooks  stated that the  department was a member  of the                                                                    
Alaska Geospatial Council and that  the goal was to identify                                                                    
wildlife  populations that  would benefit  from the  digital                                                                    
mapping.                                                                                                                        
                                                                                                                                
Senator Bishop  requested an update  about funding  from the                                                                    
previous year that  had been used to purchase of  top of the                                                                    
line cameras to assist with wildlife population counts.                                                                         
                                                                                                                                
Mr.  Brooks  indicated  that  he   would  get  back  to  the                                                                    
committee with the information.                                                                                                 
                                                                                                                                
9:28:41 AM                                                                                                                    
                                                                                                                                
Mr. Brooks spoke to the next request:                                                                                           
                                                                                                                                
     RN 30432                                                                                                                   
     $3,000,000                                                                                                                 
     Sport Fish Recreational Boating and Angler Access                                                                        
                                                                                                                                
     Brief Summary and Statement of Need:                                                                                     
     This  project  allows the  Division  of  Sport Fish  to                                                                    
     continue  to construct  and upgrade  recreational power                                                                    
     boating and  sport fish angler access  facilities state                                                                    
     wide using  Sport Fish Restoration  apportionment funds                                                                    
     comprised  of  75  percent federal  assistance  and  25                                                                    
     percent non-federal match.  Federal regulations require                                                                    
     that 15  percent of the  annual Sport  Fish Restoration                                                                    
     (Dingell-Johnson/Wallop-Breaux               Amendment)                                                                    
     apportionment  be dedicated  to  projects that  benefit                                                                    
     recreational  power  boaters.   Projects  include  boat                                                                    
     launches,  mooring  floats,  parking  lots,  restrooms,                                                                    
     fish cleaning facilities, and other services.                                                                              
                                                                                                                                
     Project Description/Justification:                                                                                       
     Sport Fish  Restoration (SFR) funds require  a match of                                                                    
     one state dollar for every  three federal dollars, or a                                                                    
     state match  of 25 percent  of the total  project cost.                                                                    
     The  required  match  dollars are  an  investment  that                                                                    
     produces  an instant  threefold  return. Since  federal                                                                    
     SFR funds are derived from  excise taxes on the sale of                                                                    
     sport fishing  tackle, this capital  request is  a user                                                                    
     pay/user   benefit   approach   to   providing   access                                                                    
     facilities.  The  facilities   that  result  from  this                                                                    
     project improve recreational  boating and sport fishing                                                                    
     angler  access to  the fish  and wildlife  resources of                                                                    
     the state.  The Federal Assistance  in SFR Act  (16 USC                                                                    
     777-777k), also  known as  the Wallop-Breaux  / Dingell                                                                    
     Johnson  program  mandates  that   15  percent  of  the                                                                    
     federal funds  available to the state  be set-aside for                                                                    
     boating  access improvement  and development  projects.                                                                    
     The annual  amount of the  federal receipts  request is                                                                    
     based  on  a  set   five-year  15  percent  average  of                                                                    
     Alaska's   federal   apportionment    of   SFR   funds,                                                                    
     (currently covering  Federal FY2013-2017).  Any portion                                                                    
     of  the   15  percent  set-aside  for   boating  access                                                                    
     projects that is  unused reverts back to  the U.S. Fish                                                                    
     and  Wildlife  Service  and  is   lost  to  the  state;                                                                    
     therefore,  it  is  in the  state's  best  interest  to                                                                    
     utilize these funds.                                                                                                       
                                                                                                                                
     Sites  will be  selected  so that  all  regions of  the                                                                    
     state   receive  a   share   of   this  program.   Site                                                                    
     development   projects   will    be   accomplished   in                                                                    
     cooperation  with  local  government  units  and  other                                                                    
     state  agencies.  It has  been  the  experience of  the                                                                    
     department that  local communities are  very supportive                                                                    
     of better access facilities.                                                                                               
                                                                                                                                
     This  project will  provide some  new access  sites and                                                                    
     will  renovate  or upgrade  other  sites.  Many of  the                                                                    
     existing access sites throughout  the state have either                                                                    
     reached  the end  of their  useful life  and/or do  not                                                                    
     meet   current  standards.   These   sites  no   longer                                                                    
     adequately serve  the public and are  very expensive to                                                                    
     maintain. The facilities provided  by this project will                                                                    
     be designed for low maintenance  over a service life of                                                                    
     20  years. The  facilities will  also be  accessible to                                                                    
     users   with  disabilities   in  compliance   with  the                                                                    
     Americans with Disabilities Act.                                                                                           
                                                                                                                                
     User  fees can  be  established for  new and  renovated                                                                    
     facilities to  place them  on a  self-supporting basis.                                                                    
     User fees  will be charged  where feasible and  will be                                                                    
     used  to   offset  the  cost  of   site  operation  and                                                                    
     maintenance.  Under  federal   regulations,  user  fees                                                                    
     charged  at a  facility  developed  with federal  funds                                                                    
     must  be  used  for   the  operation,  maintenance,  or                                                                    
     improvement of  the facility. Fees collected  in excess                                                                    
     of actual site operation  and maintenance costs must be                                                                    
     credited  back to  the  federal  program. This  ensures                                                                    
     that the  users of the  facility benefit from  the fees                                                                    
     they pay.                                                                                                                  
                                                                                                                                
     Development  and   maintenance  of  sport   angler  and                                                                    
     recreational    boating     access    facilities    and                                                                    
     improvements  is  a  core  function  and  goal  of  the                                                                    
     Division  of  Sport Fish  Strategic  Plan.  One of  the                                                                    
     performance  measures  of  this  goal  is  to  complete                                                                    
     construction  of  a  total  of  five  priority  boating                                                                    
     access  projects  per year  over  a  five year  period.                                                                    
     Additional  and  enhanced recreational  boating  access                                                                    
     facilities are needed in order  to provide improved and                                                                    
     greater  sport   fishing  opportunity   throughout  the                                                                    
     state.                                                                                                                     
                                                                                                                                
Mr. Brooks said that a list of anticipated projects for                                                                         
2016 could be made available to the committee.                                                                                  
                                                                                                                                
9:29:44 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked whether the discussed boat launches                                                                      
would be new or existing.                                                                                                       
                                                                                                                                
Mr.  Brooks   replied  that  the  request   involved  fixing                                                                    
existing  launches and  building  new  ones; the  department                                                                    
received  the appropriation  annually,  and  then spread  it                                                                    
across launches throughout the state.                                                                                           
                                                                                                                                
9:30:41 AM                                                                                                                    
                                                                                                                                
Mr. Brooks continued to the final request:                                                                                      
                                                                                                                                
     RN AMD45482                                                                                                                
     $500,000                                                                                                                   
     Shooting Range Deferred Maintenance                                                                                      
                                                                                                                                
     Brief Summary and Statement of Need:                                                                                     
     The  Division of  Wildlife Conservation  operates three                                                                    
     shooting range  facilities; one  outdoor range  and two                                                                    
     indoor ranges.  The indoor ranges are  12-14 years old.                                                                    
     Repairs  to floors  and roofs  as well  as painting  is                                                                    
     anticipated in the  next few years.   The outdoor range                                                                    
     at  Rabbit  Creek  needs shooting  lane  coverings  and                                                                    
     electrical  upgrades.  Parking  facilities  often  need                                                                    
     repair due to climatic conditions.                                                                                         
                                                                                                                                
     Prior Funding History / Additional Information:                                                                          
     The department  will create  grant agreements  with the                                                                    
     U.S.  Fish  and  Wildlife Service  through  the  Hunter                                                                    
     Education  subprogram  of   Wildlife  Restoration.  The                                                                    
     following  program  guidelines authorize  this  project                                                                    
     initiative:  construct,  operate, or  maintain  firearm                                                                    
     and archery ranges for public use.                                                                                         
                                                                                                                                
     Project Description/Justification:                                                                                       
     The  department  has  been  apportioned  a  significant                                                                    
     increase in federal  funding from the Pittman-Robertson                                                                    
     (PR)  program.  There  are  two  subprograms,  Wildlife                                                                    
     Restoration and Hunter                                                                                                     
     Education. The Hunter  Education subprogram derives its                                                                    
     receipts from  federal excise taxes on  the manufacture                                                                    
     of handguns  and archery equipment.  50 percent  of the                                                                    
     national  gross   receipts  are  set  aside   for  this                                                                    
     program.  Alaska  receives  funding through  a  formula                                                                    
     based on state population.  This entitles Alaska to one                                                                    
     percent of  the yearly  gross receipts. This  amount of                                                                    
     funding  can   be  used  for  a   comprehensive  hunter                                                                    
     education   program   and/or    the   development   and                                                                    
     management of shooting ranges. A  3:1 match is required                                                                    
     from  non-federal  sources  to  access  funds  and  the                                                                    
     division  must obligate  and expend  additional funding                                                                    
     as   it  becomes   available.   The  appropriation   is                                                                    
     anticipated  to provide  a source  of  funding for  the                                                                    
     significant repairs needed to  facilities over the next                                                                    
     several years.  The department proposes an  approach to                                                                    
     designate  significant  short-term investments  in  the                                                                    
     program and  infrastructure of  shooting ranges  to use                                                                    
     the  significant  increase   in  available  PR  funding                                                                    
     dedicated   to   Hunter   Education.   The   multi-year                                                                    
     appropriation will enable  the department to distribute                                                                    
    funding for targeted repairs with assured funding.                                                                          
                                                                                                                                
9:31:42 AM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche  asked for a  list of the  three ranges,                                                                    
their locations, and which was the outdoor range.                                                                               
                                                                                                                                
Mr. Brooks  commented that the  outdoor range was  at Rabbit                                                                    
Creek Shooting Range  in Anchorage. He added  that there was                                                                    
an indoor range in Fairbanks and a smaller one in Juneau.                                                                       
                                                                                                                                
9:32:12 AM                                                                                                                    
                                                                                                                                
^OVERVIEW: FY  16 BUDGET DEPARTMENT  OF EDUCATION  and EARLY                                                                  
DEVELOPMENT                                                                                                                   
                                                                                                                                
9:32:46 AM                                                                                                                    
                                                                                                                                
MIKE  HANLEY,  COMMISSIONER,  DEPARTMENT  OF  EDUCATION  AND                                                                    
EARLY DEVELOPMENT,  explained that he would  be presenting a                                                                    
single  capital   project  and  several   major  maintenance                                                                    
projects.                                                                                                                       
                                                                                                                                
HEIDI   TESHNER,   DIRECTOR,  DIVISION   OF   ADMINISTRATIVE                                                                    
SERVICES,  DEPARTMENT OF  EDUCATION  AND EARLY  DEVELOPMENT,                                                                    
began with the first request:                                                                                                   
                                                                                                                                
     RN 60679                                                                                                                   
     $4,600,400                                                                                                                 
     Kivalina K-12 Replacement School - Kasayulie                                                                             
                                                                                                                                
     Brief Summary and Statement of Need:                                                                                     
     This  project   provides  for  the  design   of  a  new                                                                    
     facility, approximately 34,425  square feet, to replace                                                                    
     facilities  built between  1962 and  1984. The  current                                                                    
     facility is  at 175  percent capacity with  56 unhoused                                                                    
     students.                                                                                                                  
                                                                                                                              
     Prior Funding History / Additional Information:                                                                          
     This project is the final project in the 2011                                                                              
     Kasayulie v. State Consent Decree and Settlement                                                                           
     Agreement (3AN-97-3782 CI).                                                                                                
                                                                                                                                
Ms. Teshner  stated that the  request would fund  the school                                                                    
design; the  total cost to  the state for the  project would                                                                    
be $50.4 million.                                                                                                               
                                                                                                                                
9:33:49 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked what would  happen if the legislature                                                                    
denied the request.                                                                                                             
                                                                                                                                
Commissioner   Hanley  explained   that  in   the  Kasayulie                                                                    
settlement  the  state agreed  to  provide  funding for  the                                                                    
construction of 5 schools; Kivalina  was the final school to                                                                    
be built.  He said he  had been working with  the plaintiffs                                                                    
to fund  the project  in phased form  because the  state was                                                                    
not ready  to fund the  settlement in its entirety.  He said                                                                    
the case would  most likely be reopened if  the state failed                                                                    
to fund the request.                                                                                                            
                                                                                                                                
Senator  Dunleavy  understood  that discussions  were  still                                                                    
underway as to the location of the school.                                                                                      
                                                                                                                                
Commissioner Hanley  replied in  the negative. He  said that                                                                    
the location  of the school  was approximately 8  miles from                                                                    
the barrier island that the community resided on.                                                                               
                                                                                                                                
9:35:13 AM                                                                                                                    
                                                                                                                                
Senator  Olson queried  the repercussions  of reopening  the                                                                    
Kasayulie case.                                                                                                                 
                                                                                                                                
Commissioner  Hanley   related  that   based  on   a  recent                                                                    
discussion   with  the   head  of   the  Citizens   for  the                                                                    
Educational  Advancement of  Alaska's Children  (CEAAC), the                                                                    
plaintiff  in  the  case representing  the  rural  district,                                                                    
there was no  desire to reopen the  case. However, reopening                                                                    
the  case  would  be  on  the grounds  that  the  state  was                                                                    
continuing to  fund urban schools  to a greater  extent than                                                                    
rural schools.                                                                                                                  
                                                                                                                                
Senator Olson requested  the cost to the  state by reopening                                                                    
the case.                                                                                                                       
Commissioner  Hanley  stated  that   the  expense  would  be                                                                    
whatever it cost to build the last school, plus legal fees.                                                                     
                                                                                                                                
Senator Olson asked  whether the cost could  decrease if the                                                                    
court went into summary judgement.                                                                                              
                                                                                                                                
Commissioner Hanley deferred the  question to the Department                                                                    
of Law (DOL).                                                                                                                   
                                                                                                                                
9:37:01 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy  spoke of the  different costs  of building                                                                    
the school that  had been discussed; $63  million, down from                                                                    
$100 million. He asked whether  the $4.6 million request was                                                                    
in addition to the $63 million.                                                                                                 
                                                                                                                                
Commissioner Hanley clarified that  the $4.6 million was the                                                                    
first phase in  the $50.4 million state  share, He furthered                                                                    
that  Kivalina was  part of  the  Northwest Arctic  Borough,                                                                    
which would pay for 20 percent of the expense.                                                                                  
                                                                                                                                
Senator Dunleavy asked whether  the borough was being forced                                                                    
the pay  for part of the  school as a result  of the lawsuit                                                                    
settlement.                                                                                                                     
                                                                                                                                
Commissioner Hanley explained that  Kivalina had been on the                                                                    
department's capital  improvement projects list  (CIP) prior                                                                    
to the  Kasayulie settlement. He  said that the  project had                                                                    
been on  the list under  the understanding that  the borough                                                                    
had a  20 percent  share. He  furthered that  when Kasayulie                                                                    
was  settled, the  easiest way  to address  the department's                                                                    
responsibilities to fund  rural schools was to  take the top                                                                    
5 rural projects, one of which was Kivalina.                                                                                    
                                                                                                                                
Sen. Dunleavy understood  that the borough had to  pay for a                                                                    
portion of the cost to build the school.                                                                                        
                                                                                                                                
Commissioner Hanley shared that the  borough could go to the                                                                    
voters to bond  their project, or they could get  on the CIP                                                                    
list.  He said  that if  they were  on the  CIP list,  their                                                                    
share would  be 20 percent; if  the voters voted for  a bond                                                                    
their share would be 30 percent.                                                                                                
                                                                                                                                
Senator Dunleavy  understood that  the state's share  of the                                                                    
$63 million would be 50.4  million, which left $12.6 million                                                                    
coming  from  the borough.  He  asked  whether this  funding                                                                    
breakdown was part of the settlement.                                                                                           
Commissioner Hanley  related that  the funding  amounts were                                                                    
not  a  part  of  the settlement.  He  reiterated  that  the                                                                    
department would  fund the schools as  they were prioritized                                                                    
on the CIP  list. He said that there were  several REAA's on                                                                    
the  list,  which  contribute 2  percent,  and  others  like                                                                    
Kivalina that were  already on the list with  a higher local                                                                    
contribution. He  stressed that the  lawsuit did not  set an                                                                    
amount, rather it  said that the department  would honor the                                                                    
projects on the CIP list, and  Kivalina was listed with a 20                                                                    
percent share.                                                                                                                  
                                                                                                                                
9:40:21 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy surmised  that what  had been  agreed upon                                                                    
was that the state would build a school in Kivalina.                                                                            
                                                                                                                                
Commissioner Hanley replied yes.                                                                                                
                                                                                                                                
Sen. Dunleavy wondered  how DEED arrived at the  cost of the                                                                    
school.                                                                                                                         
                                                                                                                                
Commissioner Hanley related that there  was a process to get                                                                    
on the  CIP list. He  related that often  applicants arrived                                                                    
with a  high number and  then worked with the  department to                                                                    
come up with a final figure.                                                                                                    
                                                                                                                                
Senator Dunleavy  asked what  would happen  if there  was no                                                                    
longer authority to cover the  70/30 split, if the committee                                                                    
elected to suspend the program.                                                                                                 
                                                                                                                                
Commissioner  Hanley stated  that the  removal of  the 70/30                                                                    
would not  have an impact on  the project. He said  it would                                                                    
eventually impact the funding for the REAA fund.                                                                                
                                                                                                                                
9:42:22 AM                                                                                                                    
                                                                                                                                
Senator  Olson  asked  whether the  result  of  the  lawsuit                                                                    
brought  by  the City  of  Ketchikan  against the  State  of                                                                    
Alaska, over  the state's  education funding  mandate, would                                                                    
affect the cost of the school in Kivalina.                                                                                      
                                                                                                                                
Commissioner Hanley responded that  if the Supreme Court had                                                                    
similar  findings to  the superior  court,  the state  would                                                                    
have  to find  an alternative  way to  collect local  share,                                                                    
which covered operating  costs. He did not  believe it would                                                                    
affect the construction cost of schools.                                                                                        
                                                                                                                                
9:43:21 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  noted that  the chosen property  for the                                                                    
school was 8  miles from the city center. She  asked how the                                                                    
site was  chosen for the  school, and if there  was property                                                                    
available closer to the center of the community.                                                                                
                                                                                                                                
Commissioner Hanley  related that the school  at Kivalina on                                                                    
its original  site had risen to  the top of the  CIP list in                                                                    
2007 for a  renovation project. He said  that concerns about                                                                    
the site were  raised at that time  by former Representative                                                                    
Reggie  Joule and  it was  decided then  to not  invest more                                                                    
state funds  at that site. He  stated that the new  site was                                                                    
on higher, less vulnerable ground.                                                                                              
                                                                                                                                
Co-Chair  MacKinnon lamented  that  the state  had not  been                                                                    
part  of the  process for  the  project, which  would be  of                                                                    
great  financial   cost  to  the  state.   She  opined  that                                                                    
department could set a cap  on what boroughs could spend and                                                                    
then "drop  the bill  at the feet  of the  legislature". She                                                                    
asked what the square footage  was of the standing school in                                                                    
Kivalina.                                                                                                                       
                                                                                                                                
Commissioner Hanley  did not have the  information. He noted                                                                    
that the school was at 175 percent capacity.                                                                                    
                                                                                                                                
Co-Chair  MacKinnon commented  that the  new square  footage                                                                    
would  be   34,500  square  feet   for  140   students.  She                                                                    
understood  that  the  capacity numbers  could  be  modified                                                                    
based on  the usable square  footage inside the  school. She                                                                    
requested the number of square  feet available for classroom                                                                    
space.                                                                                                                          
                                                                                                                                
9:47:28 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy  asked  Co-Chair MacKinnon  whether  legal                                                                    
testimony would be provided to  the committee concerning the                                                                    
state's legal obligation on the issue.                                                                                          
                                                                                                                                
Co-Chair  MacKinnon   replied  that  she  would   check  the                                                                    
availability  of a  representative from  DOL to  come before                                                                    
the committee to  discuss the Kasayulie case as  well as the                                                                    
lawsuit involving the state and Ketchikan.                                                                                      
                                                                                                                                
9:48:50 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy  asked  for a  timeline  on  the  Kivalina                                                                    
construction project.                                                                                                           
                                                                                                                                
Commissioner  Hanley  related that  the  access  road was  a                                                                    
hindrance, and  furthered estimated that  construction would                                                                    
begin  in  5 to  6  years.  He said  that  the  state had  a                                                                    
commitment to fund the project  in a manner that would allow                                                                    
the school  to be constructed  without delay. He  offered to                                                                    
provide a letter from CEAAC that could speak to the issue.                                                                      
                                                                                                                                
9:49:59 AM                                                                                                                    
                                                                                                                                
Vice-Chair   Micciche   felt   that  decisions   about   the                                                                    
construction  of  the school  were  being  made without  any                                                                    
regard for  logic and reason.  He asked whether there  was a                                                                    
cost-per-student   model  used   in  consideration   of  the                                                                    
project.                                                                                                                        
                                                                                                                                
Commissioner  Hanley indicated  that  such a  model was  not                                                                    
used;  however,  there  was  a  square  footage  model  that                                                                    
limited the size of the school.                                                                                                 
                                                                                                                                
Vice-Chair Micciche asked whether there  was a way to reopen                                                                    
the CIP  request to reevaluate  upgrading the old  school in                                                                    
an effort  to avoid  the cost of  the road  construction. He                                                                    
characterized the  project as an expansion  of the community                                                                    
of Kivalina.                                                                                                                    
                                                                                                                                
Commissioner  Hanley  said  that  he could  not  answer  the                                                                    
question at this time. He stated  that his goal was to honor                                                                    
the  commitment that  had  already been  made  by the  state                                                                    
through the settlement.                                                                                                         
                                                                                                                                
Vice-Chair  Micciche felt  that the  committee's hands  were                                                                    
tied  due  to  the  decisions  of  a  past  legislature.  He                                                                    
requested an evaluation of the CIP request.                                                                                     
                                                                                                                                
9:52:58 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon noted that  the community of Kivalina had                                                                    
been suffering  significant erosion issues, she  queried the                                                                    
relationship of  the existing school  to the  coastline. She                                                                    
asserted that  the legislature should  have as  much control                                                                    
as possible ever the money it expended.                                                                                         
                                                                                                                                
9:53:43 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy  commented that  it  was  a complex  issue                                                                    
because it involved a rural  school in an eroding community.                                                                    
He  articulated  that the  legislature  had  long ago  ceded                                                                    
control of the  situation and was now  only receiving bills,                                                                    
with an obligation to pay.                                                                                                      
                                                                                                                                
9:55:09 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Micciche suggested  that the  project, with  the                                                                    
construction of  the new road,  was an attempt to  build the                                                                    
school as  a catalyst to move  the village. He said  if that                                                                    
were the case he would be more supportive of the project.                                                                       
                                                                                                                                
9:56:09 AM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly asked  Senator Olson  how  far Kivalina  was                                                                    
from Kotzebue and Point Hope.                                                                                                   
                                                                                                                                
Senator  Olson replied  that Kotzebue  was approximately  75                                                                    
miles away, Point Hope was about 80 miles.                                                                                      
                                                                                                                                
9:56:35 AM                                                                                                                    
                                                                                                                                
Senator  Hoffman   recounted  a   past  discussion   of  the                                                                    
department's  decision to  take  Kivalina and  put it  aside                                                                    
because  the school  could not  be built  within the  next 5                                                                    
years. He asked  how the department planned  to proceed with                                                                    
the  utilization of  the funds  for  the rest  of the  rural                                                                    
schools.                                                                                                                        
                                                                                                                                
Commissioner Hanley  stated that  it did  not make  sense to                                                                    
fully fund  the $50.4 million  at this  time, but to  do the                                                                    
construction in phases. He said  that schools were ranked on                                                                    
a point  system and that  Kivalina was currently  zeroed out                                                                    
and  at the  top. He  relayed  that the  commitment to  fund                                                                    
Kivalina had been  recognized, but that it  should not block                                                                    
the path of funding for other schools on the list.                                                                              
                                                                                                                                
9:58:51 AM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon   asked  whether  the   legislature  was                                                                    
required  to use  a  particular amount  of  money for  rural                                                                    
schools based on what was being spent on urban schools.                                                                         
                                                                                                                                
Commissioner  Hanley related  that in  2011 the  legislature                                                                    
passed a bill  to set money aside on an  annual basis, based                                                                    
on the  amount of  money that  was appropriated  through the                                                                    
70/30 program  for communities  that were  able to  bond and                                                                    
for communities that were not  able to bond (the REAA Fund).                                                                    
He said  that the REAA  fund was populated  at approximately                                                                    
$38 million per year, with a  cap of $70 million. He related                                                                    
that the  fund would  ensure equity  in the  funding between                                                                    
urban and rural schools.                                                                                                        
                                                                                                                                
10:00:29 AM                                                                                                                   
                                                                                                                                
Co-Chair Kelly  thought that "education by  lawsuit" was not                                                                    
the  best way  to  educate Alaska's  children. He  furthered                                                                    
that  determining what  to spend  in rural  Alaska based  on                                                                    
what was  spent in urban Alaska  was not a good  way to fund                                                                    
schools. He felt that the  problems in Kivalina would not be                                                                    
fixed with a  $60 million school. He said that  there was no                                                                    
guarantee  that   a  new  school  would   result  in  better                                                                    
education for the children in Kivalina.                                                                                         
                                                                                                                                
10:02:04 AM                                                                                                                   
                                                                                                                                
Senator   Dunleavy  acknowledged   the  uniqueness   of  the                                                                    
situation.  He  thought  that  more  legal  information  was                                                                    
necessary in order for the body  to proceed on the issue. He                                                                    
added that  the children  of Kivalina deserved  an education                                                                    
as much  as any other  children in  the state, but  that the                                                                    
mechanics of the issue needed to be examined.                                                                                   
                                                                                                                                
10:02:46 AM                                                                                                                   
                                                                                                                                
Senator Olson forecasted  that the kindergarteners currently                                                                    
attending school in Kivalina would  be halfway through their                                                                    
K-12 education by  the time the state broke ground  on a new                                                                    
facility.  He wondered  how the  department planned  to deal                                                                    
with the current problem of over-capacity.                                                                                      
                                                                                                                                
Commissioner  Hanley responded  that there  had been  recent                                                                    
renovations  done  in  order  to  allow  the  school  to  be                                                                    
functional.  He said  that students  continued  to be  added                                                                    
each year,  and that  the teacher's  lounge and  the library                                                                    
had  been  converted  into  classroom   space.  He  did  not                                                                    
anticipate that  renovation funds would be  provided for the                                                                    
current  facility while  the school  was listed  on the  CIP                                                                    
list.                                                                                                                           
                                                                                                                                
Senator  Olson  related he  was  recently  in Kivalina,  and                                                                    
observed that  smaller buildings had been  added surrounding                                                                    
the main building, which presumably added to utility costs.                                                                     
10:04:34 AM                                                                                                                   
                                                                                                                                
Commissioner Hanley stressed that,  lawsuits aside, based on                                                                    
the statutes in  place to fund new  projects, Kivalina would                                                                    
be at the top of the capital request list.                                                                                      
                                                                                                                                
10:05:18 AM                                                                                                                   
                                                                                                                                
Senator  Dunleavy  pointed  out that  the  Northwest  Arctic                                                                    
Borough  should  be listed  on  the  recipient page  as  the                                                                    
recipient and not the Lower Kuskoquim School District.                                                                          
                                                                                                                                
10:05:48 AM                                                                                                                   
                                                                                                                                
Ms. Teshner spoke to the next two capital requests:                                                                             
                                                                                                                                
     RN AMD45658                                                                                                                
     $3,941,192                                                                                                                 
     School District Major Maintenance Grants                                                                                 
                                                                                                                                
     RN AMD60751                                                                                                                
     $0                                                                                                                         
     Reappropriation for School District Major Maintenance                                                                    
     Grants                                                                                                                   
                                                                                                                                
     Brief Summary and Statement of Need:                                                                                     
     The   FY2016   Department   of  Education   and   Early                                                                    
     Development appropriation  in the amount  of $3,491,192                                                                    
     and  reappropriation   not-to-exceed  $10,000,000  will                                                                    
     fund  the  first  four projects  on  the  January  2015                                                                    
     Capital  Improvement  Projects  list for  School  Major                                                                    
     Maintenance:                                                                                                               
     1)  Petersburg  Middle/High   School  Boiler  Repair  -                                                                    
     $24,565.00                                                                                                                 
     2) Andrew  K Demoski  K-12 School Renovation,  Nulato -                                                                    
     $10,637,668                                                                                                                
     3) Nome  City School  District -  Districtwide Lighting                                                                    
     Replacement - $192,813                                                                                                     
     4) Bethel Campus Boiler Replacement - $2,636,146                                                                           
                                                                                                                                
10:06:45 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  asked  if  there  was  another  revenue                                                                    
source aside from  the general fund that  could be allocated                                                                    
for  the  maintenance  requests; she  suggested  the  Public                                                                    
School Trust.                                                                                                                   
                                                                                                                                
Ms.   Teshner    understood   that,    historically,   major                                                                    
maintenance dollars came from the general fund.                                                                                 
                                                                                                                                
ELIZABETH   NUDELMAN,   DIRECTOR,    SCHOOL   FINANCES   AND                                                                    
FACILITIES, DEPARTMENT  OF EDUCATION AND  EARLY DEVELOPMENT,                                                                    
noted that there  was one funding source  from the cigarette                                                                    
tax  that was  used toward  a municipal  debt appropriation.                                                                    
She added that  the Public School Trust Fund  was small, and                                                                    
was currently  use towards  the foundation  program funding.                                                                    
She  said  that  money  from  that  trust  was  specifically                                                                    
designated for education.                                                                                                       
                                                                                                                                
Co-Chair MacKinnon asserted that  she had been reviewing the                                                                    
stipulations  surrounding the  trust, and  it appeared  that                                                                    
there could be some funds  available that could be a funding                                                                    
source for the major maintenance projects.                                                                                      
                                                                                                                                
10:08:47 AM                                                                                                                   
                                                                                                                                
Senator Dunleavy  understood that  the school in  Nulato had                                                                    
32 students.                                                                                                                    
                                                                                                                                
10:09:24 AM                                                                                                                   
                                                                                                                                
Senator Bishop  stated that there  were over 40  students in                                                                    
the school,  which had originally  been built to  house over                                                                    
100.                                                                                                                            
                                                                                                                                
Senator   Dunleavy  stated   that,  in   the  future,   when                                                                    
constructing  schools  it  would be  important  to  consider                                                                    
growth  and  future  capacity.  He  contended  that  student                                                                    
populations in most places in Alaska were dropping.                                                                             
                                                                                                                                
10:10:22 AM                                                                                                                   
                                                                                                                                
Vice-Chair Micciche expressed the  desire to investigate the                                                                    
Public School Trust,  and the potential land  trust that had                                                                    
been vetoed, as funding sources for education.                                                                                  
                                                                                                                                
Co-Chair MacKinnon noted the request.                                                                                           
                                                                                                                                
10:11:04 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon  pointed out to the  committee that items                                                                    
1, 3,  and 4  on the project  list were  reimbursements. She                                                                    
wondered if  the state was responsible  for refunding cities                                                                    
that had paid for their own major maintenance.                                                                                  
Ms. Nudelman  explained that  projects could  incur expenses                                                                    
up to three years prior  to submitting an application, while                                                                    
still  being  considered  in the  application  process.  She                                                                    
furthered  that  the  projects   rated  high  and  had  been                                                                    
completed within the past three years.                                                                                          
                                                                                                                                
Co-Chair   MacKinnon   considered    the   expense   another                                                                    
uncontrollable  cost   that  landed  at  the   feet  of  the                                                                    
legislature and should be taken up in policy discussions.                                                                       
                                                                                                                                
10:12:33 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon  noted that  the Nulato project  had been                                                                    
on the  major maintenance list  for 10 years, and  asked why                                                                    
it had not ranked higher, sooner.                                                                                               
                                                                                                                                
Ms. Nudelman stated  she could provide the  information at a                                                                    
later date.                                                                                                                     
                                                                                                                                
10:13:07 AM                                                                                                                   
                                                                                                                                
Senator Olson  relayed that the maintenance  at Nulato would                                                                    
alleviate  a possible  health issue  due  to frozen  toilets                                                                    
that had not been adequately  fixed, which forced the use of                                                                    
honey  buckets and  heightened  the risk  of  the spread  of                                                                    
Hepatitis A.                                                                                                                    
                                                                                                                                
10:14:08 AM                                                                                                                   
                                                                                                                                
Ms.  Teshner shared  that the  State Library,  Archives, and                                                                    
Museums  Building  (SLAM) project  was  on  schedule and  on                                                                    
budget with the soft opening in May of 2016.                                                                                    
                                                                                                                                
10:15:22 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:21:30 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
^OVERVIEW: FY  16 BUDGET DEPARTMENT  OF LABOR  and WORKFORCE                                                                  
DEVELOPMENT                                                                                                                   
                                                                                                                                
10:21:59 AM                                                                                                                   
                                                                                                                                
HEIDI   DRYGAS,  COMMISSIONER,   DEPARTMENT  OF   LABOR  AND                                                                    
WORKFORCE  DEVELOPMENT,       introduced  the  presentation,                                                                    
"Department  of  Labor  and  Workforce  Development  Capital                                                                    
Budget  Overview, Senate  Finance, March  16, 2015"(copy  on                                                                    
file). She turned to Slide  1, which listed the department's                                                                    
only capital request:                                                                                                           
                                                                                                                                
     RN AMD60306                                                                                                                
     $0                                                                                                                         
     Reappropriation   for   AVTEC  Information   Technology                                                                  
     Systems Refresh                                                                                                          
                                                                                                                                
     Brief Summary and Statement of Need:                                                                                       
     The  unexpended and  unobligated balance,  estimated to                                                                    
     be $530,000, of  the appropriation made in  sec. 1, ch.                                                                    
     17,  SLA  2012, page  121,  lines  12-13 (Third  Avenue                                                                    
     Dormitory Replacement -  $16,075,000) is reappropriated                                                                    
     to the  Department of  Labor and  Workforce Development                                                                    
     for the Alaska  Vocational Technical Center information                                                                    
     technology systems refresh.                                                                                                
                                                                                                                                
Ms. Drygas  stated that in  FY 13 the department  received a                                                                    
capital   appropriation   to   replace   Alaska   Vocational                                                                    
Technical  Center's   (AVTEC)  3rd  Avenue   dormitory.  She                                                                    
related that  the only item  left on  the project was  the 1                                                                    
percent   required  for   art,  which   was  scheduled   for                                                                    
completion  by June  30,  2015. She  said  that the  systems                                                                    
refresh  was necessary  to  replace  outdated equipment  and                                                                    
maintain security compliance requirements.                                                                                      
                                                                                                                                
10:23:51 AM                                                                                                                   
                                                                                                                                
Senator  Bishop asked  whether  the  upgrades included  both                                                                    
administrative and classroom upgrades.                                                                                          
                                                                                                                                
Commissioner Drygas replied both.                                                                                               
                                                                                                                                
Senator Bishop  queried whether the  dormitory was  going to                                                                    
be finished on budget.                                                                                                          
                                                                                                                                
Commissioner  Drygas relayed  that the  department was  very                                                                    
confident that  the dormitory would  come in on  budget. She                                                                    
reiterated  that  the  only  remaining  expense  was  the  1                                                                    
percent for art.                                                                                                                
                                                                                                                                
10:24:50 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon  wondered why the  1 percent for  art was                                                                    
being considered, given the  state's current fiscal climate.                                                                    
She  though that  the committee  should get  to see  the art                                                                    
that Alaska's money was being spent on.                                                                                         
                                                                                                                                
Commissioner Drygas  related that she  had a picture  of the                                                                    
piece on  her phone,  for future  reference. She  added that                                                                    
the 1 percent for art expense was a state requirement.                                                                          
                                                                                                                                
10:25:43 AM                                                                                                                   
                                                                                                                                
Senator   Dunleavy  clarified   that  there   was  a   legal                                                                    
requirement.                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon suggested that  during the current trying                                                                    
fiscal environment  it might be necessary  to reevaluate the                                                                    
1 percent for art requirement.                                                                                                  
                                                                                                                                
Senator  Dunleavy  pontificated  that  policy  should  drive                                                                    
programs  and then  programs should  drive the  facility. He                                                                    
said that  in education this  was rarely the case.  He noted                                                                    
that  there  were a  number  of  labor training  facilitates                                                                    
across the  state. He  asked how  the programs  they offered                                                                    
were determined.                                                                                                                
                                                                                                                                
10:27:21 AM                                                                                                                   
                                                                                                                                
Commissioner  Drygas  explained   that  the  department  was                                                                    
looking  into  the  issue  and  had  created  a  Career  and                                                                    
Technical  Education  Taskforce   to  examine  programs  for                                                                    
inefficiencies.                                                                                                                 
                                                                                                                                
10:29:01 AM                                                                                                                   
                                                                                                                                
Senator Olson  asked whether the dormitory  would still open                                                                    
if the required 1 percent for art was not funded.                                                                               
                                                                                                                                
Commissioner Drygas replied in the affirmative.                                                                                 
                                                                                                                                
10:29:35 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  surmised  that  the  piece  of  art  in                                                                    
question had already being commissioned.                                                                                        
                                                                                                                                
Commissioner Drygas said yes.                                                                                                   
                                                                                                                                
Co-Chair MacKinnon lamented that  the legislature had placed                                                                    
the  responsibility on  itself  through  statute, which  she                                                                    
believed needed to be examined.                                                                                                 
10:30:14 AM                                                                                                                   
                                                                                                                                
Vice-Chair Micciche asked what triggered the 1 percent.                                                                         
                                                                                                                                
Commissioner    Drygas   believed    that   state    capital                                                                    
appropriations triggered the requirement for facilities.                                                                        
                                                                                                                                
Vice-Chair  Micciche  surmised  that   of  the  $42  million                                                                    
appropriated  since 2008  for AVTEC,  $420,000 had  been set                                                                    
aside for art.                                                                                                                  
                                                                                                                                
Commissioner  Drygas replied  that the  requirement was  for                                                                    
new  facilities only,  and that  the amount  for art  in the                                                                    
dormitory was less that 1 percent of the appropriation.                                                                         
                                                                                                                                
10:31:22 AM                                                                                                                   
                                                                                                                                
Senator Bishop  believed that the full  committee understood                                                                    
that  AVTEC   was  out  of  compliance   with  its  computer                                                                    
security. He expressed concern for security breaches.                                                                           
                                                                                                                                
10:31:59 AM                                                                                                                   
                                                                                                                                
Senator  Dunleavy referred  to Alaska  Statute, chapter  27,                                                                    
35.27.020  Art  Requirements.  He   said  that  the  statute                                                                    
related to  all state  facilities, with preference  given to                                                                    
Alaska Native art.                                                                                                              
                                                                                                                                
Co-Chair MacKinnon read the statute:                                                                                            
                                                                                                                                
     AS  35.27.020. Art  Requirements  For Public  Buildings                                                                  
     and Facilities.                                                                                                          
                                                                                                                                
     (a) A  building or facility constructed  after June 30,                                                                    
     1975, or  remodeled or renovated  after June  30, 1975,                                                                    
     shall include  works of art, including  but not limited                                                                    
     to  sculptures, paintings,  murals or  objects relating                                                                    
     to Native art.                                                                                                             
                                                                                                                                
     (b)   The  department,   before  preparing   plans  and                                                                    
     specifications  for  buildings  and  facilities,  shall                                                                    
     consult  with  the Alaska  State  Council  on the  Arts                                                                    
     regarding  the desirability  of inclusion  of works  of                                                                    
     art.                                                                                                                       
                                                                                                                                
     (c) At  least one percent  or, in  the case of  a rural                                                                    
     school facility,  at least one-half  of one  percent of                                                                    
     the  construction  cost  of   a  building  or  facility                                                                    
     approved  for  construction  by the  legislature  after                                                                    
     September 1,  1977, will be reserved  for the following                                                                    
     purposes:  the   design,  construction,   mounting  and                                                                    
     administration  of works  of art  in  a school,  office                                                                    
     building, court building, vessel  of the marine highway                                                                    
     system, or other building or  facility which is subject                                                                    
     to substantial public use.                                                                                                 
                                                                                                                                
     (d)   A  building   or  facility   with  an   estimated                                                                    
     construction cost of less than  $250,000 is exempt from                                                                    
     the requirements  of this  chapter unless  inclusion of                                                                    
     works  of art  in the  design and  construction of  the                                                                    
     building or facility is  specifically authorized by the                                                                    
     department.                                                                                                                
                                                                                                                                
     (e) The  artist who executes  these works of  art shall                                                                    
     be selected  by the  architect for the  department with                                                                    
     the  approval  of  the department,  after  consultation                                                                    
     with  the Alaska  State  Council on  the  Arts and  the                                                                    
     principal user of the public buildings or facilities.                                                                      
                                                                                                                                
     (f) The artist  who executes these works of  art in the                                                                    
     public schools shall be  selected by the superintendent                                                                    
     of a school district in which  a public school is to be                                                                    
     built  with the  approval of  the school  board. Should                                                                    
     the department find  in the best interest  of the state                                                                    
     that  the selection  of the  artist who  executes these                                                                    
     works  of art  by the  superintendent may  result in  a                                                                    
     cost  overrun to  the state  or delay  of construction,                                                                    
     the department  shall make the selection  of the artist                                                                    
     in consultation with the superintendent.                                                                                   
                                                                                                                                
     (g) The architect,  superintendent, department, and the                                                                    
     Alaska State  Council on the  Arts shall  encourage the                                                                    
     use of state cultural resources  in these art works and                                                                    
     the  selection  of  Alaska  resident  artists  for  the                                                                    
     commission of these art works.                                                                                             
                                                                                                                                
10:33:17 AM                                                                                                                   
                                                                                                                                
Co-Chair  Kelly thought  that the  problem with  the statute                                                                    
was that  it paid for bad  art. He said that  pieces by Fred                                                                    
Machetanz or  Eustace Zeigler  hanging in  public facilities                                                                    
were more  than likely  a result  of the  1 percent  for art                                                                    
statute, which he  qualified were a "good  thing". He opined                                                                    
that there was "a lot  of stuff that just ain't art………beauty                                                                    
was  in the  eye of  the beholder,  but we  all pretty  much                                                                    
agree on ugly."  He asserted that he was a  supporter of the                                                                    
1 percent, but  that people should be  discerning about what                                                                    
was called "art".                                                                                                               
                                                                                                                                
10:35:12 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon related  that  it  was commendable  that                                                                    
past  legislative  bodies  had  been  investing  in  Alaskan                                                                    
artists.                                                                                                                        
                                                                                                                                
10:36:28 AM                                                                                                                   
                                                                                                                                
Senator  Olson  asked how  many  students  would occupy  the                                                                    
AVTEC dormitory.                                                                                                                
                                                                                                                                
Commissioner Drygas  answered that the building  could house                                                                    
up to 160 students.                                                                                                             
                                                                                                                                
Senator Olson asked  how full it would  be immediately after                                                                    
construction was complete.                                                                                                      
                                                                                                                                
Commissioner  Drygas   said  she  would  get   back  to  the                                                                    
committee with the information.                                                                                                 
                                                                                                                                
Senator  Olson  stated  that  AVTEC's  ability  to  continue                                                                    
providing services had  come under question in  the past few                                                                    
years.                                                                                                                          
                                                                                                                                
10:37:41 AM                                                                                                                   
                                                                                                                                
Commissioner    Drygas   presented    Slide   2,    "Capital                                                                    
Appropriation Status  Report (CASR)", which showed  that the                                                                    
department  had  15  open capital  appropriations,  totaling                                                                    
$42.5 million. She  said that 92 percent of  the funding was                                                                    
expended  or  encumbered,  3  projects  were  pending  final                                                                    
billings  before  they  could   be  closed,  and  another  5                                                                    
projects, not  including the reappropriation  request, would                                                                    
be completed by the end of the fiscal year (Slide 3).                                                                           
                                                                                                                                
10:37:56 AM                                                                                                                   
                                                                                                                                
Commissioner Drygas  furthered that $2.7 million  were still                                                                    
unobligated, but  the funding was necessary  to complete the                                                                    
projects; of  that funding, $1.4 million  were just received                                                                    
in FY  15 and activity on  the project would pick  up in the                                                                    
spring.  She  related that  there  were  $530,000 that  were                                                                    
anticipated   to   be   available    for   lapse,   or   the                                                                    
reappropriation for the IT request.                                                                                             
                                                                                                                                
10:38:42 AM                                                                                                                   
                                                                                                                                
Commissioner Drygas  moved to Slide  5, which read  that the                                                                    
department's  deferred  maintenance  back  log  comprised  9                                                                    
projects,  totaling  $15.1  million. She  relayed  that  the                                                                    
department was not requesting an  FY 16 deferred maintenance                                                                    
appropriation, but was focusing  on completing projects that                                                                    
had  already  been  funded.  She   shared  that  the  AVTECH                                                                    
facility's maintenance team  had utilized the appropriations                                                                    
for the following:                                                                                                              
                                                                                                                                
   · student housing remodeling and mold remediation                                                                            
   · cafeteria and dish room remodel                                                                                            
   · retrofitted air handling system and new ventilation                                                                        
     system to the new Applied Technology campus                                                                                
   · replacement of boilers and underground aging fuel                                                                          
     tanks                                                                                                                      
                                                                                                                                
10:39:36 AM                                                                                                                   
                                                                                                                                
Commissioner  Drygas  said that  given  the  age of  AVTEC's                                                                    
facilities there  were many building  needs well  beyond the                                                                    
scope  of  general  maintenance, which  represented  AVTEC's                                                                    
greatest    facility   maintenance    challenge;   continued                                                                    
investment  in  deferred  maintenance  would  be  needed  to                                                                    
ensure  that  ground was  not  lost  in addressing  facility                                                                    
needs and avoiding the need  for replacement facilities. She                                                                    
stressed that the facility needed  to be fully functional to                                                                    
provide a safe and  uninterrupted educational environment in                                                                    
order  to deliver  program services  to  train Alaskans  for                                                                    
Alaska's  jobs.  She said  that  a  capital project  on  the                                                                    
horizon for AVTEC was an  upgrade to the maritime simulator,                                                                    
which  would  cost  $1.3  million;   the  project  would  be                                                                    
necessary  to  upgrade  AVTEC's   3,  full  mission,  bridge                                                                    
simulator hardware and software.  She relayed that AVTEC was                                                                    
currently  actively  seeking   federal  or  private  funding                                                                    
opportunities to accomplish the $1.3 million upgrade.                                                                           
                                                                                                                                
10:40:37 AM                                                                                                                   
                                                                                                                                
Vice-Chair Micciche felt that  more prevention work could be                                                                    
done through the maritime simulator  exercise than all other                                                                    
efforts combined.  He warned  of the  potential of  losing a                                                                    
crude carrier  due to challenging  weather, noting  that the                                                                    
training  facilities   saved  the  state   from  potentially                                                                    
dangerous  incidences. He  revealed  to  the committee  that                                                                    
AVTEC had been responsive  on needed services for industries                                                                    
in the state that employed many Alaskans.                                                                                       
                                                                                                                                
10:41:43 AM                                                                                                                   
                                                                                                                                
Senator  Olson  asked  how  many  maritime  simulators  were                                                                    
currently in the state.                                                                                                         
                                                                                                                                
Commissioner Drygas said that there was only one.                                                                               
                                                                                                                                
PALOMA   HARBOUR,  DIRECTOR,   DIVISION  OF   ADMINISTRATIVE                                                                    
SERVICES,  DEPARTMENT OF  LABOR  AND WORKFORCE  DEVELOPMENT,                                                                    
relayed  that  there  was  a  computer  based  simulator  in                                                                    
Kechikan, but that  it was not a full  mission bridge, which                                                                    
was what AVTEC  offered. She asserted that the  two were not                                                                    
the  same.  She  added  that there  was  a  privately  owned                                                                    
simulator in  Anchorage that was not  available for training                                                                    
Alaskans entering into the workforce.                                                                                           
                                                                                                                                
10:42:54 AM                                                                                                                   
                                                                                                                                
Co-Chair  Kelly  asked  whether  the  facility  had  welding                                                                    
simulators.                                                                                                                     
                                                                                                                                
Ms.  Harbour responded  that that  department had  partnered                                                                    
with training providers through  a grant program to purchase                                                                    
welding equipment, but the  equipment ultimately belonged to                                                                    
the training providers.                                                                                                         
                                                                                                                                
Co-Chair  Kelly  understood  that  there were  a  couple  of                                                                    
simulators  in the  state  that could  travel  from site  to                                                                    
site. He said that they were great things to have.                                                                              
                                                                                                                                
10:43:46 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  disclosed  that  her  husband  was  the                                                                    
Executive  Director of  the Continuing  Education Foundation                                                                    
and  served   on  their   board,  which   was  one   of  the                                                                    
organizations that owned a welding simulator.                                                                                   
                                                                                                                                
10:44:23 AM                                                                                                                   
                                                                                                                                
Senator Olson asked how many  students could be accommodated                                                                    
by the maritime simulator.                                                                                                      
                                                                                                                                
Ms. Harbour stated that about 500 students went through the                                                                     
program per year. She explained that the program was an on                                                                      
demand program that provided contract training.                                                                                 
                                                                                                                                
10:44:56 AM                                                                                                                   
                                                                                                                                
Senator Bishop asked for a full update on the maritime                                                                          
program in order to highlight the value of the program for                                                                      
the committee.                                                                                                                  
                                                                                                                                
10:45:27 AM                                                                                                                   
                                                                                                                                
Commissioner Drygas responded that the update could be                                                                          
provided.                                                                                                                       
                                                                                                                                
Co-Chair MacKinnon discussed housekeeping.                                                                                      
                                                                                                                                
10:46:48 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:47:07 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:47 a.m.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
031615 DOL&WFD Capital Budget Overview.pdf SFIN 3/16/2015 9:15:00 AM
SB 26