Legislature(1993 - 1994)

03/01/1994 03:33 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE TRANSPORTATION COMMITTEE                                
                         March 1, 1994                                         
                           3:33 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Bert Sharp, Chair                                                     
 Senator Randy Phillips, Vice Chair                                            
 Senator Tim Kelly                                                             
 Senator Jay Kerttula                                                          
 Senator Georgianna Lincoln                                                    
                                                                               
      MEMBERS ABSENT                                                           
                                                                               
 All Members Present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 SENATE BILL NO. 334                                                           
 "An Act relating to the tax on transfers or consumption of motor              
 fuel, and to the proceeds from the tax; and providing for an                  
 effective date."                                                              
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 334 - No previous senate committee action.                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Bruce A. Campbell, Commissioner                                               
 Department of Transportation & Public Facilities                              
 3132 Channel Drive, Juneau, AK 99801-7898¶465-3901                            
  POSITION STATEMENT:  in favor of SB 334                                      
                                                                               
 Mead Treadwell, Deputy Commissioner                                           
 Department of Environmental Conservation                                      
 410 Willoughby Ave., Suite 105, Juneau, AK 99801-1795¶465-5050                
  POSITION STATEMENT:  in favor of SB 334                                      
                                                                               
 Mark Hickey, Representative                                                   
 Cambior Alaska, Inc.                                                          
 211 4th Street, Juneau, AK 99801¶586-2263                                     
  POSITION STATEMENT:  testified on SB 334                                     
                                                                               
 Resa Jerrel, Representative                                                   
 National Federation of Independent Businesses                                 
 9159 Skywood, Juneau, AK 99801¶789-4278                                       
  POSITION STATEMENT:  opposed to SB 334                                       
                                                                               
                                                                               
 Frank Dillon, Executive Director                                              
 Alaska Trucking Association                                                   
 3443 Minnesota Dr., Anchorage, AK¶276-1145                                    
  POSITION STATEMENT:  opposed to SB 334                                       
                                                                               
 Paul Dick                                                                     
 Division of Income & Excise Audit                                             
 Department of Revenue                                                         
 P.O. Box 110420, Juneau, AK 99811-0420¶465-3691                               
  POSITION STATEMENT:  testified on SB 334                                     
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-7, SIDE A                                                             
 Number 001                                                                    
                                                                               
 CHAIRMAN SHARP calls the Senate Transportation Committee meeting to           
 order at 3:33 p.m.                                                            
                                                                               
 Number 010                                                                    
 CHAIRMAN SHARP brings up SB 334 (INCREASE MOTOR FUEL TAX) as the              
 only order of business before the committee today.  The chairman              
 announces SB 334 will not be moved from committee today.  The                 
 chairman calls the commissioner of the Department of Transportation           
 to testify.                                                                   
                                                                               
 Number 030                                                                    
                                                                               
 BRUCE A. CAMPBELL, Commissioner, Department of Transportation &               
 Public Facilities (DOT) states SB 334 was introduced at the request           
 of the governor, and many persons in the administration had a part            
 or a hand in its' development.  Alaska has not had a gas tax                  
 increase since 1961, and Alaska is on the low-end of the fifty                
 states for the amount of gas tax.  Gas taxes in the United States             
 range from a low in Alaska of eight cents per gallon, to a high of            
 twenty-eight cents per gallon in Connecticut.  The average tax is             
 twenty cents per gallon.  What the administration did was to figure           
 out what the amount of gas would have to be per gallon to support             
 DOT's operating and maintenance budget.  The number the                       
 administration came up with was about twenty-four cents per gallon.           
 The possibility of having a constitutional amendment in order to              
 establish a dedicated fund to have revenues from the tax go toward            
 DOT's operating and maintenance budget was discussed, but it was              
 decided that the money should be deposited in a special account in            
 the general fund, from which the legislature could appropriate for            
 highway and maintenance activities.  In every situation in which              
 there has been what is referred to as a "pseudo-dedicated fund",              
 the legislature has honored it.                                               
                                                                               
                                                                               
 There is also one penny added to the price per gallon for                     
 underground fuel tank rectification, which would flow to the                  
 Department of Environmental Conservation (DEC).  What SB 334 will             
 do is hopefully raise the gasoline tax up to a break-even point for           
 the highway operation and maintenance activity.                               
                                                                               
 Number 080                                                                    
                                                                               
 CHAIRMAN SHARP asks what the total general funds maintenance costs            
 are state-wide.                                                               
                                                                               
 COMMISSIONER CAMPBELL says it is approximately 110 to 115 million             
 dollars.  For every eight cents per gallon of taxes, the state                
 gains about 26 to 28 million dollars.  (Department of Revenue's               
 fiscal note states each penny per gallon tax yields 4,838,000                 
 dollars in revenue, so a tax of 24 cents would yield 116,112,000              
 dollars.)                                                                     
                                                                               
 Number 107                                                                    
                                                                               
 CHAIRMAN SHARP asks if there are any questions.  Chairman Sharp               
 asks how much money the one-cent tax for underground fuel storage             
 tanks would bring in.                                                         
                                                                               
 The one-cent per gallon tax would bring in 4,838,000 dollars.                 
                                                                               
 Number 112                                                                    
                                                                               
 SENATOR LINCOLN asks about the sunset date for the one-cent tax for           
 underground storage tanks.                                                    
                                                                               
 CHAIRMAN SHARP suggests the committee ask that question of DEC.               
 The chairman calls a representative from DEC to come to the table.            
                                                                               
 Number 153                                                                    
                                                                               
 MEAD TREADWELL, Deputy Commissioner, Department of Environmental              
 Conservation says the administrations' proposal was to put on the             
 penny and make it perpetual, but in the committee substitute it               
 would sunset in two years.  At this point, there is a backlog of              
 applications for upgrade and cleanup of 49 million dollars.  At the           
 current rate of funding at 5.45 million dollars a year, it would              
 take a long time to get to all the applications.  There is a                  
 deadline coming up.  We have already passed the deadline for                  
 providing proof of financial responsibility in case of a spill.               
 For these reasons, DEC thinks the program should be continued for             
 more than two years.                                                          
                                                                               
 Number 177                                                                    
                                                                               
 SENATOR LINCOLN asks why it is that it is rolled over from 24 cents           
 to 25 cents per gallon tax.                                                   
 Number 182                                                                    
                                                                               
 CHAIRMAN SHARP notes that the committee substitute originated from            
 the Senate Transportation Committee, not from DEC.                            
                                                                               
 Number 193                                                                    
                                                                               
 MR. TREADWELL says the governor's bill would put the penny on and             
 leave it on.  Mr. Treadwell asks that if the legislature sunsets              
 the penny tax for underground fuel storage tanks, it at least                 
 extend the sunset provision to more than the two years noted in the           
 committee substitute (cs).  This program began in 1991 as a state             
 effort to help the many people with underground storage tanks                 
 around the state to meet the federal requirements for upgrade and             
 clean-up.  Mr. Treadwell reads statistics on the Underground                  
 Petroleum Storage Tank Program from a paper submitted to the                  
 committee by DEC.  Federal mandates would force many operations to            
 shut down if DEC did not go through this process to help them.                
 Every other state in the union has set up some kind of a fund to              
 help fund the underground storage tank assistance programs.  Most             
 of those states have done it through fuel tax assessments, as the             
 governor has proposed in SB 334.                                              
                                                                               
 Number 220                                                                    
                                                                               
 MR. TREADWELL says for the first several years of the underground             
 storage tank program, funds came out of the general fund; for the             
 last two years funding has come from the mitigation account.  At              
 this point it is up to the state to find another source of funding            
 for the underground storage tank program.                                     
                                                                               
 Number 239                                                                    
                                                                               
 CHAIRMAN SHARP asks if funding the program from a one-cent fuel tax           
 would allow the state to meet the federal mandate.                            
                                                                               
 MR. TREADWELL replies the tax would allow the state to meet the               
 federal mandate.                                                              
                                                                               
 Number 251                                                                    
                                                                               
 CHAIRMAN SHARP asks what the federal deadline on applications is.             
                                                                               
 MR. TREADWELL responds there was a deadline of December 31, 1993              
 for proof of insurance or financial responsibility in the event of            
 a spill.  There is a deadline of December 22, 1998 for tanks to be            
 up to standards.  DEC's deadline for cleanup applications is June,            
 1994.  There is legislation pending that would extend that date by            
 approximately six months.                                                     
                                                                               
                                                                               
 Number 267                                                                    
                                                                               
 SENATOR KERTTULA asks if there is a lot of documented industrial              
 support for the one-cent tax for the underground storage tank                 
 program.                                                                      
                                                                               
 MR. TREADWELL replies he cannot speak for the tank owners                     
 themselves, but perhaps Mr. Hayden or Mr. Barnett could answer that           
 question.  He can say that the Association of Underground Tank                
 Owners and Operators had a meeting in December in which there                 
 seemed to be a fairly large consensus that a long-term funding                
 source was needed.                                                            
                                                                               
 Number 279                                                                    
                                                                               
 SENATOR KERTTULA asks how much a penny tax would return on an                 
 annual basis.                                                                 
                                                                               
 It would return 4,838,000 dollars per year.                                   
                                                                               
 Number 282                                                                    
                                                                               
 CHAIRMAN SHARP asks if there are any more questions.  Hearing none,           
 he calls the next witness.                                                    
                                                                               
 Number 285                                                                    
                                                                               
 MARK HICKEY, Representative of Cambior Alaska, Inc. states Cambior            
 Alaska, Inc. owns and operates the Valdez Creek Mine, which is a              
 large placer gold mine on the Denali Highway about seventy miles              
 east of Cantwell.  The mine has been in operation under Cambior's             
 ownership since the mid to late 80's.  There has been active mining           
 in the Valdez Creek area for a number of years before that.  The              
 mine employs about 150 people and has an annual payroll of                    
 approximately 11.5 million.  Cambior is probably the largest single           
 private employer in the Matanuska-Susitna (Mat-Su) Borough.                   
 Cambior Alaska has an arrangement with DOT, whereby Cambior pays              
 half of the cost of winter road maintenance on a principal highway            
 of the State of Alaska, and DOT pays the other half.  This                    
 arrangement was worked out with legislative help and the                      
 department's help.                                                            
                                                                               
 Number 304                                                                    
                                                                               
 MR. HICKEY states he does not have a company position to offer at             
 this time on the proposal as it relates to the highway tax, except            
 to say that the increase that does get passed, to the extent                  
 possible, should go into road maintenance.                                    
                                                                               
 MR. HICKEY says he would like to draw the committee's attention to            
 one other impact that is of concern to Cambior, that is the                   
 increase that will occur to the off-highway component of the tax.             
 Presently in state law, eight cents per gallon is paid for fuel               
 consumption, whether it is highway or off-highway use.  For off-              
 highway usage, users can get a rebate of six cents.  So in effect,            
 Cambior pays a two cent tax for off-highway use.  Under SB 334,               
 that off-highway tax would rise to nineteen cents per gallon; the             
 rebate will not change.  For Cambior, the annual cost increase                
 would, conservatively, be about 600,000 dollars per year.  Cambior            
 uses between 3.5 to 4 million gallons of fuel.  All of that is                
 subject to the off-highway tax.  The tax increase contained in SB
 334 would cause about a three percent increase in annual operating            
 cost for the Valdez Creek Mine.  This is a significant cost                   
 increase, particularly since the funds would go toward road                   
 maintenance, and Cambior is already paying directly for half the              
 maintenance costs of a local highway.                                         
                                                                               
 One solution to this problem would be to increase the rebate for              
 off-highway use of fuel.  Since the increase in tax is to fund road           
 maintenance, the impact should be primarily on the highway user.              
 Mr. Hickey thinks the committee will find that SB 334 will impact             
 industry and other mines similarly to the impact it will have on              
 Cambior.                                                                      
                                                                               
 Number 338                                                                    
                                                                               
 SENATOR KERTTULA asks if the Valdez Creek Mine is physically                  
 located in the Mat-Su Borough.                                                
                                                                               
 MR. HICKEY responds that the mine pays borough property taxes, so             
 he believes the mine is within borough boundaries.  The mine pays             
 about 200,000 dollars per year in property taxes.                             
                                                                               
 Number 347                                                                    
                                                                               
 SENATOR LINCOLN asks if there is provision in the committee                   
 substitute for SB 334 that changes the rebate.                                
                                                                               
 CHAIRMAN SHARP responds there is no provision in the cs to change             
 the rebate for off-highway fuel use, but it is something the                  
 committee probably should talk about at the next meeting.  The                
 chairman suggests people review the current proposed cs and talk              
 about possible revisions at the next committee meeting.  The                  
 chairman calls the next witness.                                              
                                                                               
 Number 359                                                                    
                                                                               
 RESA JERREL, State Director, National Federation of Independent               
 Businesses (NFIB) says the state NFIB has 4,400 members, and                  
 overwhelmingly opposes tax increases without first reducing the               
 state operating budget.  She is, therefore, testifying in                     
 opposition to SB 334.  Ms. Jerrel suggests that the state get out             
 of competition with the private sector by privatizing services and            
 contracting out for more of the work it does.  She reads from a               
 prepared statement submitted to the committee.                                
                                                                               
 Number 370                                                                    
                                                                               
 CHAIRMAN SHARP thanks Ms. Jerrel for her testimony and calls the              
 next witness.                                                                 
                                                                               
 Number 374                                                                    
                                                                               
 FRANK DILLON, Executive Director, Alaska Trucking Association                 
 states the association is categorically opposed to the 25 cent per            
 gallon fuel tax.  Federal and state fees and taxes per tractor                
 trailer come to approximately 6,500 dollars.  The competitive                 
 nature of the trucking business in Alaska has virtually squeezed              
 most of the profit out of every operation.  The association is                
 seeing a number of companies that are hanging on by their                     
 fingernails right now, and we expect to see more consolidation and            
 mergers in the industry.                                                      
                                                                               
 Mr. Dillon says that although the fuel tax would apply across the             
 board, the Alaska Trucking Association does not feel that the                 
 amount is justified.  The association also is hesitant about using            
 fuel taxes as a mechanism to fund the Underground Storage Tank                
 Program.  Funding for that program could perhaps be better                    
 addressed in another way.                                                     
                                                                               
 Number 386                                                                    
                                                                               
 SENATOR KERTTULA asks Mr. Dillon how trucker's fees and taxes                 
 compare to fees and taxes in other states.                                    
                                                                               
 MR. DILLON states that Alaska truckers are paying less than in most           
 other states.  The Alaska Trucking Association is not arguing that            
 it is not necessary to perhaps increase the fuel taxes, and the               
 association supports a dedicated fund for maintenance.  The                   
 association believes the infrastructure problems with highways are            
 reaching a critical point.  There should be absolutely no language            
 allowing DOT to do deferred maintenance; deferred maintenance is no           
 maintenance.  If the state does not do the maintenance on the                 
 highways that has to be done, it ends up costing a lot more later.            
 The state is now at the point where, if it does not seriously                 
 address the maintenance problems, we will be in big trouble.                  
                                                                               
 Number 399                                                                    
                                                                               
 SENATOR KELLY asks what the federal tax rate per gallon on fuel is.           
                                                                               
 The federal tax rate on motor fuel is 18.4 cents per gallon.                  
                                                                               
                                                                               
 Number 404                                                                    
                                                                               
 SENATOR KERTTULA states the trucking industry should have a good              
 look at what kind of an increase it could support, since taxes are            
 so low in Alaska.                                                             
                                                                               
 Number 428                                                                    
                                                                               
 MR. DILLON says the Alaska Trucking Association does advocate an              
 increase in the motor fuel tax and has worked with DOT on this                
 subject.  The association felt that a 100% increase in taxes to 16            
 cents per gallon would be a reasonable step forward, but that was             
 connected to the dedicated funding for maintenance.                           
                                                                               
 SENATOR KERTTULA says pseudo-dedicated funds set up without a                 
 constitutional amendment are handled pretty good.  Book-keeping               
 dedications work pretty good; the legislature takes money from                
 those dedications and applies it towards the allocation for which             
 it was intended.  Even though the legislature is not                          
 constitutionally required to do this, they do it because their                
 constituents are looking over their shoulder.                                 
                                                                               
 Number 440                                                                    
                                                                               
 SENATOR KELLY asks what the impact 2 cents a gallon will have on              
 the municipalities.                                                           
                                                                               
 Number 443                                                                    
                                                                               
 SENATOR KERTTULA argues that the money cannot be reallocated at the           
 point of collection, it will have to be reallocated from the amount           
 of roads or by some other system.  A person fills their tank in one           
 area, and then drives out of that area and into another area.  So             
 reallocation by point of collection is not a good way to distribute           
 the money.  Perhaps there could be a regional distribution system.            
 It also could not be redistributed on a population basis either.              
                                                                               
 SENATOR KELLY asks if there has been any indication as to what                
 amount of money is involved.                                                  
                                                                               
 Number 450                                                                    
                                                                               
 CHAIRMAN SHARP calls a representative from the Department of                  
 Revenue to perhaps answer some of the fiscal questions.                       
                                                                               
 Number 460                                                                    
                                                                               
 SENATOR LINCOLN comments she would like to see where DOT could                
 possibly cut maintenance costs, perhaps through looking at things             
 like banning studded tires.  The state needs to address cuts,                 
 rather than just increasing the motor fuel taxes.  Senator Lincoln            
 states she does not want to see a situation whereby taxes from fuel           
 purchased in Fairbanks, but used in the bush, would go towards road           
 maintenance in Fairbanks.                                                     
                                                                               
 CHAIRMAN SHARP says that sort of situation would be exempt from the           
 tax increase provided for in SB 334.                                          
                                                                               
 Number 470                                                                    
                                                                               
 PAUL DICK, Department of Revenue states that every cent of motor              
 fuel tax increase would increase revenues by an estimated 4.8                 
 million dollars.  Accordingly, assuming that the municipalities go            
 with the full two cent increase, there would be 9.6 million                   
 dollars.  Although, in the committee substitute, there is a                   
 provision for a one percent administrative cost withholding on                
 that.  So the department estimates approximately 9.5 million                  
 dollars would go to municipalities under SB 334.                              
                                                                               
 MR. DICK says he is concerned with one aspect of the proposed cs              
 for SB 334: the municipal motor fuel tax is going to open up a                
 whole new level of reporting requirements by those involved in the            
 motor fuel industry.  Right now, our motor fuel tax is structured             
 at the wholesale level.  The point of taxation is when wholesalers            
 bring fuel into the state.  Under this bill, in order to return               
 this money back to the municipalities, there will have to be some             
 reporting by the wholesaler and subsequent distributors, and from             
 distributors to retail, to the ultimate point of sale so that money           
 can be allocated back.  There will be a whole new reporting level,            
 which would significantly increase the Department of Revenue's                
 workload.                                                                     
                                                                               
 Number 491                                                                    
                                                                               
 CHAIRMAN SHARP says the original instructions to the bill drafter             
 on the cs were to possibly base the rebate on population within the           
 city or the borough as of the last census date.  Realizing that it            
 doesn't have any direct relation to miles of roads or sales of                
 gasoline within an area, but the purpose of this is for discussion            
 on the municipality additions.  We all know that municipal                    
 assistance and revenue sharing is decreasing every year, and is               
 probably going to go away.  Most of the larger entities do have               
 road maintenance responsibilities.  It's a use tax; they should               
 share in that.  It was discussed three years ago in House Finance             
 Committee when the first dedicated fund was proposed by the                   
 governor.  The chairman agrees it would be a bearcat administrative           
 paper trail, particularly since many of the retail facilities sell            
 fuel outside the area in which they are located.                              
                                                                               
 Number 514                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asks what the breakdown is on the 9.6                  
 million dollars generated from each organized part of the state,              
 and the unorganized areas.  Where is the money being generated and            
 how much is being generated.                                                  
                                                                               
 Number 518                                                                    
                                                                               
 MR. DICK responds that wholesalers do not report that information             
 to the Department of Revenue, so the department does not have any             
 data available to crunch those numbers.                                       
                                                                               
 Number 524                                                                    
                                                                               
 CHAIRMAN SHARP asks if there are any other questions.  Hearing                
 none, he states there is a need to talk about taxing motor fuel.              
 Number 527                                                                    
                                                                               
 CHAIRMAN SHARP adjourns the Senate Transportation Committee meeting           
 at 4:13 p.m.                                                                  
                                                                               

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