Legislature(2005 - 2006)BUTROVICH 205

03/16/2006 01:30 PM Senate TRANSPORTATION


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02:06:15 PM Start
02:06:46 PM SB308
02:32:37 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 308 ALASKA RAILROAD REVENUE BONDS TELECONFERENCED
Moved SB 308 Out of Committee
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         March 16, 2006                                                                                         
                           2:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Charlie Huggins, Chair                                                                                                  
Senator John Cowdery, Vice Chair                                                                                                
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Albert Kookesh                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 308                                                                                                             
"An  Act authorizing  the Alaska  Railroad  Corporation to  issue                                                               
revenue  bonds  to  finance  rail  transportation  projects  that                                                               
qualify for  federal financial  participation; and  providing for                                                               
an effective date."                                                                                                             
     MOVED SB 308 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 308                                                                                                                  
SHORT TITLE: ALASKA RAILROAD REVENUE BONDS                                                                                      
SPONSOR(s): TRANSPORTATION                                                                                                      
                                                                                                                                
03/09/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/09/06       (S)       TRA, FIN                                                                                               
03/16/06       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
PATRICK GAMBLE, President and CEO                                                                                               
Alaska Railroad Corporation                                                                                                     
Department of Commerce, Community & Economic Development                                                                        
PO Box 110800                                                                                                                   
Juneau, AK 99811-0800                                                                                                           
POSITION STATEMENT: Supported SB 308.                                                                                         
                                                                                                                                
BILL O'LEARY, Vice President & CFO                                                                                              
Finance                                                                                                                         
Alaska Railroad Corporation                                                                                                     
Department of Commerce, Community & Economic Development                                                                        
PO Box 110800                                                                                                                   
Juneau, AK 99811-0800                                                                                                           
POSITION STATEMENT: Supported SB 308.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR CHARLIE  HUGGINS called the Senate  Transportation Standing                                                             
Committee meeting  to order at 2:06:15  PM.  Present at  the call                                                             
to  order were  Senators Therriault,  Cowdery and  Chair Huggins.                                                               
Senator French was in route and Senator Kookesh was excused.                                                                    
                                                                                                                                
2:06:46 PM                                                                                                                    
              SB 308-ALASKA RAILROAD REVENUE BONDS                                                                          
                                                                                                                                
CHAIR   CHARLIE  HUGGINS   announced  SB   308  to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
PAT GAMBLE, President and CEO,  Alaska Railroad Corporation (ARR)                                                               
introduced BILL  O'LEARY, Vice President,  Finance, and  CFO, and                                                               
said they would  be testifying on the  Railroad transfer statutes                                                               
that would  be required  in the  event it  would use  its bonding                                                               
authority. He said HB 491 was the companion bill.                                                                               
                                                                                                                                
CHAIR HUGGINS asked about the status of the House Bill.                                                                         
                                                                                                                                
MR. GAMBLE replied  that it was moving forward and  would soon be                                                               
in  Finance. He  briefed  the committee  using  a PowerPoint  and                                                               
began by saying that the  bonds are actually called capital grant                                                               
receipt revenue  bonds and they  are not to exceed  $165 million.                                                               
Federal money  has come to  the Railroad consistently  every year                                                               
for maintenance that  was deferred between the  rebuilding of the                                                               
railroad after WWII  up and through the 80s until  it was sold to                                                               
the  state. When  the  feds  knew they  were  going  to sell  the                                                               
railroad, they  deferred a  lot of  capital improvements,  so the                                                               
safety record wasn't good at the  time of transfer. The main line                                                               
failed in a  number of ways that caused derailments  - as high as                                                               
60 to 80 per year.                                                                                                              
                                                                                                                                
2:09:08 PM                                                                                                                    
In 1996, the  president of the Railroad,  Governor Sheffield, and                                                               
Senator  Ted   Stevens  went  to   Washington  D.C.   and  gained                                                               
entitlements  for  Federal  Transit  Administration  (FTA)  funds                                                               
(funds that  go to  any railroad  that carries  passenger). Those                                                               
weren't  enough  at the  time  and  Senator Stevens  got  further                                                               
increases. About $220  million has been put into  the mainline of                                                               
the Railroad in refurbishment since 1996.                                                                                       
MR. GAMBLE said  that FTA funds have expanded to  $30 million per                                                               
year and today they were asking  for the ability to use a portion                                                               
of these  funds to pay  off the debt  service on the  bonding. He                                                               
explained how they would use the money:                                                                                         
                                                                                                                                
     Without  neutering the  rest  of  our capital  program,                                                                    
     because we're only  going to use upwards  of 50 percent                                                                    
     to pay  off the  debt service  and accelerate  the work                                                                    
     that's  been   done  since  1996  to   finish  off  the                                                                    
     refurbishment  of  the  mainline  of  Alaska  Railroad,                                                                    
     principally  between Anchorage  and Fairbanks,  because                                                                    
     that's where the gross tonnage really occurs.                                                                              
                                                                                                                                
He  said the  refurbishment  could  be completed  7  to 10  years                                                               
sooner instead  of not  knowing what dollars  it would  get every                                                               
year and  then reacting  on short notice  and not  really putting                                                               
those dollars  to work until  middle of  the year when  the grant                                                               
process was  finally complete. The Railroad  could actually front                                                               
load the  dollars, do the bond  issuances and then have  a stable                                                               
predictable work  program, year-by-year-by-year  all the  way out                                                               
into the future to completion. The change would be significant.                                                                 
                                                                                                                                
2:11:44 PM                                                                                                                    
He related that the railroad  wheels become worn after going over                                                               
rails where  they come together and  one of the features  of this                                                               
refurbishment is that  the rail would be welded all  the way from                                                               
Anchorage to  Fairbanks. Concrete ties  would be used  for curves                                                               
of  6 degrees  or more,  because they  don't flex  and would  add                                                               
stability in a way wooden ties couldn't.                                                                                        
                                                                                                                                
2:13:03 PM                                                                                                                    
SENATOR FRENCH joined the meeting.                                                                                              
                                                                                                                                
SENATOR COWDERY asked  if the concrete ties would be  the same as                                                               
those used  for high-speed trains  in Europe and  Asia - in  an S                                                               
pattern that would mitigate side-by-side motion.                                                                                
                                                                                                                                
MR. GAMBLE replied no;  they have a little bit of  a bow to them.                                                               
The concrete  tie manufacturing process  is patented in  the U.S.                                                               
where  only  two  companies  make   them.  The  specs  are  quite                                                               
difficult  to meet.  If  a tie  is made  wrong,  forces from  the                                                               
railroad cars  will transfer  through the  rebar to  the concrete                                                               
and actually  break the  tie up. If  the Railroad  created enough                                                               
demand for the ties, a  manufacturing plant would be brought into                                                               
Alaska. Ties could then be backhauled to the West Coast.                                                                        
                                                                                                                                
CHAIR  HUGGINS asked  if the  Railroad  would haul  pipe for  the                                                               
gasline, because it would be too heavy for roads.                                                                               
                                                                                                                                
MR.  GAMBLE replied  that was  correct. He  said the  engineering                                                               
detail is beginning  to come out - 40 ft.  sticks of inch-and-an-                                                               
eighth, 52-inch pipe  - 1 ft. weighs a little  less than 620 lbs.                                                               
You don't just lay them one  against the other; you actually pack                                                               
them. Depending on how you pack  them, four to six could probably                                                               
fit on a flatcar.                                                                                                               
                                                                                                                                
SENATOR  COWDERY  asked  if  the Railroad  could  handle  80  ft.                                                               
joints.                                                                                                                         
                                                                                                                                
MR.  GAMBLE replied  yes, but  probably only  two or  three at  a                                                               
time.                                                                                                                           
                                                                                                                                
SENATOR  COWDERY said  that  is why  he  supported extending  the                                                               
railroad to Canada.                                                                                                             
                                                                                                                                
MR. GAMBLE  responded that the  department's bridge  program goes                                                               
hand-in-hand with the line refurbishment  and it is still robust.                                                               
The  stated goal  of the  Railroad is  to be  ready whenever  the                                                               
pipeline  requires  it.  He  showed  the  committee  a  chart  of                                                               
accident rates,  project information and  a summary of  how money                                                               
was  spent. An  accompanying map  showed work  progression on  an                                                               
annual basis.                                                                                                                   
                                                                                                                                
The Railroad  has to replace its  wooden ties every 35  years and                                                               
it  is  now  using  Global  Positioning  System  (GPS)  to  avoid                                                               
collisions and it  is developing a program that  actually shuts a                                                               
train down  if it detects it  is too close to  another vehicle on                                                               
the line. The  Alaska Railroad will probably be the  first in the                                                               
United States to have that system working (in about 1.5 years).                                                                 
                                                                                                                                
2:20:00 PM                                                                                                                    
CHAIR HUGGINS asked  if he anticipated getting some  work done in                                                               
2006.                                                                                                                           
                                                                                                                                
MR. GAMBLE  replied yes if they  get approval for the  bonds. The                                                               
actual bond  issuances would  happen over  the period  of several                                                               
years. Each issue has to be approved by the Board individually.                                                                 
                                                                                                                                
SENATOR COWDERY asked if these bonds are like Garvy bonds.                                                                      
                                                                                                                                
MR.  GAMBLE  explained the  difference  between  these and  Garvy                                                               
bonds is that  the Railroad would know exactly what  it would get                                                               
every year. It  is based on a formula for  passenger track miles,                                                               
not  appropriations. That  formula  escalates by  a factor  every                                                               
single year.                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT  reminded him that all  entitlements are still                                                               
subject to appropriation from Congress.                                                                                         
                                                                                                                                
MR. GAMBLE admitted  that was true, but the  ARR entitlements are                                                               
linked  to  all passenger  railroad  entitlements  in the  Unites                                                               
States and if  ARR's entitlement were stopped,  the whole formula                                                               
would have to  change - and the likelihood of  that happening was                                                               
small. These are 12-year bonds and  they are looking for one more                                                               
cycle.                                                                                                                          
                                                                                                                                
SENATOR FRENCH  said this looks  like a totally  safe investment,                                                               
but asked  what risk there was  in reference to the  chart called                                                               
"Why Now."                                                                                                                      
                                                                                                                                
MR. GAMBLE  replied what little risk  there is would be  taken by                                                               
those who would  be buying the bonds, because the  full faith and                                                               
credit of the  Alaska Railroad and the State of  Alaska would not                                                               
be  backing  them. The  interest  rate  should be  favorable  and                                                               
market indications are such that bonds are very low risk.                                                                       
                                                                                                                                
MR. GAMBLE  continued explaining his chart.  He concluded saying,                                                               
"So, we  still have a  very robust  capital program with  over 50                                                               
percent of  our capital dollars  still at discretion to  spend on                                                               
other things."                                                                                                                  
                                                                                                                                
2:26:32 PM                                                                                                                    
CHAIR  HUGGINS asked  him to  explain why  the Railroad  is going                                                               
through this process.                                                                                                           
                                                                                                                                
MR.  GAMBLE  replied that  the  State  Railroad transfer  statute                                                               
demands it.                                                                                                                     
                                                                                                                                
CHAIR HUGGINS asked  him to explain language on page  2, lines 6-                                                               
9.                                                                                                                              
                                                                                                                                
2:28:30 PM                                                                                                                    
MR.  O'LEARY   answered  that  language  was   suggested  by  the                                                               
department's  Bond Council  and  it was  designed  to permit  the                                                               
Railroad  to refinance  the  debt that  would  come from  issuing                                                               
these bonds.  Language on line  7 says, similar to  refinancing a                                                               
mortgage, you  could actually raise  the amount of  the principal                                                               
in a refinancing transaction.                                                                                                   
                                                                                                                                
SENATOR FRENCH asked if the  understanding was that overall, they                                                               
would save  money because  they would be  refinancing at  a lower                                                               
rate.                                                                                                                           
                                                                                                                                
MR. O'LEARY replied, "Absolutely."                                                                                              
                                                                                                                                
MR. GAMBLE  pointed out that the  Railroad may not need  to issue                                                               
the  total amount  stated in  the  bill. For  example, getting  a                                                               
couple  of  FTA  appropriations would  significantly  impact  the                                                               
total needed to finish the project.                                                                                             
                                                                                                                                
CHAIR  HUGGINS  asked  what  the alternative  was  if  this  bill                                                               
doesn't pass.                                                                                                                   
                                                                                                                                
MR. GAMBLE replied  that the Railroad would take  the same amount                                                               
of money  it was talking  about using for  the debt service  on a                                                               
year-to-year basis  and would continue  to put a portion  of that                                                               
into  the  main line.  However,  it  would  take  as much  as  10                                                               
additional years to get the refurbishment to where it was going.                                                                
                                                                                                                                
CHAIR HUGGINS  asked what  the state's liability  was in  case of                                                               
default.                                                                                                                        
                                                                                                                                
MR. O'LEARY replied that there was  no liability to the state nor                                                               
to the ARR.                                                                                                                     
                                                                                                                                
CHAIR HUGGINS found no further testimony or questions.                                                                          
                                                                                                                                
2:32:14 PM                                                                                                                    
SENATOR COWDERY  moved to report  SB 308 and from  committee with                                                               
individual recommendations  and zero fiscal note.  There being no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Huggins adjourned the meeting at 2:32:37 PM.                                                                            
                                                                                                                                

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