Legislature(2007 - 2008)BUTROVICH 205

03/25/2008 02:00 PM Senate TRANSPORTATION


Download Mp3. <- Right click and save file as

Audio Topic
02:06:07 PM Start
02:11:37 PM SB268
03:25:14 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
* SB 268 KNIK ARM BRIDGE & TOLL AUTHORITY
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         March 25, 2008                                                                                         
                           2:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Albert Kookesh, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Donald Olson                                                                                                            
Senator Bill Wielechowski                                                                                                       
Senator Gary Wilken                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 268                                                                                                             
"An Act  amending the  ability of  the Knik  Arm Bridge  and Toll                                                               
Authority to make and execute  certain agreements, contracts, and                                                               
other  instruments; and  relating  to the  facility toll  charges                                                               
that the  authority may  collect from its  operation of  the Knik                                                               
Arm bridge  and appurtenant  facilities and  to the  necessity of                                                               
securing the  approval of the commissioner  of transportation and                                                               
public  facilities as  to the  amounts  to be  collected as  toll                                                               
charges."                                                                                                                       
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 268                                                                                                                  
SHORT TITLE: KNIK ARM BRIDGE & TOLL AUTHORITY                                                                                   
SPONSOR(s): SENATOR(s) ELLIS                                                                                                    
                                                                                                                                
02/13/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/08       (S)       TRA, FIN                                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MAX HENSLEY                                                                                                                     
Staff to Senator Ellis                                                                                                          
Alaska State Capitol                                                                                                            
Juneau AK                                                                                                                       
POSITION STATEMENT: Commented on SB 268 for the sponsor.                                                                      
                                                                                                                                
GEORGE WUERCH, Chairman                                                                                                         
Board of Directors                                                                                                              
Knik Arm Bridge and Toll Authority (KABATA)                                                                                     
Anchorage AK                                                                                                                    
POSITION STATEMENT: Opposed SB 268.                                                                                           
                                                                                                                                
ANDREW NIEMIEC, Executive Director                                                                                              
Knik Arm Bridge and Toll Authority                                                                                              
Anchorage AK                                                                                                                    
POSITION STATEMENT: Opposed SB 268.                                                                                           
                                                                                                                                
BOB FRENCH, Co-Vice President                                                                                                   
Government Hill Community Council                                                                                               
Anchorage AK                                                                                                                    
POSITION STATEMENT: Supported SB 268.                                                                                         
                                                                                                                                
LOIS EPSTEIN, Director                                                                                                          
Alaska Transportation Priorities Project                                                                                        
Anchorage AK                                                                                                                    
POSITION STATEMENT: Supported SB 268.                                                                                         
                                                                                                                                
STEVE CLEARY, Executive Director                                                                                                
Alaska Public Interest Research Group (AKPIRG)                                                                                  
Anchorage AK                                                                                                                    
POSITION STATEMENT: Supported SB 268.                                                                                         
                                                                                                                                
SUZANNE DIPIETRO                                                                                                                
Anchorage Citizen's Coalition                                                                                                   
Anchorage AK                                                                                                                    
POSITION STATEMENT: Supported SB 268.                                                                                         
                                                                                                                                
DARCIE SOLMON, Vice President                                                                                                   
KABATA                                                                                                                          
Anchorage AK                                                                                                                    
POSITION STATEMENT: Opposed SB 268.                                                                                           
                                                                                                                                
MARTY METIVA, representing himself                                                                                              
Wasilla AK                                                                                                                      
POSITION STATEMENT: Opposed SB 268.                                                                                           
                                                                                                                                
CHERYL METIVA, Executive Director                                                                                               
Greater Wasilla Chamber of Commerce                                                                                             
Wasilla AK                                                                                                                      
POSITION STATEMENT: Opposed SB 268.                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR ALBERT  KOOKESH called  the Senate  Transportation Standing                                                             
Committee meeting to order at 2:06:07  PM. Present at the call to                                                             
order were Senators Cowdery, Wilken, and Kookesh.                                                                               
                                                                                                                                
            SB 268-KNIK ARM BRIDGE & TOLL AUTHORITY                                                                         
                                                                                                                                
CHAIR AL KOOKESH announced consideration of SB 268.                                                                             
                                                                                                                                
MAX HENSLEY, staff to Senator Ellis,  sponsor of SB 268, said the                                                               
purpose  of this  bill  is  to continue  the  trend  of open  and                                                               
transparent  government.  Any  potential Knik  Arm  Bridge,  even                                                               
given the  most optimistic price  estimates, would be one  of the                                                               
most expensive public works projects  the state has seen. He said                                                               
the amount  of money at  stake, the long term  fiscal commitments                                                               
and  the  effects on  the  neighborhoods  it would  impact  would                                                               
require some  kind of governmental oversight  and the legislative                                                               
body is the appropriate place for that to occur.                                                                                
                                                                                                                                
This  bill establishes  a 60-day  public comment  period for  any                                                               
contract that  the Knik  Arm Bridge  and Toll  Authority (KABATA)                                                               
could sign  to build  a bridge  followed by  a 60-day  period for                                                               
legislature  approval. It  also  contains  a consumer  protection                                                               
provision which  would limit  price increases  for tolls  to help                                                               
commuters in Anchorage and MatSu who  would come to depend on the                                                               
bridge.                                                                                                                         
                                                                                                                                
MR.  HENSLEY said  SB 268  is  supported by  the Government  Hill                                                               
Community  Council  where  the  bridge  would  hit  land  on  the                                                               
Anchorage side,  the Municipality of Anchorage  and the Anchorage                                                               
Daily News.                                                                                                                     
                                                                                                                                
SENATOR COWDERY  asked what the  financing community  would think                                                               
about all the legislative oversight.  He asked if it was intended                                                               
to chill the bill.                                                                                                              
                                                                                                                                
MR. HENSLEY  replied no;  any investor would  need to  be assured                                                               
this project  was supported by  state government  and legislative                                                               
approval and public comments would allow them that security.                                                                    
                                                                                                                                
SENATOR COWDERY  said this  is a much  needed project  for public                                                               
safety purposes. He  asked how many people drive  in from Wasilla                                                               
every day.                                                                                                                      
                                                                                                                                
MR. HENSLEY replied a lot, but he didn't have an exact number.                                                                  
                                                                                                                                
SENATOR COWDERY noted there were  lots of accidents. He said this                                                               
bridge  is needed  and that  it's almost  impossible for  a first                                                               
time home  buyer to buy a  home in Anchorage because  of the lack                                                               
of land.                                                                                                                        
                                                                                                                                
2:11:37 PM                                                                                                                    
SENATOR OLSON joined the committee.                                                                                             
                                                                                                                                
SENATOR COWDERY said the financing  community would decide if the                                                               
project was  feasible or not  and he  thought all the  hurdles in                                                               
the bill would  kill the project. He asked how  much public money                                                               
was invested in this project so far.                                                                                            
                                                                                                                                
MR.  HENSLEY  replied  the   legislature  has  appropriated  $105                                                               
million towards KABATA and approximately  $34 million of that has                                                               
been spent so far.                                                                                                              
                                                                                                                                
SENATOR  COWDERY  asked  if the  Environmental  Impact  Statement                                                               
(EIS) was done.                                                                                                                 
                                                                                                                                
MR. HENSLEY replied he thought it was in progress.                                                                              
                                                                                                                                
CHAIR  KOOKESH had  to  testify in  another  committee and  asked                                                               
Senator Cowdery to chair the meeting in his absence.                                                                            
                                                                                                                                
2:13:03 PM                                                                                                                    
GEORGE WUERCH, Chairman, Board of  Directors, Knik Arm Bridge and                                                               
Toll Authority (KABATA) said he  was accompanied by the executive                                                               
director, Andrew Niemiec. He said  he would give them an overview                                                               
of KABATA's origins and activities to date.                                                                                     
                                                                                                                                
He  said  it's  almost  five  years to  the  day  when  the  2003                                                               
legislature  pulled up  and looked  at  a 20-year  old bill  that                                                               
created  the toll  authority  for crossing  the  Knik Arm  River.                                                               
Unfortunately, the oil economy went  to pieces in the mid-80s and                                                               
that project  never got off  the ground. All  it had was  a draft                                                               
environmental impact statement.                                                                                                 
                                                                                                                                
MR. WUERCH said that toll concept  was updated and passed by both                                                               
Houses  in  2003. He  explained  that  the initial  efforts  were                                                               
geared   to   gather  the   field   data,   both  technical   and                                                               
environmental,  and  start  the  Environmental  Impact  Statement                                                               
(EIS)  process using  the federal  Highway Administration  as the                                                               
lead agency.                                                                                                                    
                                                                                                                                
In the initial months they looked  for a financing plan that they                                                               
referred to  as the "three-legged  stool." They  anticipated one-                                                               
third  of the  cost of  construction  would come  from a  federal                                                               
appropriation,  one-third  from  the  state  and  one-third  from                                                               
revenue bonds.  Unfortunately, the "bridge to  nowhere" label hit                                                               
Alaska  then  and the  federal  funding  dropped from  over  $200                                                               
million to a  little over $90 million. State  funding was dropped                                                               
from the  governor's budget in  its entirety and the  bond market                                                               
was telling them it was very  unlikely that it could sell revenue                                                               
bonds for the total amount needed at that time.                                                                                 
                                                                                                                                
Their new  approach was  sponsored by  Congressman Young  who for                                                               
the first time arranged for  public private partnerships for toll                                                               
roads  and   toll  bridges.  So,   in  2006,  KABATA   asked  the                                                               
legislature to amend statute to  give it the opportunity to enter                                                               
into  these  new  public/private   partnership  deals;  that  was                                                               
authorized. He explained  that the 2006 budget  included a little                                                               
over $100  million for DOTPF,  which was the  federal/state match                                                               
money the previous  speaker talked about. That  funding stream is                                                               
what  has  been  paying  for  the EIS,  most  of  the  regulatory                                                               
permits, and is  anticipated to be sufficient to  get through the                                                               
procurement phases of this project.                                                                                             
                                                                                                                                
Ultimately,  Mr. Wuerch  said,  he hoped  that  the remainder  of                                                               
those  public dollars  would  be the  equivalent  to about  10-15                                                               
percent of  the constructions cost  and would, in effect,  be the                                                               
state's equity  in this  project with the  balance coming  from a                                                               
private investor.                                                                                                               
                                                                                                                                
2:19:25 PM                                                                                                                    
MR.  WUERCH  said  in  those  last five  years  KABATA  has  been                                                               
successful  in qualifying  for participation  in certain  federal                                                               
loan programs for transportation  projects; one is authorized and                                                               
one is pending.  He said the final EIS has  been published in the                                                               
federal register  and the final  step will  be the issuance  of a                                                               
record  of decision  by the  federal Highway  Administration, now                                                               
pending.  KABATA has  qualified  through  a two-step  procurement                                                               
policy, following  federal Highway  and Alaska  DOTPF procurement                                                               
regulations,  two international  consortia as  potential partners                                                               
to the state. The next step  is to finalize the conditions of the                                                               
request  for  proposal  (RFP)  and   then  get  the  hard  dollar                                                               
proposals back from the two qualified consortia.                                                                                
                                                                                                                                
Next, Mr.  Wuerch said he  wanted to clarify  some misconceptions                                                               
about KABATA. He said the Knik  Arm crossing is not just a public                                                               
works  project;  it's a  public  private  partnership. KABATA  is                                                               
selling  a revenue  stream of  tolls that  would come  in over  a                                                               
period  of  55 years  in  exchange  for the  investor  financing,                                                               
designing, constructing  and operating  and maintaining  the Knik                                                               
Arm crossing  for that period  of time. At  the end of  that time                                                               
the state would own it.                                                                                                         
                                                                                                                                
MR.  WUERCH said  that most  importantly, this  is a  "franchise"                                                               
where the investor  will be expected to share  the revenue stream                                                               
with the state  (in the form of KABATA) so  reserves can be built                                                               
up for expanding the system  or conducting any other changes that                                                               
are wanted as the  years go by. He said the  RFP will contain the                                                               
terms of the "franchise" and  the technical provisions for design                                                               
and  construction  of the  bridge.  That  document will  be  made                                                               
public as soon as possible.                                                                                                     
                                                                                                                                
He pointed out  that the current statute lets  the toll authority                                                               
board  of seven  people  review and  approve  toll changes.  They                                                               
believe  a  board of  seven  consisting  of public  members,  the                                                               
administration and elected members of  the House and Senate bring                                                               
a far broader perspective of the  best interests of Alaska than a                                                               
one-person toll-setting authority.                                                                                              
                                                                                                                                
SENATOR COWDERY  asked how  many public meetings  he had  on this                                                               
issue.                                                                                                                          
                                                                                                                                
2:24:15 PM                                                                                                                    
SENATOR WIELECHOWSKI arrived.                                                                                                   
                                                                                                                                
MR. WUERCH replied well  over 50, but the list was  on page 14 of                                                               
this handout.  He said  KABATA staff also  responded to  over 100                                                               
requests   from   business   groups   and   service   clubs   for                                                               
presentations over the past five years.                                                                                         
                                                                                                                                
SENATOR COWDERY asked if the MatSu Valley support this concept.                                                                 
                                                                                                                                
MR. WUERCH  replied yes; public  opinion polls have  indicated 70                                                               
percent  support  and they  found  an  acceptable toll  would  be                                                               
around $5 adjusted for inflation.                                                                                               
                                                                                                                                
SENATOR COWDERY asked if Associated  General Contractors (AGC) or                                                               
the administration supported this.                                                                                              
                                                                                                                                
MR. WUERCH replied that he  hadn't received a resolution from the                                                               
AGC and hadn't heard from the administration.                                                                                   
                                                                                                                                
SENATOR COWDERY  asked if the  Chambers of Commerce for  both the                                                               
Valley and Anchorage support it.                                                                                                
                                                                                                                                
MR. WUERCH replied yes they have  a good list of resolutions from                                                               
them in support of the project.  In parallel to those are actions                                                               
by  the various  regulatory bodies  like the  Anchorage Assembly,                                                               
the MatSu Assembly and the Wasilla City Council all in support.                                                                 
                                                                                                                                
2:27:45 PM                                                                                                                    
ANDREW  NIEMIEC, Executive  Director,  Knik Arm  Bridge and  Toll                                                               
Authority, said  he wanted to  summarize some of  the information                                                               
in  the handout.  People at  KABATA recognize  that the  Knik Arm                                                               
crossing is one of the largest  projects in Alaska and the public                                                               
is interested  in it.  One of  its primary  goals is  to maximize                                                               
value  and  benefits to  the  state  and extensive  analysis  has                                                               
confirmed  the  legislature's  directive that  a  completed  toll                                                               
bridge across  the Knik Arm  will develop, stimulate  and advance                                                               
the economic welfare of the  state and further the development of                                                               
the  state's   transportation  system.  They  also   endorse  the                                                               
governor's policy of open process.                                                                                              
                                                                                                                                
He said that  SB 268 proposes to severely  limit KABATA's ability                                                               
to enter into  a public private partnership and as  well as other                                                               
contracts.  But,  their  proposed partnership  allows  KABATA  to                                                               
leverage   limited  public   funds  to   deliver  a   significant                                                               
infrastructure project for Alaska.                                                                                              
                                                                                                                                
MR. NIEMIEC  said they have  prequalified the two  consortia that                                                               
Mr. Wuerch identified  and the second portion  of the procurement                                                               
is  the  RFP from  qualified  developers.  These proposals  would                                                               
include firm financial and technical commitments.                                                                               
                                                                                                                                
He  said   generally  the  public  and   the  administration  are                                                               
concerned  about risk  allocation and  the financial  obligations                                                               
that  would  fall to  the  state  and  potential impacts  to  the                                                               
federal highway program and other  projects. Developers require a                                                               
viable investment opportunity and they  need to know the state is                                                               
behind the  project. KABATA shares  all these concerns  and needs                                                               
to resolve them prior to completing its procurement.                                                                            
                                                                                                                                
When  the RFP  is finalized,  it will  be made  available to  the                                                               
public for  review. Moving forward with  the project development,                                                               
he said KABATA's primary focus  is on completing the NEVA process                                                               
which involves  supporting the Federal Highway  Administration as                                                               
they address comments on the final  EIS and develop the record of                                                               
decision. They  also must apply  for the  necessary environmental                                                               
permits.                                                                                                                        
                                                                                                                                
MR.  NIEMIEC  said they  would  continue  the public  involvement                                                               
process and develop a recommendation  that addresses the concerns                                                               
raised.  However, he  said that  SB  268 is  not compatible  with                                                               
their  procurement process  and  ultimately does  not insure  the                                                               
best value  to the state.  He respectfully urged  the legislature                                                               
to take no action on SB 268 or on HB 365.                                                                                       
                                                                                                                                
SENATOR  COWDERY  asked  if other  transportation  entities  like                                                               
trucking support this.                                                                                                          
                                                                                                                                
MR. NIEMIEC  replied that the  trucking association's  support of                                                               
the project is geared towards getting  a lot of truck traffic out                                                               
of  the Anchorage  area so  it would  go directly  north and  not                                                               
through Anchorage and up through Wasilla.                                                                                       
                                                                                                                                
SENATOR  OLSON said  he didn't  see how  traffic could  stay away                                                               
from  downtown Anchorage  if the  project was  going to  start at                                                               
Government Hill.                                                                                                                
                                                                                                                                
MR. NIEMIEC  responded that some  of the traffic going  north out                                                               
of  the Kenai  and Seward  would probably  continue up  the Glenn                                                               
Highway instead of going through town.                                                                                          
                                                                                                                                
SENATOR OLSON said  one of the concerns is the  $105 million, $34                                                               
million of  which has already been  spent. He asked what  the $34                                                               
million had been spent on.                                                                                                      
                                                                                                                                
MR.  WUERCH explained  that the  board  is not  salaried and  the                                                               
original statute  authorized a stipend of  $300/day plus expenses                                                               
for board time. The $34 million  paid for the final EIS, which is                                                               
a substantial  body of work, the  cost of all those  studies, the                                                               
technical  data  gathering  and  the  development  of  conceptual                                                               
designs. It  also paid for  all the bidding documents,  the draft                                                               
RFP, the draft contract and the technical provisions. He stated:                                                                
                                                                                                                                
     This is  not like just  going out and buying  a bridge;                                                                    
     we're selling  a revenue stream.  This is  a trade-off.                                                                    
     We say  you can have  a portion of this  revenue stream                                                                    
     if you do these things and  pay the State of Alaska for                                                                    
     the privilege of having that transaction.                                                                                  
                                                                                                                                
SENATOR OLSON asked what the EIS has cost so far.                                                                               
                                                                                                                                
MR. NIEMIEC replied $25 million plus.                                                                                           
                                                                                                                                
SENATOR OLSON  said a  project like  this that  at one  point was                                                               
budgeted at  $600 million is  probably going to  be significantly                                                               
more than that. He asked if  an EIS of $30 million was comparable                                                               
to other projects of a billion dollar magnitude.                                                                                
                                                                                                                                
MR. NIEMIEC replied yes and added  that it is also telling of the                                                               
actual work that  has gone into addressing the  concerns that are                                                               
associated with this project.                                                                                                   
                                                                                                                                
SENATOR OLSON asked how much federal money had been spent on it.                                                                
                                                                                                                                
MR.  NIEMIEC  replied that  the  bulk  of  that $104  million  is                                                               
federal funds matched by state funds.                                                                                           
                                                                                                                                
MR. WUERCH said roughly 10 percent  is state money and no private                                                               
money had been spent on it yet.                                                                                                 
                                                                                                                                
SENATOR WILKEN asked the current estimate of a complete project.                                                                
                                                                                                                                
MR.  WUERCH said  the final  decision of  whether to  finance the                                                               
project is  up to the investors  and why would people  be willing                                                               
to  do that?  He said  that  other countries  like Australia  and                                                               
Spain put  their retirement funds  in the hands of  private banks                                                               
not the government  like the United State does and  they are very                                                               
anxious to find long term  investments. The United States is kind                                                               
of slow to  come to the party,  but it is starting  and Alaska is                                                               
in the  vanguard of  this concept. He  emphasized that  if KABATA                                                               
attracts investors, those investors are  the ones that will share                                                               
the risk.                                                                                                                       
                                                                                                                                
2:39:04 PM                                                                                                                    
SENATOR WILKEN said he saw  it a little differently because there                                                               
is an  option to this bridge  - the distance between  that bridge                                                               
and Wasilla  is a  matter of  a half  mile if  the tolls  get too                                                               
high. He asked if he had a  range of tolls that would be required                                                               
to support this project.                                                                                                        
                                                                                                                                
MR.  NIEMIEC replied  the current  modeling centers  around a  $5                                                               
toll in each direction.                                                                                                         
                                                                                                                                
SENATOR  WILKEN  mused a  $10/day  round  trip  to pay  off  $105                                                               
million   in   state   money  and   $260   million   in   federal                                                               
transportation  loans  and  the   expectation  that  the  private                                                               
company  would float  tax exempt  bonds of  around $600  million.                                                               
That  says there  is about  $965 million  in debt  of which  $105                                                               
million is grants.                                                                                                              
                                                                                                                                
MR. WUERCH replied those numbers  don't have to be added together                                                               
because  KABATA has  asked the  federal  programs for  a line  of                                                               
credit  that investors  can  have access  to if  they  want it  -                                                               
that's the $261  million and the $600 public  activity bonds. And                                                               
there  is  no  guarantee  that  the investor  will  want  it.  He                                                               
explained  they applied  under  Special  Experimental Program  15                                                               
(SEP)  and asked  for  pre-qualification  so potential  investors                                                               
could take advantage of it up to a certain dollar amount.                                                                       
                                                                                                                                
MR.  WUERCH said,  however, that  Senator Wilken  hit a  critical                                                               
point in that it's going to  cost more than just the construction                                                               
cost. You  prepay debt by  borrowing upfront, a  delicate balance                                                               
that is not uncommon in many projects.                                                                                          
                                                                                                                                
SENATOR WILKEN  asked if the  project costs $850 million  and the                                                               
toll is $10/day, how many people have  to use it each day for the                                                               
first five years to make it work financially.                                                                                   
                                                                                                                                
MR. NIEMIEC  replied he didn't  have those numbers;  it obviously                                                               
has a ramp  up period that changes fairly quickly.  He offered to                                                               
get that information for him.                                                                                                   
                                                                                                                                
SENATOR WILKEN said  a couple of years ago the  estimate of tolls                                                               
was a low of $6  and high of $9 and now it's  down to $5, but the                                                               
cost of  the bridge has  gotten to be more.  And this is  the key                                                               
question. It can  be built for $1 billion if  it is financed, but                                                               
the financing community has to decide  what the people who use it                                                               
are going  to pay. He is  a little nervous because  not every car                                                               
that drives  the Glenn  Highway tomorrow is  going to  drive that                                                               
bridge.  He is  a little nervous that they are  just going to let                                                               
the finance community decide. He  didn't know if everyone had the                                                               
right information;  questions from  three years ago  haven't been                                                               
answered.                                                                                                                       
                                                                                                                                
MR. WUERCH  said he would  provide him the latest  information on                                                               
how the estimate was compiled.                                                                                                  
                                                                                                                                
2:45:33 PM                                                                                                                    
SENATOR  COWDERY  said other  meetings  have  indicated that  the                                                               
Alaska Railroad would have a  crossing there and the integrity of                                                               
the bridge  would have to be  stronger because of it;  and if the                                                               
Railroad was going to cross the  bridge, shouldn't it pay for its                                                               
share.                                                                                                                          
                                                                                                                                
MR. WUERCH replied  that it's pretty clear as  they struggle with                                                               
just building a  highway bridge that KABATA will  be reluctant to                                                               
take  on  the cost  of  adding  a  railroad  bridge or  adding  a                                                               
railroad  to  a bridge  because  the  loading characteristics  of                                                               
railroads are far higher than  18-wheelers and personal vehicles.                                                               
KABATA  is,  however,  following   an  alignment  that  would  be                                                               
"railroad  compatible."  For  instance   the  grade  changes  and                                                               
radiuses  of curvature  would be  such that  a railroad  could be                                                               
laid in along side of the highway.                                                                                              
                                                                                                                                
SENATOR COWDERY  asked if  the Alaska Railroad  wanted to  have a                                                               
crossing there, shouldn't  it participate in paying  for the cost                                                               
of putting it in.                                                                                                               
                                                                                                                                
MR. WUERCH replied yes.                                                                                                         
                                                                                                                                
SENATOR COWDERY asked what the shelf life of KABATA's plans is.                                                                 
                                                                                                                                
MR. WUERCH replied  the biggest concern is the shelf  life of the                                                               
financing. The  financial community  is under great  stress right                                                               
now  and  federal programs  have  an  expiration date.  Generally                                                               
speaking  they have  about a  year to  put a  deal together.  The                                                               
final EIS  will last  for three  years; the  technical provisions                                                               
are  long-lasting. The  terms of  the public  private partnership                                                               
contract would be long lasting  although the numbers would change                                                               
with  the  costs. This  is  a  55-year  contract; it's  huge  and                                                               
exhausting.                                                                                                                     
                                                                                                                                
2:49:24 PM                                                                                                                    
BOB   FRENCH,  Co-Vice   President,  Government   Hill  Community                                                               
Council,  said he  wanted to  pass  on some  of the  little-known                                                               
facts  about  this  project.  He said  when  the  public  private                                                               
partnership  was  first  projected   for  the  Knik  Arm  Bridge,                                                               
relatively  little was  known about  the  potential pitfalls  and                                                               
problems. They  have benefited  from others  mistakes and  SB 268                                                               
provides  an  opportunity  to make  changes  to  the  authorizing                                                               
statute  for KABATA,  which  generally  follows the  transparency                                                               
Governor Palin seeks with AGIA.                                                                                                 
                                                                                                                                
It would seem that the  two foreign consortia are concerned about                                                               
the  light that  would shine  in on  this process,  so to  speak.                                                               
Contrary to  what Mr. Niemiec said,  SB 268 is not  a road block,                                                               
but it  allows the legislature  to perform thes  necessary checks                                                               
and  balances  that  is  so  important  for  a  project  of  this                                                               
magnitude.                                                                                                                      
                                                                                                                                
MR. FRENCH  said a vote  for SB 268  is not an  anti-growth vote,                                                               
but  one  for  transparency  and accountability  to  insure  that                                                               
KABATA's  proposed contract  with a  foreign investor  is a  good                                                               
deal  for all  of  Alaska.  KABATA has  shown  it  would like  to                                                               
conduct its  business in secret.  This was  seen in its  last two                                                               
board  meetings in  Juneau on  February  13 and  in Anchorage  on                                                               
February  28 when  they  went into  executive  sessions not  long                                                               
after  coming to  order.  Its  decision to  vote  30 percent  pay                                                               
raises for their  top staff in 2006 is a  better known example of                                                               
their closed door executive sessions.                                                                                           
                                                                                                                                
He  said the  public had  not  had a  chance to  review the  most                                                               
recent  RFP and  the  fact  that the  two  bidders  can not  only                                                               
review, but  change the terms to  meet their needs, is  why he is                                                               
concerned about the legislature needing to review the contract.                                                                 
                                                                                                                                
MR. FRENCH said  KABATA says the two  consortia's interest proves                                                               
the project is financially feasible,  but they are still involved                                                               
in the  process because  they know  they will  be paid  for their                                                               
efforts. On  August 17,  2007, KABATA  passed Resolution  2107 to                                                               
facilitate  payments   of  stipends   to  the   consortium.  They                                                               
authorized  themselves to  pay  the foreign  investors  up to  $2                                                               
million  for their  trouble  if bridge  doesn't  go forward.  The                                                               
Daily News reported on Sunday that  the cost for the expansion of                                                               
the Port  of Anchorage  went from  $227 million  in 2003  to $700                                                               
million  in  2008, an  increase  of  over 300  percent.  KABATA's                                                               
estimate of  the costs were  around $600  million in 2003  and is                                                               
still around $600  million for the cost of the  bridge alone, not                                                               
including all of the financing costs.                                                                                           
                                                                                                                                
He  said the  bridge was  originally envisioned  was a  four-lane                                                               
bridge with four lane approach  roads; now it's a two-lane bridge                                                               
with  two lane  approach  roads with  a  future expansion  taking                                                               
place, as  KABATA says,  when necessary to  meet the  demands. He                                                               
said  just  imagine how  long  it  would  take  to clear  out  an                                                               
accident in the  middle of a two-mile long  two-lane bridge. This                                                               
is  not  a  real  viable asset  for  the  state's  transportation                                                               
system; he said  the approach road on the MatSu  side is not even                                                               
being  built with  proper underlayment  or  foundation. They  are                                                               
just  applying  pavement  over the  existing  gravel  road  where                                                               
feasible  and  he predicted  it  would  need  to be  repaired  or                                                               
replaced by the time the bridge is finished.                                                                                    
                                                                                                                                
MR.  FRENCH said  KABATA's contract  with the  investors has  too                                                               
many  impacts and  implications  for Alaskans  for  the terms  to                                                               
remain secret until it is  signed and he believed the legislature                                                               
needed to review it.                                                                                                            
                                                                                                                                
SENATOR COWDERY asked what his profession was.                                                                                  
                                                                                                                                
MR. FRENCH replied that he is a mechanical engineer.                                                                            
                                                                                                                                
SENATOR  COWDERY asked  him what  he  thought the  purpose of  an                                                               
executive session was in our system.                                                                                            
                                                                                                                                
MR.  FRENCH answered  the express  purpose is  to discuss  things                                                               
which would  be harmful  to the  body if  they were  discussed in                                                               
public.                                                                                                                         
                                                                                                                                
2:58:32 PM                                                                                                                    
SENATOR  COWDERY responded  that  the executive  sessions he  has                                                               
been in  have to do  with an  individual or something  they don't                                                               
want to expose to the public. He  asked Mr. French if he would be                                                               
in  favor  of the  bridge  if  it  started somewhere  other  than                                                               
Government Hill.                                                                                                                
                                                                                                                                
MR. FRENCH  replied that Government  Hill has never  been opposed                                                               
to the  bridge; it  has opposed  the choice  of routes.  The 1983                                                               
draft  EIS actually  chose a  Boniface route.  The current  route                                                               
would have tremendous impacts on downtown Anchorage.                                                                            
                                                                                                                                
SENATOR COWDERY said the port  supplies the whole state basically                                                               
and trucks already  come through downtown to pick  up the freight                                                               
and he  asked if  he thought  it would be  worse with  the bridge                                                               
than it is now.                                                                                                                 
                                                                                                                                
MR. FRENCH  replied that  is a  possibility. The  Alaska Railroad                                                               
presently provides  most of  the gravel  that is  used throughout                                                               
Anchorage to build.  The railroad could possibly  have 850 gravel                                                               
trucks  per day  going  through downtown  because  there is  good                                                               
gravel  available at  Pt. MacKenzie  and that  would come  down C                                                               
Street to  O'Malley at  south Anchorage where  most of  the major                                                               
gravel  pits  are.  Now  the gravel  being  shipped  by  railroad                                                               
doesn't affect Anchorage traffic.                                                                                               
                                                                                                                                
3:01:25 PM                                                                                                                    
LOIS   EPSTEIN,   Director,  Alaska   Transportation   Priorities                                                               
Project,  said  this  is   a  statewide  transportation  watchdog                                                               
organization composed of  conservation groups, transit advocates,                                                               
community  officials, engineers,  cargo shippers  and others  who                                                               
are interested  in promoting sensible transportation  systems and                                                               
policies  in Alaska.  She also  wanted to  enter the  letter from                                                               
Mayor Begich to the bill sponsor as of yesterday.                                                                               
                                                                                                                                
CHAIR KOOKESH noted that it was already in their packet.                                                                        
                                                                                                                                
MS. EPSTEIN  said she often refers  to SB 268 as  the Knik Bridge                                                               
Openness and  Accountability Act. It provides  needed changes and                                                               
updates to  KABATA's authorizing statute which  includes language                                                               
allowing  it to  enter  into a  public  private partnership  (P3)                                                               
contract concessions or agreements. The  first change in the bill                                                               
and the  one she wants to  focus on today requires  public review                                                               
and comment on  private investor submittals to  build and operate                                                               
the Knik Arm Bridge as well  as documentation by the state that a                                                               
proposed  contract would  sufficiently maximize  benefits to  the                                                               
people of  the state. It  includes a legislative vote  before the                                                               
contract is signed.                                                                                                             
                                                                                                                                
The second  change the  bill requires is  that toll  increases be                                                               
predictable and  be based  on inflation.  Without such  a change,                                                               
private  investors could  raise tolls  without regard  to traffic                                                               
impacts  on alternative  roads or  on lower  income users  of the                                                               
toll road.                                                                                                                      
                                                                                                                                
MS. EPSTEIN said with respect  to public transparency on investor                                                               
submittals and a legislative vote  serving as a check on KABATA's                                                               
decision-making, these  provisions mirror similar  provisions and                                                               
language in AGIA  that allow for public comment  and requires the                                                               
state  to  document that  an  applicant's  proposed project  will                                                               
sufficiently  maximize benefits  to  the state  and requires  the                                                               
legislature to vote on a pipeline license and its conditions.                                                                   
                                                                                                                                
She said the  need for a transparent process  has been recognized                                                               
by other  states like Indiana,  Virginia, New Jersey,  and Texas.                                                               
The federal  model on  P3 on  the federal  Highway Administration                                                               
website  supports   public  transparency  as  well   as  national                                                               
publications. She  said that  KABATA has not  shown itself  to be                                                               
transparent and  accountable under  the current statute,  nor has                                                               
it fully acknowledged the full  range of public concerns based on                                                               
its testimony today.                                                                                                            
                                                                                                                                
MS. EPSTEIN said  both the MatSu and Anchorage  were not involved                                                               
in the  most recent and  most sophisticated cost  estimate review                                                               
performed in  June 2006. KABATA's most  recent meetings consisted                                                               
of  a few  minutes of  public  discussion followed  by the  board                                                               
going into executive session. It  has also refused to release its                                                               
draft  RFPs  while  simultaneously   releasing  the  document  to                                                               
private sector P3 applicants. She said:                                                                                         
                                                                                                                                
     In summary, KABATA  expects to sign a  P3 contract this                                                                    
     year  that could  have enormous  financial, social  and                                                                    
     transportation system  implications for Alaska.  We are                                                                    
     greatly about  leaving all  decisions to  KABATA's very                                                                    
     small and I would argue non-representative board.                                                                          
                                                                                                                                
She  said  the  language  in   SB  268  might  need  some  slight                                                               
modification to address  KABATA's consultants' concerns regarding                                                               
tolling.                                                                                                                        
                                                                                                                                
SENATOR COWDERY asked her background.                                                                                           
                                                                                                                                
MS. EPSTEIN  answered that  she is  a license  professional civil                                                               
engineer in Alaska and Maryland.                                                                                                
                                                                                                                                
3:09:45 PM                                                                                                                    
STEVE   CLEARY,  Executive   Director,  Alaska   Public  Interest                                                               
Research  Group  (AKPIRG),  said  AKPIRG  has  been  focusing  on                                                               
consumer protection and  transparency since 1974 and  that is why                                                               
they support  SB 268. They  believe a project of  this importance                                                               
should  be  reviewed  by  the public  and  the  legislature.  The                                                               
fluctuating cost estimates greatly  influence the tolls consumers                                                               
would be paying  each way and they are happy  to see the consumer                                                               
protections  in  this  bill  to  make sure  those  are  based  on                                                               
inflation and not  the fact the private investors  need to recoup                                                               
their investment.                                                                                                               
                                                                                                                                
He  also said  the state  needs  to show  that it  is behind  the                                                               
project and SB  268 represents a way for the  state to show that.                                                               
They  view SB  268  not  as sidelining  the  project, but  adding                                                               
transparency to it.                                                                                                             
                                                                                                                                
SUZANNE  DIPIETRO, Anchorage  Citizen's  Coalition, supported  SB
268.  She said  the  public's  involvement so  far  has not  been                                                               
focused on the financing, but  more on the routes the alternative                                                               
and the impacts  on environment and social  resources. The reason                                                               
this is  an important bill  is that  KABATA's main mission  is to                                                               
build a bridge if it is  financially feasible and she thought the                                                               
legislature was in a better position  to make that decision for a                                                               
project like this  in Alaska, because it sees  the overall budget                                                               
priorities much better than a small board.                                                                                      
                                                                                                                                
3:15:17 PM                                                                                                                    
DARCIE  SOLMON,  Vice President,  KABATA,  said  he is  also  the                                                               
previous  mayor of  the  Matsu borough.  He  explained when  they                                                               
discussed  the  construction  of  the  Matsu  port  with  Senator                                                               
Stevens  who got  them  the money  to do  that,  the comment  was                                                               
always made if we can get  some activity on that Matsu side, then                                                               
we can build  the bridge. The rail spur was  intended to go there                                                               
and the prison  is being built there. The intent  has always been                                                               
a  360-degree intermodal  transportation corridor  linking South-                                                               
central's   economy  and   creating   prosperity,  progress   and                                                               
opportunity  for our  children  and our  children's children  and                                                               
beyond.                                                                                                                         
                                                                                                                                
He said  it is disingenuous  today that every speaker  in support                                                               
of this bill has been ardently  and vocally opposed to the KABATA                                                               
and this project  since it first came  under legislative purview.                                                               
He said  KABATA is  just trying  to build  a bridge,  not prevent                                                               
building a bridge.  When the earmarks were changed,  it created a                                                               
situation in which they had to  move forward on a different path.                                                               
The P3  is an opportunity  for them to  get a major  project with                                                               
limited liability for the State  of Alaska and it is disingenuous                                                               
to assume that  the DOTPF, DOR, the House  of Representatives and                                                               
Senate, the past mayor of Anchorage,  the past mayor of the Matsu                                                               
Borough  and the  past  director of  DOTPF  and their  incredible                                                               
staff  that they  are not  capable of  negotiating this  contract                                                               
with  these  two  private  concessionaires.   It  is  also  quite                                                               
insulting to  say that they  have gone into an  executive session                                                               
as though  there is  something going  on. The  attorney general's                                                               
office is  also represented in  the executive sessions  and every                                                               
step they take.  They are there to offer the  transparency and if                                                               
the board were to violate or  sidestep any issues, they would put                                                               
their foot firmly on their necks and stop them.                                                                                 
                                                                                                                                
MR. SOLMON said  Alaska is currently poised to be  a major player                                                               
in a  global economy and  this bridge is the  lynchpin. Anchorage                                                               
is out of land and the Pt. MacKenzie  side has it. He said SB 268                                                               
is a delaying tactic.                                                                                                           
                                                                                                                                
MARTY METIVA,  representing himself from Matsu,  said this bridge                                                               
can  provide  economic  development  for the  Matsu  Borough  and                                                               
provides  connectivity to  the largest  city in  Alaska. This  is                                                               
where the future  is and SB 268 delays it.  It begins by delaying                                                               
it for four  months, but that can  grow to six months  and so on;                                                               
it could result in actually killing this project.                                                                               
                                                                                                                                
CHERYL  METIVA, Executive  Director, Greater  Wasilla Chamber  Of                                                               
Commerce, opposed SB  268. She said this project has  been in the                                                               
planning stage for five years. For  each month it is delayed, the                                                               
price  of  construction  and  materials goes  up.  They  need  to                                                               
continue  moving  forward in  a  positive  way. She  refuted  the                                                               
statement that KABATA has not  been open and transparent, because                                                               
this board  has been very  forthcoming. Its staff  has approached                                                               
the Greater Wasilla Chamber and  chambers throughout the state on                                                               
a   regular  and   continuous  basis   offering  to   do  keynote                                                               
presentations and keep  people in the loop. "We  have had nothing                                                               
but 100 percent transparency." From  the business standpoint, Ms.                                                               
Metiva said this [P3] was  a beautiful partnership between public                                                               
and private and Alaska needs a lot more of them.                                                                                
                                                                                                                                
CHAIR  KOOKESH found  that  no  one else  wanted  to testify  and                                                               
closed  the  public testimony.  He  held  SB  268 for  a  further                                                               
hearing. There being no further business to come before the                                                                     
committee, he adjourned the meeting at 3:25:14 PM.                                                                            
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects