Legislature(1999 - 2000)
01/27/2000 01:35 PM Senate TRA
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
SENATE TRANSPORTATION COMMITTEE January 27, 2000 1:35 p.m. MEMBERS PRESENT Senator Jerry Ward, Chairman Senator Drue Pearce, Vice Chair Senator Mike Miller Senator Rick Halford Senator Georgianna Lincoln MEMBERS ABSENT None COMMITTEE CALENDAR SENATE BILL NO. 189 "An Act relating to the international airports in Anchorage and Fairbanks and establishing the Alaska International Airport Authority; and providing for an effective date." HEARD AND HELD SENATE BILL NO. 208 "An Act establishing the Alaska Marine and Rail Transportation Authority; relating to ferries and ferry terminals; relating to the Alaska Railroad Corporation; and providing for an effective date." HEARD AND HELD SENATE BILL NO. 203 "An Act relating to metropolitan planning organizations and to designation of a metropolitan planning organization for the Anchorage metropolitan area; and providing for an effective date." MOVED SB 203 FROM COMMITTEE WITH INDIVIDUAL RECOMMENDATIONS PREVIOUS SENATE ACTION SB 189 - No previous action. SB 208 - No previous action. SB 203 - No previous action. WITNESS REGISTER Mr. Ben Grenn Staff to Senator Tim Kelly State Capitol Building Juneau, Alaska 99801 POSITION STATEMENT: Read sponsor statement for SB 189 Ms. Sherri McConnell Louisiana Port Authority POSITION STATEMENT: Testified on SB 189 and SB 208 Mr. Phil Prejean Louisiana Port Authority POSITION STATEMENT: Testified on SB 189 and SB 208 Mr. Doyle Ruff, Manager Fairbanks International Airport Department of Transportation and Public Facilities 6450 Airport Way Fairbanks, Alaska 99709 POSITION STATEMENT: Testified on SB 189 Mr. James Dodson Fairbanks Chamber of Commerce P.O. Box 73568 Fairbanks, Alaska 99709 POSITION STATEMENT: Testified on SB 189 Ms. Angela Moss Staff to Senator Ward State Capitol Building Juneau, Alaska 99801 POSITION STATEMENT: Read sponsor statement for SB 208 Mr. Bill Sheffield President and CEO Alaska Railroad Corporation P.O. Box 107500 Anchorage, Alaska 99510 POSITION STATEMENT: Testified on SB 208 Ms. Wendy Lindskoog Public Relations Director Alaska Railroad Corporation Anchorage, Alaska 99510 POSITION STATEMENT: Read testimony for SB 208 Captain Norm Edwards Alaska Marine Highway 3132 Channel Drive Juneau, Alaska 99801 POSITION STATEMENT: Testified on SB 208 Mr. Jeff Ottesen Department of Transportation 3132 Channel Drive Juneau, Alaska 99801 POSITION STATEMENT: Testified on SB 203 ACTION NARRATIVE TAPE 00-1 , SIDE A CHAIRMAN WARD called the Senate Transportation Committee meeting to order at 1:35 p.m. and brought up SB 189 as the first order of business. SB 189-INTERNATIONAL AIRPORT AUTHORITY MR. BEN GRENN, legislative aide for Senator Kelly, read the following sponsor statement: The public process surrounding the implementation of an Alaska Airport Authority combining Alaska's two international airports promises to be comprehensive. The process will allow the public and affected organizations to review the proposed legislation and begin a thorough discussion of its merits. Forming an airport authority encourages the development of trade on a statewide level and allows the Anchorage International Airport and Fairbanks International Airport to benefit from the economies offered by a single administrative body. The proposed board structure will give this authority the long term management stability it needs to more effectively and rapidly respond to fast-changing world market conditions. Only Alaska and Hawaii have regional international airports that are state operated. The other 48 states international airports are run by authority systems. Concern may arise over some elements of this legislation. The term authority can be misleading and even inaccurate in implying a voracious and autonomous self-sustaining public body. Some authorities do in fact meet that criteria. However, in SB 189 the Governor of Alaska will appoint the members of the board of directors and the legislature will review and appropriate the budget. All things done by the authority are public and the acquisition of land by eminent domain may take place only with prior approval of the governor. Responsibility to repay existing airport bonds is assumed by the authority, and the authority also assumes repayment of new bond issues. Existing state employees transferred to the authority become authority employees, and transfer with their collective bargaining agreements for the duration of that contract. These employees continue to participate in their existing retirement benefit programs. The authority may choose to engage in collective bargaining with its employees. Senate Bill 189 provides for the continuation of litigation, hearings, investigations and other proceedings that were begun under a law that was amended or repealed by this Act, notwithstanding the amendment or repeal of that law. Likewise, regulations adopted under pre-existing law remain in effect for the term adopted or until repealed. This legislation requires the authority to annually prepare a concise report for the governor, legislature, mayors of the Municipality of Anchorage, the Fairbanks North Star Borough and the City of Fairbanks describing the operations, income and expenditures of the authority for the prior fiscal year. MS. SHERRY MCCONNELL, Chair of the Port Association of Louisiana, stated Louisiana has 26 port authorities that are political subdivisions of the state. The authorities are statutorily established and governed by a local body of commissioners. Number 472 SENATOR PEARCE asked if the enabling statute allows parishes to have more than one port authority, or whether authorities can cross parish lines. MS. MCCONNELL answered she did not know of a prohibition for crossing parish lines. She deferred to Mr. Prejean to elaborate on the issue. SENATOR PEARCE asked if authorities have powers by statute of eminent domain. MR. PREJEAN answered parishes can have more than one port authority, and authorities do have the right of eminent domain but it is not absolute--there has to be a court process. None of the ports share jurisdiction. CHAIRMAN WARD confirmed that Louisiana has appointed and elected port commissioners, and he asked for clarification of the umbrella organization. MR. PREJEAN responded the umbrella organization is a trade organization which meets monthly and works with the legislature on port issues. Number 737 SENATOR PEARCE asked if authorities have jurisdiction over airports. MR. PREJEAN responded they are traditional port authorities. SENATOR PEARCE asked if the New Orleans International Airport is operated by the city or by an authority. MR. PREJEAN answered the airport is operated by a commission appointed by the city. Number 870 CHAIRMAN WARD asked if Louisiana authorities have powers of taxation on land. MR. PREJEAN responded yes, most of the capital projects are supported by the state through a transportation trust fund. CHAIRMAN WARD asked when the ports became port authorities were lands transferred to the authorities. MR. PREJEAN answered land was not transferred to start ports. Land donations came from private land owners or from land purchases. Airports in Louisiana are a portion of the Louisiana Trust Fund and they receive monies to match federal funds for construction. MS. MCCONNELL clarified that most ports started with a port authority whose mission was to start ports. MR. PREJEAN agreed. SENATOR PEARCE asked Mr. Grenn if this bill is similar to one she introduced in 1996. MR. GRENN responded yes. MR. DOYLE RUFF, Manager of the Fairbanks International Airport, presented the Department of Transportation and Public Facilities' (DOTPF) position on SB 189. The department disagrees with language in the bill saying the viability and competitive position of the Anchorage and Fairbanks International Airports would be best protected under the operation of an independent authority. Alaska's international airports are being operated in an efficient, responsive and business-like manner and they are being operated with the best interest of all Alaskans and visitors in mind. DOTPF believes there is no point in fixing something that is not broken, and it believes the department should be recognized for some of its successes. The international airport system has continued to grow, and cargo has grown in excess of 6% per year in the last 5 years--Anchorage is ranked the number one "all cargo airport" in the country and Fairbanks is ranked number thirty six. Over $100 million of private investments have been committed and there have been over $350 million in infrastructure improvements. DOTPF is concerned that creating an authority would create another level of bureaucracy and confusion. Fairbanks or Anchorage board members could veto a decision proposed by the board causing a block vote. The bill also does not assure airport independence, and it may eliminate airport managers and staff. The department feels this bill defeats the purpose of transportation planning, and the goals of the bill can best be accomplished within the existing system. Number 1409 SENATOR LINCOLN commented the sponsor statement says only Alaska and Hawaii have state operated international airports, other international airports are run by authority systems. She asked for Mr. Ruff's response. MR. RUFF responded only three states have airports under DOT-- Alaska, Hawaii and Maryland. With regard to airports that are under authorities, Anchorage is one of the top one hundred airports based on total passengers--ranked 58. The top one hundred airports are broken down into hubs--large, medium and small. Anchorage is a medium hub, Fairbanks is a small hub. Of the large hubs, 12 out of 28 are operated by authorities. There are 19 out of 44 medium hubs operated by authorities, and 11 out of 28 small hubs operated by authorities. SENATOR LINCOLN stated that the fiscal note attached to the bill for 2001 is $401,000, she asked Mr. Ruff what the cost differential will be. MR. RUFF responded he would defer to other staff at DOTPF, but he feels the legislation would create a need for additional staff and expenses. SENATOR LINCOLN responded additional staff is not mentioned in the analysis of the fiscal note, and she asked if there is support from the Anchorage and Fairbanks assemblies. MR. RUFF answered that Mr. James Dodson should answer Senator Lincoln's question. SENATOR PEARCE asked how much of the overhead costs are charged back to airports by DOTPF to pay for the Commissioner and his staff. MR. RUFF responded the requirements within the legislation demand, in his opinion, a constant staff for meeting the reporting requirements. Number 1770 MR. JAMES DODSON, representing the Mayor and Chamber of Commerce of Fairbanks, stated Fairbanks opposed this legislation in 1996 and is still concerned about this issue. The city will voice its position at a later time. CHAIRMAN WARD set SB 189 aside until the sponsor and DOTPF have more time to address the concerns brought to committee's attention. SB 208-RAILROAD AND FERRY AUTHORITY MS. ANGELA MOSS, staff to Senator Ward, read the following sponsor statement for SB 208. "An Act establishing the Alaska Marine and Rail Transportation Authority; relating to ferries and ferry terminals; relating to the Alaska Railroad Corporation; and providing for an effective date." The intent of this Act is to establish a state-owned authority that would be directly responsible for the operation and management of both the Alaska Railroad Corporation and the Alaska Marine Highway. In 1985 the State of Alaska purchased the Alaska Railroad from the federal government for $20 million dollars. This transaction came with a significant amount of excess land that assists in the operational costs of the railroad. The Alaska Railroad currently has a surplus land base. The Alaska Railroad is not currently under the executive budget act. The Alaska marine highway was created under the authority of the federal government in 1963 and was not given a land base. For the past several years, the Alaska marine highway has relied on the general fund for costs because of a lack of capital equity base in order to make it self sufficient. Creating an authority would allow the excess land to generate revenue and provide a stable funding base for the Alaska Marine and Rail Transportation Authority. The idea is to reduce the requirements to fund the Alaska marine highway through the general fund. The overall transportation plan in Alaska would benefit from the re-organization and provide for a system to utilize both services and cut the cost of doing so. Currently the Alaska marine highway and the Alaska Railroad share the use of facilities in many locations. The authority will be a public corporation of the state and a division of DOTPF. The authority will operate the Alaska marine highway system and the state-owned Alaska Railroad as separate divisions of the authority. The authority will make all of its financial records available to the legislature and an appointee of the governor. The authority shall submit an annual budget for the Alaska marine highway system and the Alaska Railroad Corporation to the legislature through the governor. The primary duties of the authority will be to assist residents, businesses and communities of the state to obtain the highest quality of the marine, rail passenger and freight service. The authority will be responsible to encourage and integrate with other public and private carriers in and outside the state to provide the highest quality of service within the state. The authority is required to employ Alaskan residents to the highest legal level possible. The authority will operate under the name "Alaska Marine and Rail Transportation Authority." The authority shall prepare a comprehensive long-range plan for the development and improvement of the Alaska marine highway system and the Alaska Railroad. The authority may acquire by purchase, gift, or exchange of land in fee simple or easements that it considers necessary and reasonable for either temporary or permanent public use. The authority may transfer land, other than rail land under AS 44.90.240, that is not considered necessary for use by the marine highway system. The authority will have the power to receive additional land grants from the state. The proceeds of disposal by the Department of Natural Resources (DNR) shall be credited to the funds from which the purchase of the land was originally made. It is my hope as sponsor of SB 208 that it becomes legislation in order to ensure a long term transportation network that serves all Alaskans. Number 2049 FORMER GOVERNOR BILL SHEFFIELD, President and CEO of the Alaska Railroad Corporation (ARRC), had a prepared statement for Wendy Lindskoog to read to the committee. MS. WENDY LINDSKOOG, Director of External Affairs for the Alaska Railroad Corporation, read the following statement: Thank you Chairman Ward and Senate Transportation Committee members for giving us the opportunity to testify on SB 208. We have had only one week to consider this bill and believe this issue requires a more in-depth review on our part before we can better convey our concerns about the bill's fiscal impact on the railroad. Having said that, we do have some initial reactions. The marine highway system and the Alaska Railroad Corporation both provide a valuable transportation service. We both move people and goods throughout many parts of Alaska not accessed by the state's highway system. For these reasons, the idea to combine the marine highway system and the Alaska Railroad Corporation has merit. The reality, however, comes with obstacles. The legislature has worked over the years to streamline government. At first glance, SB 208 appears to accomplish the goal. At a closer look, however, this bill creates an additional layer of management staff that could impact the efficiency and decision making process of both transportation organizations. Combining both transportation entities will also produce an administrative burden in terms of managing four different types of employee benefit systems. There are two classes of Alaska Railroad Corporation employee including federal employees and corporation employees. Each group has different retirement benefits, but neither are part of the state's personnel benefit system. Under the new authority, the marine highway system would also have two classes of employee. These include employees who are part of the state personnel benefit system and those who would be under the "new authority" benefit system. In addition to adding administrative layers, SB 208 diverts the railroad's net earnings from its real estate and uses them to help subsidize the marine highway system. This results in taking money away from the railroad's regular maintenance and capital program and stripping the Alaska Railroad Corporation of its ability to remain a true self- sustaining entity. After many years of federal neglect, the Alaska Railroad Corporation has been investing heavily in deferred maintenance. We are replacing approximately 100,00 ties per year, new ballast, and are working on several projects, including our track straightening project between Anchorage and Wasilla. The track realignment will make the railroad safer by removing congestion on our tracks, straightening out curves, reducing equipment wear and tear and increasing train handling consistency. In terms of industry standards, railroads the size of the Alaska Railroad should be reinvesting $15 to $20 million annually into the rail line. This level of funding ensures proper maintenance and operations. That is what we do. Every bit of money we make is put directly back into our road bed, equipment, bridges, roads, etc. We have recently had two derailments. While those were not related to worn out track, we cannot afford to diminish our ongoing efforts to maintain and continue to improve the railroad's infrastructure. Safety is too important. In addition to providing safe transportation, part of our mission is to promote economic development. We are on the verge of an exciting growth phase at the Alaska Railroad. This is made possible through the federal grants we receive. In order to qualify for these grants, the railroad must match them with an investment of its own funds. For example, the $10 million grant for crossties, rail, and ballast, which we have received for the past 4 years, requires an annual investment by the railroad of $6 to $8 million. These grants provide us the opportunity to accomplish many important safety and economic development projects including: Seward passenger dock - re: hub for cruise ship landings. New freight dock - new contracts for freight through Seward. Whittier underpass for safe pedestrian traffic under our rail and from the boat harbor to the City of Whittier. Anchorage airport rail station - this allows the railroad to be competitive in time and dollars to new cruise ship passengers to and from Anchorage, to Seward and Whittier as well as downtown Anchorage. This provides good revenue to help with "maintenance of way" for the good of the railroad. If we should lose the coal contract or continue to receive less for transporting coal, this passenger service will help pick up that $2.5 million a year to maintain the Anchorage to Seward mainline track. Klatt road to Eagle River - double track - straighten curves to Wasilla. Improve safety, efficiency and profit. $10 million a year for road bed improvements, new and larger sidings where trains meet, electric switches, rail grinding, new rail, ties, ballast, etc. New Denali depot - move passengers - passenger trains longer. New intermodal facility in Fairbanks - move from downtown - blocking streets. More efficient operation. Proposed new track alignment to North Pole refinery which will eliminate 30 crossings and enhance safety. And the list goes on and on. This is safety and common sense along with meeting our customer needs. Producing the matching funds for these grants will be next to impossible if proceeds from our real estate, which represent 35 to 50 percent of our net income, are shifted to the authority under this legislation. The Alaska Railroad does not require, and has never asked for, operational or capital funding from the state. We are self- sustaining. This will not remain the case if our earnings are shared with the state's marine highway system. Under this scenario, the Alaska Railroad Corporation will be put in a position within a year or two of seeking state subsidies to operate its services and maintain its track. The net effect will be more demand on the state's general fund, not less. Finally, SB 208 places the new authority under the executive budget act. As you are aware, the Alaska Railroad Corporation needs the flexibility to operate its business to react to market demands. We believe that this action would hinder that ability to react to market demands for new or additional business or catastrophic events. The authority would not have the prerogative to obligate funds to make things happen in a timely fashion. In closing Mr. Chairman, you have requested detailed financial information from the railroad as it relates to the proposed changes in SB 208. Discerning the financial implications and obtaining good information will take some time. This bill is complex, it represents a huge policy decision requiring a lot of dialog. We hope we can continue a dialogue with this committee as we gain a better understanding of changes called for in SB 208. Mr. Chairman, the big picture is that what we are doing, in addition to running a railroad 24 hours a day, is building a railroad--a state asset, to be a better railroad--and larger asset, fostering economic development for the entire state and all Alaskans. And to let you know, our goal is to foster and improve a better working relationship with the legislature to ensure that we are both working towards mutually beneficial goals. In fact, we welcome and invite you to tour our facilities and meet our employees. Thank you again for this opportunity to testify. CHAIRMAN WARD agreed with Ms. Lindskoog that this issue will take time for consideration. Number 2337 SENATOR MILLER stated that he and the Chairman were in the legislature when the railroad was purchased. He worked on the legislation because the federal government made the railroad available for purchase and Alaska wanted it. It was also felt that at some point the railroad would become a private corporation. CHAIRMAN WARD commented that this legislation would remove the possibility of future privatization. Tape 00-1, Side B CHAIRMAN WARD stated he felt the marine highway system had not been given a proper land base, and the railroad had more land than it needed. He feels an authority combined with additional state acreage would stop the need for general funds going into the marine highway system. He has not ruled out the possibility of a sale of the railroad, but he wants to make sure the marine highway system and railroad continue to exist in Alaska. He noted he has some of the same concerns that Ms. Lindskoog expressed and he does not have all of the answers but he chose to model the legislation after Louisiana's authority system because it has been successful. SENATOR LINCOLN asked for Governor Sheffield's comments regarding the makeup of the Board of ARRC and for any additional comments. GOVERNOR SHEFFIELD responded the railroad board is appointed by the governor and confirmed by the legislature. There is one union member, one commissioner from DOTPF and one from DCED, one outside member with railroad experience and two members from the public. Number 2215 CAPTAIN NORM EDWARDS, Operations Manager for the Alaska Marine Highway (AMHS), read the following statement: I would like to start by saying that we have had less than one week to review this piece of legislation. We were not given a copy of the legislation prior to it's introduction and were not asked to work with the sponsor on it's development. We have not had time to fully consider this unusual proposal. That being said, our initial impression is that this proposal is an attempt to blend two agencies that have different missions, have different customers and serve different regions of the state. We fail to see that this bill would benefit either organization and if one of the sponsors goals is to adequately fund the AMHS, there is a simpler and less disruptive way. Frankly, we are perplexed as to the objectives of this legislation. We are in the process of implementing the Southeast Transportation Plan, developed with considerable community input and support. We are also currently working on the Southwest and Prince William Sound Transportation Plans. Under these plans, we will effectively redesign and manage the marine highway system, providing better and more efficient service for the communities of coastal Alaska. Therefore, as the old saying goes: "If it isn't broken, don't fix it." Before we comment in detail on the bill, we will need more time to analyze it. In short, however, we believe that the AMHS is right where it belongs, an integral part of the Southeast Region of DOTPF. Again, thank you for the chance to testify today. CHAIRMAN WARD asked Captain Edwards what the easy way to run the ferry system would be without using general fund monies. CAPTAIN EDWARDS responded that has not been fully determined at this time. CHAIRMAN WARD responded that SB 208 may not be the answer, but having a land base is one option and it will eliminate the need to come to the legislature for funding every year. He welcomed Captain Edwards to his new position at the Alaska Marine Highway System. There being no further testimony on SB 208, CHAIRMAN WARD announced he will set SB 208 aside so that the committee can get additional information. The committee then took up SB 203. SB 203-METROPOLITAN PLANNING ORGANIZATIONS SENATOR DONLEY explained that SB 203 is an Anchorage Caucus priority. SB 203 is similar to legislation passed the Senate last year but it contains a few changes. Under federal law, communities with a population of over 50,000 must have a municipal planning organization (MPO). Anchorage is the only community in Alaska to have a MPO, which is named the Anchorage Metropolitan Area Transportation Study (AMATS). AMATS was created by the Governor and the Mayor of Anchorage. Several years later, federal law was amended and requires that MPO's be created by state statute. SB 203 attempts to rectify this problem. It lays the ground work for additional federal requirements and sets up the membership requirements for AMATS. Currently, AMATS has two members appointed by the governor and three members chosen by the municipality. This legislation would add two members of the legislature in non-voting positions--one Senate and one House member from that municipality. It is important to have legislative representation on the MPO because the legislature has to include MPO projects in the budget. In the past, there has been no coordination between AMATS and the legislature and problems have arisen. This legislation also sets up a time line for submitting the MPO priority list to the legislature--January 15. SENATOR LINCOLN asked if the Municipality of Anchorage has endorsed this legislation. SENATOR DONLEY responded no. SENATOR LINCOLN asked if an endorsement had been requested. SENATOR DONLEY responded there had been a mixed response from the assembly last year concerning an endorsement. The original version of the bill had voting legislative members, and the assembly has not yet taken a position on legislation with non-voting legislative members. SENATOR LINCOLN asked if the governor's appointments are required to be from the municipality. Number 1667 SENATOR DONLEY responded the Governor would appoint the Commissioners of DOTPF and DEC or their designees. MR. JEFF OTTESEN, DOTPF, commented that the department is neutral on this legislation. DOTPF believes the early deadline for submitting DOTPF's list of projects is excellent, and the bill seems to be flexible in adapting for future boundary changes. SENATOR PEARCE moved SB 203 out of committee with individual recommendations. There being no objection, the motion carried. With no further business to come before the committee, CHAIRMAN WARD adjourned the meeting.
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