HOUSE BILL NO. 325 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." RESULTS BASED GOVERNMENT Alaska Marine Highway System ComFish - AYK Region Air and Water Quality Community Jails Citizen's Foster Care Review ALASKA MARINE HIGHWAY SYSTEM Co-Chair Hanley provided members with Amendment 1 (copy on file). Amendment 1 contains the mission statement and performance measures for the Alaska Marine Highway System. NANCY SLAGLE, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF TRANSPORTATION stated that the Department supports Amendment 1 with the deletion of two performance measures. The Department of Transportation and Public Facilities recommends deletion of customer satisfaction and percentage of on-time departures. She observed that it is hard to quantify customer satisfaction. An attempt is made to assess consumer satisfaction through passenger surveys taken on the vessels. She stressed that it would be difficult to accumulate the information for use as a measurement of overall performance. She maintained that increases in ridership and revenues would indicate customer satisfaction. Ms. Slagle noted that many variables affect the ability of the vessels to leave on time. Many variables are out of the Department's control. Representative Martin questioned if the performance measure would be a good way to determine the cause of delays. Ms. Slagle emphasized that it would be difficult to assemble the information. CAPTAIN KELLY MITCHELL, ALASKA MARINE HIGHWAY SYSTEM, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES explained that vessels routinely deviate from their actual departure time due to passenger and vehicle load and tide times. Representative Martin stated that he did not expect the ferry to arrive or depart at the exact scheduled time. He reiterated that the information would be a useful performance measure. Representative Grussendorf emphasized that ferries may be delayed for cargo transportation. He acknowledged Representative Martin's concerns regarding a ferry delay to accommodate legislative staff arriving in Haines. Co-Chair Hanley asked if the information is currently tracked. Captain Kelly explained that the information is not centrally located. Co-Chair Hanley spoke in support of the performance measure. He asserted that some delays must be manageable. In response to a question by Representative Davies, Captain Kelly stated that it would be an extremely intense administrative process to gather the information from the ship logs. He noted that there are 9 vessels with multiple port calls. A database would have to be developed. Representative Davies agreed that the information would provide a good management tool. He encouraged collection of the data, even if it is not used as a performance measure. Representative Martin spoke in support of the performance measure. He stressed that the data would help solve day to day problems. Ms. Slagle noted that delays are monitored on an individual basis. She reiterated the difficulty of consolidating the information into a central point. She observed that shoreside positions have decreased. Personnel are not available to put the information into a usable format. Representative Kelly spoke in support of the performance measure. Captain Kelly noted that a computer network system is being developed to standardize the system. Each master has his own laptop computer. Co-Chair Hanley stressed the importance of the performance measure. He noted that schedules could be computerized. Data could be entered at arrival and departure. Notes could include reasons for delay. The system could be set by region and by boat. He estimated that the data entry would take 5 minutes per port. He indicated that he would be sympathetic to a capital request, if needed. He observed that the Aurora was held for four hours to allow a high school basketball team to arrive. He stated that he would not be critical of this type of delay. He stressed that the information would be useful. In response to a question by Representative Martin, Captain Kelly noted that employee overtime is tracked on computer. Representative Grussendorf observed that weather, passenger, freight, and mechanical difficulties could categorize delays. Co-Chair Hanley assumed that categories would be utilized. He acknowledged that not all delays would fit into a category. In response to a question by Representative Grussendorf, Co- Chair Hanley observed that the computer system could identify delays by boat and region. Representative Grussendorf concluded that general information would be recorded by boat. Representative Davies emphasized the need for a relational database, so that the information can be utilized in any form. Co-Chair Hanley MOVED to Delete "Customer satisfaction." There being NO OBJECTION, it was so ordered. Representative Davies proposed the addition of a long-term performance measure of the percent of roadless communities with daily service, by region. He stressed that the long- term goal is to transform the ferry system into a more daily boat oriented system. Co-Chair Hanley suggested that the performance measure be the average number of days of service per week in roadless communities. Representative Grussendorf questioned the definition of roadless. He observed that Juneau, Ketchikan and Sitka are roadless. Co-Chair Hanley noted that there are some roadless communities that do not have service. Representative Davies stated that it would be up to the Alaska Marine Highway System to produce the definitions. Representative Grussendorf maintained that the Legislature has created some problems by requiring the Alaska Marine Highway System, with reduced funding, to continue service to some communities on the ferry schedule. Co-Chair Hanley suggested that Representative Davies work with the Department to draft a performance measure to address his concern. Representative Martin MOVED to ADOPT Amendment 1, mission statement and performance measures for the Alaska Marine Highway System. Ms. Slagle clarified that the Department has considered the addition of a performance measure relating to the number of port visits by community already served. COMFISH - ARCTIC YUKON KUSKOKWIN REGION Co-Chair Hanley provided members with Amendment 2, mission statement and performance measures for the Department of Fish and Game, ComFish (copy on file). GERON BRUCE, LEGISLATIVE LIAISON, DEPARTMENT OF FISH AND GAME stated that the Department of Fish and Game supports Amendment 2. Representative Foster maintained that Western Alaska was better off without management by the Department of Fish and Game. Mr. Bruce acknowledged problems with Nome area fisheries. He noted that there has been an extended period of poor survival and poor returns. He maintained that this is due to a combination of factors, many of which are beyond the power of the Department to affect. Representative Foster reiterated concerns with the condition the Nome area fisheries. Representative Kelly questioned if the mission statement should include management for abundance. Representative Davies suggested that the mission statement provide optimum harvest of fish. He noted that it is part of the mission to provide as much abundance as is reasonable. Co-Chair Hanley observed that the suggested language would satisfy concerns by Representative Mulder. Representative Mulder was concerned with maximum sustained yield. Co-Chair Hanley noted that the suggested language change would avoid the problem of competing salmon species on the Kenai River. Representative Grussendorf observed that the sustained yield principle is a constitutional charge. Co-Chair Hanley clarified that "sustain yield" would not be removed. "Optimum" would be added before "harvest". Representative Davies MOVED to add "optimum" before "harvest". There being NO OBJECTION, it was so ordered. Representative Grussendorf referred to the number of escapement objectives met compared to the total number of objectives and the number of allocation objectives met compared to the number of objectives. Representative Grussendorf estimated that these performance measures would result in more realistic objectives. Representative Foster expressed further frustrations with fish and game management in his area. Representative Davies emphasized that the performance measures would help to meet Representative Foster's concerns. Representative Davis MOVED to add "total" before "number" on the last performance measure. There being NO OBJECTION, it was so ordered. Representative Mulder MOVED to ADOPT Amendment 2, mission statement and performance measures for the AYK Region Fisheries Management. There being NO OBJECTION, it was so ordered. Co-Chair Hanley noted that the mission statement and performance measures could be substituted for other areas in ComFish. DIVISION OF AIR AND WATER QUALITY Co-Chair Hanley provided members with Amendment 3 (copy on file). Amendment 3 contains the mission statement and performance measures for the Division of Air and Water Quality, Department of Environmental Conservation. MICHAEL A. CONWAY, DIVISION OF AIR AND WATER QUALITY, DEPARTMENT OF ENVIRONMENTAL CONSERVATION explained that the Department is concerned that the first two performance measures be related to permitting activities. He noted that there are factors outside of the Department's control. Co-Chair Hanley MOVED to ADOPT the addition of "relating to permitting activities" at the end of the first two performance measures. There being NO OBJECTION, it was so ordered. Representative Kelly expressed concern with the use of "prevent" in the mission statement. Co-Chair Hanley questioned if "prevent" means to prevent all emissions. Mr. Conway noted that the Department is involved in some prevention programs for non-point source pollution problems. He stressed that all activities are not prevented. Co-Chair Hanley observed that "prevent" has a different meaning than "prevention". Mr. Conway pointed out that the permitting process looks at treatment technologies available. Co-Chair Hanley acknowledged that the mission statement could be misinterpreted to mean that the Department is going to prevent all air and water emissions. Co-Chair Therriault referred to the percent reduction in the mixing zone. He asked the measure of success. (Tape Change, HFC 98 -56, Side 2) Co-Chair Therriault emphasized that the Department should not deny mixing zones because they want to see a decline in the reported number. Representative Davies asked what would be measured as productivity. Mr. Conway noted that there is information available in the mining and oil industry to show that economic activity is occurring. Permitting activities can look at economic activity. The goal is that emission and effluent standards are met in a way that is related to economic development. He observed that the Department does not have the ability to do this at this time. Representative Davies summarized that total dollar volume could be considered. He stressed that it would be important to normalize data by region. Co-Chair Hanley stated that the percent reduction in number of mixing zones should be normalized. He observed that greater economic activity would increase the number of mixing zones. The average size of existing mixing zones would have to be considered. Representative Foster observed that four of the performance measures refer to specific industries. He emphasized that there are noxious emissions from urban areas. He suggested that "and or groups of people" should be added. Mr. Conway agreed that there are emissions related to population centers. He clarified that "permitted facility" relates to municipal outflows. Co-Chair Hanley noted that the performance measure covers municipal power and light plants. Vehicle emissions could also be included. Mr. Conway suggested the use of "industrial and municipal facilities". Representative Grussendorf suggested "governmental". Co-Chair Hanley observed that "industry or community" could be used. In response to a question by Representative Mulder, Mr. Conway noted that some activities require storm water approvals. They are not permitted in the same way as a facility. Co-Chair Hanley recommended looking at the amount time a permittee is out of compliance, instead of a permitted facility. Representative Davies suggested "for a particular category of permitted facilities" be used instead of "industry". Representative Kelly recommended the deletion of "for a particular industry". Representative Davies questioned how it would be measured without a qualifier. Amendment 3 was HELD in Committee for further consideration. COMMUNITY JAILS Co-Chair Hanley provided members with Amendment 4 (copy on file). Amendment 4 contains the mission statement and performance measures for Community Jails. BARBARA MURRAY, COMMUNITY JAILS PROGRAM COORDINATOR, DEPARTMENT OF CORRECTIONS stated that the Department agrees with Amendment 4. Representative Mulder emphasized that the percentage of community jail prisoner days in compliance with Community Jail Standards would place an unobtainable level of expectation. He observed that most of the community jails do not meet the Community Jail Standards. He maintained that the performance measure puts a false expectation that upgrades would be funded. He clarified that the Community Jails Task Force set the standards. Representative Davies stressed that it is a measure of how well the Department of Corrections is doing. He suggested that the Legislature might want to adopt its own standards. Representative Grussendorf thought that many of the standards were driven by court decisions regarding how different categories of prisoners should be held. He emphasized that the state of Alaska accepts some liability by the fact that the standards have not been met. He supported the performance measure. He pointed out that the measure would encourage compliance to the standards, which would reduce the State's liability. Representative Martin expressed concern that the State pays for empty beds in community jails. Representative Davies suggested that the second performance measure be directed at individual jails. He suggested that the second performance measure be the percentage of prisoner days in a community jail in compliance with Community Jail Standards. Co-Chair Hanley noted that the goal is to provide short-term community jail confinement of persons held under state law. Representative Mulder observed that it is difficult to do performance-based measurements or standards. Escapes and cost are the two major considerations. The number of days in compliance with court orders is an additional consideration. KIP KNUDSON, STAFF, REPRESENTATIVE HANLEY observed that the universe is confinement. The universe consists of a series of circles. The progression of lowest level confinement to the highest level of confinement is: * Confinement by village public safety officers; * Community jails; * Municipal jails; to * State or federal jails. Mr. Knudson observed that the number of jails is not being increased or decreased. Success is measured by the jail's ability to accept prisoners. He observed that the Legislature could change the universe of confinement. They could decide that there should be fewer community jails or more community residential center (CRC) beds. Representative Davies agreed that the question is not whether there should be more community jails. The issue is how to evaluate existing community jails. He maintained that cost is an efficiency and effectiveness issue. He asserted that the success of the program is determined by availability and the ability to confine prisoners according to whatever standard is set. Co-Chair Hanley expressed concern over who sets the standards and what the standards are. Ms. Murray explained that the assessment tool was based on the Governor's Task Force standards. Representative Davies MOVED to DELETE the second measure, percentage of community jail days in compliance with Community Jail Standards. He did not think that the measure would provide anything additional to the first measure and that it would be a lot of work. Co-Chair Hanley agreed with the deletion. There being NO OBJECTION, it was so ordered. DENNY DEWITT, STAFF, REPRESENTATIVE MULDER explained that the second measure was added because of the variety of jail size. He pointed out that if a small number of larger jails were out of compliance the first standard would indicate a higher level of performance than would be warranted. Representative Davies suggested that the first measure be weighted by the number of beds. He questioned if data is available for the second measure. Ms. Murray stated that it would be hard to provide the data. Co-Chair Hanley asked if the annual compliance review looked at annual or daily performance. Ms. Murray clarified that the review is annual. The administrator at each jail utilizes the standards to check their facilities monthly. Representative Martin felt that the data should be available. Representative Davies MOVED to ADOPT "weighted" before "percentage" on the first performance measure. There being NO OBJECTION, it was so ordered. Co-Chair Hanley MOVED to ADOPT Amendment 4 as amended. There being NO OBJECTION, it was so ordered. CITIZEN'S FOSTER CARE REVIEW BOARD Co-Chair Hanley provided members with Amendment 5 (copy on file). Amendment 5 contains the mission statement and performance measures for the Citizen's Foster Care Review Board. He noted that the Board requested that the second performance measure be amended to change "upheld" to "follow". He MOVED to ADOPT the amendment to Amendment 5, insert "follow" and delete "upheld". There being NO OBJECTION, it was so ordered. NIKKI MACCABE, SOCIAL WORKER, FOSTER CARE REVIEW BOARD, DEPARTMENT OF ADMINISTRATION, ANCHORAGE stated that the Board and Administration support Amendment 5 as amended. Representative Davies MOVED to ADOPT Amendment 5 as amended. There being NO OBJECTION, it was so ordered.