ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                        February 9, 2017                                                                                        
                           1:39 p.m.                                                                                            
                                                                                                                                
                                                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mia Costello, Chair                                                                                                     
Senator Shelley Hughes, Vice Chair                                                                                              
Senator Kevin Meyer                                                                                                             
Senator Gary Stevens                                                                                                            
Senator Berta Gardner                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 14                                                                                                              
"An Act relating to transportation network companies and                                                                        
transportation network company drivers."                                                                                        
                                                                                                                                
     - MOVED CSSB 14(L&C) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PRESENTATION: ADMINISTRATIVE ORDER 281                                                                                          
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 14                                                                                                                   
SHORT TITLE: TRANSPORTATION NETWORK COMPANIES                                                                                   
SPONSOR(s): SENATOR(s) COSTELLO                                                                                                 
                                                                                                                                
01/09/17       (S)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (S)       L&C, FIN                                                                                               
02/02/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/02/17       (S)       Heard & Held                                                                                           
02/02/17       (S)       MINUTE(L&C)                                                                                            
02/09/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
NANCY ALLRED, Senior Counsel                                                                                                    
Uber                                                                                                                            
San Francisco, California                                                                                                       
POSITION STATEMENT: Answered questions related to SB 14.                                                                      
                                                                                                                                
WESTON EILER, Staff                                                                                                             
Senate Labor & Commerce Committee                                                                                               
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained the changes between  version U and                                                             
version A of SB 14.                                                                                                             
                                                                                                                                
BRIAN GEBHARDT, Uber                                                                                                            
Portland, Oregon                                                                                                                
POSITION STATEMENT: Answered questions related to SB 14.                                                                      
                                                                                                                                
MEGAN WALLACE, Legislative Council                                                                                              
Division of Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to SB 14.                                                                      
                                                                                                                                
SHELDON FISHER, Commissioner                                                                                                    
Department of Administration (DOA)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced Administrative Order 281.                                                                      
                                                                                                                                
DANNY ACOSTA, Partner                                                                                                           
Boston Consulting Group (BCG)                                                                                                   
Boston, Massachusetts                                                                                                           
POSITION STATEMENT:  Presented information  on "State  of Alaska:                                                             
Economic  Context and  Agency Review"  related to  Administrative                                                               
Order 281.                                                                                                                      
                                                                                                                                
NICOLE BENNETT, Principal                                                                                                       
Boston Consulting Group (BCG)                                                                                                   
Boston, Massachusetts                                                                                                           
POSITION  STATEMENT:  Presented  information  on  Alaska  Housing                                                             
Finance  Corporation (AHFC),  Alaska  Industrial Development  and                                                               
Export  Authority  (AIDEA,  and  Alaska  Energy  Authority  (AEA)                                                               
findings related to the lower  cost of housing, energy, and large                                                               
enterprise economic development.                                                                                                
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:39:59 PM                                                                                                                    
CHAIR MIA COSTELLO called the  Senate Labor and Commerce Standing                                                             
Committee meeting  to order at 1:39  p.m. Present at the  call to                                                               
order were  Senators Hughes, Meyer,  Stevens, Gardner,  and Chair                                                               
Costello.                                                                                                                       
                                                                                                                                
             SB 14-TRANSPORTATION NETWORK COMPANIES                                                                         
                                                                                                                                
1:40:14 PM                                                                                                                    
CHAIR COSTELLO announced the consideration  of SB 14 and noted it                                                               
is  the second  hearing. She  stated  the intent  is to  conclude                                                               
public testimony, adopt a committee  substitute (CS), and look to                                                               
the  will  of  the  committee.  She asked  if  anyone  wanted  to                                                               
testify.                                                                                                                        
                                                                                                                                
1:41:15 PM                                                                                                                    
NANCY ALLRED,  Senior Counsel,  Uber, San  Francisco, California,                                                               
offered to answer questions related to SB 14.                                                                                   
                                                                                                                                
1:41:38 PM                                                                                                                    
CHAIR COSTELLO closed public testimony.                                                                                         
                                                                                                                                
1:41:50 PM                                                                                                                    
SENATOR  HUGHES moved  to adopt  the CS  for SB  14, labeled  30-                                                               
LS0250\U, as the working document.                                                                                              
                                                                                                                                
CHAIR COSTELLO objected for discussion.                                                                                         
                                                                                                                                
1:42:23 PM                                                                                                                    
WESTON EILER,  Staff, Senate Labor  & Commerce  Committee, Alaska                                                               
State Legislature, explained  the changes in version U  for SB 14                                                               
on behalf of the sponsor.  He said the committee substitute makes                                                               
several changes  after consultation with  stakeholders, insurance                                                               
companies, the  Department of Law,  Uber, Lift, and a  variety of                                                               
others.  Many of  the changes  are technical  and based  on model                                                               
language from the National Council of Insurance Legislators.                                                                    
                                                                                                                                
He described the following changes:                                                                                             
                                                                                                                                
Page 1,  line 13,  changing "offered"  to "afforded,"  and adding                                                               
the language  "notwithstanding any  requirement under  AS 28.20."                                                               
is added.                                                                                                                       
                                                                                                                                
Page  2,  the  first  sentence  on lines  9-10  is  deleted,  and                                                               
language  is added  in the  new subsection  (b)(2)(A) and  (B) on                                                               
lines 17-22 of version U. It  reads: "may be construed to require                                                               
an insurer  to use specific policy  language or to refer  to this                                                               
section in order to exclude any  and all coverage for any loss or                                                               
injury that occurs while a driver  (A) is logged onto the digital                                                               
network of  a transportation network  company; or (B)  provides a                                                               
prearranged ride."                                                                                                              
                                                                                                                                
Page  3,  line  10,  adds   the  language  "Insurers  potentially                                                               
providing  coverage"   and  deletes  "to  one   another  a  clear                                                               
description" and  adds "upon request  of any insurer  involved in                                                               
the claim, the applicable coverages".                                                                                           
                                                                                                                                
Page  5,  line  1,  is  a  change made  at  the  request  of  the                                                               
Department  of   Law.  It  moves  the   regulation  of  rideshare                                                               
companies  under  the Department  of  Commerce  because they  are                                                               
technology companies, not transportation companies.                                                                             
                                                                                                                                
Page 8, lines 12-17, provides certificate of insurance.                                                                         
                                                                                                                                
Page 9,  line 8, [Sec  28.23.100. Transportation  network company                                                               
driver requirements] adds the language "or a third party,".                                                                     
                                                                                                                                
1:47:11 PM                                                                                                                    
SENATOR STEVENS  asked Mr. Eiler  if he was referring  to version                                                               
U, adding that he was having trouble following the changes.                                                                     
                                                                                                                                
MR. EILER  answered yes.  He continued to  say the  final changes                                                               
are in Sections 6 and 7 on  page 11. Section 6 amends AS 2910.200                                                               
by  adding  a  new  paragraph   (66).  It  reads,  "AS  29.35.148                                                               
(regulation  of  transportation  network companies  or  drivers).                                                               
Section   7   adds   a  new   Sec.   29.35.148.   Regulation   of                                                               
transportation network companies or drivers.                                                                                    
                                                                                                                                
CHAIR COSTELLO asked Mr. Eiler to  go over the memo that provides                                                               
follow up  answers to questions  members posed during  a previous                                                               
hearing.                                                                                                                        
                                                                                                                                
1:49:55 PM                                                                                                                    
MR. EILER read the following questions and answers:                                                                             
                                                                                                                                
     Senator Stevens:                                                                                                         
      What is the cause and effect of rideshare companies                                                                       
     entering a municipal transportation market?                                                                                
     A: four-month  pilot study  in Portland,  Oregon showed                                                                    
     that  despite  an  initial  decline   of  16%  in  taxi                                                                    
     traffic,  combined   for-hire  Transportation  business                                                                    
     grew 40% after the introduction of rideshare services.                                                                     
                                                                                                                                
     Senator Gardner:                                                                                                         
     What constitutes an Independent Contractor?                                                                                
     A: Alaska law does  not define "Independent Contractor"                                                                    
     in  statute. AS  23.20.230(a) provides  a list  of job-                                                                    
     types/occupations  that  are  exempt from  the  State's                                                                    
     Workers' Compensation program.                                                                                             
                                                                                                                                
     Can Uber  drivers decline  passengers? What  are Uber's                                                                    
     policies for confirming insurance coverage?                                                                                
     A:  Yes   -  Please  see  attached   letter  from  Uber                                                                    
     regarding  their  verification  procedures  and  driver                                                                    
     protection policies.                                                                                                       
                                                                                                                                
     Senator Hughes:                                                                                                          
     Can drivers display proof of insurance electronically?                                                                     
     A;  Yes  -  AS  28.22.019(a)  allows  for  Alaskans  to                                                                    
     display  proof  of  insurance on  a  mobile  electronic                                                                    
     device.                                                                                                                    
                                                                                                                                
1:53:09 PM                                                                                                                    
CHAIR COSTELLO noted  Senator Gardner had questions  for the Uber                                                               
representative.                                                                                                                 
                                                                                                                                
SENATOR GARDNER  asked if  Uber could  provide a  sample contract                                                               
and  an employee  handbook. She  also  asked how  large or  small                                                               
Uber's role is in purchasing cars for drivers.                                                                                  
                                                                                                                                
1:55:16 PM                                                                                                                    
BRIAN  GEBHARDT,  Uber,  responded  that Uber  does  not  have  a                                                               
handbook, but  it does  have Uber  Community Guidelines  that lay                                                               
out  expectations for  both the  rider and  the driver.  He noted                                                               
there is also information available on the internet.                                                                            
                                                                                                                                
To the second  question, he explained that Uber  does not provide                                                               
vehicles  for its  drivers. In  some places  there is  a separate                                                               
operating entity called Exchange  Leasing for driver partners. He                                                               
did not anticipate having an exchange program in Alaska.                                                                        
                                                                                                                                
SENATOR  GARDNER  asked  for a  sample  contract  that  clarifies                                                               
whether the drivers are employees or independent contractors.                                                                   
                                                                                                                                
1:57:37 PM                                                                                                                    
SENATOR GARDNER referred to a  letter the committee received from                                                               
Daniel  McHugh,  Senior  Vice President  of  Alaska  USA  Federal                                                               
Credit Union. She read:                                                                                                         
                                                                                                                                
     Comp and Collision coverage works  hand in hand to help                                                                    
     repair and replace  one's car in the  event of physical                                                                    
     damage.  Personal   auto  insurance   carriers  exclude                                                                    
     carriers for Comp and Collision  when the automobile is                                                                    
     being  used for  ride  sharing  purposes. (TNC  driver)                                                                    
     Ridesharing Comp  and Collision insurance  is available                                                                    
     to some,  not all,  carriers in the  Lower 48,  only if                                                                    
     the   TNC  driver   elects   to   pay  the   additional                                                                    
     endorsement or rider.                                                                                                      
                                                                                                                                
She asked if that issue is addressed in version U.                                                                              
                                                                                                                                
MR. EILER said he  was sure it was. He said  they met with Alaska                                                               
USA and forwarded their language for inclusion in version U.                                                                    
                                                                                                                                
1:59:25 PM                                                                                                                    
MEGAN  WALLACE,  Legislative  Council,   Division  of  Legal  and                                                               
Research  Services,   Legislative  Affairs  Agency,   pointed  to                                                               
language  on page  2, subsection  (b), line  9, "Nothing  in this                                                               
section  .... (3)  precludes an  insurer from  providing coverage                                                               
for  the personal  vehicle of  a  transportation network  company                                                               
driver if the insurer chooses  to provide coverage by contract or                                                               
endorsement."                                                                                                                   
                                                                                                                                
She said  this allows insurance  companies to exclude  or endorse                                                               
coverage.                                                                                                                       
                                                                                                                                
2:01:18 PM                                                                                                                    
SENATOR GARDNER asked if the  language about Uber confirming that                                                               
drivers have appropriate coverage  includes the optional contract                                                               
or endorsement.                                                                                                                 
                                                                                                                                
MS. WALLACE  replied the insurance  provision in Section  2 opens                                                               
it  up  for  private  insurers   to  either  exclude  or  provide                                                               
endorsements, but in Section 5,  pages 4 and 5, specifically line                                                               
line  22,   sets  the  coverage   requirement  for   drivers  and                                                               
transportation network  companies. The protection for  the riders                                                               
mandates  that the  driver or  the company  provide coverage.  On                                                               
page  6, subsection  (d), it  says if  the driver  does not  have                                                               
coverage  the  transportation  network company's  Insurance  must                                                               
provide it.                                                                                                                     
                                                                                                                                
2:04:09 PM                                                                                                                    
SENATOR  STEVENS asked  when  the  driver is  plugged  in to  the                                                               
digital network.                                                                                                                
                                                                                                                                
MR. EILER deferred to Uber to answer.                                                                                           
                                                                                                                                
2:04:53 PM                                                                                                                    
MR. GEBHARDT explained  that drivers are considered  logged in to                                                               
the  app  when they  have  opened  the application  and  declared                                                               
themselves  available. From  an  insurance  perspective, that  is                                                               
when Period I starts.                                                                                                           
                                                                                                                                
2:05:45 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:06:12 PM                                                                                                                    
CHAIR COSTELLO  reconvened the committee. She  noted Mr. Gebhardt                                                               
would address Senator Stevens' question  about when the insurance                                                               
kicks in.                                                                                                                       
                                                                                                                                
MR. GEBHARDT clarified  that Period I starts when  drivers log in                                                               
to the platform  and make themselves available  to provide rides.                                                               
Once the  request has been accepted  by the driver and  he or she                                                               
is enroute  to pick up the  driver, Period II begins.  Period III                                                               
begins  when the  ride  starts, after  the  passenger enters  the                                                               
vehicle. After  the trip concludes,  it is  back to Period  I. He                                                               
referred to a handout for further details.                                                                                      
                                                                                                                                
MS. ALLRED  added that the drivers  have a separate app  and when                                                               
they choose to go online, insurance coverage begins.                                                                            
                                                                                                                                
CHAIR  COSTELLO requested  that  Ms. Allred  state the  insurance                                                               
that is provided to drivers in each period.                                                                                     
                                                                                                                                
MS. ALLRED  explained that Period  I provides  primary automobile                                                               
insurance  of about  $50,000 for  one person  for bodily  injury,                                                               
$100,000 for  all people,  and $25,000  for property  damage. For                                                               
Periods  II  and  III,  there  is  primary  automobile  liability                                                               
coverage  of $1  million.  The National  Conference of  Insurance                                                               
Legislation (NCOIL) has adopted this as model legislation.                                                                      
                                                                                                                                
2:08:55 PM                                                                                                                    
SENATOR MEYER  referred to page  7, line 19,  "In the event  of a                                                               
loss  involving a  personal  vehicle used  in  connection with  a                                                               
transportation  network company  and if  the personal  vehicle is                                                               
subject to a  lien, the insurance carrier  for the transportation                                                               
network  company  shall  pay  a  claim  covered  under  collision                                                               
physical  damage   coverage  or  comprehensive   physical  damage                                                               
coverage directly to the business  repairing the personal vehicle                                                               
or jointly to  the owner of the personal vehicle  and the primary                                                               
lienholder  on  the  covered  personal  vehicle."  He  questioned                                                               
whether the  payment should just go  to the lien holder  who owns                                                               
the vehicle.                                                                                                                    
                                                                                                                                
CHAIR COSTELLO clarified  that it says, "of  the personal vehicle                                                               
and the primary lien holder."                                                                                                   
                                                                                                                                
SENATOR  MEYER  said he  understood  that  the insurance  company                                                               
would pay both the owner of the vehicle and the lien holder.                                                                    
                                                                                                                                
CHAIR COSTELLO asked for clarification.                                                                                         
                                                                                                                                
MS. WALLACE responded that the  provision requires that the check                                                               
or money to pay for the  collision repair is either sent directly                                                               
to the  repair shop  or in  a check  to the  lien holder  and the                                                               
owner jointly  to be issued  to whoever repairs the  vehicle. She                                                               
recalled that was part of the model language.                                                                                   
                                                                                                                                
2:11:27 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:12:30 PM                                                                                                                    
CHAIR COSTELLO brought the meeting back to order.                                                                               
                                                                                                                                
SENATOR MEYER  noted if the check  is made out jointly  it should                                                               
be ok.                                                                                                                          
                                                                                                                                
He  referred to  Section 7,  line 19,  that says  "transportation                                                               
network drivers is reserved to the  state" and line 20 which says                                                               
that  "a  municipality may  not  enact  or enforce  an  ordinance                                                               
regulating  transportation  network companies  or  transportation                                                               
network  drivers."  He  said  he   understands  the  need  for  a                                                               
consistent, statewide law. He asked  if Anchorage has weighed in,                                                               
considering the taxicab industry has been in place for so long.                                                                 
                                                                                                                                
SENATOR GARDNER  said she tried  to obtain that  information, but                                                               
was unsuccessful.                                                                                                               
                                                                                                                                
2:14:03 PM                                                                                                                    
SENATOR GARDNER  looked at the  sectional summary for  version U,                                                               
specifically  AS  28.23.010,   "Provides  that  a  transportation                                                               
network company  or driver is  not a  common carrier and  may not                                                               
provide taxicab  or for-hire services."  She said that  area gets                                                               
to the  core of the  bill because common carriers  are regulated,                                                               
whereas transportation network companies  are not. She summarized                                                               
that  the  bill  removes  TNCs as  common  carriers  and  removes                                                               
Workers Compensation from TNCs                                                                                                  
                                                                                                                                
MR. EILER  responded that  currently there  is no  definition for                                                               
independent  contractors  in statute.  He  noted  that there  are                                                               
additional distinctions between the two transportation modes.                                                                   
                                                                                                                                
2:15:59 PM                                                                                                                    
SENATOR HUGHES  pointed out in  the legislative  intent language,                                                               
the   wording  "ensure   the  safety,   reliability,  and   cost-                                                               
effectiveness of  rides" on  page 1, line  7. She  suggested that                                                               
the  legislature cannot  guarantee the  safety, reliability,  and                                                               
cost-effectiveness of  rides, but  instead, could  help encourage                                                               
and  promote them.  She  emphasized that  it  does not  guarantee                                                               
them.                                                                                                                           
                                                                                                                                
2:17:00 PM                                                                                                                    
SENATOR  STEVENS  commented  that insurance  is  complicated.  He                                                               
asked  if  taxis can  carry  less  insurance  when they  are  not                                                               
carrying  passengers.  He  also  asked what  level  of  insurance                                                               
drivers are on when they've ended  a trip and what the process is                                                               
for changing the level of insurance.                                                                                            
                                                                                                                                
2:18:16 PM                                                                                                                    
MR. EILER explained that the  process is done through a computing                                                               
platform.  When  the  driver  is  signed  in  he/she  is  on  the                                                               
insurance. His understanding  is that after a  trip is completed,                                                               
the driver is  back under Period I indicating  they are available                                                               
or they can switch off line.                                                                                                    
                                                                                                                                
SENATOR STEVENS  asked if the  driver could  end the ride  and go                                                               
off the app and then sign in again if he/she was flagged down.                                                                  
                                                                                                                                
MR. EILER  clarified that  Uber drivers  cannot be  flagged down.                                                               
All transactions are done through the app.                                                                                      
                                                                                                                                
SENATOR  STEVENS commented  on  the advantage  of  being able  to                                                               
switch  levels   of  insurance  coverage.   He  asked   the  Uber                                                               
representative to address his question.                                                                                         
                                                                                                                                
2:20:34 PM                                                                                                                    
MR. GEBHARDT  clarified that  in Period I  drivers are  logged in                                                               
and once  they completed the ride  and Period III ends,  they are                                                               
back to Period I coverage.                                                                                                      
                                                                                                                                
2:21:22 PM                                                                                                                    
SENATOR HUGHES commented that taxicabs  are identifiable and Uber                                                               
cars are  not. She wondered if  a person could ever  flag an Uber                                                               
car down.                                                                                                                       
                                                                                                                                
MR.  GEBHARDT said  there  should  not be  any  markings on  Uber                                                               
vehicles. The rider and driver partner by app.                                                                                  
                                                                                                                                
2:22:31 PM                                                                                                                    
SENATOR HUGHES  moved to  report the  CS for  SB 14,  labeled 30-                                                               
LS0250\U,  from  committee  with individual  recommendations  and                                                               
attached zero fiscal notes.                                                                                                     
                                                                                                                                
SENATOR GARDNER  objected. She said  she hasn't had time  to read                                                               
and understand the  committee substitute. She said  she likes the                                                               
idea of Uber  and many Alaskans want it, but  she is reluctant to                                                               
step  into  the dispute  between  taxicabs  and Uber  and  choose                                                               
between  two  business models.  She  removed  her objection,  and                                                               
added that  it doesn't mean  that she  would support the  bill on                                                               
the Senate floor.                                                                                                               
                                                                                                                                
2:24:03 PM                                                                                                                    
CHAIR  COSTELLO  stated  that  without  further  objection,  CSSB                                                               
14(L&C) is  reported from  the Senate  Labor &  Commerce Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
2:24:22 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
^PRESENTATION: ADMINISTRATIVE ORDER 281                                                                                         
             PRESENTATION: ADMINISTRATIVE ORDER 281                                                                         
                                                                                                                                
2:26:42 PM                                                                                                                    
CHAIR COSTELLO  announced that the  next order of  business would                                                               
be  a presentation  from  the Boston  Consulting  Group (BCG)  on                                                               
Administrative Order 281.                                                                                                       
                                                                                                                                
2:27:17 PM                                                                                                                    
SHELDON  FISHER,   Commissioner,  Department   of  Administration                                                               
(DOA),  introduced Administrative  Order 281.  He explained  that                                                               
the  Governor requested  that  the  Department of  Administration                                                               
look  at  the  Alaska  Housing Finance  Corporation  (AHFC),  the                                                               
Alaska  Energy   Authority  (AEA),  and  the   Alaska  Industrial                                                               
Development and  Export Authority  (AIDEA) to  see if  there were                                                               
opportunities to  be more efficient. In  addition, Administrative                                                               
Order 281  requested strategies  to improve  economic development                                                               
if the state.                                                                                                                   
                                                                                                                                
2:28:23 PM                                                                                                                    
DANNY ACOSTA,  Partner, Boston Consulting Group  (BCG), presented                                                               
information  on "State  of Alaska:  Economic  Context and  Agency                                                               
Review" related to Administrative Order  281. He said that one of                                                               
the project  mandates was  to address  the economic  ecosystem in                                                               
Alaska  and to  suggest  potential opportunities.  He shared  the                                                               
project  overview:  the   economic  development  landscape,  AHFC                                                               
summary findings,  AEA summary findings, AIDEA  summary findings,                                                               
and the next steps.                                                                                                             
                                                                                                                                
He said  that there  were particular  questions for  each agency.                                                               
For  AHFC  it  was  understanding its  role  in  Alaska's  market                                                               
compared to  the other entities.  For AEA, the  questions related                                                               
to its  operations, impacts, and  importance in  supporting rural                                                               
communities. For AIDEA, the focus  was on development finance and                                                               
the  role it  plays  nationally and  internationally, from  small                                                               
investments to  larger projects. All throughout,  BCG was seeking                                                               
efficiency opportunities.                                                                                                       
                                                                                                                                
2:31:38 PM                                                                                                                    
MR. ACOSTA  turned to the  current financial state in  Alaska. He                                                               
said  Alaska  scores  poorly  on  national  ranking  of  business                                                               
attractiveness and  is mid-range in regulatory  friendliness. BCG                                                               
considered Alaska's unique circumstances,  both in the context of                                                               
strengths and  challenges. Alaska  has considerable  resources to                                                               
leverage,  but  also  faces  some   unique  challenges,  such  as                                                               
resource  dependency, impacts  from oil,  unique regional  needs,                                                               
and low population density.                                                                                                     
                                                                                                                                
2:32:56 PM                                                                                                                    
MR.  ACOSTA   described  how  Alaska   faces  a  unique   set  of                                                               
institutional   challenges  and   opportunities  for   enterprise                                                               
economic development. He described challenges  such as a sense of                                                               
de-centralized planning and lack of  a common state vision. There                                                               
are gaps in capabilities and  capacity and political cycles limit                                                               
sustained  efforts, and  there is  a focus  on regulation  versus                                                               
commercialization.                                                                                                              
                                                                                                                                
2:34:08 PM                                                                                                                    
MR. ACOSTA addressed the tremendous  opportunities Alaska has for                                                               
enterprise  economic  development:   a  very  connected  network,                                                               
leadership,  openness  to   private  sector  involvement,  Native                                                               
corporation empowerment,  local knowledge, and a  growing network                                                               
of support for entrepreneurs.                                                                                                   
                                                                                                                                
He  showed a  diagram  of Alaska's  current economic  development                                                               
efforts  spread  across  many  entities, and  noted  a  need  for                                                               
greater coordination.                                                                                                           
                                                                                                                                
2:35:45 PM                                                                                                                    
MR.  ACOSTA  related  that  BCG  looked  at  other  states'  core                                                               
capabilities  and recommended  that in  order to  further support                                                               
enterprise  economic  development  success, Alaska  should  build                                                               
additional capabilities.                                                                                                        
                                                                                                                                
He turned to  lessons from other states, noting there  is a range                                                               
of models  between public approaches  and private  approaches for                                                               
building an  "ecosystem" of entities.  He described the  pros and                                                               
cons of public, public-private, and private models.                                                                             
                                                                                                                                
2:38:11 PM                                                                                                                    
He   reviewed   various   other  states'   economic   development                                                               
approaches, which could  provide key lessons for  Alaska in order                                                               
to optimize  the institutional environment. He  provided examples                                                               
from Montana, Indiana, Oregon, Utah, and Texas.                                                                                 
                                                                                                                                
2:39:56 PM                                                                                                                    
MR. ACOSTA  reported that  BCG also  looked at  examples overseas                                                               
and nation-level  models, given Alaska's ownership  of key assets                                                               
and unique resource rich nature.                                                                                                
                                                                                                                                
He compared competitor  states to Alaska, pointing  out that they                                                               
actively  leverage  a  broader toolkit  of  economic  development                                                               
incentives. He said all models  are different and target specific                                                               
sectors.                                                                                                                        
                                                                                                                                
2:42:18 PM                                                                                                                    
MR.  ACOSTA maintained  that despite  a  commanding position  and                                                               
some natural advantages, Anchorage's  (ANC) airport transit cargo                                                               
market share is declining. Despite  a tremendous amount of flight                                                               
activity,  BCG noted  a need  to create  an aviation  cluster. He                                                               
showed graphs of market share by  number of flights and pounds of                                                               
cargo.                                                                                                                          
                                                                                                                                
MR.  ACOSTA  said BCG  built  a  business  case for  an  aviation                                                               
maintenance business that highlighted  the advantages the airport                                                               
has for maintenance and repair  operators. They rigorously tested                                                               
the business case  for aviation maintenance as a  path to reverse                                                               
the decline. The biggest concern was lack of trained labor.                                                                     
                                                                                                                                
He related that  BCG built a business case,  tested its viability                                                               
with  operators,  and came  up  with  key learnings  and  success                                                               
factors. He noted  the quote at the bottom right  corner of slide                                                               
18, "Beyond  incentives, I want  to see a broader  state aviation                                                               
strategy. I'm not coming for five  years, I'm coming for 25 years                                                               
and I need other players to come along."                                                                                        
                                                                                                                                
He concluded  that a comprehensive  approach for ANC  is required                                                               
to turn the tide on a challenged cargo business.                                                                                
                                                                                                                                
2:46:40 PM                                                                                                                    
MR. ACOSTA provided a table  of how Alaska lags competitor states                                                               
in  job creation,  training, and  capital investment.  He pointed                                                               
out  that many  competitor  states have  maintenance, repair  and                                                               
operations (MRO) or aviation specific incentives.                                                                               
                                                                                                                                
He summarized the presentation.                                                                                                 
                                                                                                                                
2:47:48 PM                                                                                                                    
NICOLE  BENNETT,   Principal,  Boston  Consulting   Group  (BCG),                                                               
presented  information  on  Alaska  Housing  Finance  Corporation                                                               
(AHFC),  Alaska  Industrial   Development  and  Export  Authority                                                               
(AIDEA,  and Alaska  Energy Authority  (AEA) findings  related to                                                               
the lower cost of housing,  energy, and large enterprise economic                                                               
development. She  said that,  collectively, the  agencies provide                                                               
many  benefits  to Alaska,  however,  BCG  found that  there  are                                                               
opportunities  for  them  to   increase  efficiency  and  improve                                                               
Alaska's economic development.                                                                                                  
                                                                                                                                
MS. BENNETT first addressed AHFC.  She related that BCG was asked                                                               
by AHFC  to focus on  several questions. The first  question was,                                                               
"Is their role  that they play today  appropriate?" BCG's finding                                                               
was  that  AHFC's  roles within  mortgage  financing  and  public                                                               
housing are quite  significant and on par with  other states. She                                                               
shared  that AHFC's  activities are  largely in  line with  other                                                               
state housing authorities, with a few exceptions.                                                                               
                                                                                                                                
She  reported that  BCG  took a  closer look  at  AHFC's role  in                                                               
mortgage  financing   in  today's  economy  and   whether  it  is                                                               
competitive  with  banks.  BCG  found  that  AHFC  has  very  low                                                               
delinquency rates and complements the  role of banks; it does not                                                               
compete with banks.                                                                                                             
                                                                                                                                
2:51:01 PM                                                                                                                    
MS.  BENNETT reported  that Alaska's  mortgage finance  market is                                                               
estimated at $20  billion with AHFC commanding 14  percent of the                                                               
market share. She pointed out that  14 percent is a little on the                                                               
high side  due to the  role it played in  the 1980s and  the high                                                               
number of rural  loans. She explained that AHFC  does not compete                                                               
with  banks  because  AHFC  does not  originate  loans  and  uses                                                               
private provider servicing.                                                                                                     
                                                                                                                                
2:53:35 PM                                                                                                                    
MS. BENNETT showed a table of  the seven groups AHFC serves, five                                                               
of  which  may  qualify  for  government-sponsored  entity  (GSE)                                                               
loans, but find  more value in AHFC products.  She described each                                                               
category of  which rural loans  was the largest and  the category                                                               
served only  by AHFC. AHFC can  offer a lower rate  than many GSE                                                               
loans and without  AHFC, some of the customers would  have to pay                                                               
a higher rate.                                                                                                                  
                                                                                                                                
2:55:03 PM                                                                                                                    
MS.  BENNETT  turned  to  how   AHFC's  choice  of  "high  touch"                                                               
servicing  may  contribute  to  lower  foreclosure  rates  and  a                                                               
balanced  risk portfolio.  AHFC  has very  low foreclosure  rates                                                               
compared to Alaska  and U.S. averages. She drew  attention to the                                                               
number of people who  would not be able to get a  loan if not for                                                               
AHFC.                                                                                                                           
                                                                                                                                
She stated that BCG found  that AHFC's role in mortgage financing                                                               
should  be maintained  to ensure  the continuation  of associated                                                               
benefits;  providing  access  to   home  ownership,  providing  a                                                               
consistent  flow of  funds to  Alaska,  subsidizing other  social                                                               
programs, contributing  to the economy, helping  to keep Alaskans                                                               
in Alaska, and creating jobs.                                                                                                   
                                                                                                                                
MS. BENNETT  pointed out that at  the end of each  section of her                                                               
presentation   is   a   comprehensive    list   of   BCG's   core                                                               
recommendations.                                                                                                                
                                                                                                                                
2:58:14 PM                                                                                                                    
MS.  BENNETT  drew attention  to  BCG's  recommendations for  the                                                               
Alaska   Energy  Authority   (AEA).  She   shared  four   guiding                                                               
principles to build recommendations  for AEA: carry forward AEA's                                                               
contributions to rural Alaska, minimize  spending and establish a                                                               
sustainable funding model, broaden  the financial toolkit used by                                                               
AEA, and double-down on areas of core expertise.                                                                                
                                                                                                                                
She  reviewed the  four  areas of  AEA  activities: rural  energy                                                               
support,    alternative   energy    technologies,   Power    Cost                                                               
Equalization (PCE) payments, and two Alaska Railbelt assets.                                                                    
                                                                                                                                
3:00:29 PM                                                                                                                    
MS.  BENNETT stated  that energy  technology funding  through the                                                               
Renewal Energy Fund  (REF) has been fragmented,  creating a "long                                                               
tail"   of  supported   technologies.  She   detailed  the   core                                                               
investments for  REF-supported projects. She said  BCG recommends                                                               
that AEA prioritize the areas of REF funding.                                                                                   
                                                                                                                                
She listed  the area  AEA should focus  on -  prioritize critical                                                               
technologies  as a  push  to shift  the energy  mix  to the  most                                                               
effective  ones. She  showed  critical,  important, and  moderate                                                               
technology   categories.  The   five  key   areas  are   building                                                               
efficiency,  hydro,   biomass,  wind,  and  heat   recovery.  BCG                                                               
suggested  to transition  to  loans, not  state  grants, for  the                                                               
moderately   important   technologies,   and  to   stop   funding                                                               
technologies  of  moderate  importance. BCG  also  suggested  AEA                                                               
focus  on the  sustainability of  projects already  installed and                                                               
future projects.                                                                                                                
                                                                                                                                
3:03:06 PM                                                                                                                    
MS BENNETT  discussed three rural energy  support programs. Rural                                                               
Power System Upgrade (RPSU) and  Bulk Fuel Upgrade (BFU) focus on                                                               
diesel fuel,  make up  the largest of  the support  programs, and                                                               
depend on  grant funding.  She described  problems, implications,                                                               
and potential  solutions for these  programs recommended  by BCG,                                                               
when looking for sustainability within rural support.                                                                           
                                                                                                                                
3:07:02 PM                                                                                                                    
MS. BENNETT  said the potential  exists to optimize the  value of                                                               
Power Cost  Equalization (PCE), a  critical subsidy  program that                                                               
can be leveraged for sustainable  energy use. She addressed BCG's                                                               
findings and takeaways.                                                                                                         
                                                                                                                                
She stressed  the importance of  AEA's engaging four key  sets of                                                               
stakeholders   relevant  to   rural  systems:   policymakers  and                                                               
funders, contractors, communities, and utilities.                                                                               
                                                                                                                                
3:08:35 PM                                                                                                                    
MS.  BENNETT   reported  on  the  potential   for  strategic  and                                                               
financial  benefits  from  consolidation  of AEA  and  AHFC.  BCT                                                               
suggests AIDEA  maintain its independence, however,  she said all                                                               
three  agencies  could  be  co-located  and  share  some  service                                                               
integration for savings purposes.                                                                                               
                                                                                                                                
She  shared detailed  reasons  why AEA  and  AHFC should  combine                                                               
because both have expertise in rural  Alaska and it could lead to                                                               
more comprehensive community development.                                                                                       
                                                                                                                                
3:11:08 PM                                                                                                                    
MS.  BENNETT turned  to AIDEA  findings.  She said  Alaska has  a                                                               
unique need for enterprise  project and infrastructure financing,                                                               
given its  core industrial focus  and need for  infrastructure to                                                               
access critical assets.  Today, AIDEA plays an  important role in                                                               
two aspects;  small commercial  finance in the  form of  the Loan                                                               
Participation  Program, and  investment  in  small and  mid-sized                                                               
enabling  infrastructure  through Development  Finance.  However,                                                               
there is  opportunity in  the marketplace for  a state  player to                                                               
take a larger role:                                                                                                             
                                                                                                                                
     Invest in larger enterprise infrastructure projects,                                                                       
     targeting key sectors to diversify the overall economy,                                                                    
     such as in commercial finance, project finance, and                                                                        
     especially in the large enterprise projects.                                                                               
                                                                                                                                
     Proactively source and select projects targeting specific                                                                  
     economic sectors that can foster high potential industries                                                                 
     and diversify the economy.                                                                                                 
                                                                                                                                
     Increase the use of a range of investment vehicles, equity                                                                 
     as well as debt, to improve returns.                                                                                       
                                                                                                                                
She  concluded  that it  is  important  that AIDEA  continue  its                                                               
process  of  making  management   improvements  by  tracking  and                                                               
reporting financial and  macroeconomic impacts, enhancing project                                                               
assessment  and  selection  rigor/criteria process,  fostering  a                                                               
more  risk tolerant  culture through  governance, and  increasing                                                               
financing and operating budget flexibility.                                                                                     
                                                                                                                                
3:16:39 PM                                                                                                                    
CHAIR COSTELLO thanked  the BCG presenters. She  pointed out that                                                               
the document is  in draft form and asked when  the final would be                                                               
released.                                                                                                                       
                                                                                                                                
COMMISSIONER FISHER replied it would be released in a few days.                                                                 
                                                                                                                                
3:17:53 PM                                                                                                                    
SENATOR GARDNER asked  if this change might  threaten funding for                                                               
AHFC.                                                                                                                           
                                                                                                                                
MR. ACOSTA  said BCG is  not recommending significant  changes to                                                               
the integration of  agencies and is not  anticipating any changes                                                               
in federal funding.                                                                                                             
                                                                                                                                
SENATOR GARDNER  asked if  BCG worked closely  with the  Board of                                                               
Directors for all the agencies.                                                                                                 
                                                                                                                                
COMMISSIONER FISHER indicated that they did.                                                                                    
                                                                                                                                
SENATOR GARDNER asked about having  access to the analysis of the                                                               
agency reviews.                                                                                                                 
                                                                                                                                
3:19:32 PM                                                                                                                    
COMMISSIONER FISHER replied the intention  is to only provide the                                                               
summary report and answer questions, not distribute the data.                                                                   
                                                                                                                                
SENATOR GARDNER inquired about a  list of stakeholders BCG worked                                                               
with during the review.                                                                                                         
                                                                                                                                
3:20:12 PM                                                                                                                    
MS.  BENNETT  clarified that  they  did  not do  a  comprehensive                                                               
stakeholder  engagement  nor  include all  rural  governments  or                                                               
tribal entities.  They did visit  with several  rural communities                                                               
and spoke to representatives from rural areas.                                                                                  
                                                                                                                                
3:20:45 PM                                                                                                                    
SENATOR STEVENS  said he  is under the  impression that  there is                                                               
outside representation on the boards.                                                                                           
                                                                                                                                
COMMISSIONER FISHER offered his  understanding that all the board                                                               
members were Alaskans.                                                                                                          
                                                                                                                                
3:21:23 PM                                                                                                                    
MR.  ACOSTA pointed  out that  specific  recommendations for  the                                                               
AIDEA board are  to lengthen the terms of  board members, stagger                                                               
terms, and designate spots based  on specialty. When pursuing the                                                               
right talent, there may be some need to look beyond Alaska.                                                                     
                                                                                                                                
3:22:26 PM                                                                                                                    
CHAIR COSTELLO  expressed interest  in looking at  maximizing how                                                               
AIDEA  can help  grow Alaska's  economy. She  opined that  things                                                               
tend to  go wrong when the  legislature tries to tell  AIDEA what                                                               
to do or how  to invest. She asked how to  expand AIDEA powers in                                                               
order to move into larger projects.                                                                                             
                                                                                                                                
MS. BENNETT  referred to a list  of which statutes would  need to                                                               
change to  make that happen.  She explained AIDEA  is functioning                                                               
as  an infrastructure  fund and  it should  function more  like a                                                               
business  with rigorous  criteria to  avoid political  influence.                                                               
She  explained  that,  currently, the  legislature  must  approve                                                               
anything  over  $25  million  that  AIDEA does  in  the  area  of                                                               
commercial  or  development  finance. A  statutory  change  could                                                               
provide more independence to AIDEA.  The board changes would also                                                               
provide more independence.                                                                                                      
                                                                                                                                
3:25:20 PM                                                                                                                    
SENATOR  GARDNER asked  if the  final report  will include  board                                                               
responses and  descriptions of the  involvement and roles  of key                                                               
stakeholders,  as  well  as  a  description  of  the  communities                                                               
visited.                                                                                                                        
                                                                                                                                
3:26:03 PM                                                                                                                    
COMMISSIONER  FISHER said  he views  BCG's  recommendations as  a                                                               
starting place and DOT will continue  to work with the boards and                                                               
agencies.  One  of  the  core  initiatives will  be  to  look  at                                                               
integrating  the three  agencies and  determine the  benefits and                                                               
savings of doing so. He maintained  that it is premature to share                                                               
agency responses and to include  board responses. The involvement                                                               
of communities is  not included in the document, which  is more a                                                               
summary   of  recommendations.   He  offered   to  provide   that                                                               
information.  He concluded  that  the report  is  less about  the                                                               
process  and  more  about  the   findings.  There  was  not  deep                                                               
stakeholder engagement on the part of communities.                                                                              
                                                                                                                                
3:27:58 PM                                                                                                                    
SENATOR GARDNER  expressed interest  in seeing who  was contacted                                                               
and their roles because it affects confidence in the findings.                                                                  
                                                                                                                                
CHAIR COSTELLO  questioned how important  it is for the  state to                                                               
have an economic strategy. She  used Texas's use of marketing and                                                               
industry clusters as examples of strategies.                                                                                    
                                                                                                                                
3:29:29 PM                                                                                                                    
MR. ACOSTA  responded said that  BCG consistently heard  a desire                                                               
for clarity of vision and  priorities. He said having an economic                                                               
strategy is a very important tool.  There are various ways to get                                                               
there as long as there is a public/private collaboration.                                                                       
                                                                                                                                
3:30:44 PM                                                                                                                    
MS.  BENNETT agreed  and added  that it  is critically  important                                                               
that the state  have an economic development  strategy. It should                                                               
come from  a statewide  comprehensive level,  not a  community or                                                               
regional  level.  It  should  be   a  big  picture.  Enterprising                                                               
economic development consists of sector strategies.                                                                             
                                                                                                                                
SENATOR GARDNER  requested clarity  about the core  initiative to                                                               
integrate.                                                                                                                      
                                                                                                                                
COMMISSIONER  FISHER clarified  that  he  meant "co-locate",  not                                                               
integrate.                                                                                                                      
                                                                                                                                
SENATOR  GARDNER suggested  communication via  broadband is  very                                                               
important.                                                                                                                      
                                                                                                                                
CHAIR COSTELLO agreed that broadband is critical infrastructure.                                                                
                                                                                                                                
She thanked the presenters.                                                                                                     
                                                                                                                                
3:33:36 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Costello adjourned the Senate Labor & Commerce Standing                                                                   
Committee at 3:33 p.m.