00 CS FOR SENATE BILL NO. 4002(FIN) am 01 "An Act relating to grants from the renewable energy grant fund; amending the bulk 02 fuel bridge loan fund and the bulk fuel revolving loan fund; amending the power cost 03 equalization program, repealing the exclusion from eligibility for power cost 04 equalization for certain power projects that take their power from hydroelectric 05 facilities, and amending the definition of 'eligible electric utility' as it applies to the 06 power cost equalization program and the grant program for small power projects for 07 utility improvements; relating to establishing a gas pipeline development fund in the 08 Department of Revenue; establishing the Alaska resource rebate program and relating 09 to that program; relating to heating assistance; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11  * Section 1. AS 29.60.660(c) is amended to read: 12 (c) Loans made from the bulk fuel bridge loan fund to one borrower in a fiscal 01 year 02 (1) may not exceed $750,000 [$500,000]; and 03 (2) shall be repaid within one year after the date of the award. 04  * Sec. 2. AS 42.45.045(e), as enacted in sec. 3, ch. 31, SLA 2008, is amended to read: 05 (e) In consultation with the advisory committee established in (i) of this 06 section, the authority shall make recommendations to the legislature regarding eligible 07 applicants' projects that finance feasibility studies, reconnaissance studies, energy 08 resource monitoring, and construction of renewable energy projects, alternative  09 energy projects, natural gas projects, or transmission or distribution infrastructure 10 located in Alaska that meet the requirements of (f), (g), [OR] (h), or (m) of this 11 section, as applicable, and shall, at least once each year, solicit from the advisory 12 committee funding recommendations for all grants. 13  * Sec. 3. AS 42.45.045, as enacted in sec. 3, ch. 31, SLA 2008, is amended by adding a new 14 subsection to read: 15 (m) For an alternative energy project to qualify for a grant recommendation 16 under (e) of this section, the project must be a 17 (1) new project not in operation on the effective date of this bill section 18 or an addition to an existing project made after the effective date of this bill section; 19 and 20 (2) facility that generates energy or fuel that is less expensive, more 21 efficient, or has a less adverse effect on the environment than the energy or fuel that 22 was previously used by a community. 23  * Sec. 4. AS 42.45.110(c) is repealed and reenacted to read: 24 (c) The amount of power costs for which equalization is paid to an electric 25 utility is the difference between 26 (1) 10 cents a kilowatt-hour; and 27 (2) the lowest of the following: 28 (A) $1.15 a kilowatt-hour; 29 (B) power costs as determined by the commission under (a) of 30 this section; or 31 (C) the average rate for each eligible kilowatt-hour sold. 01  * Sec. 5. AS 42.45.110(c), as repealed and reenacted by sec. 4 of this Act, is repealed and 02 reenacted to read: 03 (c) The amount of power cost equalization provided for each kilowatt-hour 04 under (b) of this section may not exceed 95 percent of the power costs, or the average 05 rate for each eligible kilowatt-hour sold, whichever is less, as determined by the 06 commission. However, 07 (1) during the state fiscal year that began July 1, 1999, the power costs 08 for which power cost equalization were paid to an electric utility were limited to 09 minimum power costs of more than 12 cents a kilowatt-hour and less than 52.5 cents a 10 kilowatt-hour; and 11 (2) during each following state fiscal year, the commission shall adjust 12 the power costs for which power cost equalization may be paid to an electric utility 13 based on the weighted average retail residential rate in Anchorage, Fairbanks, and 14 Juneau; however, the commission may not adjust the power costs under this paragraph 15 to reduce the amount below the lower limit set out in (1) of this subsection. 16  * Sec. 6. AS 42.45.110 is amended by adding new subsections to read: 17 (j) The power cost equalization for each kilowatt-hour calculated under (c) of 18 this section may be determined for a utility without historical kilowatt-hour sales data 19 by using kilowatt-hours generated. 20 (k) Notwithstanding (c) of this section, an electric utility shall receive not less 21 than five cents a kilowatt-hour in power cost equalization under (b)(2) of this section. 22  * Sec. 7. AS 42.45.150(2) is amended to read: 23 (2) "eligible electric utility" or "electric utility" means a public, 24 cooperative, or other corporation, company, individual, or association of individuals, 25 and includes the lessees, trustees, or receivers appointed by a court, that 26 [(A)] owns, operates, manages, or controls a plant or system for 27 the furnishing, by generation, transmission, or distribution, of electric service 28 to the public for compensation [; 29 (B) DURING CALENDAR YEAR 1983, HAD A 30 RESIDENTIAL CONSUMPTION LEVEL OF POWER ELIGIBLE FOR 31 POWER COST EQUALIZATION UNDER FORMER AS 44.83 OF LESS 01 THAN 7,500 MEGAWATT HOURS OR HAD A RESIDENTIAL 02 CONSUMPTION LEVEL OF POWER ELIGIBLE FOR POWER COST 03 EQUALIZATION UNDER FORMER AS 44.83 OF LESS THAN 15,000 04 MEGAWATT HOURS IF THE UTILITY SERVED TWO OR MORE 05 MUNICIPALITIES OR UNINCORPORATED COMMUNITIES; AND 06 (C) DURING CALENDAR YEAR 1984, USED DIESEL 07 FIRED GENERATORS TO PRODUCE MORE THAN 75 PERCENT OF 08 THE ELECTRICAL CONSUMPTION OF THE UTILITY; AN ELECTRIC 09 UTILITY THAT IS A SUBSIDIARY OF ANOTHER ELECTRIC UTILITY 10 IS AN "ELIGIBLE ELECTRIC UTILITY" IF THE OPERATIONS OF THE 11 SUBSIDIARY, CONSIDERED SEPARATELY, MEET THE ELIGIBILITY 12 REQUIREMENTS OF AS 42.45.100 - 42.45.150; IF AN ELECTRIC 13 UTILITY DID NOT RECEIVE POWER COST ASSISTANCE IN 1983 BUT 14 IS OTHERWISE ELIGIBLE FOR POWER COST EQUALIZATION 15 UNDER AS 42.45.100 - 42.45.150, THE UTILITY IS AN "ELIGIBLE 16 ELECTRIC UTILITY"]; 17  * Sec. 8. AS 42.45.150(2), as amended by sec. 7 of this Act, is amended to read: 18 (2) "eligible electric utility" or "electric utility" means a public, 19 cooperative, or other corporation, company, individual, or association of individuals, 20 and includes the lessees, trustees, or receivers appointed by a court, that 21 (A) owns, operates, manages, or controls a plant or system for 22 the furnishing, by generation, transmission, or distribution, of electric service 23 to the public for compensation;  24 (B) during calendar year 1983, had a residential  25 consumption level of power eligible for power cost equalization under  26 former AS 44.83 of less than 7,500 megawatt-hours or had a residential  27 consumption level of power eligible for power cost equalization under  28 former AS 44.83 of less than 15,000 megawatt-hours if the utility served  29 two or more municipalities or unincorporated communities; and  30 (C) during calendar year 1984, used diesel-fired generators  31 to produce more than 75 percent of the electrical consumption of the  01 utility; an electric utility that is a subsidiary of another electric utility is an  02 "eligible electric utility" if the operations of the subsidiary, considered  03 separately, meet the eligibility requirements of AS 42.45.100 - 42.45.150; if  04 an electric utility did not receive power cost assistance in 1983 but is  05 otherwise eligible for power cost equalization under AS 42.45.100 -  06 42.45.150, the utility is an "eligible electric utility"; 07  * Sec. 9. AS 42.45.250(e) is amended to read: 08 (e) Loans made from the bulk fuel revolving loan fund to one borrower in any 09 fiscal year 10 (1) may not exceed $750,000 [$500,000], or, if the borrower is a 11 cooperative corporation organized under AS 10.15 or an electric cooperative 12 organized under AS 10.25 and uses the loan to purchase bulk fuel on behalf of more 13 than one community, may not exceed the lesser of $750,000 [$500,000] multiplied by 14 the number of communities on whose behalf the bulk fuel is to be purchased, or 15 $1,800,000; 16 (2) shall be repaid in one year or less; and 17 (3) may not exceed 90 percent of the wholesale price of the fuel 18 purchased. 19 * Sec. 10. AS 43.98 is amended by adding a new section to read: 20 Sec. 43.98.030. Gas pipeline development fund. (a) A gas pipeline 21 development fund is established in the Department of Revenue as a separate fund to 22 finance a gas pipeline project in the state. 23 (b) The Department of Revenue shall administer the fund as a fund distinct 24 from other funds in the Department of Revenue. The fund consists of 25 (1) money appropriated to the fund by the legislature to provide for 26 development of a gas pipeline as determined by the legislature; 27 (2) gifts, bequests, contributions from other sources, and federal 28 money; 29 (3) interest earned on the fund balance; and 30 (4) investments to be managed by the Department of Revenue, which 31 shall be the fiduciary of the fund under AS 37.10.071. 01 (c) The fund is not a dedicated fund. 02  * Sec. 11. The uncodified law of the State of Alaska enacted in sec. 1(b), ch. 31, SLA 2008, 03 is amended to read: 04 (b) It is the intent of the legislature that each year for the next five years 05 $50,000,000 in capital funds be appropriated to fund renewable energy projects 06 recommended by the Alaska Energy Authority as described in AS 42.45.045(f) and  07 sec. [SECS. 3 AND] 6 of this Act. 08  * Sec. 12. The uncodified law of the State of Alaska enacted in sec. 6, ch. 31, SLA 2008, is 09 amended to read: 10 RENEWABLE ENERGY GRANTS DURING STATE FISCAL YEAR 2009. 11 (a) For the fiscal year ending June 30, 2009, from an appropriation made under the 12 statement of intent set out in sec. 1(b) of this Act, the Alaska Energy Authority shall 13 distribute grants to applicants determined by the authority and that meet the criteria in 14 AS 42.45.045(f) - (h) and (m) [, ADDED BY SEC. 3 OF THIS ACT,] based on the 15 procedure described in (b) of this section. 16 (b) For administering grants under AS 42.45.045(f) - (h) and (m) [, ADDED 17 BY SEC. 3 OF THIS ACT,] for the fiscal year ending June 30, 2009, notwithstanding 18 AS 42.45.045(d), (e), and (i) - (l), added by sec. 3 of this Act, 19 (1) the Alaska Energy Authority shall submit to the Legislative Budget 20 and Audit Committee for review a revised program setting out the proposed grants; 21 (2) 45 days shall elapse before commencement of expenditures under 22 the revised program unless the Legislative Budget and Audit Committee earlier 23 recommends otherwise; 24 (3) should the Legislative Budget and Audit Committee recommend 25 within the 45-day period that the Alaska Energy Authority not award the grants as set 26 out in the revised program, the Alaska Energy Authority shall again review the grant 27 applications and, if the Alaska Energy Authority determines to authorize the 28 expenditures, the Alaska Energy Authority shall provide the Legislative Budget and 29 Audit Committee with a statement of the Alaska Energy Authority's reasons before 30 commencement of expenditures making the approved grants. 31  * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 01 read: 02 ALASKA RESOURCE REBATE PROGRAM ESTABLISHED. Because the recent 03 high cost of energy has simultaneously burdened consumers and provided additional revenue 04 to the state, the Alaska resource rebate program is established to provide residents with 05 resource rebates under sec. 14 of this Act to help offset those energy costs and to provide 06 persons with emergency energy relief under sec. 15 of this Act. 07  * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 RESOURCE REBATES. (a) To provide residents of the state with a resource rebate, 10 the amount of the 2008 permanent fund dividend shall be increased. After calculating the 11 amount of the 2008 dividend under AS 43.23.025, the commissioner of revenue shall add 12 $500 to determine the total amount of that dividend. 13 (b) A veteran or the spouse or dependent of a living or deceased veteran who did not 14 apply for the 2008 permanent fund dividend and is eligible for veterans' benefits under 38 15 U.S.C. 1315, 1513, 1521, 1541, and 1542 may apply to the Department of Revenue for a $500 16 Alaska resource rebate payment for 2008. The individual shall apply on a form provided by 17 the department not later than October 1, 2008, and shall demonstrate that the individual would 18 have been eligible to receive a 2008 permanent fund dividend under AS 43.23, except that the 19 individual did not apply for that dividend. 20 (c) A veteran or the spouse or dependent of a living or deceased veteran who is 21 eligible for veterans' benefits under 38 U.S.C. 1315, 1513, 1521, 1541, and 1542 who is 22 denied or receives reduced payments under those provisions or reduced health care benefits 23 solely because the $500 increase in the dividend under (a) of this section or the $500 payment 24 under (b) of this section received by the individual is counted as income is eligible for cash 25 assistance under AS 47.25.120 - 47.25.300 (general relief assistance). Notwithstanding the 26 limit in AS 47.25.130, the individual is entitled to receive the same amount as the individual 27 would have received under 38 U.S.C. 1315, 1513, 1521, 1541, and 1542 and as a health care 28 benefit as a result of being eligible under 38 U.S.C. 1315, 1513, 1521, 1541, and 1542, had 29 the $500 increase or payment not been received under (a) or (b) of this section. 30 (d) Subject to appropriation, the amount necessary for resource rebates to increase 31 2008 permanent fund dividends under (a) of this section shall be transferred from the general 01 fund to the dividend fund (AS 43.23.045). 02  * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 EMERGENCY ENERGY RELIEF. (a) The Alaska Energy Authority shall provide 05 persons with emergency energy relief payments to offset the cost of fuel or electricity used for 06 residences. 07 (b) Subject to (h) of this section, a person may receive an emergency energy relief 08 payment based on the amount that exceeds $3.00 a gallon that the person pays for each gallon 09 of heating oil or propane delivered September 1, 2008, through March 31, 2009, and 10 September 1, 2009, through March 31, 2010, for a building in the state that is primarily used 11 for one or more residences. Payments may not be made for more than 850 gallons of heating 12 oil or propane used for a single family residence during September 1, 2008, through 13 March 31, 2009, and 850 gallons of heating oil or propane for a single family residence 14 during September 1, 2009, through March 31, 2010. Payments may not be made for more than 15 300 gallons of heating oil or propane for each unit in a multi-family building used for that 16 building during September 1, 2008, through March 31, 2009, and 300 gallons of heating oil or 17 propane for each unit in a multi-family building used for that building during September 1, 18 2009, through March 31, 2010. 19 (c) A customer may receive an emergency energy relief credit from a natural gas 20 supplier on the qualified distributor list prepared under (i) of this section. The credit is based 21 on the amount that exceeds $3.00 an Mcf that the customer pays for each Mcf of natural gas 22 delivered September 1, 2008, through March 31, 2009, and September 1, 2009, through 23 March 31, 2010, for a building in the state that is primarily used for one or more residences. 24 The credit is limited to not more than 100 Mcf of natural gas used for a single family 25 residence, or 50 Mcf of natural gas used for each unit in a multi-unit structure, during 26 September 1, 2008, through March 31, 2009, and not more than 100 Mcf used for a single 27 family residence, or 50 Mcf used for each unit in a multi-unit structure, during September 1, 28 2009, through March 31, 2010. The natural gas supplier may submit to the authority its billing 29 statements for purchases of natural gas used to heat residences. The supplier shall also submit 30 customer and sales information that may be required by the authority with each billing 31 statement so that the authority may determine the amount to pay directly to the supplier to be 01 treated by the supplier as a credit to the natural gas customer. Thirty days after submitting a 02 billing statement to the authority, the supplier may submit the statement to the customer for 03 payment of that portion not paid by the authority and appearing on the billing statement as an 04 emergency energy relief credit. For purposes of calculating the credit amount, the amount a 05 customer pays for natural gas is based on the actual cost to the customer, including taxes, 06 regulatory and other charges, and cost adjustments. In this subsection, "multi-unit structure" 07 means a residential building containing at least four separate dwelling units. 08 (d) A person who heats with electricity a building or dwelling unit in the state that is 09 primarily used for a residence may receive an emergency energy relief payment to reimburse 10 the person for amounts the person pays for costs of electricity for that residence. The amount 11 of reimbursement equals five cents a kilowatt-hour for the cost of up to 2,300 kilowatt-hours 12 each month of electricity purchased between September 1, 2008, and March 31, 2009, both 13 inclusive, and for the cost of up to 2,300 kilowatt-hours each month of electricity purchased 14 between September 1, 2009, and March 31, 2010, both inclusive, except that no 15 reimbursement applies for the first 500 kilowatt-hours each month purchased during each of 16 those periods. To receive an emergency energy relief payment under this subsection, a person 17 shall provide proof that the building or dwelling unit is heated with electricity and shall meet 18 the requirements of (h) of this section. 19 (e) The amount of the payment or credit under (b), (c), or (d) of this section must 20 include an amount to reimburse the sales tax that the person paid for the fuel or electricity for 21 which the emergency energy relief payment or credit is made. The amount of reimbursement 22 for sales taxes included in the payment or credit must be based on the sales tax rate in effect 23 on the effective date of this section. A payment may not be made for fuel, and a credit may 24 not be given for electricity, used for a building owned by a governmental entity. A person 25 may apply for and receive more than one emergency energy relief payment or credit; 26 however, a person may not receive a payment or credit for more than one type of fuel 27 delivered or for electricity purchased September 1, 2008, through March 31, 2009, or for 28 more than one type of fuel delivered or electricity purchased September 1, 2009, through 29 March 31, 2010. If the authority estimates that appropriations to the authority are insufficient 30 to fully fund emergency energy relief, the authority may eliminate or reduce the payments and 31 credits under (b), (c), and (d) of this section on an equitable basis. 01 (f) A landlord or lessor that receives a payment under (b) or (d) of this section or a 02 credit under (c) of this section shall pass on a benefit to the landlord's or lessor's tenant by 03 lowering the amount of rent by the amount attributable to the tenant's unit. A landlord or 04 lessor may retain up to 10 percent of the payment or credit otherwise required to be passed on 05 to the tenant to cover administrative costs. Failure to comply with the requirement of this 06 subsection is a violation of AS 45.50.471. The authority may audit the books and records of a 07 landlord or lessor for compliance with this subsection. 08 (g) The authority 09 (1) shall administer this section, but may contract for the performance of some 10 or all of those administrative duties; AS 36.30 (State Procurement Code) does not apply to 11 contracts entered into by the authority under this paragraph; 12 (2) may adopt regulations under AS 44.62 to implement this section. 13 (h) A person who is an individual is eligible to receive a payment under (b) or (d) of 14 this section only if the individual is a state resident under AS 01.10.055. In addition, to 15 receive a payment under (b) or (d) of this section, a person shall 16 (1) apply, before July 1, 2010, for the payment on a form provided by the 17 authority; 18 (2) if the person is applying for payment for heating oil or propane, provide, 19 with each application, proof of purchase of fuel from a qualified distributor on the list 20 prepared under (i) of this section; 21 (3) if the person is applying for a payment for electricity, provide proof of 22 payment as required by the authority; 23 (4) verify that the fuel is used for a building that is primarily used for one or 24 more residences, identify the building, and identify the number of residential units in the 25 building; 26 (5) verify that the building is not owned by a government entity; 27 (6) supply other information that may be required by the authority. 28 (i) A business or other entity that supplies fuel for use in residential buildings may 29 apply in a manner required by the authority for inclusion on the qualified distributor list 30 prepared and kept updated by the authority under this subsection. As a condition of becoming 31 a qualified distributor, the business or other entity must submit a signed statement to the 01 authority, under penalty of unsworn falsification, on a form or in a format prescribed by the 02 authority, that the business or other entity will not increase its price for fuel solely in response 03 to this section, and that the business's or other entity's pricing policy will remain consistent 04 with prior practices and be based on the same criteria, as though this section had not been 05 enacted. The authority may audit a qualified distributor's books and records to confirm that 06 the statement made under this subsection is complete and accurate. If the distributor 07 reasonably believes a delivery of fuel is made to a building primarily used for one or more 08 residences, during September 1, 2008, through March 31, 2009, or during September 1, 2009, 09 through March 31, 2010, the distributor shall agree to identify the delivery as residential in a 10 manner prescribed by the authority. The distributor shall agree to submit to the authority its 11 billing statements for purchases of fuel for residences and related customer and sales 12 information that may be requested by the authority from time to time. The distributor shall 13 provide other information required by the authority. 14 (j) A person aggrieved by a decision of the authority regarding the person's eligibility 15 to receive emergency energy relief under this section, other than a determination based on 16 insufficient funding for emergency energy relief, may request a hearing before the office of 17 administrative hearings established under AS 44.64. 18 (k) A person is liable to the state for the value of emergency energy relief improperly 19 paid or credited under this section if the improper payment or credit was based on inaccurate 20 or false information provided by the person. In a civil action brought by the state to recover 21 from the person the value of the emergency energy relief improperly paid or credited, the state 22 may recover from the person the costs of investigation and prosecution of the civil action, 23 including attorney fees as determined under court rules. 24 (l) In determining the eligibility of an individual under a public assistance program 25 administered by the Department of Health and Social Services in which eligibility for 26 assistance is based on financial need, the Department of Health and Social Services may not 27 consider a payment or credit under this section as income or resources received by the 28 individual or by a member of the individual's household unless required to do so by federal 29 law. The Department of Health and Social Services shall notify all recipients of public 30 assistance of the effects of receiving emergency energy relief. 31 (m) An individual who is denied medical assistance under 42 U.S.C. 1396 - 1396v 01 (Title XIX, Social Security Act) solely because of the receipt of a payment or credit under this 02 section by the individual or by a member of the individual's household is eligible for state- 03 funded medical assistance under AS 47.25.120 - 47.25.300 (general relief assistance). The 04 individual is entitled to receive, for a period not to exceed four months, the same level of 05 medical assistance as the individual would have received under 42 U.S.C. 1396 - 1396v had 06 the emergency energy relief not been received. 07 (n) An individual who is denied assistance solely because a payment or credit under 08 this section received by the individual or by a member of the individual's household is 09 counted as income or resources under federal law is eligible for cash assistance under 10 AS 47.25.120 - 47.25.300 (general relief assistance). Notwithstanding the limit in 11 AS 47.25.130, the individual is entitled to receive, for a period not to exceed four months, the 12 same amount as the individual would have received under other public assistance programs 13 had the emergency energy relief not been received. 14 (o) A program that is established before the effective date of this section, that is 15 administered by the state or any of its instrumentalities or municipalities or by a Native 16 organization under AS 47.27.070, 47.27.200, or 47.27.300, and for which eligibility is based 17 on financial need may not consider a payment or credit under this section as income or 18 resources unless required to do so by federal law. 19 (p) A veteran or the spouse or dependent of a living or deceased veteran who is 20 denied or receives reduced disability payments solely because a payment or credit received 21 under this section by the individual is counted as income is eligible for cash assistance under 22 AS 47.25.120 - 47.25.300 (general relief assistance). Notwithstanding the limit in 23 AS 47.25.130, the veteran or the spouse or dependent of a living or deceased veteran is 24 entitled to receive the same amount as the individual would have received under 38 U.S.C. 25 1315, 1513, 1521, 1541, and 1542 had the emergency energy relief not been received. 26 (q) Notwithstanding any contrary provision of state law, a payment under this section 27 is exempt from levy, execution, garnishment, or any other remedy for debt collection until 28 after the payment has been received by the person. No other exemption applies to emergency 29 energy relief payments received under this section. 30 (r) A form provided by the authority under (h) of this section must include a warning 31 that the submission of incomplete or inaccurate information is punishable as unsworn 01 falsification in the second degree under AS 11.56.210. 02 (s) A person is guilty of a class A misdemeanor if the person 03 (1) uses heating oil, propane, or electricity, payment for which has been 04 partially reimbursed with a payment under this section, 05 (A) for a purpose other than use in a building that is primarily used for 06 one or more residences; or 07 (B) for a building that is owned by a governmental entity; or 08 (2) resells heating oil or propane, payment for which has been partially 09 reimbursed with a payment under (b) of this section. 10 (t) In this section, 11 (1) "authority" means the Alaska Energy Authority created under 12 AS 44.83.020; 13 (2) "fuel" means heating oil, natural gas, or propane. 14  * Sec. 16. AS 42.45.110(k) is repealed June 30, 2010. 15  * Sec. 17. AS 42.45.115 is repealed. 16  * Sec. 18. Sections 15(a) - (e), (g) - (i), (l) - (r), and (t) of this Act are repealed September 1, 17 2010. 18  * Sec. 19. Sections 1 - 3 and 9 - 15 of this Act take effect immediately under 19 AS 01.10.070(c). 20  * Sec. 20. Sections 4, 6, 7, 16, and 17 of this Act take effect October 1, 2008. 21  * Sec. 21. Sections 5 and 8 of this Act take effect June 30, 2010.