txt

Enrolled SB 4002: Amending the bulk fuel bridge loan fund and the bulk fuel revolving loan fund; relating to power cost equalization; relating to Alaska resource rebates, and increasing the amount of the 2008 permanent fund dividend to provide that rebate; suspending the motor fuel tax; eliminating the authority to make certain provisions of the heating assistance program retroactive to November 1, 2007; and providing for an effective date.

00 Enrolled SB 4002                                                                                                        
01 Amending the bulk fuel bridge loan fund and the bulk fuel revolving loan fund; relating to                              
02 power cost equalization; relating to Alaska resource rebates, and increasing the amount of the                          
03 2008 permanent fund dividend to provide that rebate; suspending the motor fuel tax;                                     
04 eliminating the authority to make certain provisions of the heating assistance program                                  
05 retroactive to November 1, 2007; and providing for an effective date.                                                   
06                           _______________                                                                               
07    * Section 1. AS 29.60.660(c) is amended to read:                                                                   
08            (c)  Loans made from the bulk fuel bridge loan fund to one borrower in a fiscal                              
09       year                                                                                                              
10                 (1)  may not exceed $750,000 [$500,000]; and                                                        
11                 (2)  shall be repaid within one year after the date of the award.                                       
12    * Sec. 2. AS 42.45.110(c) is amended to read:                                                                      
01            (c)  The amount of power cost equalization provided for each [PER] kilowatt-                             
02       hour under [SUBSECTION] (b) of this section may not exceed 95 percent of the                                      
03       power costs, or the average rate for each [PER] eligible kilowatt-hour sold, whichever                        
04       is less, as determined by the commission. However,                                                                
05                 (1)  [DURING THE STATE FISCAL YEAR THAT BEGAN JULY 1,                                                   
06       1999,] the power costs for which power cost equalization are [WERE] paid to an                                
07       electric utility are [WERE] limited to minimum power costs of more than 12 cents a                        
08       [PER] kilowatt-hour and less than $1 a [52.5 CENTS PER] kilowatt-hour;                                        
09                 (2)  each year [DURING EACH FOLLOWING STATE FISCAL                                                  
10       YEAR], the commission shall adjust the power costs for which power cost                                           
11       equalization may be paid to an electric utility based on the weighted average retail                              
12       residential rate in Anchorage, Fairbanks, and Juneau; however, the commission may                                 
13       not adjust the power costs under this paragraph to reduce the amount below the lower                              
14       limit set out in (1) of this subsection; and                                                                      
15                 (3)  the power cost equalization for each [PER] kilowatt-hour may be                                
16       determined for a utility without historical kilowatt-hour sales data by using kilowatt-                           
17       hours generated.                                                                                                  
18    * Sec. 3. AS 42.45.110(c), as amended by sec. 2 of this Act, is amended to read:                                   
19            (c)  The amount of power cost equalization provided for each kilowatt-hour                                   
20       under (b) of this section may not exceed 95 percent of the power costs, or the average                            
21       rate for each eligible kilowatt-hour sold, whichever is less, as determined by the                                
22       commission.  However,                                                                                             
23                 (1)  the power costs for which power cost equalization are paid to an                                   
24       electric utility are limited to minimum power costs of more than 12 cents a kilowatt-                             
25       hour and less than 52.5 cents [$1] a kilowatt-hour;                                                           
26                 (2)  each year, the commission shall adjust the power costs for which                                   
27       power cost equalization may be paid to an electric utility based on the weighted                                  
28       average retail residential rate in Anchorage, Fairbanks, and Juneau; however, the                                 
29       commission may not adjust the power costs under this paragraph to reduce the amount                               
30       below the lower limit set out in (1) of this subsection; and                                                      
31                 (3)  the power cost equalization for each kilowatt-hour may be                                          
01       determined for a utility without historical kilowatt-hour sales data by using kilowatt-                           
02       hours generated.                                                                                                  
03    * Sec. 4. AS 42.45.250(e) is amended to read:                                                                      
04            (e)  Loans made from the bulk fuel revolving loan fund to one borrower in any                                
05       fiscal year                                                                                                       
06                 (1)  may not exceed $750,000 [$500,000], or, if the borrower is a                                   
07       cooperative corporation organized under AS 10.15 or an electric cooperative                                       
08       organized under AS 10.25 and uses the loan to purchase bulk fuel on behalf of more                                
09       than one community, may not exceed the lesser of $750,000 [$500,000] multiplied by                            
10       the number of communities on whose behalf the bulk fuel is to be purchased, or                                    
11       $1,800,000;                                                                                                       
12                 (2)  shall be repaid in one year or less; and                                                           
13                 (3)  may not exceed 90 percent of the wholesale price of the fuel                                       
14       purchased.                                                                                                        
15    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
16 read:                                                                                                                   
17       ALASKA RESOURCE REBATE. (a) To provide residents of the state with an Alaska                                      
18 resource rebate, the amount of the 2008 permanent fund dividend shall be increased. After                               
19 calculating the amount of the 2008 dividend under AS 43.23.025, the commissioner of                                     
20 revenue shall add $1,200 to determine the total amount of that dividend. An individual may                              
21 elect not to receive the $1,200 resource rebate authorized under this subsection. An individual                         
22 who elects not to receive the $1,200 resource rebate may provide notice of the election on a                            
23 form provided by the Department of Revenue. Notice must be postmarked or received by the                                
24 Department of Revenue not later than September 2, 2008.                                                                 
25       (b)  A veteran or the spouse or dependent of a living or deceased veteran who did not                             
26 apply for the 2008 permanent fund dividend and is eligible for veterans' benefits under 38                              
27 U.S.C. 1315, 1513, 1521, 1541, and 1542 may apply to the Department of Revenue for a                                    
28 $1,200 Alaska resource rebate payment for 2008. The individual shall apply on a form                                    
29 provided by the department not later than October 1, 2008, and shall demonstrate that the                               
30 individual would have been eligible to receive a 2008 permanent fund dividend under                                     
31 AS 43.23, except that the individual did not apply for that dividend.                                                   
01       (c)  A veteran or the spouse or dependent of a living or deceased veteran who is                                  
02 eligible for veterans' benefits under 38 U.S.C. 1315, 1513, 1521, 1541, and 1542 who is                                 
03 denied or receives reduced payments under those provisions or reduced health care benefits                              
04 solely because the $1,200 increase in the dividend under (a) of this section or the $1,200                              
05 payment under (b) of this section received by the individual is counted as income is eligible                           
06 for cash assistance under AS 47.25.120 - 47.25.300 (general relief assistance).                                         
07 Notwithstanding the limit in AS 47.25.130, the individual is entitled to receive the same                               
08 amount as the individual would have received under 38 U.S.C. 1315, 1513, 1521, 1541, and                                
09 1542 and as a health care benefit as a result of being eligible under 38 U.S.C. 1315, 1513,                             
10 1521, 1541, and 1542, had the $1,200 increase or payment not been received under (a) or (b)                             
11 of this section.                                                                                                        
12       (d)  Subject to appropriation, the amount necessary for resource rebates to increase                              
13 2008 permanent fund dividends under (a) of this section shall be transferred from the general                           
14 fund to the dividend fund (AS 43.23.045).                                                                               
15       (e)  When issuing checks or pay warrants associated with a direct deposit to residents                            
16 receiving a permanent fund dividend, the commissioner of revenue shall include the following                            
17 statement in bold type: "This payment includes a resource rebate of $1,200, which is a one-                             
18 time payment to qualified Alaskans."                                                                                    
19    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
20 read:                                                                                                                   
21       SUSPENSION OF THE MOTOR FUEL TAX. (a) Notwithstanding any other                                                   
22 provision of law, the motor fuel tax imposed under AS 43.40.010 is suspended and may not                                
23 be collected for a period beginning September 1, 2008, and ending August 31, 2009.                                      
24       (b)  Every person subject to AS 43.40.010(c) in the fiscal year that precedes the                                 
25 suspension established in (a) of this section shall submit a monthly report, under penalty of                           
26 unsworn falsification, on a form or in a format prescribed by the Department of Revenue                                 
27 showing all sales or transfers of gasoline, diesel, and aviation fuel during the month. The                             
28 department may require that invoices be attached to the report supporting all sales and                                 
29 transfers of gasoline, diesel, and aviation fuel in the state. The report is due to the Department                      
30 of Revenue on the last day of the month following the month in which sales or transfers of                              
31 gasoline, diesel, or aviation fuel were made. The Department of Revenue may assess a penalty                            
01 of up to $5,000 against any person that fails to file a monthly report or provide the supporting                        
02 invoices as required by this subsection.                                                                                
03       (c)  The Department of Revenue may adopt regulations under AS 44.62 to implement                                  
04 this section.                                                                                                           
05    * Sec. 7. Sections 9 and 11, ch. 31, SLA 2008, are repealed.                                                       
06    * Sec. 8. Section 6(a) of this Act is repealed August 31, 2009.                                                    
07    * Sec. 9. Sections 6(b) and (c) of this Act are repealed October 1, 2009.                                          
08    * Sec. 10. Section 2 of this Act takes effect October 1, 2008.                                                     
09    * Sec. 11. Section 3 of this Act takes effect June 30, 2009.                                                       
10    * Sec. 12. Except as provided in secs. 10 and 11 of this Act, this Act takes effect                                
11 immediately under AS 01.10.070(c).