Legislature(1993 - 1994)
1993-05-07 Senate Journal
Full Journal pdf1993-05-07 Senate Journal Page 2151 SB 106 (4) "power project" or "project" means a plant, works, system, or facility, together with related or necessary facilities and appurtenances, including a divided or undivided interest in or a right to the capacity of a power project or project, that is used or is useful for the purpose of (A) electrical or thermal energy production other than nuclear energy production; (B) waste energy utilization and energy conservation; or (C) transmission, purchase, sale, exchange, and interchange of electrical or thermal energy, including district heating or interties; (5) "reconnaissance study" means a study conducted to assess the present and future electrical and thermal energy needs of an area. * Sec. 6. AS 44.47.050 is amended to read: (a) The department may (1) advise and assist local governments; (2) serve as staff for the Local Boundary Commission; (3) conduct studies and carry out experimental and pilot projects for the purpose of developing solutions to community and regional problems; (4) promote cooperative solutions to problems affecting more than one community or region, including joint service agreements, regional compacts, and other forms of cooperation; (5) serve as a clearinghouse for information useful in solution of community and regional problems, and channel to the appropriate authority requests for information and services; (6) advise and assist community and regional governments on matters of finance, including but not limited to bond marketing and procurement of federal funds; 1993-05-07 Senate Journal Page 2152 SB 106 (7) prepare suggested guidelines relating to the content of notice of bond sale advertisements, prospectuses, and other bonding matters issued by local governments; (8) administer state funds appropriated for the benefit of unorganized regions within the state, allowing for maximum participation by local advisory councils and similar bodies; (9) carry out those administrative functions in the unorganized borough that the legislature may prescribe; (10) study existing and proposed laws and state activities that affect community and regional affairs and submit to the governor recommended changes in those laws and activities; (11) coordinate activities of the state that affect community and regional affairs; (12) assist in the development of new communities and serve as the agent of the state for purposes of participation in federal programs relating to new communities; (13) supervise planning, management, and other activities required for local eligibility for financial aid under those federal and state programs that [WHICH] provide assistance to community and regional governments; (14) administer state and, as appropriate, federal programs for revenue sharing, grants, and other forms of financial assistance to community and regional governments; (15) provide staff assistance, as requested, to the Rural Affairs Commission; (16) apply for, receive, and use funds from federal and other sources, public or private, for use in carrying out the powers and duties of the department; 1993-05-07 Senate Journal Page 2153 SB 106 (17) request and utilize the resources of other agencies of state government in carrying out the purposes of this chapter to the extent such utilization is more efficient than maintaining departmental staff, reimbursing the other agencies when appropriate; (18) [REPEALED (19)] advise and assist municipalities on procedures of assessment, valuation, and taxation, and notify municipalities of major errors in those procedures; (19) carry out the powers and duties assigned it under AS42.45; (20) carry out other functions and duties, consistent with law, necessary or appropriate to accomplish the purpose of this chapter. * Sec. 7. AS 44.83.030 is repealed and reenacted to read: Sec. 44.83.030. MEMBERSHIP OF THE AUTHORITY. The directors of the Alaska Energy Authority are the members of the Alaska Industrial Development and Export Authority. * Sec. 8. AS 44.83.040(a) is amended to read: (a) The chair and vice-chair of the Alaska Industrial Development and Export Authority shall serve as officers of the Alaska Energy Authority [DIRECTORS SHALL ELECT ONE OF THEIR NUMBER AS CHAIRMAN AND MAY ELECT OTHER OFFICERS THEY DETERMINE DESIRABLE]. The powers of the Alaska Energy Authority [AUTHORITY] are vested in the directors, and three [FOUR] directors of the authority constitute a quorum. Action may be taken and motions and resolutions adopted by the Alaska Energy Authority [AUTHORITY] at a meeting by the affirmative vote of a majority of the directors. The directors of the Alaska Energy Authority [AUTHORITY] serve without compensation, but they shall receive the same travel pay and per diem as provided by law for board members under AS39.20.180. 1993-05-07 Senate Journal Page 2154 SB 106 * Sec. 9. AS 44.83.070 is amended to read: Sec. 44.83.070. PURPOSE OF THE AUTHORITY. The purpose of the authority is to promote, develop, and advance the general prosperity and economic welfare of the people of the state by providing a means of [CONSTRUCTING, ACQUIRING,] financing and operating power projects and facilities that recover and use waste energy. * Sec. 10. AS 44.83.080 is amended to read: Sec. 44.83.080. POWERS OF THE AUTHORITY. In furtherance of its corporate purposes, the authority has the following powers in addition to its other powers: (1) to sue and be sued; (2) to have a seal and alter it at pleasure; (3) to make and alter bylaws for its organization and internal management; (4) to adopt regulations governing the exercise of its corporate powers; (5) to [ACQUIRE, WHETHER BY CONSTRUCTION, PURCHASE, GIFT OR LEASE, AND TO] improve, equip, operate, and maintain power projects; (6) to issue bonds to carry out any of its corporate purposes and powers, including [THE ACQUISITION OR CONSTRUCTION OF A PROJECT TO BE OWNED OR LEASED, AS LESSOR OR LESSEE, BY THE AUTHORITY, OR BY ANOTHER PERSON, OR THE ACQUISITION OF ANY INTEREST IN A PROJECT OR ANY RIGHT TO CAPACITY OF A PROJECT,] the establishment or increase of reserves to secure or to pay the bonds or interest on them, and the payment of all other costs or expenses of the authority incident to and necessary or convenient to carry out its corporate purposes and powers; 1993-05-07 Senate Journal Page 2155 SB 106 (7) to sell, lease as lessor or lessee, exchange, donate, convey, or encumber in any manner by mortgage or by creation of any other security interest, real or personal property owned by it, or in which it has an interest, when, in the judgment of the authority, the action is in furtherance of its corporate purposes; (8) to accept gifts, grants, or loans from, and enter into contracts or other transactions regarding them, with any person; (9) to deposit or invest its funds, subject to agreements with bondholders; (10) to enter into contracts with the United States or any person and, subject to the laws of the United States and subject to concurrence of the legislature, with a foreign country or its agencies, for the financing, [CONSTRUCTION, ACQUISITION,] operation, and maintenance of all or any part of a power project, either inside or outside the state, and for the sale or transmission of power from a project or any right to the capacity of it or for the security of any bonds of the authority issued or to be issued for the project; (11) to enter into contracts with any person and with the United States, and, subject to the laws of the United States and subject to the concurrence of the legislature, with a foreign country or its agencies for the purchase, sale, exchange, transmission, or use of power from a project, or any right to the capacity of it; (12) to apply to the appropriate agencies of the state, the United States, and to a foreign country and any other proper agency for the permits, licenses, or approvals as may be necessary, and to [CONSTRUCT,] maintain and operate power projects in accordance with the licenses or permits, and to obtain, hold, and use the licenses and permits in the same manner as any other person or operating unit; 1993-05-07 Senate Journal Page 2156 SB 106 (13) [TO PERFORM RECONNAISSANCE STUDIES, FEASIBILITY STUDIES, AND ENGINEERING AND DESIGN WITH RESPECT TO POWER PROJECTS; (14)] to enter into contracts or agreements with respect to the exercise of any of its powers, and do all things necessary or convenient to carry out its corporate purposes and exercise the powers granted in this chapter; (14) [(15) TO EXERCISE THE POWER OF EMINENT DOMAIN IN ACCORDANCE WITH AS09.55.240 - 09.55.460; (16)] to recommend to the legislature (A) [THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE TO FINANCE THE CONSTRUCTION OF A POWER PROJECT IF THE AUTHORITY FIRST DETERMINES THAT THE PROJECT CANNOT BE FINANCED BY REVENUE BONDS OF THE AUTHORITY AT REASONABLE RATES OF INTEREST; (B)] the pledge of the credit of the state to guarantee repayment of all or any portion of revenue bonds issued to assist in construction of power projects; (B) [(C)] an appropriation from the general fund (i) for debt service on bonds or other project purposes; or (ii) to reduce the amount of debt financing for the project; [(D) AN APPROPRIATION TO THE POWER PROJECT FUND FOR A POWER PROJECT; (E) REPEALED (F) DEVELOPMENT OF A PROJECT UNDER FINANCING 1993-05-07 Senate Journal Page 2157 SB 106 ARRANGEMENTS WITH OTHER ENTITIES USING LEVERAGED LEASES OR OTHER FINANCING METHODS; (G) AN APPROPRIATION FOR A POWER PROJECT ACQUIRED OR CONSTRUCTED UNDER AS44.83.380 - 44.83.425 (ENERGY PROGRAM FOR ALASKA)]. * Sec. 11. AS 44.83.090(a) is amended to read: (a) The authority shall, in addition to the other methods that [WHICH] it may find advantageous, provide a method by which municipal electric, rural electric, cooperative electric, or private electric utilities and regional electric authorities, or other persons authorized by law to engage in the distribution of electricity may secure a reasonable share of the power generated by a project, or any interest in a project, or for any right to the power and shall sell the power or cause the power to be sold at the lowest reasonable prices that [WHICH] cover the full cost of the electricity or services, including capital and operating costs, debt coverage as considered appropriate by the authority, and other charges that may be authorized by this chapter. Except for a contract or lease entered into under former AS44.83.380 - 44.83.425, a contract or lease for the sale, transmission, and distribution of power generated by a project or any right to the capacity of it shall provide: (1) for payment of all operating and maintenance expenses of a project and costs of renewals, replacements, and improvements of it; (2) for interest on and amortization charges sufficient to retire bonds of the authority issued for the project and reserves for them, plus a debt service coverage factor as may be determined by the authority to be necessary for the marketability of its bonds; (3) for monitoring of the project by the authority or its agents; 1993-05-07 Senate Journal Page 2158 SB 106 (4) for full and complete disclosure to the authority of all factors of costs in the transmission and distribution of power, so that rates to any persons may be fixed initially in the contract or lease and may be adjusted from time to time on the basis of true cost data; (5) for periodic revisions of the service and rates to persons on the basis of accurate cost data obtained by the accounting methods and systems approved by the directors and in furtherance and effectuation of the policy declared in this chapter; (6) for the cancellation and termination of a contract or lease upon violation of its terms by any person; (7) for security for performance as the authority may consider practicable and advisable, including provisions assuring the continuance of the distribution and transmission of power generated by a project and the use of its facilities for these purposes; and (8) other terms not inconsistent with the provisions and policy of this chapter as the authority may consider advisable. * Sec. 12. AS 44.83.110(b) is amended to read: (b) Notwithstanding any other provisions of this chapter, the trust indenture, trust agreement, secured loan agreement, or other instrument or the resolution constituting a contract with bondholders shall contain a covenant by the authority that it will at all times maintain rates, fees, or charges sufficient to pay, and that a contract entered into by the authority for the sale, transmission, or distribution of power shall contain rates, fees, or charges sufficient to pay the costs of operation and maintenance of the project, the principal of and interest on bonds issued under the trust agreement as the same severally become due and payable, to provide for debt service coverage as considered necessary by the authority for the marketing of its bonds and to provide for renewals, replacements, and improvements of the 1993-05-07 Senate Journal Page 2159 SB 106 project, and to maintain reserves required by the terms of the trust agreement. This subsection does not require a covenant that varies from a covenant entered into in accordance with the provisions of former AS44.83.380 - 44.83.425. * Sec. 13. AS 44.83.382(a) is amended to read: (a) A power development fund is established in the Alaska Energy Authority to carry out the purposes of former AS44.83.380 - 44.83.425. * Sec. 14. AS 44.83.384(a) is amended to read: (a) The fund may be used by the authority to provide money for (1) [RECONNAISSANCE AND FEASIBILITY STUDIES AND POWER PROJECT FINANCE PLANS PREPARED UNDER AS44.83.177 - 44.83.181; (2) THE COST OF A POWER PROJECT, INCLUDING BUT NOT LIMITED TO COSTS OF ACQUIRING NECESSARY LICENSES, PREPARING ENGINEERING DESIGNS, OBTAINING LAND, AND CONSTRUCTING THE POWER PROJECT; (3)] the defeasance of bonds, or the payment of debt service on loans for or on an issue of bonds sold in connection with a power project constructed or acquired before the effective date of this section; (2) [(4)] the cost of operating and maintaining power projects constructed or acquired before the effective date of this section; and (3) [(5)] debt service on power projects constructed or acquired before the effective date of this section. * Sec. 15. AS 44.83.388(a) is amended to read: (a) The authority shall maintain records of power project allocations from the fund for each power project (1) approved in accordance with former AS44.83.185; and 1993-05-07 Senate Journal Page 2160 SB 106 (2) for which an allocation is made from an appropriation made by the legislature without specifying an appropriation to a project. * Sec. 16. AS 44.83.396(a) is amended to read: (a) A power project that was [IS] acquired or constructed as part of the former energy program for Alaska is owned, and shall be administered, by the authority. * Sec. 17. AS 44.83.398(a) is amended to read: (a) The authority shall sell power produced from power projects acquired or constructed under the former energy program for Alaska. For purposes of this section, Tyee Lake, Swan Lake, Solomon Gulch, and Terror Lake hydroelectric facilities are considered to be one power project. This power project is referred to as the initial project. * Sec. 18. AS 44.83.398(f) is amended to read: (f) The provisions of (b) of this section do not apply to an intertie that is authorized as a separate project under former AS44.83.380. The authority shall establish and maintain separate power rate schedules applicable to each intertie that it has acquired or constructed as a separate power project under the energy program for Alaska. The power rate schedules shall produce sufficient revenue from utilities connected by the intertie to pay (1) operation, maintenance, and equipment replacement costs of the intertie; (2) debt service of the intertie; and (3) safety inspections and investigations of the intertie by the authority. If the authority determines that an intertie has ceased to function as a separate project and has become a part of one or more other power projects as a transmission line, the power rate schedules established under this subsection shall be terminated and a wholesale power rate applicable to the former intertie shall be calculated under (b) of this section for the project or projects of which it has become a part. * Sec. 19. AS 44.83.510(a) is amended to read: 1993-05-07 Senate Journal Page 2161 SB 106 (a) [THE AUTHORITY MAY BORROW FROM THE FUND FOR THE PURPOSE OF FINANCING A POWER PROJECT ACQUIRED OR CONSTRUCTED BY THE AUTHORITY UNDER THE ENERGY PROGRAM FOR ALASKA (AS44.83.380 - 44.83.425).] Repayment of a loan from the former power development revolving loan fund must be made with the proceeds from the sale of power from projects in the former energy program for Alaska. Except as provided in AS44.83.398(i), the payments required to be made by the authority on a loan from the fund constitute debt service for the purpose of calculating the wholesale power rate in AS44.83.398(b)(1). * Sec. 20. AS 44.83.530 is amended to read: Sec. 44.83.530. DEFINITIONS. In AS44.83.500 - 44.83.530, (1) "fund" means the former power development revolving loan fund; and (2) "power project" means a project acquired or constructed under the former energy program for Alaska, AS44.83.380 - 44.83.425. * Sec. 21. AS 44.83.930(a) is amended to read: (a) When a project is operated by the authority, the authority shall enter into one or more contracts for the sale of electrical power, energy, transmission capacity, or service from the project. Unless the contract is entered into under former AS44.83.380 - 44.83.425, a contract entered into under this section must meet all requirements of AS44.83.090. * Sec. 22. AS 44.83.990(3) is amended to read: (3) "feasibility study" (A) means a study conducted for the purpose of establishing the economic and environmental practicality of completing a proposed power project under former AS44.83.181; 1993-05-07 Senate Journal Page 2162 SB 106 (B) includes engineering and design work to meet the requirements for submission of a license application for a proposed new project to the Federal Energy Regulatory Commission; * Sec. 23. AS 44.88.155(d) is amended to read: (d) A loan participation purchased by the authority with assets of the enterprise development account or with proceeds of bonds secured by assets of the enterprise development account (1) may not exceed $10,000,000; however, in the case of a loan participation for a power transmission intertie, the loan participation may exceed $10,000,000 with legislative approval; (2) may not be purchased unless (A) the project applicant is not, or, if the applicant is not a single proprietorship, all members of the business enterprise or enterprises constituting the project applicant are not, in default on another loan made by the state or by a public corporation of the state; and (B) at least 20 percent of the principal amount of the loan is retained by the loan originator; (3) may not be purchased if the loan to be purchased exceeds the cost of the project or 75 percent of the appraised value of the project, whichever is less, unless the amount of the loan in excess of this limit is federally insured or guaranteed or is insured by a qualified mortgage insurance company; (4) may not be purchased if the participation in the loan to be purchased is for a term longer than three-quarters of the authority's estimate of the life of the project or 25 years from the date the loan is made, whichever is earlier; however, in the case of a loan participation for a power transmission intertie, the term may not be longer than 50 years from the date the loan is made; 1993-05-07 Senate Journal Page 2163 SB 106 (5) may be made only if the participation in the loan to be purchased contains amortization provisions; the amortization provisions (A) must be complete and satisfactory to the authority and require periodic payments by the borrower; (B) may allow the loan originator to amortize the portion of the loan retained by the loan originator using a shorter amortization schedule than the amortization schedule for the portion of the loan held by the authority if (i) in the authority's opinion, the project financed can support the increased debt service; and (ii) the accelerated amortization schedule is required to induce the originator to make the loan; (6) may be made only if the participation in the loan to be purchased is in the form and contains the terms and provisions with respect to insurance, repairs, alterations, payment of taxes and assessments, default reserves, delinquency charges, default remedies, acceleration of maturity, secondary liens, and other matters the authority prescribes; and (7) may be made only if the participation in the loan to be purchased is secured as to repayment by a mortgage or other security instrument in the manner the authority determines is feasible to assure timely repayment under a loan agreement entered into with the borrower. * Sec. 24. AS 44.88.155(g) is amended to read: (g) Notwithstanding any other provision of this section, the authority may waive or modify the requirements of this section as it considers appropriate and prudent in order to finance a project if the authority intends to own the project or in order to finance a power transmission intertie project. * Sec. 25. AS 44.88.900(10) is amended to read: 1993-05-07 Senate Journal Page 2164 SB 106 (10) "project" means (A) a plant or facility used or intended for use in connection with making, processing, preparing, transporting, or producing in any manner, goods, products, or substances of any kind or nature or in connection with developing or utilizing a natural resource, or extracting, smelting, transporting, converting, assembling, or producing in any manner, minerals, raw materials, chemicals, compounds, alloys, fibers, commodities and materials, products, or substances of any kind or nature; (B) a plant or facility used or intended for use in connection with a business enterprise; (C) commercial activity by a small enterprise; (D) a plant or facility demonstrating technological advances of new methods and procedures and prototype commercial applications for the exploration, development, production, transportation, conversion, and use of energy resources; (E) infrastructure for a new tourism destination facility or for the expansion of a tourism destination facility; (F) a plant or facility, other than a plant or facility described in (D) of this paragraph, for the generation, transmission, development, transportation, conversion, or use of energy resources; * Sec. 26. AS39.50.200(b)(46) and AS44.83.045 are repealed. * Sec. 27. AS39.50.200(b)(46); AS44.83.010, 44.83.105, 44.83.162, 44.83.163, 44.83.164, 44.83.165, 44.83.170, 44.83.177, 44.83.179, 44.83.181, 44.83.183, 44.83.185, 44.83.187, 44.83.189, 44.83.300, 44.83.310, 44.83.320, 44.83.325, 44.83.330, 44.83.340, 1993-05-07 Senate Journal Page 2165 SB 106 44.83.350, 44.83.360, 44.83.361, 44.83.363, 44.83.370, 44.83.380, 44.83.384(b), 44.83.384(c), 44.83.390, 44.83.392, 44.83.400, 44.83.410, 44.83.500, 44.83.510(b), 44.83.520, 44.83.600, 44.83.605. 44.83.610, 44.83.615, 44.83.620, 44.83.625, 44.83.630, 44.83.650, 44.83.990(8), and 44.83.990(9) are repealed. * Sec. 28. The Alaska Industrial Development and Export Authority may issue bonds to finance the acquisition, design, and construction of a power transmission intertie of at least 138 kilovolts between Healy and Fairbanks and owned, for the benefit of all of the utilities participating in the intertie, by Golden Valley Electric Association, Inc. The principal amount of the bonds may not exceed $60,000,000. * Sec. 29. The Alaska Industrial Development and Export Authority may issue bonds to finance the acquisition, design, and construction of a power transmission intertie of at least 138 kilovolts between Anchorage and the Kenai Peninsula to be owned, for the benefit of all of the utilities participating in the interties, by Chugach Electric Association, Inc. The principal amount of the bonds may not exceed $60,000,000. * Sec. 30. The Alaska Industrial Development and Export Authority may issue bonds to finance the acquisition, design, and construction of a power transmission intertie of at least 115 kilovolts between the Swan Lake and Tyee Lake hydroelectric projects and owned, for the benefit of all of the utilities participating in the intertie, by Ketchikan Public Utilities. The principal amount of the bonds may not exceed $40,000,000. * Sec. 31. The Alaska Industrial Development and Export Authority may issue bonds to finance the acquisition, design, and construction of a power transmission intertie of at least 138 kilovolts between Sutton and Glennallen and owned, for the benefit of all of the utilities participating in the intertie, by Copper Valley Electric Association. The principal amount of the bonds may not exceed $25,000,000. * Sec. 32. APPLICABILITY. The repeal of statutes by sec. 27 of this Act does not affect existing bonds or actions that have been taken under the repealed provisions. 1993-05-07 Senate Journal Page 2166 SB 106 * Sec. 33. TRANSITION. All litigation, hearings, investigations, and other proceedings pending under a law amended or repealed by this Act, or in connection with functions transferred by this Act, continue in effect and may be continued and completed by the Alaska Energy Authority or the Department of Community and Regional Affairs, as appropriate, notwithstanding a transfer or amendment or repeal provided for in this Act. Certificates, orders, and regulations issued or adopted under authority of a law amended or repealed by this Act remain in effect for the term issued, or until revoked, vacated, or otherwise modified under the provisions of this Act. All contracts, rights, liabilities, bonds, notes, or other obligations created by or under a law amended or repealed by this Act, and in effect on the effective date of this Act remain in effect notwithstanding this Act's taking effect. The Department of Community and Regional Affairs shall assume, for those programs and projects transferred to it, the licenses, contracts, rights, liabilities, notes, or other obligations of the former Alaska Energy Authority with the same limitations and provisions as under a license, contract, right, liability, note, or other obligation of the former Alaska Energy Authority. Real property, records, equipment, and other property of the Alaska Energy Authority related to the programs and projects transferred to the department shall be transferred to the Department of Community and Regional Affairs. * Sec. 34. TRANSITIONAL PROVISION CONCERNING EMPLOYEES OF THE ALASKA ENERGY AUTHORITY. When the Department of Community and Regional Affairs determines that continued employment of certain employees of the Alaska Energy Authority is necessary to continue uninterrupted service to programs, facilities, and power projects formerly owned by the Alaska Energy Authority that have been transferred to the department under this Act, the department may continue the employment of those employees. 1993-05-07 Senate Journal Page 2167 SB 106 * Sec. 35. INITIAL TERMS OF LOAN COMMITTEE. Notwithstanding AS42.45.060(b), enacted by sec.5 of this Act, the initial terms of two of the public members of the loan committee established under AS42.45.060 shall be for two years. The remaining two public members shall serve four-year terms as provided in AS42.45.060. * Sec. 36. CONTRACTS WITH PRIVATE SECTOR. The Alaska Energy Authority shall, to the maximum extent feasible, enter into contracts with public utilities and other entities to carry out its duties with respect to the maintenance and operation of power projects owned by the Alaska Energy Authority. * Sec. 37. ORDERLY TRANSFER OF FUNCTIONS. (a) Notwithstanding the effective date of this Act, the governor, the Department of Community and Regional Affairs, the Alaska Energy Authority, and the office of management and budget shall implement this Act in an orderly fashion. The transfer of rural programs operated by the Alaska Energy Authority to the Department of Community and Regional Affairs must be completed no later than September 30, 1993. Until a program is transferred under this section, the Alaska Energy Authority may continue to administer that program under the provisions of former AS44.83, notwithstanding the repeal of AS44.83 in sec. 27 of this Act. (b) The Alaska Energy Authority shall assist the members of the Alaska Industrial Development and Export Authority to prepare for the powers and duties granted to them under this Act. * Sec. 38. In accordance with AS01.10.030, if a provision of this Act, or the application of a provision of this Act to a person or circumstance, is held invalid, the remainder of this Act and the application to other persons or circumstances shall not be affected thereby. * Sec. 39. Sections 7, 8, and 26 of this Act take effect December 31, 1993. * Sec. 40. Except as provided in sec. 39 of this Act, this Act takes effect July1, 1993." 1993-05-07 Senate Journal Page 2168 SB 106 Senator Taylor moved for the adoption of Amendment No. 9. Senator Lincoln objected. Senator Duncan moved that CS FOR SENATE BILL NO. 106(FIN) be returned to the Finance Committee. Senators Taylor, Pearce objected. The question being: "Shall CS FOR SENATE BILL NO. 106(FIN) be returned to the Finance Committee?" The roll was taken with the following result: CSSB 106 (FIN) Second Reading Return to Finance Committee? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the bill was not returned to the Finance Committee. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSSB 106 (FIN) Second Reading Amendment No. 9 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1993-05-07 Senate Journal Page 2169 SB 106 and so, Amendment No. 9 was adopted. CS FOR SENATE BILL NO. 106(FIN) am was automatically in third reading. Senator Adams moved and asked unanimous consent that CS FOR SENATE BILL NO. 106(FIN) am be returned to second reading for the purpose of a specific amendment, that being Amendment No. 10. Senator Kelly objected. The question being: "Shall CS FOR SENATE BILL NO. 106(FIN) am be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSSB 106(FIN) am Return to Second for Specific Amendment YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Leman, Lincoln, Little, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Frank, Halford, Kelly, Miller, Pearce, Phillips and so, the bill was returned to second reading. Senator Adams offered Amendment No. 10 : Page 36, line 3: Delete "September 30" Insert "December 31" Senator Adams moved for the adoption of Amendment No. 10. Senator Kerttula asked unanimous consent. Without objection, Amendment No. 10 was adopted. CS FOR SENATE BILL NO. 106(FIN) am was automatically in third reading. 1993-05-07 Senate Journal Page 2170 SB 106 The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 106(FIN) am "An Act transferring certain projects of and amending and transferring programs of the Alaska Energy Authority to the Department of Community and Regional Affairs; relating to the Alaska Energy Authority; permitting the Alaska Industrial Development and Export Authority to issue revenue bonds for certain plants or facilities for energy resources; permitting utilities to form joint action agencies; authorizing the Alaska Industrial Development and Export Authority to issue revenue bonds for power transmission interties; relating to rates for a public utility that sends or receives power over certain power transmission interties; relating to the power cost equalization and capital improvement fund; amending the purpose of the Railbelt energy fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 106(FIN) AM Third Reading - On Reconsideration YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Lincoln, Zharoff Donley changed from "Nay" to "Yea". Salo changed from "Nay" to "Yea". and so, CS FOR SENATE BILL NO. 106(FIN) am passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Objections were heard. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: 1993-05-07 Senate Journal Page 2171 SB 106 CSSB 106(FIN) AM Effective Dates YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the effective date clauses failed. CS FOR SENATE BILL NO. 106(FIN) am(efd fld) was referred to the Secretary for engrossment.