Legislature(1999 - 2000)
2000-05-02 Senate Journal
Full Journal pdf2000-05-02 Senate Journal Page 3687 HB 446 SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) was before the Senate in third reading on reconsideration. Senator Halford moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Halford offered Amendment No. 1 : Page 1, line 1, following Act: Insert relating to utility ownership and funding; relating to sales, leases, and dispositions of certain telephone cooperative property; 2000-05-02 Senate Journal Page 3688 HB 446 Page 2, following line 19: Insert a new bill section to read: * Sec. 2. AS 10.25.400 is amended by adding a new subsection to read: (e) The requirements of (b) of this section do not apply to the lease, sale, or disposition of the property of a telephone cooperative that has annual gross revenue over $25,000,000 unless a resolution passed by the board of directors of the cooperative provides that the requirements of (b) of this section will apply to the lease, sale, or disposition. Renumber the following bill sections accordingly. Page 12, following line 16: Insert a new bill section to read: * Sec. 17. Section 2 of this Act takes effect immediately under AS 01.10.070(c). Renumber the following bill sections accordingly. Senator Halford moved for the adoption of Amendment No. 1. Senator Green objected. Senators Phillips, Green, Ward, Halford moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senators Phillips, Green, Ward, Halford were required to vote. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 446(FIN) Second Reading - On Reconsideration Amendment No. 1 YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Halford, Hoffman, Kelly Pete, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Taylor, Ward Nays: Donley, Elton, Green, Kelly Tim, Parnell, Torgerson, Wilken 2000-05-02 Senate Journal Page 3689 HB 446 and so, Amendment No. 1 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) am S was automatically in third reading on reconsideration. (Title change authorized by SCR 22) Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Donley offered Amendment No. 2 : Page 1, line 1, following "Act": Insert "relating to power cost equalization;" Page 5, following line 27: Insert a new bill section to read: "* Sec. 7. AS42.45.100(a) is amended to read: (a) The power cost equalization and rural electric capitalization fund is established as a separate fund for the purpose of (1) equalizing power cost per kilowatt-hour statewide at a cost close to or equal to the highest cost per kilowatt-hour charged by a utility in the state that does not receive power cost equalization under AS42.45.100 - 42.45.170 ¦MEAN OF THE COST PER KILOWATT-HOUR IN ANCHORAGE, FAIRBANKS, AND JUNEAU BY PAYING MONEY FROM THE FUND TO ELIGIBLE ELECTRIC UTILITIES IN THE STATEá; and (2) making ¦TO MAKEá grants to eligible utilities under AS42.45.180 to improve the performance of the utility." Renumber the following bill sections accordingly. Page 6, following line 8: Insert a new bill section to read: "* Sec. 9. AS42.45.110(c) is amended to read: 2000-05-02 Senate Journal Page 3690 HB 446 (c) The amount of power cost equalization provided per kilowatt-hour under ¦SUBSECTIONá (b) of this section may not exceed 95 percent of the power costs, or the average rate per eligible kilowatt-hour sold, whichever is less, as determined by the commission. However, (1) during the state fiscal year that began July 1, 1999, the power costs for which power cost equalization were paid to an electric utility were limited to minimum power costs of more than 12 cents per kilowatt- hour and less than 52.5 cents per kilowatt-hour; (2) during each following state fiscal year, the commission shall adjust the power costs for which power cost equalization may be paid to an electric utility based on the highest cost per kilowatt-hour charged by a utility in the state that does not receive power cost equalization under AS42.45.100 - 42.45.170 ¦WEIGHTED AVERAGE RETAIL RESIDENTIAL RATE IN ANCHORAGE, FAIRBANKS, AND JUNEAUá; however, the commission may not adjust the power costs under this paragraph to reduce the amount below the lower limit set out in (1) of this subsection; and (3) the power cost equalization per kilowatt-hour may be determined for a utility without historical kilowatt-hour sales data by using kilowatt-hours generated." Renumber the following bill sections accordingly. Page 9, line 17: Delete "sec. 14(d)" Insert "sec. 16(d)" Page 10, line 31: Delete "sec. 9" Insert "sec. 11" Page 12, line 6: Delete "sec. 14(d)" Insert "sec. 16(d)" 2000-05-02 Senate Journal Page 3691 HB 446 Page 12, line 10: Delete "Sections 10 and 12" Insert "Sections 12 and 14" Page 12, line 12: Delete "sec. 9" Insert "sec. 11" Page 12, line 15: Delete "sec. 14(d)" Insert "sec. 16(d)" Page 12, line 17: Delete "sec. 15" Insert "sec. 17" Page 12, line 19: Delete "sec. 15" Insert "sec. 17" Page 12, line 22: Delete "sec. 14(d)" Insert "sec. 16(d)" Page 12, line 24: Delete "secs. 10 and 12" Insert "secs 12 and 14" Delete "sec. 16" Insert "sec. 18" Page 12, line 29: Delete "sec. 14(d)" Insert "sec. 16(d)" Page 12, line 31: Delete "secs. 17 and 18" Insert "secs. 19 and 20" Senator Donley moved for the adoption of Amendment No. 2. Objections were heard. 2000-05-02 Senate Journal Page 3692 HB 446 The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CSHB 446(FIN) am S Second Reading - On Reconsideration Amendment No. 2 YEAS: 3 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Phillips Nays: Adams, Ellis, Elton, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 2 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) am S was automatically in third reading on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) am S An Act relating to utility ownership and funding; relating to sales, leases, and dispositions of certain telephone cooperative property; establishing and relating to the power cost equalization endowment fund; relating to the power cost equalization and rural electric capitalization fund; relating to the Railbelt energy fund; authorizing and relating to the sale of the four dam pool hydroelectric project; establishing and relating to joint action agencies created to purchase power projects; and providing for an effective date pass the Senate? The roll was taken with the following result: 2000-05-02 Senate Journal Page 3693 HB 446 SCS CSHB 446(FIN) am S Third Reading - On Reconsideration Effective Dates YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Donley, Green, Phillips and so, SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) am S passed the Senate on reconsideration. Senator Mackie moved and asked unanimous consent that the vote on reconsideration be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.