Legislature(1999 - 2000)

2000-05-02 Senate Journal

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2000-05-02                     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.