Legislature(2007 - 2008)

2008-08-06 House Journal

Full Journal pdf

2008-08-06                     House Journal                      Page 3333
SB 4002                                                                                                                       
The following, which was advanced to third reading from the                                                                     
August 5, 2008, calendar (page 3319), was read the third time:                                                                  
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 4002(FIN)                                                                              
     "An Act amending the bulk fuel bridge loan fund and the bulk fuel                                                          
     revolving loan fund; 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."                                                                                                           
                                                                                                                                
Representative Meyer moved and asked unanimous consent that                                                                     
HCS CSSB 4002(FIN) be returned to second reading for the specific                                                               
purpose of considering Amendment No. 1.  There being no objection,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
The Speaker stated that, without objection, HCS CSSB 4002(FIN)                                                                  
would be returned to second reading for all amendments.                                                                         
                                                                                                                                
Amendment No. 1 was offered by Representatives Meyer, Gruenberg,                                                                
Chenault, and Kerttula:                                                                                                         
                                                                                                                                
Page 3, following line 10:                                                                                                      
     Insert a new subsection to read:                                                                                           
     "(e)  When issuing checks or pay warrants associated with a direct                                                         
deposit to residents receiving a permanent fund dividend, the                                                                   
commissioner of revenue shall include the following statement in bold                                                           
type: "This payment includes a resource rebate of $1,200, which is a                                                            
one-time payment to qualified Alaskans.""                                                                                       
                                                                                                                                
Representative Meyer moved and asked unanimous consent that                                                                     
Amendment No. 1 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                

2008-08-06                     House Journal                      Page 3334
Amendment No. 2 was offered by Representatives Gardner, Doll, and                                                               
Cissna:                                                                                                                         
                                                                                                                                
Page 3, line 1, following "(b)":                                                                                                
     Insert "or (d)"                                                                                                            
                                                                                                                                
Page 3, following line 7:                                                                                                       
     Insert a new subsection to read:                                                                                           
     "(d)  An individual who did not apply for the 2008 permanent                                                               
fund dividend may apply to the Department of Revenue for a $1,200                                                               
Alaska resource rebate payment for 2008.  The individual shall apply                                                            
on a form provided by the department not later than October 1, 2008,                                                            
and shall demonstrate that the individual would have been eligible to                                                           
receive a 2008 permanent fund dividend under AS 43.23, except that                                                              
the individual did not apply for that dividend. Except as provided in                                                           
this subsection, all laws that apply to 2008 permanent fund dividends                                                           
apply to payments under this subsection to the extent possible."                                                                
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Representative Gardner moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Meyer objected.                                                                                                  
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 4002(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  22   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara,                                                                      
Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula,                                                                     
Nelson, Salmon                                                                                                                  
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Fairclough, Foster, Gatto,                                                                 
Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer,                                                                  
Neuman, Olson, Ramras, Roses, Seaton, Stoltze, Thomas, Wilson                                                                   
                                                                                                                                

2008-08-06                     House Journal                      Page 3335
Excused:  Joule, LeDoux, Samuels                                                                                                
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered by Representatives Nelson, Doll,                                                                    
Kerttula, Guttenberg, Doogan, and Buch:                                                                                         
                                                                                                                                
Page 1, line 1, following "fund;" (title amendment):                                                                          
     Insert "relating to power cost equalization;"                                                                            
                                                                                                                                
Page 1, following line 11:                                                                                                      
     Insert new bill sections to read:                                                                                          
   "* Sec. 2. AS 42.45.110(c) is amended to read:                                                                             
      (c) The amount of power cost equalization provided for each                                                           
     [PER] kilowatt-hour under subsection (b) of this section may not                                                           
     exceed 95 percent of the power costs, or the average rate for each                                                     
     [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 a [PER] kilowatt-hour and less than $1.15 a [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                                                               
     weighted average retail residential rate in Anchorage, Fairbanks,                                                          
     and Juneau; 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 for each [PER] kilowatt-                                                             
     hour may be determined for a utility without historical kilowatt-                                                          
     hour sales data by using kilowatt-hours generated.                                                                         
   * Sec. 3. AS 42.45.110(c), as amended by sec. 2 of this Act, is                                                            
amended to read:                                                                                                                
      (c) The amount of power cost equalization provided for each                                                               
     kilowatt-hour under subsection (b) of this section may not exceed                                                          
     95 percent of the power costs, or the average rate for each eligible                                                       
     kilowatt-hour sold, whichever is less, as determined by the                                                                
     commission. However,                                                                                                       

2008-08-06                     House Journal                      Page 3336
       (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 a kilowatt-hour and less than 52.5 cents [$1.15] a                                                            
     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                                                               
     weighted average retail residential rate in Anchorage, Fairbanks,                                                          
     and Juneau; 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 for each 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 3, line 29:                                                                                                                
     Delete "Section 4(a)"                                                                                                      
     Insert "Section 6(a)"                                                                                                      
                                                                                                                                
Page 3, line 30:                                                                                                                
     Delete "Section 4(b) and (c)"                                                                                              
     Insert "Section 6(b) and (c)"                                                                                              
                                                                                                                                
Page 3, following line 30:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 10. Section 3 of this Act takes effect June 30, 2010."                                                             
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 3, line 31:                                                                                                                
     Delete "This"                                                                                                              
     Insert "Except as provided in sec. 10 of this Act, this"                                                                   
                                                                                                                                
Representative Nelson moved and asked unanimous consent that                                                                    
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Meyer objected.                                                                                                  
                                                                                                                                

2008-08-06                     House Journal                      Page 3337
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 4002(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  20   EXCUSED:  3   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara,                                                                      
Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula,                                                                     
Nelson, Salmon, Thomas                                                                                                          
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Fairclough, Gatto, Harris,                                                                 
Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer, Neuman,                                                                  
Olson, Ramras, Roses, Seaton, Stoltze, Wilson                                                                                   
                                                                                                                                
Excused:  Joule, LeDoux, Samuels                                                                                                
                                                                                                                                
Absent:  Foster                                                                                                                 
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered by Representatives Gara, Kerttula,                                                                  
Nelson, Edgmon, Doll, Buch, Doogan, and Guttenberg:                                                                             
                                                                                                                                
Page 1, line 1, following "fund;" (title amendment):                                                                          
     Insert "relating to heating assistance;"                                                                                 
                                                                                                                                
Page 3, following line 27:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 5. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
     STATE IMPLEMENTATION OF THE FEDERAL LOW-                                                                                   
INCOME HEATING AND ENERGY ASSISTANCE PROGRAM.                                                                                   
(a) This section applies to heating assistance payments authorized to                                                           
persons under 7 AAC 44, adopted under the authority of                                                                          
AS 47.05.010.                                                                                                                   
     (b)  Notwithstanding another provision of law, for the period                                                              
beginning October 1, 2008, and ending June 30, 2011, to supplement                                                              
provisions of the federal low-income home energy assistance program                                                             
provided under 42 U.S.C. 8621 - 8629 (Low-Income Home Energy                                                                    
Assistance Act of 1981), as amended, subject to legislative                                                                     

2008-08-06                     House Journal                      Page 3338
appropriation of state general funds for the purpose, the Department of                                                         
Health and Social Services shall increase the amount of a heating                                                               
assistance payment.                                                                                                             
     (c)  Amounts payable under this section shall be calculated by                                                             
application of the assistance formula set out in 7 AAC 44.080, as those                                                         
provisions read on the effective date of this section, and shall be made                                                        
from the appropriation described in (b) of this section. The dollar                                                             
value of a community heating cost point under 7 AAC 44.080 may not                                                              
exceed $170.                                                                                                                    
   * Sec. 6. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     STATE IMPLEMENTATION OF THE ALASKA HEATING                                                                                 
ASSISTANCE PROGRAM. For the period beginning October 1,                                                                         
2008, and ending June 30, 2011, amounts payable under AS 47.25.621                                                              
- 47.25.625 shall be calculated by application of the assistance formula                                                        
set out in 7 AAC 44.080, as those provisions read on the effective date                                                         
of this section, and the dollar value of a community heating cost point                                                         
under 7 AAC 44.080 may not exceed $170."                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Hawker objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 4002(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  22   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara,                                                                      
Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula,                                                                     
Nelson, Salmon                                                                                                                  
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Fairclough, Foster, Gatto,                                                                 
Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer,                                                                  
Neuman, Olson, Ramras, Roses, Seaton, Stoltze, Thomas, Wilson                                                                   
                                                                                                                                

2008-08-06                     House Journal                      Page 3339
Excused:  Joule, LeDoux, Samuels                                                                                                
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was offered by Representatives Ramras,                                                                          
Guttenberg, and Kawasaki:                                                                                                       
                                                                                                                                
Page 1, line 1, following "fund;" (title amendment):                                                                          
     Insert "creating the alternative energy grant fund and                                                                   
describing its uses and purposes; establishing an alternative                                                                 
energy grant recommendation program;"                                                                                         
                                                                                                                                
Page 1, following line 6:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. The uncodified law of the State of Alaska is amended                                                            
by adding a new section to read:                                                                                                
     LEGISLATIVE FINDINGS AND INTENT. (a) For sec. 3 of this                                                                    
Act, the legislature finds that                                                                                                 
         (1)  an adequate, reliable, reasonably priced, and safe supply                                                         
of energy is necessary for Alaska's basic infrastructure and economic                                                           
and technological development;                                                                                                  
         (2)  Alaska possesses vast amounts of alternative energy                                                               
resources such as coal, coal bed methane, and methane hydrates;                                                                 
         (3)  the cost of fuels such as natural gas and diesel that                                                             
Alaskans rely on in large part to generate electric power is steadily                                                           
rising;                                                                                                                         
         (4)  residents of rural Alaska pay far more for electricity than                                                       
residents who live on the Railbelt energy grid;                                                                                 
         (5)  other states and nations are working successfully to                                                              
develop their alternative energy resources;                                                                                     
         (6)  the continued competitiveness and stability of the state's                                                        
economy requires that the legislature consider national trends toward                                                           
alternative energy development;                                                                                                 
         (7)  alternative energy development promotes industry and                                                              
creates jobs;                                                                                                                   
         (8)  clean alternative energy has many environmental and                                                               
health benefits;                                                                                                                
         (9)  locally produced alternative energy has many security                                                             
benefits;                                                                                                                       
         (10)  modern, affordable, and efficient alternative energy                                                             
technologies now exist; and                                                                                                     

2008-08-06                     House Journal                      Page 3340
         (11)  it is in the interest of the public for Alaska to develop its                                                    
alternative energy resources.                                                                                                   
     (b)  It is the intent of the legislature that, for each of the next five                                                   
years, $10,000,000 in capital funds be appropriated to fund alternative                                                         
energy projects recommended by the Alaska Energy Authority as                                                                   
described in sec. 3 of this Act and renewable energy projects under                                                             
AS 42.45.045."                                                                                                                  
                                                                                                                                
Page 1, line 7:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                
Page 1, following line 11:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 3. AS 42.45 is amended by adding a new section to read:                                                               
         Sec. 42.45.055. Alternative energy grant fund and                                                                    
     recommendation program. (a) An alternative energy grant fund                                                             
     is established as a separate fund to finance certain alternative                                                           
     energy projects in the state.                                                                                              
         (b)  The authority shall administer the fund as a fund distinct                                                        
     from other funds of the authority. The fund consists of                                                                    
              (1)  money appropriated to the fund by the legislature to                                                         
     provide grants for certain alternative energy projects determined                                                          
     by the legislature;                                                                                                        
              (2)  gifts, bequests, contributions from other sources, and                                                       
     federal money;                                                                                                             
               (3)  interest earned on the fund balance; and                                                                   
              (4)  investments to be managed by the Department of                                                               
     Revenue, which shall be the fiduciary of the fund under                                                                    
     AS 37.10.071.                                                                                                              
         (c)  The fund is not a dedicated fund.                                                                                 
         (d)  The authority shall, in consultation with the advisory                                                            
     committee established under AS 42.45.045(i) and the Department                                                             
     of Natural Resources,                                                                                                      
              (1)  develop a methodology for determining the order of                                                           
     projects that may receive assistance, including separate                                                                   
     requirements for grant eligibility, and adopt regulations                                                                  

2008-08-06                     House Journal                      Page 3341
     identifying criteria to evaluate the benefit and feasibility of                                                            
     projects for which an applicant applies for support from the                                                               
     legislature, with the most weight being given to projects that serve                                                       
     any area in which the average cost of energy to each resident of                                                           
     the area exceeds the average cost to each resident of other areas of                                                       
     the state, and with significant weight being given to a statewide                                                          
     balance of grant funds and to the amount of matching funds an                                                              
     applicant is able to make available;                                                                                       
              (2)  make recommendations to the legislature for                                                                  
     alternative energy grants; and                                                                                             
              (3)  not later than 10 days after the first day of each                                                           
     regular legislative session, submit to the legislature a report                                                            
     summarizing and reviewing each grant application submitted                                                                 
     under this section and a recommended priority for awarding                                                                 
     grants.                                                                                                                    
         (e)  In consultation with the advisory committee established in                                                        
     AS 42.45.045(i), the authority shall                                                                                       
              (1)  make recommendations to the legislature regarding                                                            
     eligible applicants' projects that finance feasibility studies,                                                            
     reconnaissance studies, energy resource monitoring, and                                                                    
     construction of alternative energy projects located in Alaska that                                                         
     meet the requirements of (f) of this section; and                                                                          
              (2)  at least once each year, solicit from the advisory                                                           
     committee funding recommendations for all grants.                                                                          
         (f)  For an alternative energy project to qualify for a grant                                                          
     recommendation under (e) of this section, the project must                                                                 
              (1)  be a new project not in operation on the effective date                                                      
     of this section or an addition to an existing project made after the                                                       
     effective date of this section; and                                                                                        
              (2)  be a                                                                                                         
                  (A)  direct use of alternative energy resources;                                                              
                  (B)  facility that generates electricity from fuel cells                                                      
         that use hydrogen from an alternative energy resource or                                                               
         synthetic gas;                                                                                                         
                  (C)  facility that generates energy from alternative                                                          
         energy resources;                                                                                                      
                  (D)  facility that produces fuels from coal, municipal                                                        
         solid waste, or natural gas; or                                                                                        
                  (E)  project that reduces lifecycle carbon footprint                                                          
         emissions.                                                                                                             

2008-08-06                     House Journal                      Page 3342
         (g)  The legislature may appropriate money for grants from                                                             
     the alternative energy grant fund for alternative energy projects                                                          
     described in this section.                                                                                                 
         (h)  In this section,                                                                                                  
              (1) "alternative energy project" means a facility that                                                            
     generates energy for fuel that is less expensive and more efficient                                                        
     than the energy or fuel that was previously used by a community,                                                           
     and does not emit more carbon dioxide than natural gas on a per                                                            
     equivalent BTU basis;                                                                                                      
              (2)  "alternative energy resource" means a resource that,                                                         
     singly or in combination, converts                                                                                         
                  (A)  coal to liquids; or                                                                                      
                  (B)  gas to liquids;                                                                                          
              (3)  "eligible applicant" means an electric utility holding a                                                     
     certificate of public convenience and necessity under AS 42.05,                                                            
     independent power producer, local government, or other                                                                     
     governmental utility, including a tribal council and housing                                                               
     authority;                                                                                                                 
              (4)  "fund" means the alternative energy grant fund."                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, following line 10:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 5. AS 42.45.055 is repealed June 30, 2013.                                                                            
   * Sec. 6. Sections 9 and 11, ch. 31, SLA 2008, are repealed."                                                              
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 28:                                                                                                                
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 29:                                                                                                                
     Delete "Section 4(a)"                                                                                                      
     Insert "Section 8(a)"                                                                                                      
                                                                                                                                
Page 3, line 30:                                                                                                                
     Delete "Section 4(b) and (c)"                                                                                              
     Insert "Section 8(b) and (c)"                                                                                              
                                                                                                                                

2008-08-06                     House Journal                      Page 3343
Representative Ramras moved and asked unanimous consent that                                                                    
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Doogan objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 4002(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  7   NAYS:  29   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Crawford, Doll, Edgmon, Gruenberg, Guttenberg, Kawasaki,                                                                 
Ramras                                                                                                                          
                                                                                                                                
Nays:  Buch, Chenault, Cissna, Coghill, Dahlstrom, Doogan,                                                                      
Fairclough, Foster, Gara, Gardner, Gatto, Harris, Hawker, Holmes,                                                               
Johansen, Johnson, Keller, Kelly, Kerttula, Lynn, Meyer, Neuman,                                                                
Olson, Roses, Salmon, Seaton, Stoltze, Thomas, Wilson                                                                           
                                                                                                                                
Excused:  Joule, LeDoux, Samuels                                                                                                
                                                                                                                                
Absent:  Nelson                                                                                                                 
                                                                                                                                
Gardner changed from "Yea" to "Nay".                                                                                            
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 6 was offered by Representatives Kawasaki,                                                                        
Guttenberg, Doll, and Gara:                                                                                                     
                                                                                                                                
Page 1, line 3, following "tax;" (title amendment):                                                                           
 Insert "relating to emergency energy relief;"                                                                                
                                                                                                                                
Page 3, following line 27:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 5. The uncodified law of the State of Alaska is amended by                                                       
adding a new section to read:                                                                                                   
 EMERGENCY ENERGY RELIEF. (a) The Alaska Energy                                                                                 
Authority shall provide persons with emergency energy relief                                                                    
payments to offset the cost of fuel used for residences.                                                                        

2008-08-06                     House Journal                      Page 3344
 (b)  Subject to (d) of this section, a person may receive an                                                                   
emergency energy relief payment based on the amount that exceeds                                                                
$3.00 a gallon that the person pays for each gallon of heating oil or                                                           
propane delivered September 1, 2008, through March 31, 2009, and                                                                
September 1, 2009, through March 31, 2010, for a building in the state                                                          
that is primarily used for one or more residences. Payments may not                                                             
be made for more than 600 gallons of heating oil or propane used for a                                                          
single family residence during September 1, 2008, through March 31,                                                             
2009, and 600 gallons of heating oil or propane used for a single                                                               
family residence during September 1, 2009, through March 31, 2010.                                                              
Payments may not be made for more than 300 gallons of heating oil or                                                            
propane for each unit in a multifamily building used for that building                                                          
during September 1, 2008, through March 31, 2009, and 300 gallons                                                               
of heating oil or propane for each unit in a multifamily building used                                                          
for that building during September 1, 2009, through March 31, 2010.                                                             
Subject to (d) of this section, a person may receive an emergency                                                               
energy relief payment based on the amount that exceeds $14.00 an                                                                
Mcf that the person pays for each Mcf of natural gas delivered                                                                  
September 1, 2008, through March 31, 2009, and September 1, 2009,                                                               
through March 31, 2010, for a building in the state that is primarily                                                           
used for one or more residences. Payments may not be made for more                                                              
than 100 Mcf of natural gas used for a single family residence during                                                           
September 1, 2008, through March 31, 2009, and 100 Mcf used for a                                                               
single family residence during September 1, 2009, through March 31,                                                             
2010. Payments may not be made for more than 50 Mcf of natural gas                                                              
for each unit in a multifamily building used for that building during                                                           
September 1, 2009, through March 31, 2010, and 50 Mcf for each unit                                                             
in a multifamily building used for that building during September 1,                                                            
2009, through March 31, 2010. A person may not receive a payment                                                                
for more than one type of fuel delivered September 1, 2008, through                                                             
March 31, 2009, or for more than one type of fuel delivered                                                                     
September 1, 2009, through March 31, 2010. A payment may not be                                                                 
made for fuel used for a building owned by a governmental entity. A                                                             
person may apply for and receive more than one emergency energy                                                                 
relief payment. If the authority estimates that appropriations to the                                                           
authority are insufficient to fully fund emergency energy relief, the                                                           
authority may eliminate or reduce the payments on an equitable basis.                                                           
 (c)  The authority                                                                                                             
  (1)  shall administer this section, but may contract for the                                                                  
performance of some or all of those administrative duties; and                                                                  

2008-08-06                     House Journal                      Page 3345
  (2)  may adopt regulations under AS 44.62 to implement this                                                                   
section.                                                                                                                        
 (d)  A person who is an individual is eligible to receive a payment                                                            
under this section only if the individual is a state resident under                                                             
AS 01.10.055. In addition, to receive payment under this section, a                                                             
person shall                                                                                                                    
  (1)  apply, before July 1, 2010, for the payment on a form                                                                    
provided by the authority;                                                                                                      
  (2)  provide, with each application, proof of purchase of fuel                                                                
from a qualified distributor on the list prepared under (e) of this                                                             
section;                                                                                                                        
  (3)  verify that the fuel is used for a building that is primarily                                                            
used for one or more residences, identify the building, and identify the                                                        
number of residential units in the building;                                                                                    
  (4)  verify that the building is not owned by a government                                                                    
entity;                                                                                                                         
  (5)  supply other information that may be required by the                                                                     
authority.                                                                                                                      
 (e)  A business or other entity that supplies fuel for use in                                                                  
residential buildings may apply in a manner required by the authority                                                           
for inclusion on the qualified distributor list prepared and kept updated                                                       
by the authority under this subsection. As a condition of becoming a                                                            
qualified distributor, the business or other entity shall submit a signed                                                       
statement to the authority, under penalty of unsworn falsification, on a                                                        
form or in a format prescribed by the authority, that the business or                                                           
other entity will not increase its price for fuel solely in response to the                                                     
program, and that the business's or other entity's pricing policy will                                                          
remain consistent with prior practices and be based on the same                                                                 
criteria, as though the program were not in place.  The authority may                                                           
audit a qualified distributor's books and records to confirm that the                                                           
statement made under this subsection is complete and accurate. If the                                                           
distributor reasonably believes a delivery of fuel is made to a building                                                        
primarily used for one or more residences, during September 1, 2008,                                                            
through March 31, 2009, or during September 1, 2009, through                                                                    
March 31, 2010, the distributor shall agree to identify the delivery as                                                         
residential on its billing statement. The distributor shall agree to                                                            
submit to the authority its billing statements for purchases of fuel for                                                        
residences and related customer and sales information that may be                                                               
requested by the authority from time to time. The distributor shall                                                             
provide other information required by the authority.                                                                            

2008-08-06                     House Journal                      Page 3346
 (f)  A person aggrieved by a decision of the authority regarding                                                               
the person's eligibility to receive an emergency energy relief payment,                                                         
other than a determination based on insufficient funding for                                                                    
emergency energy relief, may request a hearing before the office of                                                             
administrative hearings established under AS 44.64.                                                                             
 (g)  A person is liable to the state for the value of emergency                                                                
energy relief improperly paid under this section if the improper                                                                
payment was based on inaccurate or false information provided by the                                                            
person. In a civil action brought by the state to recover from the person                                                       
the value of the emergency energy relief improperly paid, the state                                                             
may recover from the person the costs of investigation and prosecution                                                          
of the civil action, including attorney fees as determined under court                                                          
rules.                                                                                                                          
 (h)  In determining the eligibility of an individual under a public                                                            
assistance program administered by the Department of Health and                                                                 
Social Services in which eligibility for assistance is based on financial                                                       
need, the Department of Health and Social Services may not consider                                                             
a payment under this section as income or resources received by the                                                             
individual or by a member of the individual's household unless                                                                  
required to do so by federal law. The Department of Health and Social                                                           
Services shall notify all recipients of public assistance of the effects of                                                     
receiving emergency energy relief.                                                                                              
 (i)  An individual who is denied medical assistance under 42                                                                   
U.S.C. 1396 - 1396v (Title XIX, Social Security Act) solely because                                                             
of the receipt of a payment under this section by the individual or by a                                                        
member of the individual's household is eligible for state-funded                                                               
medical assistance under AS 47.25.120 - 47.25.300 (general relief                                                               
assistance). The individual is entitled to receive, for a period not to                                                         
exceed four months, the same level of medical assistance as the                                                                 
individual would have received under 42 U.S.C. 1396 - 1396v had the                                                             
emergency energy relief not been received.                                                                                      
 (j)  An individual who is denied assistance solely because a                                                                   
payment under this section received by the individual or by a member                                                            
of the individual's household is counted as income or resources under                                                           
federal law is eligible for cash assistance under AS 47.25.120 -                                                                
47.25.300 (general relief assistance). Notwithstanding the limit in                                                             
AS 47.25.130, the individual is entitled to receive, for a period not to                                                        
exceed four months, the same amount as the individual would have                                                                
received under other public assistance programs had the emergency                                                               
energy relief not been received.                                                                                                

2008-08-06                     House Journal                      Page 3347
 (k)  A program that is established before the effective date of this                                                           
section, that is administered by the state or any of its instrumentalities                                                      
or municipalities or by a Native organization under AS 47.27.070,                                                               
47.27.200, or 47.27.300, and for which eligibility is based on financial                                                        
need may not consider a payment under this section as income or                                                                 
resources unless required to do so by federal law.                                                                              
 (l)  A veteran or the spouse or dependent of a living or deceased                                                              
veteran who is denied or receives reduced disability payments solely                                                            
because a payment received under this section by the individual is                                                              
counted as income is eligible for veterans' benefits under                                                                      
AS 47.25.120 - 47.25.300 (general relief assistance). Notwithstanding                                                           
the limit in AS 47.25.130, the veteran or the spouse or dependent of a                                                          
living or deceased veteran is entitled to receive the same amount as the                                                        
individual would have received under 38 U.S.C. 1315, 1513, 1521,                                                                
1541, and 1542 had the emergency energy relief not been received.                                                               
 (m)  Notwithstanding any contrary provision of state law, a                                                                    
payment under this section is exempt from levy, execution,                                                                      
garnishment, or any other remedy for debt collection until after the                                                            
payment has been received by the person. No other exemption applies                                                             
to emergency energy relief payments received under this section.                                                                
 (n)  A form provided by the authority under (d) of this section                                                                
must include a warning that the submission of incomplete or                                                                     
inaccurate information is punishable as unsworn falsification in the                                                            
second degree under AS 11.56.210.                                                                                               
 (o)  A person is guilty of a class A misdemeanor if the person                                                                 
  (1)  uses fuel, payment for which has been partially                                                                          
reimbursed with a payment under this section, for a purpose other than                                                          
use in a building that is primarily used for one or more residences and                                                         
that is not owned by a governmental entity; or                                                                                  
  (2)  resells fuel, payment for which has been partially                                                                       
reimbursed with a payment under this section.                                                                                   
 (p)  In this section,                                                                                                          
  (1)  "authority" means the Alaska Energy Authority created                                                                    
under AS 44.83.020;                                                                                                             
  (2)  "fuel" means heating oil, natural gas, and propane."                                                                     
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, following line 30:                                                                                                      
     Insert a new bill section to read:                                                                                         

2008-08-06                     House Journal                      Page 3348
   "* Sec. 9. Sections 5(a) - (e) and (h) - (n) of this Act are repealed                                                    
September 1, 2010."                                                                                                             
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Kawasaki moved and asked unanimous consent that                                                                  
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Meyer objected.                                                                                                  
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 4002(FIN) am H                                                                                                         
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  22   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara,                                                                      
Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula,                                                                     
Nelson, Salmon                                                                                                                  
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Fairclough, Foster, Gatto,                                                                 
Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer,                                                                  
Neuman, Olson, Ramras, Roses, Seaton, Stoltze, Thomas, Wilson                                                                   
                                                                                                                                
Excused:  Joule, LeDoux, Samuels                                                                                                
                                                                                                                                
And so, Amendment No. 6 was not adopted.                                                                                        
                                                                                                                                
                                                                                                                                
HCS CSSB 4002(FIN) am H was automatically in third reading.                                                                     
                                                                                                                                
Representative Dahlstrom placed a call of the House.                                                                            
                                                                                                                                
The call was satisfied.                                                                                                         
                                                                                                                                
                                                                                                                                
The question being:  "Shall HCS CSSB 4002(FIN) am H pass the                                                                    
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                

2008-08-06                     House Journal                      Page 3349
HCS CSSB 4002(FIN) am H                                                                                                         
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  30   NAYS:  7   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Coghill, Dahlstrom, Doll, Edgmon,                                                                        
Fairclough, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                                                 
Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Meyer, Nelson,                                                             
Neuman, Olson, Ramras, Roses, Salmon, Seaton, Stoltze, Thomas,                                                                  
Wilson                                                                                                                          
                                                                                                                                
Nays:  Cissna, Crawford, Doogan, Gardner, Hawker, Holmes, Kelly                                                                 
                                                                                                                                
Excused:  Joule, LeDoux, Samuels                                                                                                
                                                                                                                                
And so, HCS CSSB 4002(FIN) am H passed the House.                                                                               
                                                                                                                                
                                                                                                                                
Representative Coghill moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
Representative Coghill gave notice of reconsideration of the vote on                                                            
HCS CSSB 4002(FIN) am H.                                                                                                        
                                                                                                                                
Representative Kerttula moved and asked unanimous consent that                                                                  
reconsideration of HCS CSSB 4002(FIN) am H be taken up on the                                                                   
same day.                                                                                                                       
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Kerttula moved and asked unanimous consent to                                                                    
withdraw the motion.  There being no objection, it was so ordered.