Legislature(2007 - 2008)

2008-08-04 Senate Journal

Full Journal pdf

2008-08-04                     Senate Journal                      Page 3252
SB 4002                                                                                                                       
CS FOR SENATE BILL NO. 4002(FIN) "An Act amending the bulk                                                                      
fuel bridge loan fund; amending the power cost equalization program,                                                            
repealing the exclusion from eligibility for power cost equalization for                                                        
certain power projects that take their power from hydroelectric                                                                 
facilities, and amending the definition of 'eligible electric utility' as it                                                    
applies to the power cost equalization program and the grant program                                                            
for small power projects for utility improvements; establishing the                                                             
Alaska resource rebate program and relating to that program; and                                                                
providing for an effective date" was read the third time.                                                                       
                                                                                                                                
Amendment No. 1 was not offered.                                                                                                
                                                                                                                                
Senator Bunde 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.                                                                     
                                                                                                                                
                                                                                                                                

2008-08-04                     Senate Journal                      Page 3253
Senators Wagoner, Bunde offered Amendment No. 2:                                                                                
                                                                                                                                
Page 1, line 1, through page 10, line 5:                                                                                        
     Delete all material and insert:                                                                                            
""An Act establishing the Alaska resource rebate program and                                                                  
relating to that program; and providing for an effective date."                                                               
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                                                                              
ALASKA:                                                                                                                       
   * Section 1. The uncodified law of the State of Alaska is amended                                                          
by adding a new section to read:                                                                                                
     ALASKA RESOURCE REBATE PROGRAM ESTABLISHED.                                                                                
(a) Subject to appropriations and availability of funds for the program,                                                        
the Alaska resource rebate program is established to provide adult                                                              
residents and residents who are emancipated minors with resource                                                                
rebates.                                                                                                                        
     (b) The amount of the 2008 permanent fund dividend shall be                                                                
increased for recipients who are at least 18 years of age and for                                                               
emancipated minors whose disabilities have been removed for general                                                             
purposes under AS 09.55.590. After calculating the amount of the                                                                
2008 dividend under AS 43.23.025, the commissioner of revenue shall                                                             
add $1,200 to determine the total amount of that dividend for                                                                   
recipients who qualify for the resource rebate under this subsection.                                                           
The commissioner may require proof that an individual is an                                                                     
emancipated minor for purposes of this subsection.                                                                              
     (c)  A veteran or the spouse or dependent of a living or deceased                                                          
veteran who did not apply for the 2008 permanent fund dividend and                                                              
is eligible for veterans' benefits under 38 U.S.C. 1315, 1513, 1521,                                                            
1541, and 1542 may apply to the Department of Revenue for a $1,200                                                              
Alaska resource rebate payment for 2008. The individual shall apply                                                             
not later than October 1, 2008, on a form provided by the department                                                            
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.                                                                                 
     (d)  A veteran or the spouse or dependent of a living or deceased                                                          
veteran who is eligible for veterans' benefits under 38 U.S.C. 1315,                                                            
1513, 1521, 1541, and 1542 who is denied or receives reduced                                                                    
payments under those provisions or reduced health care benefits solely                                                          
because the $1,200 increase in the dividend under (b) of this section or                                                        
the $1,200 payment under (c) of this section received by the individual                                                         
is counted as income is eligible for cash assistance under                                                                      

2008-08-04                     Senate Journal                      Page 3254
AS 47.25.120 - 47.25.300 (general relief assistance). Notwithstanding                                                           
the limit in AS 47.25.130, the individual is entitled to receive the same                                                       
amount as the individual would have received under 38 U.S.C. 1315,                                                              
1513, 1521, 1541, and 1542 and as a health care benefit as a result of                                                          
being eligible under 38 U.S.C. 1315, 1513, 1521, 1541, and 1542, had                                                            
the $1,200 increase or payment not been received under (b) or (c) of                                                            
this section.                                                                                                                   
     (e)  Subject to appropriation, the amount necessary for resource                                                           
rebates to increase 2008 permanent fund dividends under (b) of this                                                             
section shall be transferred from the general fund to the dividend fund                                                         
(AS 43.23.045).                                                                                                                 
   * Sec. 2. This Act takes effect immediately under AS 01.10.070(c)."                                                        
                                                                                                                                
Senator Bunde moved for the adoption of Amendment No. 2. Senator                                                                
French objected.                                                                                                                
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 4002(FIN)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  13   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Huggins, Wielechowski                                                                                      
                                                                                                                                
Nays:  Davis, Ellis, Elton, French, Green, Hoffman, Kookesh,                                                                    
McGuire, Olson, Stedman, Stevens, Thomas, Wilken                                                                                
                                                                                                                                
Excused:  Cowdery, Therriault, Wagoner                                                                                          
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 4002(FIN) was automatically in third                                                                     
reading.                                                                                                                        
                                                                                                                                
Senator Davis moved that the bill be returned to second reading for the                                                         
purpose of a specific amendment, that being Amendment No. 3.                                                                    
Without objection, the bill was returned to second reading.                                                                     
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-08-04                     Senate Journal                      Page 3255
Senators Davis, Wielechowski, Ellis, French offered Amendment                                                                   
No. 3.                                                                                                                          
                                                                                                                                
Page 1, line 1, following "fund":                                                                                             
     Insert "and the bulk fuel revolving loan fund"                                                                           
                                                                                                                                
Page 1, line 5, following "improvements;":                                                                                    
     Insert "relating to establishing a gas pipeline development fund                                                         
in the Department of Revenue;"                                                                                                
                                                                                                                                
Page 1, line 6, following "program;":                                                                                         
     Insert "relating to heating assistance;"                                                                                 
                                                                                                                                
Page 4, line 28, through page 5, line 2:                                                                                        
     Delete all material and insert:                                                                                            
"* Sec. 8. AS 43.98 is amended by adding a new section to read:                                                               
          Sec. 43.98.030. Gas pipeline development fund. (a) A gas                                                            
     pipeline development fund is established in the Department of                                                              
     Revenue as a separate fund to finance a gas pipeline project in the                                                        
     state.                                                                                                                     
          (b)  The Department of Revenue shall administer the fund as a                                                         
     fund distinct from other funds in the Department of Revenue. The                                                           
     fund consists of                                                                                                           
               (1)  money appropriated to the fund by the legislature to                                                        
     provide for development of a gas pipeline as 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.                                                                                
   * Sec. 9. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     ALASKA RESOURCE REBATE PROGRAM ESTABLISHED.                                                                                
Because the recent high cost of energy has simultaneously burdened                                                              
consumers and provided additional revenue to the state, the Alaska                                                              
resource rebate program is established to provide residents with                                                                
resource rebates under sec. 10 of this Act to help offset those energy                                                          
costs and to provide persons with emergency energy relief under sec.                                                            
11 of this Act."                                                                                                                

2008-08-04                     Senate Journal                      Page 3256
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 5, line 29, through page 10, line 5:                                                                                       
     Delete all material and insert:                                                                                            
"* Sec. 11. 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 or electricity used for residences.                                                         
     (b)  Subject to (h) 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 850 gallons of heating oil or propane used for a                                                          
single family residence during September 1, 2008, through March 31,                                                             
2009, and 850 gallons of heating oil or propane 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 multi-family 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 multi-family building used                                                         
for that building during September 1, 2009, through March 31, 2010.                                                             
     (c)  A customer may receive an emergency energy relief credit                                                              
from a natural gas supplier on the qualified distributor list prepared                                                          
under (i) of this section. The credit is based on the amount that                                                               
exceeds $3.00 an Mcf that the customer 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. The credit is limited                                                        
to not more than 100 Mcf of natural gas used for a single family                                                                
residence, or 50 Mcf of natural gas used for each unit in a multi-unit                                                          
structure, during September 1, 2008, through March 31, 2009, and not                                                            
more than 100 Mcf used for a single family residence, or 50 Mcf used                                                            
for each unit in a multi-unit structure, during September 1, 2009,                                                              
through March 31, 2010. The natural gas supplier may submit to the                                                              
authority its billing statements for purchases of natural gas used to                                                           
heat residences. The supplier shall also submit customer and sales                                                              
information that may be required by the authority with each billing                                                             

2008-08-04                     Senate Journal                      Page 3257
statement so that the authority may determine the amount to pay                                                                 
directly to the supplier to be treated by the supplier as a credit to the                                                       
natural gas customer. Thirty days after submitting a billing statement                                                          
to the authority, the supplier may submit the statement to the customer                                                         
for payment of that portion not paid by the authority and appearing on                                                          
the billing statement as an emergency energy relief credit. For                                                                 
purposes of calculating the credit amount, the amount a customer pays                                                           
for natural gas is based on the actual cost to the customer, including                                                          
taxes, regulatory and other charges, and cost adjustments. In this                                                              
subsection, "multi-unit structure" means a residential building                                                                 
containing at least four separate dwelling units.                                                                               
     (d)  A person who heats with electricity a building or dwelling                                                            
unit in the state that is primarily used for a residence may receive an                                                         
emergency energy relief payment to reimburse the person for amounts                                                             
the person pays for costs of electricity for that residence. The amount                                                         
of reimbursement equals five cents a kilowatt-hour for the cost of up                                                           
to 2,300 kilowatt-hours each month of electricity purchased between                                                             
September 1, 2008, and March 31, 2009, both inclusive, and for the                                                              
cost of up to 2,300 kilowatt-hours each month of electricity purchased                                                          
between September 1, 2009, and March 31, 2010, both inclusive,                                                                  
except that no reimbursement applies for the first 500 kilowatt-hours                                                           
each month purchased during each of those periods. To receive an                                                                
emergency energy relief payment under this subsection, a person shall                                                           
provide proof that the building or dwelling unit is heated with                                                                 
electricity and shall meet the requirements of (h) of this section.                                                             
     (e)  The amount of the payment or credit under (b), (c), or (d) of                                                         
this section must include an amount to reimburse the sales tax that the                                                         
person paid for the fuel or electricity for which the emergency energy                                                          
relief payment or credit is made. The amount of reimbursement for                                                               
sales taxes included in the payment or credit must be based on the                                                              
sales tax rate in effect on the effective date of this section. A payment                                                       
may not be made for fuel, and a credit may not be given for electricity,                                                        
used for a building owned by a governmental entity. A person may                                                                
apply for and receive more than one emergency energy relief payment                                                             
or credit; however, a person may not receive a payment or credit for                                                            
more than one type of fuel delivered or for electricity purchased                                                               
September 1, 2008, through March 31, 2009, or for more than one type                                                            
of fuel delivered or electricity purchased September 1, 2009, through                                                           
March 31, 2010. If the authority estimates that appropriations to the                                                           
authority are insufficient to fully fund emergency energy relief, the                                                           

2008-08-04                     Senate Journal                      Page 3258
authority may eliminate or reduce the payments and credits under (b),                                                           
(c), and (d) of this section on an equitable basis.                                                                             
     (f)  A landlord or lessor that receives a payment under (b) or (d) of                                                      
this section or a credit under (c) of this section shall pass on a benefit                                                      
to the landlord's or lessor's tenant by lowering the amount of rent by                                                          
the amount attributable to the tenant's unit. A landlord or lessor may                                                          
retain up to 10 percent of the payment or credit otherwise required to                                                          
be passed on to the tenant to cover administrative costs. Failure to                                                            
comply with the requirement of this subsection is a violation of                                                                
AS 45.50.471. The authority may audit the books and records of a                                                                
landlord or lessor for compliance with this subsection.                                                                         
     (g)  The authority                                                                                                         
          (1)  shall administer this section, but may contract for the                                                          
performance of some or all of those administrative duties; AS 36.30                                                             
(State Procurement Code) does not apply to contracts entered into by                                                            
the authority under this paragraph;                                                                                             
          (2)  may adopt regulations under AS 44.62 to implement this                                                           
section.                                                                                                                        
     (h)  A person who is an individual is eligible to receive a payment                                                        
under (b) or (d) of this section only if the individual is a state resident                                                     
under AS 01.10.055. In addition, to receive a payment under (b) or (d)                                                          
of this section, a person shall                                                                                                 
          (1)  apply, before July 1, 2010, for the payment on a form                                                            
provided by the authority;                                                                                                      
          (2)  if the person is applying for payment for heating oil or                                                         
propane, provide, with each application, proof of purchase of fuel                                                              
from a qualified distributor on the list prepared under (i) of this                                                             
section;                                                                                                                        
          (3)  if the person is applying for a payment for electricity,                                                         
provide proof of payment as required by the authority;                                                                          
          (4)  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;                                                                                    
          (5)  verify that the building is not owned by a government                                                            
entity;                                                                                                                         
          (6)  supply other information that may be required by the                                                             
authority.                                                                                                                      
     (i)  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                                                       

2008-08-04                     Senate Journal                      Page 3259
by the authority under this subsection. As a condition of becoming a                                                            
qualified distributor, the business or other entity must 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 this                                                    
section, 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 this section had not been enacted. 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 in a manner prescribed by the authority. 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.                                                                                                                      
     (j)  A person aggrieved by a decision of the authority regarding                                                           
the person's eligibility to receive emergency energy relief under this                                                          
section, 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.                                                                             
     (k)  A person is liable to the state for the value of emergency                                                            
energy relief improperly paid or credited under this section if the                                                             
improper payment or credit 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 or credited, 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.                                                                        
     (l)  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 or credit 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                                                           

2008-08-04                     Senate Journal                      Page 3260
Services shall notify all recipients of public assistance of the effects of                                                     
receiving emergency energy relief.                                                                                              
     (m)  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 or credit 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.                                                                              
     (n)  An individual who is denied assistance solely because a                                                               
payment or credit 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.                                                                                      
     (o)  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 or credit under this section as                                                                 
income or resources unless required to do so by federal law.                                                                    
     (p)  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 or credit received under this section by the                                                                  
individual is counted as income 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 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.                                                               
     (q)  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.                                                                

2008-08-04                     Senate Journal                      Page 3261
     (r)  A form provided by the authority under (h) 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.                                                                                               
         (s)  A person is guilty of a class A misdemeanor if the person                                                        
          (1)  uses heating oil, propane, or electricity, payment for                                                           
which has been partially reimbursed with a payment under this                                                                   
section,                                                                                                                        
               (A)  for a purpose other than use in a building that is                                                          
     primarily used for one or more residences; or                                                                              
               (B)  for a building that is owned by a governmental                                                              
     entity; or                                                                                                                 
          (2)  resells heating oil or propane, payment for which has                                                            
been partially reimbursed with a payment under (b) of this section.                                                             
     (t)  In this section,                                                                                                      
          (1)  "authority" means the Alaska Energy Authority created                                                            
under AS 44.83.020;                                                                                                             
             (2)  "fuel" means heating oil, natural gas, or propane.                                                           
   * Sec. 12. AS 42.45.110(k) is repealed June 30, 2010.                                                                      
   * Sec. 13. AS 42.45.115 is repealed.                                                                                       
   * Sec. 14. Sections 11(a) - (e), (g) - (i), (l) - (r), and (t) of this Act are                                             
repealed September 1, 2010.                                                                                                     
   * Sec. 15. Sections 1 and 7 - 11 of this Act take effect immediately                                                       
under AS 01.10.070(c).                                                                                                          
   * Sec. 16. Sections 2, 4, 5, 12, and 13 ofthis Act take effect                                                             
October 1, 2008.                                                                                                                
   * Sec. 17 Sections 3 and 6 of this Act take effect June 30, 2010."                                                         
                                                                                                                                
Senator Davis  moved for the adoption of Amendment No. 3. Without                                                               
objection, Amendment No. 3 was adopted.                                                                                         
                                                                                                                                
CS FOR SENATE BILL NO. 4002(FIN) am "An Act amending the                                                                        
bulk fuel bridge loan fund and the bulk fuel revolving loan fund;                                                               
amending the power cost equalization program, repealing the                                                                     
exclusion from eligibility for power cost equalization for certain                                                              
power projects that take their power from hydroelectric facilities, and                                                         
amending the definition of 'eligible electric utility' as it applies to the                                                     
power cost equalization program and the grant program for small                                                                 
power projects for utility improvements; relating to establishing a gas                                                         
pipeline development fund in the Department of Revenue; establishing                                                            

2008-08-04                     Senate Journal                      Page 3262
the Alaska resource rebate program and relating to that program;                                                                
relating to heating assistance; and providing for an effective date" was                                                        
automatically in third reading.                                                                                                 
                                                                                                                                
Senator Thomas moved that the bill be returned to second reading for                                                            
the purpose of a specific amendment, that being Amendment No. 4.                                                                
Without objection, the bill was returned to second reading.                                                                     
                                                                                                                                
Senators Thomas, Wilken offered Amendment No. 4:                                                                                
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to grants from the renewable energy grant                                                               
fund;"                                                                                                                        
                                                                                                                                
Page 1, following line 13:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Section 2. AS 42.45.045(e), as enacted in sec. 3, ch. 31, SLA                                                              
2008, is amended to read:                                                                                                       
          (e)  In consultation with the advisory committee established in                                                       
     (i) of this section, the authority shall make recommendations to                                                           
     the legislature regarding eligible applicants' projects that finance                                                       
     feasibility studies, reconnaissance studies, energy resource                                                               
     monitoring, and construction of renewable energy projects,                                                                 
     alternative energy projects, natural gas projects, or transmission                                                     
     or distribution infrastructure located in Alaska that meet the                                                             
     requirements of (f), (g), [OR] (h), or (m) of this section, as                                                         
     applicable, and shall, at least once each year, solicit from the                                                           
           advisory committee funding recommendations for all grants.                                                          
   * Sec. 3. AS 42.45.045, as enacted in sec. 3, ch. 31, SLA 2008, is                                                         
amended by adding a new subsection to read:                                                                                     
          (m)  For an alternative energy project to qualify for a grant                                                         
         recommendation under (e) of this section, the project must be a                                                       
               (1)  new project not in operation on the effective date of                                                       
     this bill section or an addition to an existing project made after the                                                     
     effective date of this bill section; and                                                                                   
               (2)  facility that generates energy or fuel that is less                                                         
     expensive, more efficient, or has a less adverse effect on the                                                             
     environment than the energy or fuel that was previously used by a                                                          
     community."                                                                                                                
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               

2008-08-04                     Senate Journal                      Page 3263
Correct internal references to bill sections accordingly.                                                                       
                                                                                                                                
Page 4, following line 27:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 10. The uncodified law of the State of Alaska enacted in sec.                                                         
1(b), ch. 31, SLA 2008, is amended to read:                                                                                     
          (b)  It is the intent of the legislature that each year for the next                                                  
     five years $50,000,000 in capital funds be appropriated to fund                                                            
     renewable energy projects recommended by the Alaska Energy                                                             
     Authority as described in AS 42.45.045(f) and sec. [SECS. 3                                                            
     AND] 6 of this Act.                                                                                                        
   * Sec. 11. The uncodified law of the State of Alaska enacted in sec.                                                       
6, ch. 31, SLA 2008, is amended to read:                                                                                        
          RENEWABLE ENERGY GRANTS DURING STATE                                                                                  
     FISCAL YEAR 2009. (a) For the fiscal year ending June 30,                                                                  
     2009, from an appropriation made under the statement of intent set                                                         
     out in sec. 1(b) of this Act, the Alaska Energy Authority shall                                                            
     distribute grants to applicants determined by the authority and that                                                       
     meet the criteria in AS 42.45.045(f) - (h) and (m) [, ADDED BY                                                         
     SEC. 3 OF THIS ACT,] based on the procedure described in (b)                                                               
     of this section.                                                                                                           
          (b)  For administering grants under AS 42.45.045(f) - (h) and                                                     
     (m) [, ADDED BY SEC. 3 OF THIS ACT,] for the fiscal year                                                               
     ending June 30, 2009, notwithstanding AS 42.45.045(d), (e), and                                                            
     (i) - (l), added by sec. 3 of this Act,                                                                                    
               (1)  the Alaska Energy Authority shall submit to the                                                             
     Legislative Budget and Audit Committee for review a revised                                                                
     program setting out the proposed grants;                                                                                   
               (2)  45 days shall elapse before commencement of                                                                 
     expenditures under the revised program unless the Legislative                                                              
     Budget and Audit Committee earlier recommends otherwise;                                                                   
               (3)  should the Legislative Budget and Audit Committee                                                           
     recommend within the 45-day period that the Alaska Energy                                                                  
     Authority not award the grants as set out in the revised program,                                                          
     the Alaska Energy Authority shall again review the grant                                                                   
     applications and, if the Alaska Energy Authority determines to                                                             
     authorize the expenditures, the Alaska Energy Authority shall                                                              
     provide the Legislative Budget and Audit Committee with a                                                                  
     statement of the Alaska Energy Authority's reasons before                                                                  
            commencement of expenditures making the approved grants."                                                          
                                                                                                                                

2008-08-04                     Senate Journal                      Page 3264
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Correct internal references to bill sections accordingly.                                                                       
                                                                                                                                
Page 10, line 1:                                                                                                                
     Delete "Sections 10(a), (b), (d) - (f), (i) - (o), and (q)"                                                                
     Insert "Sections 14(a), (b), (d) - (f), (i) - (o), and (q)"                                                                
                                                                                                                                
Page 10, line 3:                                                                                                                
     Delete "Sections 3 and 6"                                                                                                  
     Insert "Sections 5 and 8"                                                                                                  
                                                                                                                                
Page 10, line 4:                                                                                                                
     Delete "Sections 2, 4, 5, 11, and 12"                                                                                      
     Insert "Sections 4, 6, 7, 15, and 16"                                                                                      
                                                                                                                                
Page 10, line 5:                                                                                                                
     Delete "Sections 1 and 7 - 10"                                                                                             
     Insert "Sections 1 - 3 and 9 - 14"                                                                                         
                                                                                                                                
Senator Thomas moved for the adoption of Amendment No. 4.                                                                       
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 4002(FIN) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  9   NAYS:  8   EXCUSED:  3   ABSENT:  0                                                                                
                                                                                                                                
Yeas:  Bunde, Dyson, Hoffman, McGuire, Olson, Stedman, Stevens,                                                                 
Thomas, Wilken                                                                                                                  
                                                                                                                                
Nays:  Davis, Ellis, Elton, French, Green, Huggins, Kookesh,                                                                    
Wielechowski                                                                                                                    
                                                                                                                                
Excused:  Cowdery, Therriault, Wagoner                                                                                          
                                                                                                                                
and so, Amendment No. 4 was adopted.                                                                                            
                                                                                                                                
                                                                                                                                

2008-08-04                     Senate Journal                      Page 3265
CS FOR SENATE BILL NO. 4002(FIN) am was automatically in                                                                        
third reading.                                                                                                                  
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 4002(FIN)                                                                     
am "An Act relating to grants from the renewable energy grant fund;                                                             
amending the bulk fuel bridge loan fund and the bulk fuel revolving                                                             
loan fund; amending the power cost equalization program, repealing                                                              
the exclusion from eligibility for power cost equalization for certain                                                          
power projects that take their power from hydroelectric facilities, and                                                         
amending the definition of 'eligible electric utility' as it applies to the                                                     
power cost equalization program and the grant program for small                                                                 
power projects for utility improvements; relating to establishing a gas                                                         
pipeline development fund in the Department of Revenue; establishing                                                            
the Alaska resource rebate program and relating to that program;                                                                
relating to heating assistance; and providing for an effective date" pass                                                       
the Senate?" The roll was taken with the following result:                                                                      
                                                                                                                                
CSSB 4002(FIN) am                                                                                                               
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  3   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Davis, Ellis, Elton, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski, Wilken                                                                  
                                                                                                                                
Nays:  Bunde, Dyson, Green                                                                                                      
                                                                                                                                
Excused:  Cowdery, Therriault, Wagoner                                                                                          
                                                                                                                                
and so, CS FOR SENATE BILL NO. 4002(FIN) am passed the                                                                          
Senate.                                                                                                                         
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the effective date clauses.                                                       
Without objection, it was so ordered.                                                                                           
SB 4002                                                                                                                       
Senator Ellis gave notice of reconsideration on CS FOR SENATE                                                                   
BILL NO. 4002(FIN) am and moved and asked unanimous consent                                                                     
that it be taken up at this time. Without objection, the bill was before                                                        
the Senate on reconsideration.                                                                                                  

2008-08-04                     Senate Journal                      Page 3266
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                                                  
4002(FIN) am "An Act relating to grants from the renewable energy                                                               
grant fund; amending the bulk fuel bridge loan fund and the bulk fuel                                                           
revolving loan fund; amending the power cost equalization program,                                                              
repealing the exclusion from eligibility for power cost equalization for                                                        
certain power projects that take their power from hydroelectric                                                                 
facilities, and amending the definition of 'eligible electric utility' as it                                                    
applies to the power cost equalization program and the grant program                                                            
for small power projects for utility improvements; relating to                                                                  
establishing a gas pipeline development fund in the Department of                                                               
Revenue; establishing the Alaska resource rebate program and relating                                                           
to that program; relating to heating assistance; and providing for an                                                           
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
CSSB 4002(FIN) am                                                                                                               
Third Reading - On Reconsideration                                                                                              
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  3   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Davis, Ellis, Elton, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski, Wilken                                                                  
                                                                                                                                
Nays:  Bunde, Dyson, Green                                                                                                      
                                                                                                                                
Excused:  Cowdery, Therriault, Wagoner                                                                                          
                                                                                                                                
and so, CS FOR SENATE BILL NO. 4002(FIN) am passed the Senate                                                                   
on reconsideration.                                                                                                             
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill 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.