Legislature(2009 - 2010)

2010-02-26 Senate Journal

Full Journal pdf

2010-02-26                     Senate Journal                      Page 1664
SB 301                                                                                                                        
SENATE BILL NO. 301 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
       "An Act relating to the power project fund; authorizing                                                                  
       the Alaska Energy Authority to charge and collect fees                                                                   
       relating to the power project fund; authorizing the Alaska                                                               
       Energy Authority to sell and authorizing the Alaska                                                                      
       Industrial Development and Export Authority to purchase                                                                  
       loans of the power project fund; providing legislative                                                                   
       approval for the sale and purchase of loans of the power                                                                 
       project fund under the memorandum of understanding                                                                       
       dated February 17, 2010; and providing for an effective                                                                  
       date."                                                                                                                   
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Transportation and Public                                                               
  Facilities                                                                                                                    
 Fiscal Note No. 2, zero, Department of Revenue                                                                                 
 Fiscal Note No. 3, zero, Department of Commerce, Community                                                                     
  and Economic Development                                                                                                      
 Fiscal Note No. 4, Department of Commerce, Community and                                                                       
  Economic Development                                                                                                          
                                                                                                                                
Governor's transmittal letter dated February 25:                                                                                
                                                                                                                                
Dear President Stevens:                                                                                                         
                                                                                                                                
Under the authority of Art. III, Sec. 18, of the Alaska Constitution, I                                                         
am transmitting a bill relating to the power project fund; authorizing                                                          
the Alaska Energy Authority (AEA) to charge and collect fees relating                                                           
to the power project fund; authorizing AEA to sell and authorizing the                                                          
Alaska Industrial Development and Export Authority (AIDEA) to                                                                   
purchase loans of the power project fund; and providing legislative                                                             
approval for the sale and purchase of loans of the power project fund                                                           
under the memorandum of understanding dated February 17, 2010.                                                                  
                                                                                                                                

2010-02-26                     Senate Journal                      Page 1665
This bill deals with the power project fund (AS 42.45.010) and would                                                            
accomplish two things. First, the bill would authorize the sale of                                                              
power project fund loans from AEA to AIDEA as an investment of                                                                  
AIDEA's revolving fund. The sale of loans will recapitalize the power                                                           
project fund and be accomplished under a memorandum of                                                                          
understanding. Second, the bill would authorize AEA to charge fees                                                              
related to administration of the power project fund.                                                                            
                                                                                                                                
AEA can make loans out of the power project fund to help finance                                                                
energy generation and transmission projects, or to fund the bulk fuel                                                           
revolving loan fund under AS 42.45.250(l). Borrowers currently use                                                              
loans from the power project fund as a financing tool to help finance                                                           
match requirements of renewable energy projects funded by the                                                                   
renewable energy grant fund (AS 42.45.045). The power project fund                                                              
currently holds less than $4.2 million, an amount inadequate to fund                                                            
all reasonable loan needs arising out of the renewable energy grant                                                             
fund and recommendation program and other purposes of the power                                                                 
project fund. The proposed sale of existing loans in the power project                                                          
fund will recapitalize the fund with an additional sum, estimated to be                                                         
approximately $21 million.                                                                                                      
                                                                                                                                
To maximize the price paid to AEA for the sale of loans of the power                                                            
project fund, the bill and memorandum of understanding include                                                                  
provisions for AEA to repurchase from AIDEA loans which later                                                                   
default. This repurchase provision substantially reduces financial risk                                                         
to AIDEA from default, and enables AIDEA to purchase the loans                                                                  
without significant discount for such risk. The result is that AEA will                                                         
obtain more from the sale to capitalize the power project fund.                                                                 
                                                                                                                                
Several sections of the bill authorize the sale of power project fund                                                           
loans from AEA to AIDEA. Section 1 of the bill would amend                                                                      
AS 42.45.010(a) and allow proceeds from the sale of power project                                                               
loans to be deposited into the power project fund. Section 3 of the bill                                                        
would add a new subsection (l) to AS 42.45.010, and authorize AEA                                                               
to sell power project fund loans with legislative approval, allow AEA                                                           
to repurchase defaulted loans, and direct that sale proceeds be                                                                 
deposited into the power project fund. Section 4 of the bill would add                                                          
a new paragraph (30) to AS 44.88.080 and authorize AIDEA to                                                                     
purchase loans of the power project fund with legislative approval.                                                             
And, sec. 5 of the bill would provide necessary legislative approval for                                                        

2010-02-26                     Senate Journal                      Page 1666
AEA to sell and AIDEA to purchase the loans under the memorandum                                                                
of understanding dated February 17, 2010. A copy of this                                                                        
memorandum of understanding is available on both AEA and AIDEA                                                                  
internet websites.                                                                                                              
                                                                                                                                
The bill would also authorize AEA to charge and collect fees in                                                                 
administering the power project fund, similar to authority that AEA                                                             
has under AS 42.45.250(j) and (k) for the bulk fuel revolving loan                                                              
fund. Section 2 of the bill would amend AS 42.45.010(d) which                                                                   
currently provides statutory authority for AEA to adopt regulations                                                             
regarding the power project fund, and specifically authorize AEA to                                                             
establish reasonable fees for applications and loan origination, and                                                            
charges for reimbursement of the costs of analyzing the feasibility of a                                                        
project. Section 3 of the bill would add subsection (k) to                                                                      
AS 42.45.010, and authorize AEA to collect the power project fund                                                               
fees and charges established in the regulations, and direct deposit of                                                          
those fees and charges into the general fund. Currently, AEA only                                                               
requires an applicant to pay the costs of analyzing the feasibility of a                                                        
project.                                                                                                                        
                                                                                                                                
Finally, Sec. 6 of the bill would make the bill immediately effective, if                                                       
it is enacted into law.                                                                                                         
                                                                                                                                
I urge your prompt and favorable action on this bill.                                                                           
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor