Legislature(2011 - 2012)BARNES 124

03/24/2011 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 196 BULK FUEL LOANS/POWER PROJECT FUND TELECONFERENCED
Heard & Held
*+ HB 170 MUNI TAX EXEMPTION FOR CERTAIN VOLUNTEERS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB 196-BULK FUEL LOANS/POWER PROJECT FUND                                                                        
                                                                                                                                
8:07:46 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ announced  that the first order of  business would be                                                               
HOUSE BILL  NO. 196, "An Act  relating to the power  project fund                                                               
and to  the bulk  fuel revolving loan  fund; establishing  a bulk                                                               
fuel loan account  and making the bulk fuel loan  account and the                                                               
bulk fuel bridge loan account  separate accounts in the bulk fuel                                                               
revolving loan fund; providing for  technical assistance to rural                                                               
borrowers under  the bulk fuel  bridge loan program;  relating to                                                               
the  administration and  investment  of the  bulk fuel  revolving                                                               
loan  fund  by  the  division  in  the  Department  of  Commerce,                                                               
Community,  and Economic  Development  responsible for  community                                                               
and regional affairs; and providing for an effective date."                                                                     
                                                                                                                                
8:07:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BRYCE EDGMON,  Alaska State  Legislature, sponsor                                                               
of  HB 196,  explained that  HB 196  would [move  the] Bulk  Fuel                                                               
Revolving Loan Fund Program (BFRLF)  to the Division of Community                                                               
& Regional  Affairs (DCRA),  which already  houses the  Bulk Fuel                                                               
Bridge Loan  Program, in order  to make it easier  for applicants                                                               
to access  the BFRLF.   Currently, if  an applicant is  denied by                                                               
the  BFRLF,  the  applicant  would  have  to  submit  a  separate                                                               
application  for the  Bulk Fuel  Bridge Loan  Program.   However,                                                               
under the  proposal in HB  196 both  programs would be  housed in                                                               
DCRA  and an  applicant could  submit one  application for  both.                                                               
Furthermore,  housing  both  programs   with  DCRA  provides  the                                                               
ability to  use local government  specialists that  are scattered                                                               
throughout the state.  Representative  Edgmon pointed out that HB
196 does have a fiscal note,  the detail for which he deferred to                                                               
staff.                                                                                                                          
                                                                                                                                
8:10:26 AM                                                                                                                    
                                                                                                                                
KATHIE  WASSERMAN, Executive  Director,  Alaska Municipal  League                                                               
(AML), related that AML is in favor  of HB 196 as it has actually                                                               
experienced  the problems  HB 196  addresses.   In fact,  AML has                                                               
observed that  much of the hindrance  in getting fuel to  some of                                                               
the communities was because of  the gap in time between obtaining                                                               
information from  the Alaska Energy  Authority and getting  it to                                                               
DCRA/DCCED, which resulted in fuel  being shipped in via plane at                                                               
an increased cost.   Ms. Wasserman mentioned that AML  has a good                                                               
relationship with  DCCED and is  able to  discuss municipalities,                                                               
but  that  same type  of  relationship  doesn't exist  with  AEA.                                                               
Therefore, AML  encourages the passage  of HB 196 to  make things                                                               
more efficient and effective for municipalities.                                                                                
                                                                                                                                
8:12:10 AM                                                                                                                    
                                                                                                                                
DEL CONRAD, CEO, Rural Alaska  Fuel Services (RAFS), provided the                                                               
following testimony:                                                                                                            
                                                                                                                                
     I am  here today to  speak in favor  of HB 196.   Since                                                                    
     its inception  in 2004 RAFS  has managed the  Bulk Fuel                                                                    
     Bridge  Loan Program,  helping  roughly 30  communities                                                                    
     finance their  annual fuel  supplies.   These borrowers                                                                    
     are  in significant  financial distress,  and therefore                                                                    
     ineligible for  loans from other  sources.  As  part of                                                                    
     the  program,  we not  only  provide  funding for  fuel                                                                    
     purchases,  we actively  engage  with  the borrowers  -                                                                    
     assisting   them   in  setting   appropriate   pricing,                                                                    
     establishing credit  and collection policies,  and even                                                                    
     holding community  meetings to  explain fuel  and power                                                                    
     costs to the  residents.  There are  currently 11 loans                                                                    
     for about  a total of  $1.6 million outstanding  in the                                                                    
     Bridge  Loan Program.   We  believe that  combining the                                                                    
     two  state   fuel  loan  programs  will   provide  more                                                                    
     efficiency   by  reducing   administrative  costs   and                                                                    
     complexity   for  both   the  loan   program  and   the                                                                    
     borrowers.   By combining the program  [there would be]                                                                    
     one application  and one review process  instead of two                                                                    
     as we  do now.   Essentially,  the Bridge  Loan Program                                                                    
     would become  similar to  a work out  group in  a bank,                                                                    
     working with the distressed  borrowers to improve their                                                                    
     pricing,   collections,  and   cash   flow.     Equally                                                                    
     important,  we believe,  is the  provision that  allows                                                                    
     for the  program administration to be  outsourced.  The                                                                    
     case  for  this was  best  made  by the  Institute  for                                                                    
     Social and  Economic Research (ISER) at  the University                                                                    
     of Alaska in their  report titled "Components of Alaska                                                                    
     Fuel  Cost:   An  Analysis of  the  Market Factors  and                                                                    
     Characteristics  that  Influence  Rural  Fuel  Prices."                                                                    
     This report was  prepared at the request  of the Senate                                                                    
     Finance  Committee and  released in  February of  2010.                                                                    
     In  their discussion  of  fuel  financing programs,  it                                                                    
     stated  the following:   "Consolidating  the Bulk  Fuel                                                                    
     Revolving  Loan  and  RAFS   bulk  fuel  program  would                                                                    
     improve  operational   efficiency,  which   could  free                                                                    
     administrative   costs   and   be   shifted   to   loan                                                                    
     capitalization."   The  Bulk Fuel  Bridge Loan  Program                                                                    
     appears  to  be both  a  more  effective and  efficient                                                                    
     program.  It's more  effective because of the condition                                                                    
     of receiving  a state  subsidized loan,  the community,                                                                    
     borrower,   receives   fuel    sales   operations   and                                                                    
     management training to help the  community learn how to                                                                    
     collect sufficient revenues to  purchase fuel without a                                                                    
     loan in the future.   It appears to be more efficiently                                                                    
     administered through  a contract with  a not-for-profit                                                                    
     organization.                                                                                                              
                                                                                                                                
8:14:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER inquired as  to what specific community or                                                               
situation this proposed change would help.                                                                                      
                                                                                                                                
MR. CONRAD  explained that  currently, a  community must  file an                                                               
application  for  the BFRLF  with  AEA.    If that  applicant  is                                                               
rejected  by AEA,  the applicant  must  file another  application                                                               
with RAFS,  the manager of  the program,  for review.   Upon RAFS                                                               
forwarding the  application to DCRA, it's  approved and financed.                                                               
Therefore,  both  the  state and  borrower  proceed  through  the                                                               
process  twice and  at times  a  considerable amount  of time  is                                                               
required.   In  further response  to Representative  Saddler, Mr.                                                               
Conrad said  he wasn't  aware of any  circumstance in  which fuel                                                               
had to be flown in because of  the delay.  However, he did recall                                                               
situations in which there was a  rush to approve Bulk Fuel Bridge                                                               
Loans before the barge left.                                                                                                    
                                                                                                                                
8:16:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER related her  understanding that using RAFS                                                               
to administer the program isn't anything new.                                                                                   
                                                                                                                                
MR.  CONRAD noted  his agreement,  and reiterated  that RAFS  has                                                               
managed  the Bulk  Fuel Bridge  Loan  Program since  it began  in                                                               
2004.                                                                                                                           
                                                                                                                                
8:17:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  recalled that in  2008 Nikolai had  to fly                                                               
in fuel due [to the delay in funding].                                                                                          
                                                                                                                                
MR.  CONRAD recalled  that that  the situation  with Nikolai  was                                                               
some  time  ago and  that  the  community obtained  funding  from                                                               
elsewhere, [not from the BRLF].                                                                                                 
                                                                                                                                
8:18:25 AM                                                                                                                    
                                                                                                                                
PATRICK  PLETNIKOFF, Mayor,  City  of Saint  George, related  his                                                               
support for HB 196.   The City of St. George  has worked with the                                                               
RAFS  program  as the  city  and  the surrounding  community  has                                                               
struggled  to  improve  the  city's  position  in  terms  of  its                                                               
economic base.   Although St.  George sits  in the middle  of the                                                               
greatest  fishery  in the  world,  it  doesn't have  an  economy.                                                               
Therefore,  the  city  has  to   utilize  programs  that  may  be                                                               
difficult  with  which to  work.    He  related support  for  the                                                               
proposed consolidation of  the DCRA and RAFS  programs because it                                                               
would simplify  the process.   Currently, the City of  St. George                                                               
has to  first go through  the AEA process, which  usually rejects                                                               
the  city because  of fiscal  constraints or  other issues.   The                                                               
City of  St. George then  prepares another application  to submit                                                               
to RAFS.  If  there's a delay, the city and  its residents face a                                                               
hardship because  they don't have the  credits/or money available                                                               
to purchase the  fuel to keep the city's power  plant going.  The                                                               
city  has been  working with  RAFS and  since 2010  the city  has                                                               
attempted to  correct its problems.   He noted that  although the                                                               
City  of  St.  George  hasn't  participated  in  the  power  cost                                                               
equalization (PCE)  program for some  time, it's critical  to the                                                               
community and its  ability to purchase fuel for  its power plant.                                                               
Mayor  Pletnikoff related  that there  have been  times when  the                                                               
City of  St. George  had to  have fuel  flown in  from Anchorage,                                                               
which ultimately costs $12-$14 per  gallon.  In conclusion, Mayor                                                               
Pletnikoff  reiterated his  support for  HB 196  and pointed  out                                                               
that  utilizing  a  program  such   as  RAFS  would  provide  the                                                               
necessary flexibility to design  financing packages and a program                                                               
that helps get the community on its "fiscal feet."                                                                              
                                                                                                                                
8:21:42 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ inquired  as to  the fuel  storage capacity  for St.                                                               
George and the length of time that capacity generates energy.                                                                   
                                                                                                                                
MAYOR PLETNIKOFF informed the committee  that Delta fuels and the                                                               
village corporation in joint venture  manage the fuel operations.                                                               
Although  there   is  a  million  gallons   of  storage  capacity                                                               
available, it  was taken  out of service  and only  about 120,000                                                               
gallons in  capacity is  available.  The  joint venture  tries to                                                               
keep the capacity full.  However,  bad weather can be an obstacle                                                               
for delivery and can create a hardship.                                                                                         
                                                                                                                                
8:22:53 AM                                                                                                                    
                                                                                                                                
MEERA   KOHLER,  President   &  CEO,   Alaska  Village   Electric                                                               
Corporation  (AVEC), began  by relating  that AVEC  is a  utility                                                               
that  serves 53  villages  throughout Western  Alaska  and is  an                                                               
energy partner with  the Denali Commission.   She further related                                                               
that in the  last 10 years, AVEC has  built energy infrastructure                                                               
totaling over  $200 million  in villages that  AVEC serves.   Ms.                                                               
Kohler  informed  the committee  that  AVEC  was instrumental  in                                                               
establishing the Rural Alaska Fuel  Services in 2003.  The intent                                                               
of RAFS  was to provide  fuel tank  farm services and  support in                                                               
rural  Alaska  throughout the  state.    In  May 2004,  AVEC  was                                                               
approached  by the  administration and  established the  original                                                               
Bulk  Fuel Bridge  Loan  Program, primarily  to  deliver fuel  to                                                               
those  communities that  had a  week or  two left  in the  season                                                               
otherwise the  fuel would have  to be flown  in.  At  that point,                                                               
AVEC identified  RAFS as its  partner to administer  the program.                                                               
Two years  later, AVEC withdrew  from the program,  which allowed                                                               
RAFS to  operate the program entirely.   She noted that  RAFS has                                                               
done  a  fine job  administering  the  program.   As  a  regional                                                               
organization  that   involves  Western  Alaska,  she   chaired  a                                                               
committee  reviewing  the  fuel   supply  situation  for  village                                                               
Alaska.  Early on, the  complex and laborious process communities                                                               
must  follow in  order to  participate in  the BFRLF  Program was                                                               
targeted.   As  was  mentioned earlier,  there  is a  duplicative                                                               
process whereby a  community has to apply to  AEA first, although                                                               
it knows it  will be rejected because it has  an outstanding loan                                                               
balance or  something of that  nature.   At that point,  the same                                                               
process  has to  occur with  RAFS.   Therefore, it's  sensible to                                                               
combine  the  two  programs  and  streamline  them  such  that  a                                                               
community  can file  a single  application.   In conclusion,  Ms.                                                               
Kohler related support for the intent  of HB 196, and offered her                                                               
assistance with the process.                                                                                                    
                                                                                                                                
8:26:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER pointed  out  that  the committee  packet                                                               
includes  materials  relating  that combining  the  two  programs                                                               
would   provide    additional   efficiencies    and   advantages.                                                               
Therefore, he  asked if she would  characterize HB 196 as  a step                                                               
toward that.                                                                                                                    
                                                                                                                                
MS. KOHLER answered that HB 196  is a good step in that direction                                                               
and would  move toward streamlining operations,  the process, and                                                               
make it easier  for the communities. Ms. Kohler  related her hope                                                               
that DCRA  will ultimately take  over both programs  and contract                                                               
out [the  administration of  it] to  an entity  such as  RAFS, an                                                               
entity that's definitely qualified to administer the program.                                                                   
                                                                                                                                
8:28:19 AM                                                                                                                    
                                                                                                                                
DOUG  IHLY,  Tribal   Administration,  Chignik  Lake  Traditional                                                               
Council,  Chignik  Lake  Village,  informed  the  committee  that                                                               
Chignik Lake  has been working  with RAFS  for a couple  of years                                                               
and it has  been a pleasant experience.  In  fact, Mr. Conrad has                                                               
worked with the  village to help determine  the necessary charges                                                               
for fuel  and gas  as well  as working  on the  electric utility.                                                               
He,  too, agreed  with  the proposal  to  combine [programs]  and                                                               
eliminate  duplication.   He recalled  when Chignik  Lake applied                                                               
with AEA for a loan, the  village was fairly sure it wouldn't get                                                               
one.    However, they  knew  it  was  necessary  to do  prior  to                                                               
applying with  RAFS.  Still, it  takes time.  In  fact, this last                                                               
year he was  concerned that the process wouldn't  be completed in                                                               
enough time to have the fuel  delivered.  Mr. Ihly explained that                                                               
the village  has to wait  for its commercial fishermen  to finish                                                               
with  the fishing  season before  fuel  can be  hauled in,  which                                                               
results in a limited window between  that time and when the river                                                               
freezes.  Therefore, it's critical that  the loan is in place and                                                               
the village is able to purchase  the fuel necessary to sustain it                                                               
through the winter.   He noted that recently the  village was two                                                               
to three weeks  away from having no fuel, but  the river broke up                                                               
and the village was able to have fuel delivered.                                                                                
                                                                                                                                
8:31:36 AM                                                                                                                    
                                                                                                                                
SCOTT RUBY, Director, Division Programs,  Division of Community &                                                               
Regional Affairs,  Department of  Commerce, Community  & Economic                                                               
Development  (DCCED), reminded  the committee  that the  division                                                               
currently administers the Bulk Fuel  Bridge Loan Fund Program and                                                               
has  since  its  inception.    Furthermore,  the  division  works                                                               
closely with AEA on the BFRLF.   He explained that there were two                                                               
loan programs because in 2004  communities didn't qualify for the                                                               
BFRLF program  and were in  danger of not  having fuel.   At that                                                               
time, those  communities that couldn't  get fuel would  be placed                                                               
in  an  emergency  situation  and  thus  the  state  would  spend                                                               
resources in a more critical  situation to provide for the health                                                               
and safety  of the  communities.   The notion  was to  help these                                                               
communities normalize  such that  they receive  the fuel  and are                                                               
more  responsible for  having  their  own fuel.    At that  time,                                                               
rather than  amending the BFRLF,  funding was made  available for                                                               
the Bulk  Fuel Bridge Loan Program.   The name, Bulk  Fuel Bridge                                                               
Loan,  was derived  from the  fact  that the  funding provided  a                                                               
bridge  such  that a  community's  management  capacity could  be                                                               
built  to qualify  for the  AEA loan  or regular  commercial loan                                                               
programs.   The program operated  that way for several  years and                                                               
was  funded through  several grants,  including  grants from  the                                                               
U.S.  Department of  Agriculture (USDA),  the Denali  Commission,                                                               
and the  state.  When  the Bulk  Fuel Bridge Loan  Program began,                                                               
the administration  of that  program was  contracted out  to AVEC                                                               
and ultimately  to RAFS.   Therefore, the state approved  all the                                                               
loans, while  RAFS serviced all  the loans.    A couple  of years                                                               
later,  a legislative  audit was  performed  that determined  the                                                               
situation was  unacceptable because state funds  were being used,                                                               
but there  were no state regulations  for the program.   In 2008,                                                               
there was  a statutory change  such that funds were  brought into                                                               
the state  system and  regulations, similar to  what AEA  has for                                                               
BFRLF,  were  adopted.   Furthermore,  the  state contracts  with                                                               
RAFS, which  provides the outreach and  technical assistance such                                                               
as invoicing.   The loan  disbursements and tracking of  the loan                                                               
balances is  done by the  Division of Economic Development.   Mr.                                                               
Ruby highlighted that over the years  AEA and DCRA have worked on                                                               
the two applications and they have  reached a point at which they                                                               
are almost  identical.  In  fact, applicants  are told to  make a                                                               
photo copy of  the AEA application.  The  only difference between                                                               
the two  applications is  the promissory note  and the  fuel loan                                                               
agreement where  the entity  with which  the community  is making                                                               
the  agreement is  either AEA  or DCRA.   He  acknowledged though                                                               
that there  is redundancy  since communities  have to  submit two                                                               
different  applications  to  two   different  entities  and  it's                                                               
burdensome that  the communities  have to  certify and  the board                                                               
has  to  consider  two different  submissions  of  two  different                                                               
applications.      Therefore,   HB    196   would   address   the                                                               
aforementioned  such that  there  would be  only one  application                                                               
that's filed.                                                                                                                   
                                                                                                                                
MR. RUBY  informed the committee  that a major point  in previous                                                               
legislation was the interest rate.   Under the BFRLF, AEA charges                                                               
an interest  rate for its  loans.  He  explained that AEA  uses a                                                               
statutory  formula with  an indexed  rate  and those  communities                                                               
with  multi-year loans  are  given  a discount.    The Bulk  Fuel                                                               
Bridge Loan,  on the other hand,  has a 0 percent  interest rate.                                                               
The Bulk Fuel Bridge Loan is  going to communities that are a bad                                                               
credit risk  or are having  management difficulties  in financing                                                               
their loans.   Therefore, the notion behind the  Bulk Fuel Bridge                                                               
Loan was that the 0 percent  loan would help such communities and                                                               
as  the  Bulk Fuel  Bridge  Loan  Program built  capacity,  these                                                               
communities would qualify  for other loans.  Mr.  Ruby noted that                                                               
there has been  discussion that the 0 percent interest  loan is a                                                               
disincentive   to   improve   management.      To   address   the                                                               
aforementioned, under  HB 196 both  loans would have  an interest                                                               
rate such that a first-time  borrower would have an interest rate                                                               
of 0 percent while a second-year  borrower would have a 4 percent                                                               
interest rate.   If  the borrower has  good credit  in subsequent                                                               
years, the interest  rate is reduced by 1 percent  each year with                                                               
a floor  of 2 percent,  so long as  the borrower remains  in good                                                               
standing.   Therefore,  the legislation  creates an  incentive to                                                               
maintain  good management.    Mr. Ruby  told  the committee  that                                                               
currently  both  programs  fund  their  administration  from  the                                                               
general   fund  (GF),   but   HB  196   proposes   to  fund   the                                                               
administration  of the  programs from  the loan  fund itself  and                                                               
thus it's  a self-supporting system.   The interest rate  was set                                                               
such that  the interest from the  repayment of the loans  or from                                                               
the interest generated by the funds  is more than enough to cover                                                               
the administrative costs.                                                                                                       
                                                                                                                                
MR. RUBY  then turned to  the earlier remarks  regarding Nikolai.                                                               
He informed  the committee that  the earlier  discussed situation                                                               
in Nikolai was one in which  the barge couldn't get there because                                                               
the  water  level  was  too  low.    At  the  time,  Nikolai  had                                                               
management capacity  issues as the community  hadn't been holding                                                               
municipal elections for  some time and thus  hadn't qualified for                                                               
its  community  revenue  sharing  payments.   The  DCRA  regional                                                               
office staff  worked with Nikolai  to complete an  election, file                                                               
paperwork,  and got  the city's  budget and  financial statements                                                               
filed.  The  aforementioned resulted in the  release of Nikolai's                                                               
community revenue  sharing funds, which  provided a way  in which                                                               
to pay for the  fuel since it had to be flown  in.  He emphasized                                                               
that  the  situation  in  Alaska  is unique  since  the  fuel  is                                                               
delivered  once a  year  by  water or  plane.   Therefore,  these                                                               
communities  require very  large  capacity to  store fuel,  which                                                               
results in a large  cost to fill up.  He  related that North Star                                                               
Fuel  has been  tracking fuel  prices, which  it reported  as the                                                               
highest in the  last three years.  Mr. Ruby  concluded by stating                                                               
that  fuel  loan  programs  for  rural  Alaska  are  critical  in                                                               
maintaining their infrastructure.                                                                                               
                                                                                                                                
8:42:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN  pointed  out that  AEA's  fiscal  note                                                               
relates a decrement  of $53,000 and DCRA's fiscal  note relates a                                                               
cost of $80,000,  which results in a $30,000 increase  in cost to                                                               
achieve the  earlier discussed  streamlining and  efficiencies to                                                               
the loan programs.                                                                                                              
                                                                                                                                
MR. RUBY  explained that currently  DCRA receives $219,000  in GF                                                               
each year, although none of it  is used by DCRA to administer the                                                               
program.  Those funds are  either provided through a reimbursable                                                               
services agreement (RSA) to the  Division of Economic Development                                                               
for management servicing  of the loans or it's  contracted out to                                                               
RAFS  to provide  technical assistance.    Therefore, the  fiscal                                                               
note  is misleading  because  DCRA  staff time  that  is used  to                                                               
administer  the program  is not  reflected in  the administrative                                                               
funds DCRA specifically  receives to administer the  program.  He                                                               
deferred to  AEA staff  to explain  its fiscal  note and  how the                                                               
program is administered.  Mr.  Ruby related that in actuality the                                                               
funds  received from  the GF  to administer  the program  is less                                                               
than  what is  used by  the  agencies to  administer the  program                                                               
currently.  He opined that  the aforementioned is the difference.                                                               
Furthermore,  all  the  funds  are   coming  from  the  GF.    He                                                               
reiterated  that under  HB 196  the program  would be  funded and                                                               
paid for  from the  loan fund  and its  interest, and  thus there                                                               
would be a decrement of about $260,000 to the GF.                                                                               
                                                                                                                                
8:45:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  pointed out that the  situation in Nikolai                                                               
reflects what is happening in  many communities.  She related her                                                               
understanding  that the  lowering  of the  water  table has  been                                                               
attributed to  the reason  the Kuskokwim  River doesn't  reach as                                                               
far as it  once did, which has resulted in  even the community of                                                               
McGrath experiencing problems with receiving barges.                                                                            
                                                                                                                                
MR. RUBY acknowledged that over  the last two summers McGrath has                                                               
experienced  problems  receiving  barges   late  in  the  season.                                                               
However, he  said he didn't know  to what to attribute  that.  He                                                               
noted that there have been  some significant challenges receiving                                                               
barges in the Dillingham region, particularly to Ekwok.                                                                         
                                                                                                                                
REPRESENTATIVE  CISSNA pointed  out  that why  these changes  are                                                               
happening  isn't  being  reviewed.    She  also  highlighted  the                                                               
environmental and  technical changes  and the out  migration from                                                               
villages  that are  occurring  as well.    There's enough  change                                                               
occurring that  the state  needs to determine  how to  review the                                                               
entire fuel  issue, she  opined.  Although  the state  helps with                                                               
these   difficulties,  the   state   does   things  that   aren't                                                               
sustainable.  For instance, to  these communities the state sends                                                               
equipment that requires diesel fuel.   The state isn't looking at                                                               
the  long-term  and  being  analytical  about  it,  she  charged.                                                               
Therefore, she  inquired as to  what is being done  to understand                                                               
this situation.                                                                                                                 
                                                                                                                                
MR. RUBY  deferred to the  energy experts to answer  the question                                                               
regarding the efforts to supplant  diesel.  However, he related a                                                               
critical piece  of that is  the technical assistance  that builds                                                               
management  capacity, which  doesn't  discriminate  based on  the                                                               
type of energy  being used.  Whether it's diesel  or wind energy,                                                               
there  is turn  over  in technical  staff  with basic  management                                                               
skills for those systems.   Through DCRA and its local governance                                                               
specialist as well  as through the contract  with RAFS, technical                                                               
capacity is  built so that  the local  [staff] know how  to price                                                               
fuel  properly,  no  matter  the   type  of  energy  being  used.                                                               
Therefore,   [the  program]   includes  building   the  technical                                                               
capacity in  communities, which is  transferrable to  running any                                                               
energy source or a local government, for that matter.                                                                           
                                                                                                                                
8:51:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  referred  to ISER's  analysis  of  rural                                                               
Alaska's fuel markets.  The  analysis makes some recommendations,                                                               
including co-locating  the BFRLF  and the  Bulk Fuel  Bridge Loan                                                               
programs.    He  asked  if  the  legislation  includes  the  ISER                                                               
recommendation to  make applications valid  for three years.   He                                                               
then asked if  communities routinely have an  application on file                                                               
for  the  program.    The  ISER  analysis  also  recommends  that                                                               
expansion of  the RAFS training could  avoid communities becoming                                                               
dependent on the  loan programs.  He asked if  anything in HB 196                                                               
accomplishes  the aforementioned.    Representative Saddler  then                                                               
inquired as to  the effect of HB 196 removing  the requirement of                                                               
the local governing  body to endorse an application  for the loan                                                               
programs.                                                                                                                       
                                                                                                                                
MR.  RUBY  specified   that  HB  196  would   require  an  annual                                                               
application.   Since it's  the same  application year-after-year,                                                               
communities  are   encouraged  to  refer  to   the  prior  year's                                                               
application and they don't keep a  copy on file.  He informed the                                                               
committee  that AEA  deals with  about 60  communities under  its                                                               
loan  program;  communities  that  are more  capable  and  credit                                                               
worthy  and which  no  one  hears about.    The communities  with                                                               
problems  who have  been referred  to the  Bulk Fuel  Bridge Loan                                                               
Program vary from  11-18 communities.  He noted that  for a large                                                               
number of  communities serviced under this  program [the process]                                                               
is  routine  and  there  aren't  issues.    With  regard  to  the                                                               
recommendation to expand RAFS training,  Mr. Ruby anticipated the                                                               
continuation of  the technical assistance  program under  HB 196.                                                               
Although  the legislation  doesn't specifically  relate that  the                                                               
training  will   be  expanded,  he   related  the   potential  of                                                               
expanding, particularly  since DCRA is continually  reviewing the                                                               
program  to improve  service.   However,  an  expansion would  be                                                               
dependent upon the  resources available and the need.    Speaking                                                               
to the removal of the requirement  of the local governing body to                                                               
endorse an  application for  the programs,  Mr. Ruby  related his                                                               
understanding that it  was removed because it was  an extra step.                                                               
To  his  knowledge, there  has  been  only one  application  that                                                               
wasn't approvable  by AEA because the  application didn't receive                                                               
the local governing  body's endorsement.  He said  the removal of                                                               
the   endorsement   was   part  of   the   streamlining   effort,                                                               
particularly since it was such an infrequent problem.                                                                           
                                                                                                                                
8:55:48 AM                                                                                                                    
                                                                                                                                
SARA  FISHER-GOAD, Executive  Director,  Alaska Energy  Authority                                                               
(AEA), Department of Commerce,  Community & Economic Development,                                                               
explained that part  of an employee's time is  utilized to manage                                                               
this program,  which is seasonal.   The  late summer and  fall is                                                               
when the bulk  of the applications for the program  arrive.  With                                                               
regard to  AEA's fiscal note,  she explained  that AEA has  had a                                                               
long-standing  funding source  for  the BFRLF  in  the amount  of                                                               
$53,000.   The  aforementioned funding  would be  reduced and  no                                                               
longer be  included in AEA's  operating budget.  The  fiscal note                                                               
also reflects  the proposal in HB  196 to remove the  ability for                                                               
the  loan program  to have  a fee  structure associated  with it.                                                               
Therefore, the $25  application fee and the  loan origination fee                                                               
of the BRLF would no longer be  part of the program.  Ms. Fisher-                                                               
Goad then thanked  the sponsor for working with AEA  and Mr. Ruby                                                               
to develop a  consolidated program, which was  highlighted in the                                                               
governor's  energy   report  as   was  the  elimination   of  the                                                               
incongruent interest rates between the two programs.                                                                            
                                                                                                                                
8:58:33 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ  asked  then  if   what  Ms.  Fisher-Goad  described                                                               
accounts for the $80,400 difference in the fiscal note.                                                                         
                                                                                                                                
MS. FISHER-GOAD said  that she didn't believe that  was quite the                                                               
connection.   The AEA  fiscal note merely  reduces the  funds AEA                                                               
would  have available  to  it  in its  operating  budget and  the                                                               
[lack] of fees as well.   With regard to interest rate estimates,                                                               
Ms.  Fisher-Goad related  that  the intent  is  for the  interest                                                               
earnings from the program to fund the program.                                                                                  
                                                                                                                                
CHAIR  MUNOZ related  her understanding  that  AEA's fiscal  note                                                               
shows a reduction  in revenue in the amount of  $53,000 and DCCED                                                               
shows an  increase in revenue in  the amount of $80,000  by 2013.                                                               
She inquired as to the difference.                                                                                              
                                                                                                                                
8:59:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN  said that  the $53,000 in  AEA's fiscal                                                               
note  is for  services.   Therefore,  he inquired  as  to who  is                                                               
paying the $53,000.                                                                                                             
                                                                                                                                
MS. FISHER-GOAD  explained that  the $53,000  is a  BFRLF funding                                                               
source in AEA's  operating budget, and thus the  expenses pay for                                                               
staff time devoted  to managing the program.   The funding source                                                               
is the BFRLF.                                                                                                                   
                                                                                                                                
9:00:47 AM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD then  pointed  out that  HB  196 references  the                                                               
Power Project  fund.   She informed the  committee that  prior to                                                               
AEA receiving  a significant capital appropriation  to capitalize                                                               
the BFRLF structure,  AEA was concerned that it would  run out of                                                               
money to  commit to loans.   At the time, the  Power Project Fund                                                               
had  significantly  more  cash   available  than  it  would  use.                                                               
Therefore,  AEA structured  a process  by which  the BFRLF  could                                                               
borrow from the  Power Project Fund if necessary.   Shortly after                                                               
that, AEA  received an  injection of  cash and  thus there  is no                                                               
need  for  the BFRLF  to  borrow  from  the Power  Project  Fund.                                                               
Therefore,  HB 196  deletes that  portion of  statute as  it's no                                                               
longer necessary.                                                                                                               
                                                                                                                                
9:02:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA pointed  out that the state  doesn't have a                                                               
long-term fiscal  program and  the state  isn't looking  at rural                                                               
areas in terms of the resources  that could be developed in those                                                               
areas.  She  expressed interest in analyzing  fuel cost increases                                                               
in  terms of  the health  and social  impacts to  those in  rural                                                               
Alaska.  She asked if there  are any efforts to address the long-                                                               
term problems [related to fuel costs and heating rural Alaska].                                                                 
                                                                                                                                
MS. FISHER-GOAD,  regarding long-term programs, pointed  out that                                                               
AEA manages the Renewable Energy  Fund Program.  That program and                                                               
AEA's  effort  on  energy planning  identifies  where  there  are                                                               
available local resources  that could be developed  to provide an                                                               
alternative to the  importation of diesel fuel.   However, diesel                                                               
fuel  is an  important  part  of the  energy  resource for  rural                                                               
Alaska, particularly  in those areas  with no  other alternative.                                                               
For those communities that must  use diesel, AEA ensures that the                                                               
powerhouses  run   as  efficiently  as  possible   and  that  the                                                               
communities  have access  to the  BFRLF or  the Bulk  Fuel Bridge                                                               
Loan Program in order to  ensure the communities have a long-term                                                               
supply of fuel.  Ms.  Fisher-Goad opined that although she didn't                                                               
believe 100 percent  diesel displacement will be  achieved in the                                                               
communities  eligible for  the bulk  fuel  programs, efforts  are                                                               
being  made to  ensure there  is less  dependency on  diesel fuel                                                               
where possible.                                                                                                                 
                                                                                                                                
9:07:48 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  inquired as  to how  long it will  take to  make the                                                               
changes proposed in HB 196.                                                                                                     
                                                                                                                                
9:08:01 AM                                                                                                                    
                                                                                                                                
ADAM  BERG,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature,  pointed  out  that   the  transition  provision  in                                                               
Section  10  of  HB  196  would  allow  DCRA  to  start  adopting                                                               
regulations  in order  to  meet the  January  1, 2012,  effective                                                               
date.                                                                                                                           
                                                                                                                                
9:08:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER expressed concern  with the elimination of                                                               
the  requirement to  receive an  endorsement  from the  governing                                                               
body.   If a utility  can take on  debt that impacts  everyone in                                                               
the community, there should be a  process by which the members of                                                               
the community would at least be  made aware of it and participate                                                               
in the decision.                                                                                                                
                                                                                                                                
MR.  BERG  said  that  he  doesn't  disagree.    That  particular                                                               
language  was suggested  by DCCED.   If  the committee  wishes to                                                               
change the  provision, the sponsor  wouldn't have a  problem with                                                               
it, he said.                                                                                                                    
                                                                                                                                
9:09:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA noted  her  agreement with  Representative                                                               
Gardner.   She then questioned  if someone could  discuss further                                                               
why the requirement was eliminated.                                                                                             
                                                                                                                                
MR. RUBY  informed the committee that  originally the requirement                                                               
to  have an  endorsement  from the  governing  body was  included                                                               
because  the BFRLF  had limited  funds.   There was  concern that                                                               
there  would need  to  be prioritization,  over  which the  local                                                               
government would have  some influence.  The  requirement was also                                                               
adopted  for  the  Bulk  Fuel  Bridge  Loan  Program  because  it                                                               
utilized  the existing  statutory  language for  the  BFRLF.   He                                                               
noted that not  all of these loans are awarded  to a governmental                                                               
entity;  some  loans  are  private   entities.    He  recalled  a                                                               
situation in which a private entity  sought a loan, but the local                                                               
government  refused  to  pass the  resolution.    Therefore,  the                                                               
private entity  wasn't eligible  to receive the  loan and  had to                                                               
seek funding elsewhere.  Mr.  Ruby said that although DCCED isn't                                                               
necessarily  opposed to  the requirement  to have  an endorsement                                                               
from the  governing body, one  of the mandates was  to streamline                                                               
the bulk fuel program.                                                                                                          
                                                                                                                                
9:12:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  inquired  as  to  Representative  Dick's                                                               
opinion on the  elimination of the requirement of  the utility to                                                               
have an endorsement of the governing body.                                                                                      
                                                                                                                                
REPRESENTATIVE  DICK said  that it  would  be nice  if the  local                                                               
utility didn't  have to  work with  the local  government because                                                               
sometimes there is an impasse between the two.                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER  opined that an individual  who objects to                                                               
the actions of the utility would  have no recourse if there is no                                                               
governmental involvement.                                                                                                       
                                                                                                                                
REPRESENTATIVE  CISSNA  reminded  the committee  of  the  earlier                                                               
discussed  situation in  Nikolai when  it had  failed to  hold an                                                               
election.   She  interpreted that  as supporting  the need  to be                                                               
sure that communities  have the democratic process  so that there                                                               
is  broad  representation  of  the community.    The  state,  she                                                               
emphasized,  is pouring  money into  these communities  such that                                                               
they can't make their own decisions.                                                                                            
                                                                                                                                
REPRESENTATIVE  DICK remarked  that he  is struggling  because he                                                               
can see  both sides.  He  agreed that it's important  to have the                                                               
utility  responsive   to  the  community,  but   there  are  some                                                               
communities that have  such dysfunction and the  utility needs to                                                               
continue to function.                                                                                                           
                                                                                                                                
9:17:06 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ announced  that HB 196 would be held  over and public                                                               
testimony would remain open.                                                                                                    
                                                                                                                                
9:17:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  suggested  that perhaps  the  legislation                                                               
could specify that  a private entity would not have  to have that                                                               
community buy-in.   She then asked  if the passage of  HB 196 has                                                               
an element of timeliness.                                                                                                       
                                                                                                                                
9:18:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  recalled testimony  in the  House Special                                                               
Committee  on Energy  from the  Denali  Commission relating  that                                                               
there are communities in the state  with bulk fuel farms that are                                                               
operated  by private  enterprise as  well as  publicly supported.                                                               
He said  he could  see the  inherent conflict  the aforementioned                                                               
would raise.                                                                                                                    
                                                                                                                                
9:18:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK said that he would call his communities.                                                                    
                                                                                                                                
9:18:45 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ announced that HB 196 would be held over.                                                                           
                                                                                                                                

Document Name Date/Time Subjects
HB170-CCED-DCRA-03-18-11.pdf HCRA 3/24/2011 8:00:00 AM
HB 170
Fire Chiefs Assn Support Letter.pdf HCRA 3/24/2011 8:00:00 AM
HB 170
Girdwood Member Support Letter.txt HCRA 3/24/2011 8:00:00 AM
HB 170
NFIB HB170.PDF HCRA 3/24/2011 8:00:00 AM
HB 170
Salcha Fire Rescue Support Letter.pdf HCRA 3/24/2011 8:00:00 AM
HB 170
Hollis Member Support Letter.txt HCRA 3/24/2011 8:00:00 AM
HB 170
Hanies Asst Chief Support Letter.txt HCRA 3/24/2011 8:00:00 AM
HB196 repealer statutes.docx HCRA 3/24/2011 8:00:00 AM
HB 196
HB196repealstatutes.docx HCRA 3/24/2011 8:00:00 AM
HB 196
Haines Asst. Chief support HB 170.txt HCRA 3/24/2011 8:00:00 AM
HB 170
Valdez Member Major Support Letter.txt HCRA 3/24/2011 8:00:00 AM
HB 170
HB 170 Letter 3-23-11 CES.pdf HCRA 3/24/2011 8:00:00 AM
HB 170
Chena Member Solomon Support Letter.txt HCRA 3/24/2011 8:00:00 AM
HB 170
CGFR-support-for-HB170.pdf HCRA 3/24/2011 8:00:00 AM
HB 170
Alaska Professional Volunteers Support Letter.txt HCRA 3/24/2011 8:00:00 AM
HB 170
Alaska Firefighters Assn Support Letter.tif HCRA 3/24/2011 8:00:00 AM
HB 170