Legislature(2011 - 2012)BARNES 124

03/08/2011 03:00 PM House ENERGY


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03:11:50 PM Start
03:12:49 PM HB103
05:00:41 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 103 POWER PROJECT; ALASKA ENERGY AUTHORITY TELECONFERENCED
Moved CSHB 103(ENE) Out of Committee
         HB 103-POWER PROJECT; ALASKA ENERGY AUTHORITY                                                                      
                [Contains discussion of HB 119]                                                                             
                                                                                                                                
3:12:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT  announced that the  only order of  business would                                                              
be HOUSE  BILL NO.  103, "An  Act relating  to the procurement  of                                                              
supplies, services,  professional  services, and construction  for                                                              
the  Alaska Energy  Authority;  establishing  the Alaska  Railbelt                                                              
energy fund  and relating to the  fund; relating to  and repealing                                                              
the Railbelt energy  fund; relating to the quorum of  the board of                                                              
the  Alaska  Energy  Authority;  relating  to the  powers  of  the                                                              
Alaska Energy  Authority regarding  employees and the  transfer of                                                              
certain  employees of  the  Alaska Industrial  Development  Export                                                              
Authority to  the Alaska Energy  Authority; relating  to acquiring                                                              
or constructing  certain projects by the Alaska  Energy Authority;                                                              
relating to  the definition of  'feasibility study' in  the Alaska                                                              
Energy Authority Act; and providing for an effective date.                                                                      
                                                                                                                                
3:13:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT said  additional public testimony on  HB 103 would                                                              
be taken.                                                                                                                       
                                                                                                                                
3:13:39 PM                                                                                                                    
                                                                                                                                
BECKY  LONG,  Talkeetna,  Alaska,  provided a  synopsis  from  the                                                              
public   viewpoint  of   the   Alaska  Energy   Authority   (AEA),                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED),  meetings on  the  Railbelt large  hydroelectric  (hydro)                                                              
project.  She  informed the committee she attended  the open house                                                              
presentations  in  Talkeetna,  Palmer,   and  Anchorage,  and  has                                                              
secondhand information  from the meeting  in Fairbanks.   Ms. Long                                                              
stated that  there is  high interest in  the project  from members                                                              
of  the public;  in  fact, approximately  150  people attended  in                                                              
Fairbanks,  approximately   150  people  attended   in  Talkeetna,                                                              
approximately  80 people  attended  in Palmer,  and  approximately                                                              
120 people  attended in Anchorage.   The public  submitted written                                                              
questions   after  the   presentations   because   there  was   no                                                              
opportunity for  public comment  at the meetings.   There  were 43                                                              
questions  asked in Fairbanks,  42 questions  asked in  Anchorage,                                                              
43  questions  asked  in  Palmer,   and  101  questions  asked  in                                                              
Talkeetna.    The  most commonly  asked  question  was:  "Why  the                                                              
Susitna Dam is  the only alternative being offered  to fulfill the                                                              
50  percent renewable  mandate, and  why isn't  the Alaska  Energy                                                              
Authority  (AEA) pursuing  energy efficiency,  solar, and  wind in                                                              
future  plans?"      Ms. Long  noted  that  public  members  often                                                              
referred   to   the   Alaska   Conservation    Alliance   Railbelt                                                              
Electricity Efficiency  Landscape (REEL) in Alaska  Roadmap study,                                                              
which  showed   that  a   50  percent   improvement  in   Railbelt                                                              
electrical  efficiency could generate  an increase  of up  to $947                                                              
million in  economic output,  $290 million  in wages,  $53 million                                                              
in  business  income,  9,350  jobs,   and  up  to  a  425-megawatt                                                              
reduction in  electrical demand.   The second-most-asked  question                                                              
pertained to  all of  the financial  implications of the  project,                                                              
and the  state's return  on this investment.   For example,  there                                                              
were  concerns  about whether  other  important  renewable  energy                                                              
projects  would be  neglected  if  the state  makes  such a  large                                                              
financial commitment  to one project.   Ms. Long pointed  out that                                                              
the  governor's budget  this  year included  $65  million for  the                                                              
Susitna  hydro  project, and  only  $41.5  million for  all  other                                                              
renewable   energy  projects.     The  third-most-asked   question                                                              
regarded  the public  process.   Representatives  from AEA  stated                                                              
that it  would not  have the authority  to pursue Susitna  without                                                              
the  passage   of   HB  103,  and   that  there   would  be   more                                                              
opportunities  for  public  comment   during  the  Federal  Energy                                                              
Regulatory   Commission  (FERC)   licensing  process.     However,                                                              
residents expressed  concern that  the state process,  through the                                                              
legislature  and   AEA,  has  occurred  without   adequate  public                                                              
comment.  She said,  "Why has there been no public  process on the                                                              
state level  approving Susitna, and  yes, there is a  huge federal                                                              
public  process on  down  the line,  but the  momentum  is now  to                                                              
commit significant  state resources  to this megaproject."   Other                                                              
questions  asked  were about  fisheries,  seismic,  sedimentation,                                                              
dam configuration,  wildlife, climate  change, access,  threats to                                                              
human  safety, studies  from the  '80s, and hydrology.   Ms.  Long                                                              
acknowledged  that  there  are  gaps  in data,  and  that  AEA  is                                                              
studying  the  gaps;  however,  AEA  and  its  consultants  cannot                                                              
answer questions  about dam  failure, and how  long it  would take                                                              
floodwaters  to   reach  Trapper  Creek  and  Talkeetna.     Other                                                              
specific  needs  are  studies  on   reservoir-induced  seismicity,                                                              
genetic  studies,  sedimentation,  spring  migration  of  caribou,                                                              
economic impact  studies on Talkeetna, archeological  studies, and                                                              
effects on  spring ice  flows.  In  conclusion, she  expressed her                                                              
opposition  to the  dam, and opined  AEA and  its consultants  are                                                              
putting  a positive  spin on  the  fisheries, seismic,  hydrology,                                                              
and environmental  impact data  that is known.   In  fact, members                                                              
of  the public  have  their  own  knowledge and  experience  about                                                              
river-altering projects,  and it is  known "that there  are always                                                              
unforeseen consequences  beyond what  the scientists  can predict,                                                              
and  we have  to  live with  the  consequences,  nothing alters  a                                                              
river as totally as a dam."                                                                                                     
                                                                                                                                
3:20:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  understood  Ms.  Long's  objections  to  the                                                              
Susitna dam  and asked whether she  was opposed to all  aspects of                                                              
the bill.                                                                                                                       
                                                                                                                                
3:20:43 PM                                                                                                                    
                                                                                                                                
MS. LONG has heard  that the concepts are good,  but opposition to                                                              
HB  103  is the  only  way  to  communicate  her concerns  to  the                                                              
legislature about moving forward with the Susitna dam.                                                                          
                                                                                                                                
3:21:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked whether  there was  any part  of the                                                              
project or the bill that Ms. Long could support.                                                                                
                                                                                                                                
3:21:39 PM                                                                                                                    
                                                                                                                                
MS. LONG said no.                                                                                                               
                                                                                                                                
3:21:42 PM                                                                                                                    
                                                                                                                                
PAUL  D. KENDALL,  expressed his  disappointment  with the  public                                                              
meeting  on  the Susitna  dam  at  the  Dena'ina Civic  Center  in                                                              
Anchorage.   He opined  the Susitna  dam could  be a project  that                                                              
all  in  Alaska  could  support;   however,  although  "top  notch                                                              
players and  prominent members of  the community" were  present at                                                              
the meeting,  he did  not hear  an intelligent  discussion  of the                                                              
project,  but  questions  were  taken from  cards  passed  out  to                                                              
participants.   Mr. Kendall  considered this  type of  process and                                                              
focus group  corrupted and debilitating  to a strong  and cohesive                                                              
community.   He pointed  out the  meeting could  have been  lively                                                              
and  engaging, and  could  have  provided lots  of  detail so  the                                                              
community could  understand what AEA  is.  Mr. Kendall  stated his                                                              
opposition  to  the dam  because  it  is  isolated, and  will  not                                                              
generate power  for 11 years; in  fact, in 11 years there  will be                                                              
a  new  shift in  the  generation,  distribution,  ownership,  and                                                              
design of energy.   Any consideration of the dam  must be based on                                                              
a preponderance  of intelligent and heartfelt discussion  with all                                                              
Alaskans.   This project represents  another failure of  Alaska to                                                              
look  at  all of  its  communities  as  a package.    Mr.  Kendall                                                              
indicated he would  provide the committee with  additional written                                                              
testimony.                                                                                                                      
                                                                                                                                
3:28:56 PM                                                                                                                    
                                                                                                                                
BILL  NOLL,  Spokesperson,  Alaska   Ratepayers  Inc.,  noted  his                                                              
experience  with   public  processes  and  pointed   out  that  at                                                              
subsequent meetings  held by AEA  and its consultants,  there will                                                              
lots of opportunity  for discussion and the interchange  of ideas.                                                              
Also,  he  understood  that  the  scope  of  the  proposed  Watana                                                              
project   includes   a  transmission   line   out   to  the   main                                                              
transmission line on the Parks Highway.                                                                                         
                                                                                                                                
3:30:25 PM                                                                                                                    
                                                                                                                                
GENE THERRIAULT,  Vice President  of Resource Development,  Golden                                                              
Valley  Electric  Association  (GVEA), stated  GVEA  supports  the                                                              
passage  of  HB  103.   He  referred  to  his  previous  testimony                                                              
regarding  GVEA's concern  about the  language in  the section  of                                                              
the  original bill  that deals  with  AEA subsidiary  corporations                                                              
operating  power projects.   This concern  is partially  mitigated                                                              
by the wording of  AS 44.83.396, which requires AEA  to enter into                                                              
contracts with  a utility  purchasing power  from an AEA  project,                                                              
for  the operation  of the  project.   In  addition, existing  law                                                              
mandates a process  to select an operator when there  is more than                                                              
one  wholesale  customer.   Mr.  Therriault  advised  that  during                                                              
deliberations  on  the  bill,  GVEA  wants  to  ensure  that  this                                                              
section  of  law  will  apply  to   AEA  subsidiary  corporations,                                                              
especially  since  the  bill  will  apply to  a  number  of  other                                                              
projects, and not just the Susitna dam.                                                                                         
                                                                                                                                
3:33:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  for  more  information  on  GVEA's                                                              
concerns.                                                                                                                       
                                                                                                                                
3:33:24 PM                                                                                                                    
                                                                                                                                
MR.  THERRIAULT  explained  that  AS 44.83.396  instructs  AEA  on                                                              
projects that it  owns, to enter into contracts  so that utilities                                                              
that purchase  power  end up operating  the plant.   For  example,                                                              
Homer  Electric  Association  (HEA)   operates  the  Bradley  Lake                                                              
Hydroelectric  Project  (Bradley  Lake  Hydro).   This  bill  will                                                              
empower AEA to  create subsidiary corporations, and  GVEA wants to                                                              
ensure  that the  existing language  will also  apply to  projects                                                              
that are owned by AEA subsidiary corporations.                                                                                  
                                                                                                                                
3:34:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  PRUITT  closed public  testimony.    He then  asked  Ms.                                                              
Fisher-Goad to address the issue raised by Mr. Therriault.                                                                      
                                                                                                                                
3:35:39 PM                                                                                                                    
                                                                                                                                
SARA  FISHER-GOAD,  Executive Director,  Alaska  Energy  Authority                                                              
(AEA), Department  of Commerce,  Community & Economic  Development                                                              
(DCCED), deferred the question to Mr. Bjorkquist.                                                                               
                                                                                                                                
3:36:30 PM                                                                                                                    
                                                                                                                                
BRIAN  BJORKQUIST, Senior  Assistant Attorney  General, Labor  and                                                              
State Affairs Section,  Civil Division (Anchorage),  Department of                                                              
Law,  said Section  11,  page 3,  lines 13-17,  of  the bill,  are                                                              
designed to  address the question  from GVEA.   Section 11  adds a                                                              
new subsection to  AS 44.83.396 with the intent that  if a project                                                              
is within  a subsidiary, then the  subsidiary must comply  with AS                                                              
44.83.396, and  if a project is  within AEA, AEA must  comply with                                                              
AS 44.83.396.  He  restated that AS 44.83.396 is  the section that                                                              
deals with  AEA contracting  with utilities  for the operation  of                                                              
the project.                                                                                                                    
                                                                                                                                
3:37:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT surmised  any loophole would be  closed by Section                                                              
11.                                                                                                                             
                                                                                                                                
MR. BJORKQUIST said yes.                                                                                                        
                                                                                                                                
3:38:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER  moved Amendment  1, labeled 27-GH1822\A.7,  Kane,                                                              
3/7/11, which read:                                                                                                             
                                                                                                                                
     Page 4, line 22:                                                                                                           
                                                                                                                                
             Delete "construction,"                                                                                         
                                                                                                                                
3:38:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER objected for discussion purposes.                                                                        
                                                                                                                                
CO-CHAIR  PRUITT  stated  the amendment  removes  the  extra  word                                                              
"construction" on page 4, line 22, of the bill.                                                                                 
                                                                                                                                
MS. FISHER-GOAD had no objection to the amendment.                                                                              
                                                                                                                                
3:39:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER removed  his  objection.   There being  no                                                              
further  objection  to the  adoption  of Amendment  1,  it was  so                                                              
ordered.                                                                                                                        
                                                                                                                                
3:39:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER  moved Amendment  2, labeled 27-GH1822\A.8,  Kane,                                                              
3/7/11, which read:                                                                                                             
                                                                                                                                
     Page 3, line 4:                                                                                                            
                                                                                                                                
              Delete "authority may use"                                                                                        
              Insert "legislature may appropriate"                                                                              
                                                                                                                                
3:39:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER objected for discussion purposes.                                                                        
                                                                                                                                
CO-CHAIR  FOSTER explained  the purpose  of the  amendment was  to                                                              
authorize  the legislature  to appropriate  money  from the  newly                                                              
created  Alaska   Railbelt  Energy  Fund   as  a  way   to  assure                                                              
legislative powers of appropriation.                                                                                            
                                                                                                                                
3:40:12 PM                                                                                                                    
                                                                                                                                
MS. FISHER-GOAD  said AEA  has no objection  to the  amendment, as                                                              
its intent  is to  make the proposed  legislation consistent  with                                                              
the  existing  Railbelt  Energy Fund  which  requires  legislative                                                              
appropriation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER  asked whether  a  "legislative  oversight                                                              
appropriation"  is required at  every expenditure,  or for  a one-                                                              
time study.                                                                                                                     
                                                                                                                                
3:41:21 PM                                                                                                                    
                                                                                                                                
MR.   BJORKQUIST   advised  it   is   a  matter   of   legislative                                                              
prerogative;  for example,  the legislature  could make one  large                                                              
appropriation  to  AEA  out  of  the fund  for  multiple  tasks  -                                                              
similar  to appropriations  from the  general fund  - choosing  to                                                              
make  broad  appropriations  for  many tasks,  or  it  could  make                                                              
narrow appropriations for limited tasks.                                                                                        
                                                                                                                                
3:42:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  withdrew his  objection.  There being  no                                                              
further objections to adopting Amendment 2, it was so ordered.                                                                  
                                                                                                                                
3:42:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  moved  to  adopt Amendment  3,  labeled  27-                                                              
GH1822\A.4, Kane, 3/4/11, which read:                                                                                           
                                                                                                                                
     Page 1, lines 1 - 2:                                                                                                       
          Delete "relating to the procurement of supplies,                                                                    
     services, professional services, and construction for                                                                    
     the Alaska Energy Authority;"                                                                                            
                                                                                                                                
     Page 1, line 11, through page 2, line 13:                                                                                  
          Delete all material.                                                                                                  
                                                                                                                                
     Page 2, line 14:                                                                                                           
          Delete "Sec. 2"                                                                                                     
          Insert "Section 1"                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 7, line 8:                                                                                                            
          Delete "Section 13"                                                                                                   
          Insert "Section 12"                                                                                                   
                                                                                                                                
     Page 7, line 10:                                                                                                           
          Delete "sec. 4"                                                                                                       
          Insert "sec. 3"                                                                                                       
                                                                                                                                
     Page 7, line 14:                                                                                                           
          Delete "sec. 16"                                                                                                      
          Insert "sec. 15"                                                                                                      
                                                                                                                                
                                                                                                                                
3:42:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER objected for discussion purposes.                                                                        
                                                                                                                                
3:42:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK explained  Amendment 3  would require  AEA to                                                              
use  the  state's  normal  procurement  procedures.    The  agency                                                              
reasoned that  it needs its  own procurement code  because "others                                                              
do  it,"  and  because  AEA  does  not  want  to  go  through  the                                                              
administration for the  appeal process.  He said he  was unsure of                                                              
how   the   current   procurement    code   hinders   a   project.                                                              
Representative Tuck  pointed out  that the contractors  bidding on                                                              
the Susitna  dam are  the same  ones that  bid on other  projects,                                                              
and the state procurement  code is a proven method  to ensure that                                                              
experts  are at  work.    In addition,  it  is fair,  proven,  and                                                              
demonstrates  good  business  practices  by  its  appeal  process.                                                              
Finally, he  cautioned against creating  a new bureaucracy,  "When                                                              
really [it]  hasn't been  demonstrated what's  wrong with  the one                                                              
that we have."                                                                                                                  
                                                                                                                                
REPRESENTATIVE  LYNN agreed.   His  experience is  that the  state                                                              
has a tried and true procurement code.                                                                                          
                                                                                                                                
3:45:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  observed this is the  largest construction                                                              
project  undertaken by  the state.    He asked  whether there  are                                                              
cost  savings or  advantages  to  using a  "differently  sculpted,                                                              
more finely crafted procurement process" for a large project.                                                                   
                                                                                                                                
REPRESENTATIVE TUCK  advised that the state has  handled all sizes                                                              
of projects well  with its current procurement code  because it is                                                              
streamlined.    Much  work  was done  to  centralize  the  process                                                              
through  the  Department  of  Administration  (DOA)  in  order  to                                                              
maximize  the purchasing  power of  the state.   Furthermore,  the                                                              
state  procurement code  is innovative  and  includes new  methods                                                              
for overseeing projects.                                                                                                        
                                                                                                                                
3:47:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER restated the importance of cost savings.                                                                 
                                                                                                                                
3:47:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  recalled   his  experience  serving  on  the                                                              
Anchorage  School Board during  a time  without proper  oversight,                                                              
and  called  attention  to  problems   with  construction  of  the                                                              
improvements to the  Port of Anchorage.  Referring  to an audit of                                                              
AEA  in 2008,  he  pointed  out  that at  that  time AEA  was  not                                                              
following federal  and state procurement codes, or  best practices                                                              
within the industry.                                                                                                            
REPRESENTATIVE  SADDLER  asked whether  recommendations  from  the                                                              
audit have been implemented.                                                                                                    
                                                                                                                                
3:48:43 PM                                                                                                                    
                                                                                                                                
MS. FISHER-GOAD  responded  that AEA wants  this section  included                                                              
in  the   proposed  legislation   in  order  to   consolidate  its                                                              
procurement  practices under  one set  of regulations.   There  is                                                              
some confusion  when this  provision is  discussed along  with the                                                              
Susitna  project,  because a  large  project requires  a  specific                                                              
procurement plan, whether  AEA is operating under AS  36.30 or its                                                              
own rules.    Ms. Fisher-Goad  opined there is nothing  wrong with                                                              
the  existing  code, but  to  procure  on behalf  of  communities,                                                              
those  procurements are  outside  of the  procurement  code.   She                                                              
clarified that  AEA's intent is to  establish a set of  rules that                                                              
covers  all of  its projects,  and to  have an  appeal process  to                                                              
AEA's board  of directors,  rather than to  DOA or the  Department                                                              
of Transportation  & Public Facilities (DOTPF) commissioner.   She                                                              
acknowledged that  her agency needs to further  explain the issues                                                              
with the procurement  code and that the provision  does not relate                                                              
to  the Susitna  project  specifically,  but with  routine  tasks.                                                              
Ms.  Fisher-Goad  said  AEA  does  not have  a  problem  with  the                                                              
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SADDLER  surmised that  if Amendment 3  passed, the                                                              
state procurement code would apply.                                                                                             
                                                                                                                                
3:50:51 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD  indicated that  AEA  would  use the  code  where                                                              
appropriate, and  continue to follow its other  rules with respect                                                              
to procurements  it  does on behalf  of communities  that  are not                                                              
subject to AS 36.30.                                                                                                            
                                                                                                                                
REPRESENTATIVE OLSON  asked whether this amendment  would mean the                                                              
use of  the same  procurement code  that was  used on  the private                                                              
Goose  Creek Correctional  Center in  the Matanuska-Susitna  (Mat-                                                              
Su) Valley.                                                                                                                     
                                                                                                                                
3:51:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  assumed the  same procurement code  was used;                                                              
however,  he opined  one of the  problems with  that project  came                                                              
from the  oversight authority given  to the Mat-Su Borough  by the                                                              
state.   The  location of the jail was moved,  creating a need for                                                              
support  staff  services  and  water  facilities  not  related  to                                                              
problems with the procurement code.                                                                                             
                                                                                                                                
REPRESENTATIVE SADDLER withdrew his objection.                                                                                  
                                                                                                                                
CO-CHAIR PRUITT reopened public testimony.                                                                                      
                                                                                                                                
3:52:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK   asked  for  information  on   the  lack  of                                                              
oversight  over  procurement  methods   by  the  Anchorage  School                                                              
District.                                                                                                                       
                                                                                                                                
DON SMITH, Anchorage,  Alaska, said he was not  familiar with this                                                              
issue.                                                                                                                          
                                                                                                                                
3:55:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  PRUITT, after  ascertaining  that there  was no  further                                                              
objection to adopting Amendment 3, indicated it was so ordered.                                                                 
                                                                                                                                
3:55:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  moved to  adopt Amendment 4,  labeled 27-                                                              
GH1822\A.3, Kane, 3/4/11, which read:                                                                                           
                                                                                                                                
     Page 1, line 5:                                                                                                            
          Delete "regarding employees and"                                                                                    
          Insert "and to"                                                                                                     
                                                                                                                                
     Page 5, line 25, following "projects":                                                                                 
          Insert ";                                                                                                         
               (20)  to carry out and be guided by the                                                                      
     state energy policy described in AS 44.99.115"                                                                         
                                                                                                                                
3:55:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER objected for discussion purposes.                                                                        
                                                                                                                                
3:55:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN recalled the  past successful  efforts to                                                              
pass  meaningful   legislation  establishing  the   goals  of  the                                                              
state's  energy  policy.     The  proposed  legislation  does  not                                                              
mention the  requirements to  meet the  state's energy  policy and                                                              
he urged that  AEA be tasked with following the  framework created                                                              
by the legislature.                                                                                                             
                                                                                                                                
3:57:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER read  the  goals from  the state's  energy                                                              
policy   as  follows:      to   promote  energy   efficiency   and                                                              
conservation;   to   promote   development    of   renewable   and                                                              
nonrenewable  energy resources;  to  promote economic  development                                                              
through   cost-effective,   long-term   sources  of   energy   for                                                              
communities  statewide.    He opined  HB  103  accomplishes  those                                                              
goals, without  binding a  specific project to  all of  the goals,                                                              
and said he did not support the amendment.                                                                                      
                                                                                                                                
REPRESENTATIVE  PETERSEN pointed  out HB  103 is  not specific  to                                                              
one project,  but gives AEA  the authority to create  subsidiaries                                                              
and  to manage  numerous  projects, and  he  said he  felt it  was                                                              
important to set in statute the goals set by the legislature.                                                                   
                                                                                                                                
3:58:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON  agreed with Representative Saddler  that the                                                              
amendment is unnecessary.                                                                                                       
                                                                                                                                
REPRESENTATIVE  TUCK observed  that  AEA is  going to  be its  own                                                              
corporation,  and stated  that  there is  value  in reminding  AEA                                                              
that its purpose is to follow the state energy policy.                                                                          
                                                                                                                                
REPRESENTATIVE  SADDLER  assured the  committee  HB  103 "does  in                                                              
fact, carry through the intent of that policy."                                                                                 
                                                                                                                                
REPRESENTATIVE  PETERSEN recalled  the state's  energy policy  was                                                              
written by  legislators and  by stakeholders  from throughout  the                                                              
state  who worked  very  hard.   He  said  it is  a  good idea  to                                                              
explicitly  state   in  the  bill   the  guidelines  set   by  the                                                              
legislature.                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD  agreed  that  a good  statewide  policy  is  now                                                              
established  and codified  in  law.   As a  matter  of fact,  this                                                              
amendment  is  not  necessary  because   all  state  agencies  are                                                              
expected  to  follow  statewide  policy  through  their  programs;                                                              
furthermore,  language  in  the statewide  policy  includes  items                                                              
that  do  not pertain  to  AEA  programs,  such as  references  to                                                              
transportation,  heating programs,  and permitting and  regulatory                                                              
processes.  She  assured the committee that AEA  follows the state                                                              
energy policy  and pointed out that  HB 103 seeks  to re-establish                                                              
powers taken away in 1993.                                                                                                      
                                                                                                                                
4:02:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN withdrew Amendment 4.                                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER withdrew his objection.                                                                                  
                                                                                                                                
4:03:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN moved to adopt Amendment 5, 27-                                                                         
GH1822\A.5, Kane, 3/7/11, which read:                                                                                           
                                                                                                                                
     Page 2, line 23:                                                                                                           
          Delete "and other staff"                                                                                              
                                                                                                                                
     Page 3, line 22:                                                                                                           
          Delete "and employees of the authority are"                                                                           
          Insert "of the authority is"                                                                                          
                                                                                                                                
     Page 7, line 3, following "EMPLOYEES.":                                                                                    
          Insert "(a)"                                                                                                          
                                                                                                                                
     Page 7, following line 7:                                                                                                  
     Insert a new subsection to read:                                                                                           
          "(b)  Notwithstanding any other provision of law,                                                                     
     staff members  of the Alaska Industrial  Development and                                                                   
     Export  Authority who  will be transferred  as staff  to                                                                   
     the Alaska Energy  Authority and who are employed  as of                                                                   
     the effective date of this section                                                                                         
               (1)  shall immediately be appointed to the                                                                       
     classified service upon their transfer;                                                                                    
              (2)  may not have a reduction in pay                                                                              
               (A)  solely because of the assignment                                                                            
     described in this subsection; or                                                                                           
               (B)  if the employee is assigned to a                                                                            
     position  in the classified  service that is  classified                                                                   
     at  a lower  rate of  pay than  that  received when  the                                                                   
     position was assigned to the exempt service;                                                                               
               (3)  shall retain the step status previously                                                                     
     held  immediately  before  the  transfer  and  shall  be                                                                   
     entitled to  receive any merit or cost-of-living  salary                                                                   
     increases   they  would  receive   had  they  not   been                                                                   
     transferred."                                                                                                              
                                                                                                                                
4:03:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER objected for discussion purposes.                                                                        
                                                                                                                                
4:04:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN explained  that  Amendment 5  establishes                                                              
that  AEA   employees,  with  the   exception  of   the  executive                                                              
director,  would  be  considered  classified  employees,  and  not                                                              
exempt employees.   Language in the bill infers  that some exempt,                                                              
higher-level  appointees  would   be  exempt  from  civil  service                                                              
protections afforded  to other employees if they  were transferred                                                              
between  AEA  and  the  Alaska  Industrial  Development  &  Export                                                              
Authority  (AIDEA),  DCCED.   He  opined  after such  a  transfer,                                                              
employees  may find themselves  "performing  the same duties,  but                                                              
being  considered   exempt  employees."    This   amendment  would                                                              
protect the employees  and protect the state from  possible action                                                              
taken by an employee.                                                                                                           
                                                                                                                                
4:05:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK observed some  employees are "more  technical                                                              
than they  are going to be  political," and consistency  should be                                                              
maintained during  changes in administrations in order  to pass on                                                              
institutional  knowledge.    He  asked for  clarification  of  the                                                              
purpose of the amendment.                                                                                                       
                                                                                                                                
4:06:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN read from the amendment the following:                                                                  
                                                                                                                                
     Notwithstanding  any  other   provision  of  law,  staff                                                                   
     members  of   the  Alaska  Industrial   Development  and                                                                   
     Export  Authority  who  are  transferred,  who  will  be                                                                   
     transferred  as staff  to  the Alaska  Energy  Authority                                                                   
     and who  are employed as of  the effective date  of this                                                                   
     section,   shall  immediately   be   appointed  to   the                                                                   
     classified  service [upon]  their transfer  and may  not                                                                   
     have  a   reduction  in  pay   solely  because   of  the                                                                   
     assignment described in the subsection.                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE PETERSEN restated the purpose of the                                                                             
amendment is to protect employees and the state.                                                                                
                                                                                                                                
                                                                                                                                
4:07:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON asked whether this was a Senate amendment.                                                                 
                                                                                                                                
REPRESENTATIVE  PETERSEN responded that  he wrote this  amendment,                                                              
although it may be similar.                                                                                                     
                                                                                                                                
4:08:13 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD stated  that  AEA does  not  support Amendment  5                                                              
because  AIDEA employees  who manage  and staff  AEA programs  are                                                              
exempt  employees,  as has  been  the case  since  1993, and  also                                                              
since 1999,  when Division  of Energy  programs were  incorporated                                                              
back into AEA,  and AIDEA hired Division of Energy  employees into                                                              
exempt service.   At  this time,  AEA seeks  to have employees  in                                                              
order  to provide  AEA  staff  to work  on  its programs,  and  to                                                              
provide  "truth in  budgeting;"   for  example, there  is over  $5                                                              
million in  interagency receipts  reflected  in AIDEA's budget  as                                                              
funds transferred  from AEA to pay  for the staff who  work on AEA                                                              
programs.  The intent  of this provision of the  legislation is to                                                              
maintain the status  quo, thus the folks who  were AIDEA employees                                                              
prior  to the  effective date  of  the bill  would maintain  their                                                              
current status as  exempt employees.  Regarding  the concern about                                                              
turnover,  she  indicated  that  neither  AEA nor  AIDEA  have  an                                                              
"election  cycle" process,  and  there is  little turnover  within                                                              
the  agencies.    Also,  Ms.  Fisher-Goad  pointed  out  that  the                                                              
amendment would  create three  tiers of  employees:  AIDEA  exempt                                                              
employees;  AEA  current hold-harmless  employees;  potential  new                                                              
AEA employees  who  may be paid  less under  a classified  system.                                                              
Furthermore,  paragraph   (3)  of  the  amendment   requires  that                                                              
employees  retain  a  step  status   previously  held  immediately                                                              
before the  transfer, and shall  be entitled to receive  any merit                                                              
or cost-of-living  salary  increases they  would receive  had they                                                              
not been  transferred.  She opined  a classified employee  held to                                                              
his  or  her  previous  exempt status  would  not  get  a  benefit                                                              
negotiated for  them, and this  would eliminate a  union's ability                                                              
to negotiate benefits.                                                                                                          
                                                                                                                                
4:13:00 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD  advised  that   exempt  employees  benefit  from                                                              
federal and  state laws regarding  discrimination, are  covered by                                                              
the  Whistleblower Protection  Act  of 1989,  and  are covered  by                                                              
the  Public  Employees   Relations  Act  of  1947   (PERA),  which                                                              
provides for collective bargaining.                                                                                             
                                                                                                                                
REPRESENTATIVE TUCK  referred to Ms. Fisher-Goad's  statement that                                                              
AEA would  not be able  to pay new  employees "higher,"  and asked                                                              
whether  it is  AEA's  desire "to  recruit  qualified people,  and                                                              
being able  to get them  at a range that  you can retain  and keep                                                              
them."                                                                                                                          
                                                                                                                                
4:14:00 PM                                                                                                                    
                                                                                                                                
MS. FISHER-GOAD  responded that  during a classification  process,                                                              
an employee  going from an exempt  to a classified  status usually                                                              
is put at  a lower range.   This amendment would keep  an existing                                                              
employee paid at  the same level, but a new AEA  employee would be                                                              
paid at a  lower range.  If  there were a negotiated  benefit to a                                                              
classified  employee, the  language  in paragraph  (3) would  hold                                                              
the employee  to his  or her  previous exempt  status.   Also, AEA                                                              
would  be  the   only  agency  to  have  this   classification  of                                                              
employee.                                                                                                                       
                                                                                                                                
4:15:45 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.   Representatives Petersen  and Tuck                                                              
voted  in favor  of  Amendment 5.   Representatives  Lynn,  Olson,                                                              
Saddler,  Foster,  and  Pruitt   voted  against  it.    Therefore,                                                              
Amendment 5 failed by a vote of 2-5.                                                                                            
                                                                                                                                
4:16:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  moved to  adopt Amendment 6,  labeled 27-                                                              
GH1822\A.6, Kane, 3/7/11, which read:                                                                                           
                                                                                                                                
     Page 1, line 4:                                                                                                            
     Following "quorum":                                                                                                      
          Insert "and membership"                                                                                             
          Following "Authority;":                                                                                             
          Insert "establishing an Alaska Energy Authority                                                                     
     Advisory Board;"                                                                                                         
                                                                                                                                
     Page 3, following line 9:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 5. AS 44.83.030 is amended to read:                                                                         
          Sec. 44.83.030. Membership of the authority. The                                                                    
     directors  of  the  Alaska   Energy  Authority  are  the                                                                   
     members  of   the  Alaska  Industrial   Development  and                                                                   
     Export Authority  and two members of the  advisory board                                                               
     elected under AS 44.83.055."                                                                                           
                                                                                                                                
     Renumber the following bill sections to read.                                                                              
                                                                                                                                
     Page 3, following line 23:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "*  Sec.  8. AS 44.83  is  amended  by adding  a  new                                                               
     section to article 1 to read:                                                                                              
          Sec. 44.83.055. Alaska Energy Authority Advisory                                                                    
     Board. (a)  The Alaska  Energy Authority Advisory  Board                                                                 
     is  established   and  is  made  up  of   seven  members                                                                   
     appointed  by  the  directors   of  the  authority.  The                                                                   
     advisory  board  members shall  serve  staggered  three-                                                                   
     year terms  and may be removed  by the directors  of the                                                                   
     authority  for cause. The  advisory board shall  consist                                                                   
     of  three   public  members   and  four  other   members                                                                   
     qualified as follows:                                                                                                      
               (1)  one member with expertise in operation                                                                      
     of power plants serving urban areas of the state;                                                                          
               (2)  one member with expertise in providing                                                                      
     energy to rural areas of the state;                                                                                        
               (3)  one member with expertise in energy                                                                         
     efficiency improvements;                                                                                                   
               (4)  one member with expertise in consumer                                                                       
     and ratepayer advocacy.                                                                                                    
          (b)  Each year, the advisory board shall elect                                                                        
     two of  its members  to serve as  voting members  of the                                                                   
     board    of   directors   of    the   authority    under                                                                   
     AS 44.83.030.                                                                                                              
          (c)  The advisory board shall advise the board of                                                                     
     directors  and executive  director of  the authority  on                                                                   
     how  to fulfill  most  efficiently and  effectively  the                                                                   
     corporate   purpose  of  the   authority  in  the   best                                                                   
     interest of the residents of the state.                                                                                    
          (d)  The advisory board may create subcommittees                                                                      
     to  consider  specific  projects and  programs  and  may                                                                   
     appoint  persons not  serving on the  advisory board  to                                                                   
     serve on a subcommittee.                                                                                                   
          (e)  The members of the advisory board serve                                                                          
     without compensation  but shall receive the  same travel                                                                   
     pay  and per  diem as  provided  by law  for members  of                                                                   
     boards and commissions under AS 39.20.180."                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 6, following line 26:                                                                                                 
          Insert a new bill section to read:                                                                                    
        *  Sec.  16.  The  uncodified law  of  the  State  of                                                                 
     Alaska is amended by adding a new section to read:                                                                         
          INITIAL APPOINTMENTS AND TERMS. Notwithstanding                                                                       
     AS 44.83.055(a), as enacted by sec. 8 of this Act, the                                                                     
        terms of the first members of the Alaska Energy                                                                         
     Authority Advisory Board are as follows:                                                                                   
               (1)  three members shall be appointed for a                                                                      
     three-year term;                                                                                                           
               (2)  three members shall be appointed for a                                                                      
     two-year term; and                                                                                                         
               (3)  one member shall be appointed for a                                                                         
     one-year term."                                                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 7, line 8:                                                                                                            
          Delete "Section 13"                                                                                                   
          Insert "Section 15"                                                                                                   
                                                                                                                                
     Page 7, line 14:                                                                                                           
          Delete "sec. 16"                                                                                                      
          Insert "sec. 19"                                                                                                      
                                                                                                                                
4:17:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER objected for discussion purposes.                                                                        
                                                                                                                                
4:17:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  said the  amendment  relates  to an  AEA                                                              
advisory  board.   It  is  important  to consider  the  additional                                                              
authority  and powers that  are being  granted to  AEA by  HB 103.                                                              
He opined  AEA should  have an  advisory board  of seven  members,                                                              
two of  whom are  also on  the AIDEA  board, in  order to  provide                                                              
expertise  and  public  members'  advice  to AEA  so  that  better                                                              
decisions will be made.                                                                                                         
                                                                                                                                
REPRESENTATIVE LYNN asked about the estimated cost.                                                                             
                                                                                                                                
REPRESENTATIVE PETERSEN said he was unsure.                                                                                     
                                                                                                                                
4:19:23 PM                                                                                                                    
                                                                                                                                
MS. FISHER-GOAD  provided background  on the  AIDEA board  and the                                                              
AEA board.   The AIDEA board  consists of five public  members and                                                              
two commissioners;  in  fact, those  same people  make up  the AEA                                                              
board, but  they convene  as separate boards.   Board  members are                                                              
paid  travel and  per diem  when seated  to review  AEA work,  but                                                              
when seated as  the AIDEA board working on AIDEA  business, public                                                              
members are  paid $100 per  day.  She  turned to Amendment  6, and                                                              
said the  amendment provides  the advisory  board more  protection                                                              
from removal  than is afforded the  AIDEA board; in  addition, the                                                              
two AEA  advisory board  members  on the AIDEA  board may  appoint                                                              
themselves  while sitting  on the  AIDEA board.   Ms.  Fisher-Goad                                                              
concluded  that the  amendment would  be  difficult to  implement.                                                              
Furthermore, she  pointed out that AEA has two  statutory advisory                                                              
committees  that consult  on  the Renewable  Energy  Fund and  the                                                              
Emerging Energy  Technology Fund,  and AEA has instituted  several                                                              
planning  processes   and  regional  energy  plans   that  include                                                              
working  groups  and public  processes  that,  with its  board  of                                                              
directors, guide the policies and the direction of AEA.                                                                         
                                                                                                                                
4:23:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  was unsure  about  a board  that  gavels                                                              
back  and  forth  for  different  purposes.  Along  with  granting                                                              
additional powers, he  opined this is a good time  to separate the                                                              
boards.                                                                                                                         
                                                                                                                                
REPRESENTATIVE TUCK  expressed his concern about HB  119 that will                                                              
allow  AIDEA  to  have  subsidiaries.    He  questioned  the  best                                                              
structure  for  the  relationship   between  AIDEA  and  AEA,  and                                                              
surmised that  "AEA does want their  own autonomy and wants  to be                                                              
out of underneath  the guise of AIDEA, although they  are going to                                                              
have  some   shared  employees   and  also   have  the   ...  same                                                              
facilities."   He asked  for confirmation that  AEA wants  to have                                                              
the same board as AIDEA.                                                                                                        
                                                                                                                                
4:26:35 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD   clarified  that   she  was  not   expressing  a                                                              
position,  but noting that  the statutory  structure provides  for                                                              
the AIDEA board members to also be the AEA board members.                                                                       
                                                                                                                                
REPRESENTATIVE TUCK remarked:                                                                                                   
                                                                                                                                
     HB 103  is making it so  that AEA has their  own powers,                                                                   
     don't  we want  them  to fully  have  their own  powers?                                                                   
     I'm not  sure, and if not,  then maybe the  structure is                                                                   
     still  ... about having  the structure  with AIDEA  as a                                                                   
     subsidiary ...."                                                                                                           
                                                                                                                                
REPRESENTATIVE  TUCK  then  asked   whether  it  is  a  beneficial                                                              
structure  for AEA  to "keep  that  umbilical cord  there ...  and                                                              
still have  some autonomy,  and then still  be able to  have those                                                              
relationships   with  the   employees  and   the  facilities   and                                                              
everything  else."  He  asked for  further clarification  on AEA's                                                              
ultimate goal.                                                                                                                  
                                                                                                                                
4:28:49 PM                                                                                                                    
                                                                                                                                
MS.   FISHER-GOAD   acknowledged   Representative   Tuck's   valid                                                              
questions;  however, Amendment  6  intends to  do something  else.                                                              
She  recalled that  last year  the  legislature addressed  whether                                                              
AIDEA and  AEA should have  separate boards, separate  people, and                                                              
separate  requirements   for  members;  although   the  board  was                                                              
expanded,  and the  issue  was discussed,  no  changes were  made.                                                              
She restated  that Amendment 6 does  not create a  separate board,                                                              
but an advisory board of members not appointed by the governor.                                                                 
                                                                                                                                
4:30:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  suggested that  the  amendment makes  the                                                              
issue muddier,  rather than  clearer.  He  observed that  there is                                                              
sufficient   communication  between   the  two   boards,  AEA   is                                                              
functioning  for  its  current programs  and  processes,  and  the                                                              
advisory  board adds  confusion and  "open[s] the  back door  to a                                                              
lot  of people  involved in  the  process."   He said  he did  not                                                              
support the amendment.                                                                                                          
                                                                                                                                
4:32:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OLSON   confirmed  that  it  is   commonplace  for                                                              
boroughs  and cities  to  have  their governing  bodies  reconvene                                                              
with  a  different purpose,  such  as  to  hear tax  disputes  and                                                              
property  valuations.   He said  precedence  has been  set in  the                                                              
state.                                                                                                                          
                                                                                                                                
REPRESENTATIVE LYNN agreed.                                                                                                     
                                                                                                                                
REPRESENTATIVE  TUCK  related  his   experience  serving  on  many                                                              
advisory committees  and agreed  that they are  not uncommon.   He                                                              
asked whether other state corporations have advisory committees.                                                                
                                                                                                                                
MS.   FISHER-GOAD  clarified   that   AEA's  advisory   committees                                                              
consult,  but do  not  take the  place  of a  board.   She  opined                                                              
Amendment 6  does not create  an advisory  board to consult  or to                                                              
develop a program.   Advisory boards have been  useful, especially                                                              
with the Emerging Energy Technology Fund.                                                                                       
                                                                                                                                
4:35:37 PM                                                                                                                    
                                                                                                                                
MR.  BJORKQUIST  stated he  was  not  aware  of any  other  public                                                              
corporation   that   has   advisory   committees;   however,   his                                                              
experience with this issue is limited.                                                                                          
                                                                                                                                
REPRESENTATIVE TUCK  asked for more details on how  Amendment 6 is                                                              
different from existing advisory committees or boards.                                                                          
                                                                                                                                
4:36:45 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD  further  explained  that  Amendment  6  provides                                                              
advisory board  members with more  protection than members  of the                                                              
AEA board  of directors  because directors  serve at the  pleasure                                                              
of  the  governor,  and directors  would  be  appointing  advisory                                                              
board members  who could  only be  removed for  cause.   Also, two                                                              
advisory board members,  appointed as members of the  AEA board of                                                              
directors, could  help select advisory board members  - themselves                                                              
- and  would serve  until dismissed  for cause.   She referred  to                                                              
the Renewable  Energy Fund  advisory committee  and stressed  that                                                              
the  statute which  established  this advisory  committee  directs                                                              
AEA  "to essentially  develop this  program  in consultation  with                                                              
the advisory  committee -  it's not  having an advisory  committee                                                              
direct them  - it's having them  ... help through  a collaborative                                                              
process develop  a program."   Ms. Fisher-Goad reiterated  this is                                                              
the difference, and mentioned several other examples.                                                                           
                                                                                                                                
4:39:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER related  his experience,  and said  he did                                                              
not    recall   another    publicly-based   advisory    committee.                                                              
Furthermore, governor appointees provide adequate public input.                                                                 
                                                                                                                                
REPRESENTATIVE   PETERSEN  offered   a  conceptual  amendment   to                                                              
Amendment 6  that the  members would be  appointed and  removed by                                                              
the governor.                                                                                                                   
                                                                                                                                
4:40:28 PM                                                                                                                    
                                                                                                                                
MS. FISHER-GOAD  countered that  with the  AEA board of  directors                                                              
and an advisory  board there would be 11 members  appointed by the                                                              
governor  to  provide oversight  and  assistance.   She  said,  "I                                                              
think that would  be an additional layer of a board  that would be                                                              
somewhat confusing."                                                                                                            
                                                                                                                                
REPRESENTATIVE PETERSEN  restated the  intent of the  amendment is                                                              
to address the  changes in the purview  of AEA in that  it will be                                                              
managing  projects and  getting financing.   At  this time,  AIDEA                                                              
forms  agreements with  financing institutions  for the  financing                                                              
of projects, and  now AEA would be managing its own  projects.  He                                                              
expressed his belief  that if AIDEA and AEA continue  to share the                                                              
same  board there  may be  conflicts  in certain  situations.   He                                                              
cautioned against  "creating a  new AEA ...  with [HB]  103, we're                                                              
giving  it new powers,  but  we're allowing  it to  be run by  the                                                              
same AIDEA board."                                                                                                              
                                                                                                                                
REPRESENTATIVE  LYNN asked  whether  Amendment  6 makes  HB 103  a                                                              
better bill and will advance the Watana dam.                                                                                    
                                                                                                                                
4:43:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN reminded  the committee  that the  Watana                                                              
dam is not specific  to HB 103.  The bill gives  AEA the authority                                                              
to manage  projects big and  small, which  is a change  from AEA's                                                              
present task of giving grants for energy projects.                                                                              
                                                                                                                                
CO-CHAIR  FOSTER understood  Representative  Petersen's  concerns;                                                              
however, he said  his preference was to separate  this debate from                                                              
HB 103.                                                                                                                         
                                                                                                                                
4:46:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER maintained his objection.                                                                                
                                                                                                                                
REPRESENTATIVE  PETERSEN offered  to make  further changes  to the                                                              
amendment, or to reintroduce the issue as a separate bill.                                                                      
                                                                                                                                
4:47:04 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD   encouraged  Representative  Petersen,   or  the                                                              
committee,  to  consider this  question  as  a separate  piece  of                                                              
legislation.                                                                                                                    
                                                                                                                                
4:47:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN withdrew Amendment 6.                                                                                   
                                                                                                                                
4:48:34 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD,  in concluding  remarks,  pointed  out that  the                                                              
public process  by AEA on the Susitna  project so far  is not part                                                              
of the  FERC licensing process;  however, pursuing a  FERC license                                                              
for the Watana  project will include significant  public meetings.                                                              
The format of  the previously held meetings was  intended to allow                                                              
for a  presentation on  why AEA prefers  the Susitna  project over                                                              
the Chakachamna  Hydroelectric Project, and not a  debate process.                                                              
Other  formats   have  advantages   and  disadvantages,   such  as                                                              
preventing  a  speaker  from monopolizing  the  discussion.    Ms.                                                              
Fisher-Goad  assured the  committee that  AEA and its  consultants                                                              
are working to  answer questions; in fact, all  written letters of                                                              
concern  will be  addressed.   She  restated  that  there will  be                                                              
ample  time  for  additional  public  meetings  in  a  variety  of                                                              
formats.                                                                                                                        
                                                                                                                                
4:52:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  expressed his  belief that it  is appropriate                                                              
during this  discussion to  also to look  at HB 119,  which allows                                                              
AIDEA  to create  subsidiaries;  for  example,  if AEA  becomes  a                                                              
subsidiary  of  AIDEA, whether  AEA  would  gain powers  and  more                                                              
bonding.    He   asked  Ms.  Fisher-Goad  whether   AEA  would  be                                                              
restricted in any way if it became a subsidiary of AIDEA.                                                                       
                                                                                                                                
4:54:00 PM                                                                                                                    
                                                                                                                                
MS. FISHER-GOAD pointed  out that AEA and AIDEA have  ties, but it                                                              
is  not  a  "parent-child  relationship."   She  deferred  to  Mr.                                                              
Bjorkquist.                                                                                                                     
                                                                                                                                
4:54:59 PM                                                                                                                    
                                                                                                                                
MR. BJORKQUIST  advised  HB 119  would give AIDEA  the ability  to                                                              
form  a  subsidiary  corporation   only  for  the  purposes  of  a                                                              
"development finance  project."  Such a project would  be one that                                                              
AIDEA  owns  and  operates,  for   example,  the  Delong  Mountain                                                              
Transportation  System  (DMTS)  connected  to the  Red  Dog  Mine.                                                              
House Bill  119 allows AIDEA to  develop a similar  project within                                                              
a subsidiary  corporation, rather  than owning  the project  as an                                                              
AIDEA  asset.   This legislation  could not  be used  to make  AEA                                                              
into  a  subsidiary  corporation,   because  it  would  not  be  a                                                              
development  finance   project.    Mr.  Bjorkquist   said  he  has                                                              
represented both  corporations for 14 years and  has observed that                                                              
the  board members  understand "what  they're  doing when  they're                                                              
sitting for  the respective corporations,  they do not  blur their                                                              
roles with  respect to one corporation  when they're meeting  as a                                                              
different  corporation."   The statutory  mission of  AIDEA is  on                                                              
economic development  and finance, and AEA has a  focus on energy.                                                              
Furthermore, the  commissioners seated  on the boards  fulfill the                                                              
statutory  duties of  the relevant  corporation.   He assured  the                                                              
committee   that  there   is  a   distinction   between  the   two                                                              
corporations;  in fact, in  Alaska many  public corporations  have                                                              
commissioners on their boards of directors.                                                                                     
                                                                                                                                
4:58:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  expressed   his  support  for  renewable                                                              
energy projects  that will  help the  state reach  its goal  of 50                                                              
percent renewable by 2025.                                                                                                      
                                                                                                                                
4:59:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FOSTER  moved to  report  HB  103,  as amended,  out  of                                                              
committee  with individual  recommendations  and the  accompanying                                                              
fiscal  notes.    There being  no  objection,  CSHB  103(ENE)  was                                                              
reported from House Special Committee on Energy.                                                                                
                                                                                                                                
5:00:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT  said this bill is  a vital aspect to  fulfill the                                                              
state's energy policy.                                                                                                          

Document Name Date/Time Subjects
HB 103 Amendment #1.pdf HENE 3/8/2011 3:00:00 PM
HB 103
HB 103 Amendment #3.pdf HENE 3/8/2011 3:00:00 PM
HB 103
HB 103 Amendment #2.pdf HENE 3/8/2011 3:00:00 PM
HB 103
HB 103 Amendment #5.pdf HENE 3/8/2011 3:00:00 PM
HB 103
HB 103 Amendment #4.pdf HENE 3/8/2011 3:00:00 PM
HB 103
HB 103 Amendment #6.pdf HENE 3/8/2011 3:00:00 PM
HB 103
Emails from the public -- Denis Ransy, Barbara Mannix.pdf HENE 3/8/2011 3:00:00 PM
Public Feedback
HB 103 - Response from the public -- Becky Long.pdf HENE 3/8/2011 3:00:00 PM
HB 103