Legislature(2007 - 2008)

08/04/2008 07:48 PM House FIN


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HOUSE BILL NO. 4005                                                                                                           
                                                                                                                                
     An  Act amending  the power  cost equalization  program,                                                                   
     repealing the exclusion from  eligibility for power cost                                                                   
     equalization for certain  power projects that take their                                                                   
     power  from hydroelectric  facilities, and amending  the                                                                   
     definition of 'eligible electric  utility' as it applies                                                                   
     to  the power cost  equalization  program and the  grant                                                                   
     program   for   small   power   projects   for   utility                                                                   
     improvements; and providing for an effective date.                                                                         
                                                                                                                                
Vice-Chair  Stoltze MOVED  to ADOPT  work draft  25-LS1757\L,                                                                   
Kane,  8/4/08,  as  the  version   of  the  bill  before  the                                                                   
Committee. Representative Nelson OBJECTED.                                                                                      
                                                                                                                                
7:53:11 PM                                                                                                                    
                                                                                                                                
Representative  Nelson   expressed  more  comfort   with  the                                                                   
previous  version of  the bill.  She felt  that the  previous                                                                   
version  struck  a better  balance  in  terms of  region  and                                                                   
helping people than the current  version does. She took pride                                                                   
in the work that had been done.                                                                                                 
                                                                                                                                
Representative Gara  noted that the changes in  the bill were                                                                   
all  topics  that  the committee  had  favored.  The  heating                                                                   
provision   and  the  electrical   utility  assistance   were                                                                   
removed.                                                                                                                        
                                                                                                                                
7:54:40 PM                                                                                                                    
                                                                                                                                
SUZANNE   ARMSTRONG,  STAFF,   REPRESENTATIVE  KEVIN   MEYER,                                                                   
explained  the major  changes to  the work  draft. The  Power                                                                   
Cost Equalization (PCE) provisions  were removed, as were the                                                                   
provisions pertaining  to the  Low Income Heating  Assistance                                                                   
Program  (LIHEAP) and  the provision  relating  to the  State                                                                   
Heating Assistance  Program. Remaining were the  changes made                                                                   
to the bulk fuel  loan fund and the revolving  loan fund with                                                                   
limits  increasing   the  loan   amounts  from   $500,000  to                                                                   
$750,000. The  resource rebate  section was left  intact with                                                                   
only one change;  the dollar amount was increased  from $1000                                                                   
to $1200  per person.  The suspension of  motor fuel  tax was                                                                   
left intact.                                                                                                                    
                                                                                                                                
Co-Chair Meyer reverted back to  the Governor's original call                                                                   
of the $1200 for the resource  rebate and the eight cent fuel                                                                   
tax suspension.                                                                                                                 
                                                                                                                                
7:56:04 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Hawker, Kelly, Stoltze, Thomas, Meyer, Chenault                                                                       
OPPOSED: Foster, Gara, Nelson, Crawford                                                                                         
                                                                                                                                
THE MOTION PASSED 6-4                                                                                                           
                                                                                                                                
7:57:13 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer MOVED  to ADOPT Amendment #1, Page  3, Line 7,                                                                   
deleting "$1,000" and inserting  "$1,200". Vice-Chair Stoltze                                                                   
OBJECTED.                                                                                                                       
                                                                                                                                
Co-Chair Meyer explained  the drafting error on  Page 3, Line                                                                   
7 where the $1000 should read "$1200."                                                                                          
                                                                                                                                
Representative Hawker WITHDREW the OBJECTION.                                                                                   
                                                                                                                                
7:57:41 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  MOVED  to  ADOPT  Amendment  #2,  #25-                                                                   
LS1757\M.4,  Bullard\Kane,   8/4/08.  Representative   Thomas                                                                   
OBJECTED.                                                                                                                       
                                                                                                                                
7:57:55 PM                                                                                                                    
                                                                                                                                
Representative  Kelly explained that  the amendment  would be                                                                   
withdrawn. He asked to speak to  the amendment. The amendment                                                                   
would allow a rebate or a low  interest loan if an individual                                                                   
wanted to  use a different heating  method than oil,  such as                                                                   
wood, wood chips, or pellets.  These alternative fuel sources                                                                   
allow people to  help themselves and reduce  their dependence                                                                   
on oil.                                                                                                                         
                                                                                                                                
Amendment #2 was WITHDRAWN.                                                                                                     
                                                                                                                                
7:59:52 PM                                                                                                                    
                                                                                                                                
Representative  Crawford stated that  the amendment  was good                                                                   
and should not be withdrawn and  he encouraged Representative                                                                   
Kelly to offer it.                                                                                                              
                                                                                                                                
8:01:02 PM                                                                                                                    
                                                                                                                                
Representative  Hawker MOVED  to  ADOPT conceptual  Amendment                                                                   
#3, Line  29, Page 3.  He explained that  it was  a provision                                                                   
repealing the  suspension of the  motor fuel tax on  June 30,                                                                   
2011 as written.  It repeals section 5A only.  The conceptual                                                                   
amendment  was to  change 5A to  section 5  in its  entirety.                                                                   
Representative  Crawford  OBJECTED for  discussion  purposes.                                                                   
Co-Chair Meyer explained the drafting  error that was noticed                                                                   
by Representative Hawker.                                                                                                       
                                                                                                                                
8:03:06 PM                                                                                                                    
                                                                                                                                
Representative Crawford  WITHDREW the OBJECTION.  There being                                                                   
NO further OBJECTION, it was adopted.   Representative Hawker                                                                   
pointed out  that the credit should  go to the  Department of                                                                   
Law for the error's discovery.                                                                                                  
                                                                                                                                
Representative   Kelly   mentioned   the   included   penalty                                                                   
provision.  He did not  agree with  the notion. He  regretted                                                                   
the hassle  of unhappy  phone  calls in the  event of  public                                                                   
upset.                                                                                                                          
                                                                                                                                
8:05:19 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer reviewed the fiscal  notes. He pointed out the                                                                   
resource rebate  of $1,200 dollars for Alaska  residents. The                                                                   
rebate could  be used  for heating  and fuel assistance  this                                                                   
winter. He recalled that the PFD  comes out in early October,                                                                   
which is important  to Alaskans preparing for  winter heating                                                                   
costs. He wondered if there was  potential that the PFD might                                                                   
be administered earlier than October.                                                                                           
                                                                                                                                
JERRY   BURNETT,   DIRECTOR,   DIVISION   OF   ADMINISTRATIVE                                                                   
SERVICES, DEPARTMENT OF REVENUE,  explained that the bill was                                                                   
initially introduced in August.  The Governor had reviewed it                                                                   
and  hoped  to move  it  back,  but  there  are a  number  of                                                                   
concerns  to be  addressed.  There  are scheduling  items  to                                                                   
guarantee  that the appropriate  warrant  stock is in  place.                                                                   
The Department of Revenue will  attempt to get the checks out                                                                   
as soon as possible.                                                                                                            
                                                                                                                                
8:08:56 PM                                                                                                                    
                                                                                                                                
Representative  Hawker requested  the  difference between  an                                                                   
energy rebate  and a resource  rebate. Mr. Burnett  explained                                                                   
that  the rebate  consists of  a distribution  of excess  tax                                                                   
revenue that  the state had  received and will  distribute to                                                                   
dividend  eligible persons.  It is  not aimed  at a  specific                                                                   
use.                                                                                                                            
                                                                                                                                
Representative  Hawker   pointed  out  that  there   was  not                                                                   
language in the  bill requiring that the resource  rebate was                                                                   
spent on  energy related  issues. Mr.  Burnett affirmed  that                                                                   
there  was not  language specifying  a requirement  regarding                                                                   
how the  rebate is spent. He  supposed that people  would use                                                                   
the rebate  money  to pay heating  bills, given  the cost  of                                                                   
energy this year.                                                                                                               
                                                                                                                                
8:10:55 PM                                                                                                                    
                                                                                                                                
Representative   Gara   did  not   accept   the   terminology                                                                   
concerning  the equitability  of  the proposed  distribution.                                                                   
The prior  version of the  bill recognized the  inequity, and                                                                   
attempted to  address it by  helping those with  the greatest                                                                   
need. He did not  accept the line of reasoning  that there is                                                                   
equity based on a change of the  terminology. The bill is not                                                                   
equitable.                                                                                                                      
                                                                                                                                
Representative Gara asked if all  of the individuals eligible                                                                   
for the  hold harmless provision  would have the  money count                                                                   
as  income  and  possibly  have  it  garnished.  Mr.  Burnett                                                                   
replied  that  the  rebate  would not  be  garnished  in  the                                                                   
mentioned situation.                                                                                                            
                                                                                                                                
Representative  Gara   could  not  find  the   hold  harmless                                                                   
provision  in  the bill  before  the Committee.  Mr.  Burnett                                                                   
advised that the  hold harmless clause is in  the PFD statute                                                                   
and it  applies to  subsidized housing because  it is  a one-                                                                   
time payment.  It would not  be treated  as part of  the PFD.                                                                   
The clause is identified  as a separate part of  the PFD. The                                                                   
hold harmless  that  applies to  PFD will apply  to the  hold                                                                   
harmless  provision.  There  is   a  specific  hold  harmless                                                                   
section in the bill for veterans.                                                                                               
                                                                                                                                
8:15:29 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked if  hold harmless language  was in                                                                   
the appropriations bill. Mr. Burnett  responded that there is                                                                   
an appropriation  for an additional hold harmless  for Health                                                                   
and Social  Services and  the Veterans  in the  appropriation                                                                   
bill.                                                                                                                           
                                                                                                                                
Representative   Hawker  asked   to  clarify   that  in   the                                                                   
appropriations  bill   there  is  specifically   a  paragraph                                                                   
earmarking funding to address those purposes.                                                                                   
                                                                                                                                
Representative  Gara asked for  a letter from  the department                                                                   
addressing  the  hold  harmless   provision  for  low  income                                                                   
housing and the Pioneer's Home issue. Mr. Burnett affirmed.                                                                     
                                                                                                                                
8:16:36 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  noted that the  bill would be HELD  until the                                                                   
Senate version arrives to Committee.                                                                                            
                                                                                                                                
8:18:15 PM                                                                                                                    
                                                                                                                                
Representative  Thomas  stated  that he  originally  believed                                                                   
that sufficient  legislation would include a  resource rebate                                                                   
of  $1,500 and  include the  repealing  of the  fuel tax.  He                                                                   
remembered  speaking  about  an   energy  rebate  since  last                                                                   
session. He hoped  the resource rebate would  be increased to                                                                   
$1,400  dollars, because  of the  other aspects  of the  bill                                                                   
that were  left out. He proposed  that it occur on  the House                                                                   
Floor.                                                                                                                          
                                                                                                                                
Representative  Nelson   pointed  out  that  there   are  six                                                                   
different  regions in the  State of  Alaska. Each region  was                                                                   
initially   represented  with   one  piece  of   legislation;                                                                   
however,  an individual  living  alone  does  not have  their                                                                   
needs adequately  addressed. She  listed the items  that were                                                                   
in the original  version that helped ease the  disparity. She                                                                   
suggested that the  Committee had taken a step  backward. She                                                                   
expressed  hope  that  a  "middle   ground"  could  still  be                                                                   
reached.                                                                                                                        
                                                                                                                                
8:21:26 PM                                                                                                                    
                                                                                                                                
Representative  Crawford wondered how  many people  would use                                                                   
the funding as a moving allowance  to move from the Bush into                                                                   
the cities.  He thought it  was too little  too late  to help                                                                   
the rural areas.                                                                                                                
                                                                                                                                
Co-Chair Meyer noted that HB 4005 would be HELD.                                                                                

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