Legislature(2021 - 2022)ADAMS 519

04/26/2022 01:30 PM House FINANCE

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01:31:06 PM Start
01:31:33 PM HB170
05:24:17 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 10 Minutes Following Session --
+= HB 170 ENERGY INDEPENDENCE PROGRAM & FUND: AIDEA TELECONFERENCED
Heard & Held
+= HB 172 MENTAL HEALTH FACILITIES & MEDS TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 170                                                                                                            
                                                                                                                                
     "An  Act establishing  the  Alaska energy  independence                                                                    
     program and the Alaska  energy independence fund in the                                                                    
     Alaska  Industrial  Development and  Export  Authority;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
1:31:33 PM                                                                                                                    
                                                                                                                                
Co-Chair Merrick relayed that the bill had eight amendments                                                                     
to consider. She read a list of available testifiers.                                                                           
                                                                                                                                
1:32:05 PM                                                                                                                    
                                                                                                                                
ALAN WEITZNER, EXECUTIVE DIRECTOR, ALASKA INDUSTRIAL                                                                            
DEVELOPMENT AND EXPORT AUTHORITY (via teleconference),                                                                          
indicated he had no opening comments.                                                                                           
                                                                                                                                
Co-Chair Merrick began the amendment process for HB 170.                                                                        
                                                                                                                                
Representative Wool MOVED to ADOPT Amendment 1, 32-                                                                             
GH1074\W.5 (Ambrose/Klein, 4/20/22) (copy on file):                                                                             
                                                                                                                                
     Page 7, following line 15:                                                                                                 
          Insert a new paragraph to read:                                                                                       
               "(2)    prioritize   programs    for   energy                                                                    
          efficiency     and     renewable    energy     for                                                                    
          residential, commercial and   public  buildings in                                                                    
          rural and urban areas;"                                                                                               
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Wool read the amendment, which spelled out                                                                       
the functions of the new program.                                                                                               
                                                                                                                                
Representative  LeBon noted  that there  was a  reference to                                                                    
public  buildings  in  the  amendment.   He  asked  for  the                                                                    
definition of a public building.                                                                                                
                                                                                                                                
Representative Wool  responded that a public  building was a                                                                    
building that was  available to the public. He  did not know                                                                    
the  statutory  definition.  In rural  Alaska,  a  community                                                                    
center or a school might be considered a public building.                                                                       
                                                                                                                                
1:34:03 PM                                                                                                                    
                                                                                                                                
Representative LeBon wanted to  make sure buildings owned by                                                                    
the  government  were not  included  in  the definition.  He                                                                    
asked  whether  government  buildings were  intended  to  be                                                                    
defined as public.                                                                                                              
                                                                                                                                
Representative Wool  did not  know if  the bill  would limit                                                                    
access to government owned buildings.  His focus was more on                                                                    
communal buildings in rural communities.  He did not want to                                                                    
limit access, but  also did not know if  there was something                                                                    
in statute already with a limiting definition.                                                                                  
                                                                                                                                
Co-Chair    Merrick    indicated   Representative    Edgmon,                                                                    
Representative Rasmussen,  and Representative  Carpenter had                                                                    
joined the meeting.                                                                                                             
                                                                                                                                
Representative LeBon thought they  might be splitting hairs.                                                                    
He  thought the  amendment  should be  focused on  community                                                                    
facilities.                                                                                                                     
                                                                                                                                
Representative Wool  did not  have a  problem with  making a                                                                    
conceptual  amendment. He  thought Representative  LeBon had                                                                    
an amendment  that would be  discussed later in  the meeting                                                                    
that  did the  same thing.  He was  not sure  how the  other                                                                    
amendments  would  be received  and  did  not want  to  jump                                                                    
ahead.  He thought  he and  Representative LeBon  wanted the                                                                    
same result.                                                                                                                    
                                                                                                                                
Representative LeBon  agreed that he might  be getting ahead                                                                    
of himself.  He suggested a conceptual  amendment that would                                                                    
strike the  words "public  buildings" and  insert "community                                                                    
facilities" in Amendment 1.                                                                                                     
                                                                                                                                
Representative LeBon  MOVED to ADOPT conceptual  Amendment 1                                                                    
to Amendment 1.                                                                                                                 
                                                                                                                                
Representative  Wool   OBJECTED.  He  did  not   oppose  the                                                                    
amendment change. He suggested  rolling his amendment to the                                                                    
bottom   of  the   agenda  because   Representative  LeBon's                                                                    
amendment  that  had  not  been   offered  yet  had  similar                                                                    
language.                                                                                                                       
                                                                                                                                
1:38:03 PM                                                                                                                    
                                                                                                                                
Representative  Josephson   indicated  there  was   a  clear                                                                    
definition  of a  community facility.  He  relayed that  the                                                                    
definition was  narrow and accomplished  what Representative                                                                    
LeBon intended.  The list of valid  community facilities was                                                                    
as  follows:  water  and sewer  facilities,  public  outdoor                                                                    
lighting,   and   charitable   educational   facilities   or                                                                    
community  buildings that  operated using  monies that  were                                                                    
not  from   the  state,   federal  government,   or  private                                                                    
commercial interests.                                                                                                           
                                                                                                                                
Representative  LeBon wondered  about  how outside  lighting                                                                    
was considered a community facility.  He did not want to mix                                                                    
state, federal,  or other buildings  in the language  of the                                                                    
bill.                                                                                                                           
                                                                                                                                
Representative  Wool  appreciated  the language  defining  a                                                                    
community facility.  He wondered  if the bill  would exclude                                                                    
schools,  particularly  rural  schools that  might  need  an                                                                    
energy  upgrade.  He  did  not   want  to  eliminate  public                                                                    
buildings like schools from the bill.                                                                                           
                                                                                                                                
Mr.  Weitzner  explained  that  he  wrote  the  bill  to  be                                                                    
interpreted as broadly as possible.  It was conceivable that                                                                    
schools would be  part of the program laid out  in the bill.                                                                    
He would not preclude public facilities from the bill.                                                                          
                                                                                                                                
Representative  Wool wondered  if community  buildings would                                                                    
be  covered as  well if  public buildings  were left  in the                                                                    
bill. He  thought the inclusion  of the term  "public" would                                                                    
be less likely to exclude schools.                                                                                              
                                                                                                                                
Co-Chair Merrick  asked Mr. Weitzner  whether he had  a copy                                                                    
of the amendments.                                                                                                              
                                                                                                                                
Representative Wool requested that  Amendment 1 be rolled to                                                                    
the bottom of the agenda.                                                                                                       
                                                                                                                                
Representative Wool WITHREW the OBJECTION.                                                                                      
                                                                                                                                
Representative  LeBon  WITHDREW  conceptual Amendment  1  to                                                                    
Amendment 1.                                                                                                                    
                                                                                                                                
Representative   Wool   WITHDREW   his   MOTION   to   ADOPT                                                                    
Amendment 1.                                                                                                                    
                                                                                                                                
1:42:57 PM                                                                                                                    
                                                                                                                                
Representative  Wool   MOVED  to  ADOPT  Amendment   2,  32-                                                                    
GH1074\W.11 (Klein, 4/20/22) (copy on file):                                                                                    
                                                                                                                                
     Page 9, following line 7:                                                                                                  
          Insert a new subsection to read:                                                                                      
          "(b) The  authority may not  use the  Alaska clean                                                                    
     energy   fund   established   in   AS   44.88.452   for                                                                    
     construction  or   renovation  of  fossil   fuel  power                                                                    
     generation projects."                                                                                                      
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Wool  read the  amendment, which  limited the                                                                    
type of  loans that would qualify  for the fund. He  did not                                                                    
oppose  renovation of  fossil fuel  but  thought that  there                                                                    
were already  enough funding opportunities in  the field. He                                                                    
thought  the bill  should  be used  for  renewable or  green                                                                    
energy projects.                                                                                                                
                                                                                                                                
1:44:25 PM                                                                                                                    
                                                                                                                                
Representative Carpenter asked whether  the funding could be                                                                    
used if  an entity had  a coal plant  or a diesel  plant and                                                                    
wanted to renovate it into a natural gas plant.                                                                                 
                                                                                                                                
Representative   Wool  thought   there  was   other  funding                                                                    
available for such projects.                                                                                                    
                                                                                                                                
1:45:36 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:46:00 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative  Rasmussen would  be opposing  the amendment.                                                                    
She  thought  it was  important  to  recognize the  role  of                                                                    
fossil  fuel  in the  effort  to  achieve cleaner  and  more                                                                    
renewable energy.  She thought the amendment  could restrict                                                                    
growth of renewable energy efforts.                                                                                             
                                                                                                                                
Representative  Wool  commented that  most  all  of the  new                                                                    
power generation  projects in the continental  United States                                                                    
were renewable. There were some  conversions to natural gas,                                                                    
which he supported,  but he thought that  was enough funding                                                                    
already.                                                                                                                        
                                                                                                                                
1:47:28 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter noted  that  Europe had  a lot  of                                                                    
green  energy plants  and had  scrubbed  its coal  producing                                                                    
plants. He  thought Europe was  currently in a  bind because                                                                    
it  could not  sustain  its  energy. He  did  not think  the                                                                    
amendment would be wise.                                                                                                        
                                                                                                                                
Representative   Rasmussen  asked   if  the   Alaska  Energy                                                                    
Authority  (AEA) could  be consulted  on  how the  amendment                                                                    
would impact power houses.                                                                                                      
                                                                                                                                
1:48:05 PM                                                                                                                    
                                                                                                                                
CURTIS THAYER, EXECUTIVE  DIRECTOR, ALASKA ENERGY AUTHORITY,                                                                    
DEPARTMENT OF  COMMERCE, COMMUNITY AND  ECONOMIC DEVELOPMENT                                                                    
(via teleconference), responded that  the state had over 193                                                                    
communities that  were dependent on diesel  power generation                                                                    
for their  power houses. He  relayed that AEA had  worked to                                                                    
upgrade and  improve the efficiencies  of the  power houses,                                                                    
but  even  when there  was  wind  and solar  involved,  many                                                                    
communities still relied  on power houses to  run diesel. He                                                                    
thought  the  amendment  would   prevent  any  rural  diesel                                                                    
facilities from  receiving funds  for necessary  upgrades or                                                                    
replacements.                                                                                                                   
                                                                                                                                
Representative  Wool  argued  that  the  amendment  did  not                                                                    
enable  the communities  to receive  funds; the  communities                                                                    
already received  such funds. The amendment  simply proposed                                                                    
that  the green  bank  fund  was to  be  used for  renewable                                                                    
energy  programs  only.  Power  houses  were  already  being                                                                    
maintained with other funds.                                                                                                    
                                                                                                                                
1:49:48 PM                                                                                                                    
                                                                                                                                
Representative Rasmussen asked if  the amendment would ban a                                                                    
community from  applying to add  solar or wind energy  to an                                                                    
existing diesel  power house. She  did not think  they could                                                                    
shift from one type of  power to another without there being                                                                    
overlap.                                                                                                                        
                                                                                                                                
Representative  Wool  relayed that  his  intent  was not  to                                                                    
inhibit  green power  generation  projects.  If a  community                                                                    
with  a  diesel power  house  wanted  to augment  its  power                                                                    
generation with renewable energy,  it would not be inhibited                                                                    
by the amendment.                                                                                                               
                                                                                                                                
1:51:31 PM                                                                                                                    
                                                                                                                                
Representative  Edgmon  supported   the  amendment  and  was                                                                    
familiar with AEA programs in  rural Alaska. He asked if the                                                                    
bill  was a  "pseudo bill"  for fossil  fuel development  or                                                                    
unconventional green energy entities.  If this was the case,                                                                    
he thought the  composition of the advisory  board should be                                                                    
changed as  well and  the bill  should be  reconstructed. He                                                                    
did not have a problem narrowing  the intent of the bill and                                                                    
did not want to dilute its purpose.                                                                                             
                                                                                                                                
Representative   LeBon  asked   whether  Alaska   Industrial                                                                    
Development  and  Export Authority  (AIDEA)  or  AEA had  an                                                                    
opinion on  the likelihood  of regional  villages requesting                                                                    
financing  through  the  green  bank to  subsidize  oil  for                                                                    
natural gas and convert power  generation to natural gas. He                                                                    
wondered if the  vision of the program would be  to focus on                                                                    
wind,   solar,  and   other  clean   energies  and   exclude                                                                    
communities   reliant   on    diesel   power   houses   from                                                                    
eligibility.                                                                                                                    
                                                                                                                                
Mr.  Weitzner relayed  that there  was extensive  discussion                                                                    
about the creation of the  program. A variety of individuals                                                                    
contributed to  the conversation,  including people  who had                                                                    
helped  develop green  banks in  other states.  Much of  the                                                                    
conversation  was  about  the   ways  in  which  each  state                                                                    
considered  its  unique  requirements. For  Alaska,  it  was                                                                    
important to consider that many  rural communities relied on                                                                    
fossil  fuels.  The  objective of  the  legislation  was  to                                                                    
create ways to  provide capital for clean  energy and energy                                                                    
efficiency technology. He explained  that AEA was looking at                                                                    
ways  to lower  the demand  level of  fossil fuels  in rural                                                                    
Alaska by supplementing power houses with clean energy.                                                                         
                                                                                                                                
1:57:12 PM                                                                                                                    
                                                                                                                                
Representative  LeBon   suggested  that  his   district  was                                                                    
benefiting from  the interior energy project  which involved                                                                    
natural  gas being  delivered  to  commercial buildings  and                                                                    
residential homes.  It was beneficial to  convert properties                                                                    
from diesel fuel to natural  gas because it provided cleaner                                                                    
air and cost  savings. He was glad that the  project was not                                                                    
tied exclusively to a windmill.                                                                                                 
                                                                                                                                
Representative Thompson  asked Mr.  Thayer whether  the fund                                                                    
could  be used  for building  bulk fuel  containers or  tank                                                                    
upgrades that would reduce costs over time.                                                                                     
                                                                                                                                
Mr. Thayer did  not think so. Currently, there  was an unmet                                                                    
need of  $300 million  for powerhouses  and $800  million in                                                                    
deferred maintenance  for bulk  fuel. He thought  these were                                                                    
priorities but did not see how the legislation would help.                                                                      
                                                                                                                                
Representative Thompson commented that it was unfortunate.                                                                      
                                                                                                                                
Representative Wool  agreed that the projects  were definite                                                                    
needs in  the state.  He wanted people  to convert  to clean                                                                    
energy as  well, but there  were existing programs  in place                                                                    
already  to provide  grants to  help  with conversion.  Bulk                                                                    
fuel needs  were substantial, but  the bill could  not solve                                                                    
every energy problem in the  state. He was not against other                                                                    
energy sources like  power houses, but the  bill intended to                                                                    
incentivize moving towards clean energy.  He did not want to                                                                    
see the monies go towards building new diesel plants.                                                                           
                                                                                                                                
Co-Chair Merrick  relayed that someone from  the Legislative                                                                    
Legal Services online and available for questions.                                                                              
                                                                                                                                
2:00:51 PM                                                                                                                    
                                                                                                                                
Representative  Edgmon supported  the concept  of the  bill,                                                                    
however  he  did not  think  total  energy independence  was                                                                    
possible. He  commented that the  rural communities  that he                                                                    
represented were  not eligible for loan  programs for energy                                                                    
upgrades. He did not know  how a commercial bank could craft                                                                    
a viable  loan for his  communities. He asked Mr.  Thayer to                                                                    
provide an  example of a  community that already had  a loan                                                                    
program.                                                                                                                        
                                                                                                                                
Mr. Thayer responded that there  were several communities in                                                                    
rural Alaska  that had such  loan programs. He  offered that                                                                    
AEA  recently   provided  $2  million  of   funding  to  the                                                                    
community of  Galena for  a power  plant upgrade.  He agreed                                                                    
that  on the  whole,  Representative Edgmon  was correct  in                                                                    
that many communities were  financially strapped. There were                                                                    
about 50 communities that were  not tied to a larger utility                                                                    
or  co-operative,  and  those   were  the  more  challenging                                                                    
communities.                                                                                                                    
                                                                                                                                
Representative Edgmon  commented that  he had asked  for the                                                                    
definition of "underserved"  in a prior meeting  and had not                                                                    
received it.  He hoped that the  bill would be crafted  in a                                                                    
way that tied  it to clean energy and did  not prevent small                                                                    
communities from competing. He supported the amendment.                                                                         
                                                                                                                                
Representative  Rasmussen asked  Legislative Legal  Services                                                                    
if the  language as  written would impact  the ability  of a                                                                    
community  with an  existing diesel  plant  to move  towards                                                                    
renewable energy sources.                                                                                                       
                                                                                                                                
2:05:23 PM                                                                                                                    
                                                                                                                                
NOAH  KLEIN,  ATTORNEY,   LEGISLATIVE  LEGAL  SERVICES  (via                                                                    
teleconference),   explained   that  the   amendment   would                                                                    
prohibit use  of the funds  for construction  and renovation                                                                    
of  fossil  fuel projects.  He  did  not  know if  it  would                                                                    
preclude movement towards clean energy projects.                                                                                
                                                                                                                                
Representative  Rasmussen  asked  if   a  project  could  be                                                                    
financed through the  green bank if a power  plant wanted to                                                                    
renovate an additional source of clean energy.                                                                                  
                                                                                                                                
Mr. Klein  responded that if  the project was a  fossil fuel                                                                    
project, then the renovation would  not qualify. However, if                                                                    
it was a separate project  or clean energy project, it would                                                                    
not be prevented by the amendment.                                                                                              
                                                                                                                                
Representative  Rasmussen  understood  that if  an  existing                                                                    
power  plant was  using  fossil fuels  and  the power  plant                                                                    
wanted to  add a  renewable energy  source, the  language in                                                                    
the amendment would not cause any problems.                                                                                     
                                                                                                                                
Mr. Klein  replied that  it would come  down to  whether the                                                                    
project  was a  fossil fuel  generation project  or a  clean                                                                    
energy project without the use of fossil fuels.                                                                                 
                                                                                                                                
2:07:50 PM                                                                                                                    
                                                                                                                                
Representative LeBon  suggested following the money.  He was                                                                    
not  sure what  the motivation  would be  for villages  that                                                                    
wanted  to move  away  from diesel  fuel.  He suggested  the                                                                    
motivation  would   be  to  seek  out   the  best  financing                                                                    
available. He did not want to  deny the villages access to a                                                                    
variety  of  financing  options. He  thought  excluding  the                                                                    
banking  community  from  financing opportunities  would  be                                                                    
short-sighted and  he thought the banks  would be interested                                                                    
in investing. He was hesitant  to take away options from the                                                                    
villages.                                                                                                                       
                                                                                                                                
2:09:30 PM                                                                                                                    
                                                                                                                                
Representative Carpenter  understood that fossil  fuel power                                                                    
generation  plants  could  not  be constructed  due  to  the                                                                    
language in the  amendment. He thought that  the addition of                                                                    
clean energy  to power generation plants  would be precluded                                                                    
by the amendment.                                                                                                               
                                                                                                                                
Mr. Klein  responded that if  it was renovation of  a fossil                                                                    
fuel generation plant, then it  would be precluded under the                                                                    
amendment.                                                                                                                      
                                                                                                                                
Representative  Carpenter asked  if  it  would be  precluded                                                                    
even if the renovation involved clean energy.                                                                                   
                                                                                                                                
Mr.  Klein  responded  in  the   affirmative  based  on  the                                                                    
definition of "project" in statute.                                                                                             
                                                                                                                                
Representative  Wool  could  modify   the  language  in  the                                                                    
amendment. The  intent was  to prevent  the building  of new                                                                    
fossil fuel  plants, but he  did not want  small communities                                                                    
to be negatively impacted.                                                                                                      
                                                                                                                                
Representative Wool MOVED to roll  Amendment 2 to the bottom                                                                    
of the agenda. There being NO OBJECTION, it was so ordered.                                                                     
                                                                                                                                
2:12:18 PM                                                                                                                    
                                                                                                                                
Representative Wool MOVED to ADOPT Amendment 3, 32-                                                                             
GH1074\W.7 (Ambrose/Klein, 4/20/22) (copy on file):                                                                             
                                                                                                                                
     Page 7, line 22, following "available":                                                                                    
          Insert ";                                                                                                             
               (3)  in consultation  with the advisory board                                                                    
          established in  AS 44.88.450,  establish financing                                                                    
          programs  and  products the  authority  determines                                                                    
          necessary  to  encourage and  promote  sustainable                                                                    
     energy    development in the state"                                                                                        
                                                                                                                                
     Page 7, lines 27 - 29:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative  Wool reviewed  the  amendment. He  explained                                                                    
that it  was intended to  be a guiding principle  that moved                                                                    
the language from  a "may" section of the bill  to a "shall"                                                                    
section. He read the amendment.                                                                                                 
                                                                                                                                
Co-Chair Merrick WITHDREW her OBJECTION.                                                                                        
                                                                                                                                
Representative Rasmussen OBJECTED.                                                                                              
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Wool, Edgmon, Josephson, LeBon, Ortiz, Foster                                                                         
OPPOSED: Rasmussen, Thompson, Carpenter, Johnson, Merrick                                                                       
                                                                                                                                
The MOTION PASSED (6/5). There being NO further OBJECTION,                                                                      
Amendment 3 was ADOPTED.                                                                                                        
                                                                                                                                
2:14:01 PM                                                                                                                    
                                                                                                                                
Representative Josephson WITHDREW Amendment 4.                                                                                  
                                                                                                                                
Representative Josephson MOVED to ADOPT Amendment 5, 32-                                                                        
GH1074\W.8 (Klein, 4/20/22) (copy on file):                                                                                     
                                                                                                                                
     Page 1, following line 7:                                                                                                  
          Insert a new bill section to read:                                                                                    
      "*Section 1. The uncodified law of the State of                                                                           
    Alaska is amended by adding a new section to read:                                                                          
          SHORT TITLE. This Act may be known as the Alaska                                                                      
     Green Bank Act."                                                                                                           
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "Section 1"                                                                                                    
          Insert "Sec. 2"                                                                                                       
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 10, line 24:                                                                                                          
          Delete "sec.3"                                                                                                        
          Insert "sec.4"                                                                                                        
                                                                                                                                
     Page 10, line 26:                                                                                                          
          Delete "sec.3"                                                                                                        
          Insert "sec.4"                                                                                                        
                                                                                                                                
     Page 11, line 4:                                                                                                           
          Delete "sec.3"                                                                                                        
          Insert "sec.4"                                                                                                        
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative   Josephson   reviewed  the   amendment.   He                                                                    
explained  that   it  was  designed   to  insert   into  the                                                                    
uncodified language clear  reference to the bill  as a green                                                                    
bank bill.  The bill had often  been referred to as  a green                                                                    
bank bill, but the amendment would make it official.                                                                            
                                                                                                                                
Co-Chair Merrick WITHDREW the OBJECTION.                                                                                        
                                                                                                                                
Representative Carpenter OBJECTED.                                                                                              
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Thompson, Wool,  Edgmon, Josephson,  LeBon, Ortiz,                                                                    
Rasmussen, Foster, Merrick                                                                                                      
OPPOSED: Carpenter, Johnson                                                                                                     
                                                                                                                                
The MOTION  PASSED (9/2). There being  NO further OBJECTION,                                                                    
Amendment 5 was ADOPTED.                                                                                                        
                                                                                                                                
2:16:24 PM                                                                                                                    
                                                                                                                                
Representative  Josephson MOVED  to ADOPT  Amendment 6,  32-                                                                    
GH1074\W.10 (Klein, 4/20/22) (copy on file):                                                                                    
                                                                                                                                
     Page 9, line 24:                                                                                                           
          Delete "means"                                                                                                        
          Insert "includes"                                                                                                     
                                                                                                                                
     Page 9, line 27, following "processes":                                                                                    
          Insert ", but does not include a hydropower                                                                           
     project that produces more than 120 megawatts of                                                                           
     power"                                                                                                                     
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative   Josephson   reviewed  the   amendment.   He                                                                    
explained that  it intended to constrain  sustainable energy                                                                    
projects  to 120  megawatts of  power. The  largest existing                                                                    
hydropower  projects in  Alaska  produced no  more than  120                                                                    
megawatts. He  was concerned that  the state  would dedicate                                                                    
significant monies  to hydropower projects as  was projected                                                                    
in the  Susitna-Watana Dam project. The  proposed $6 billion                                                                    
project   was   highly    controversial   and   would   have                                                                    
significantly  altered  the  natural landscape.  He  thought                                                                    
that the hydropower  produced in the state  should match the                                                                    
need.                                                                                                                           
                                                                                                                                
Representative  Rasmussen would  be opposing  the amendment.                                                                    
She  argued that  the state  needed  a comprehensive  energy                                                                    
plan which could include a  hydropower project that produced                                                                    
more than 120 megawatts of  power. She thought the amendment                                                                    
was too  restrictive. She  thought the  state would  need to                                                                    
spend  significant monies  if it  wanted to  offer equitable                                                                    
energy access in rural areas.                                                                                                   
                                                                                                                                
Representative Thompson would be  opposing the amendment. He                                                                    
commented  that the  project at  Bradley  Lake produced  120                                                                    
megawatts. He  did not want  upgrades at Bradley Lake  to be                                                                    
prevented  by  the  amendment. He  asked  for  Mr.  Thayer's                                                                    
opinion.                                                                                                                        
                                                                                                                                
Mr.  Thayer responded  that the  Bradley Lake  plant was  in                                                                    
consideration for  an upgrade. He emphasized  that the costs                                                                    
of  those  upgrades were  in  the  hundreds of  millions  of                                                                    
dollars. He understood  the desire to cap  the production at                                                                    
120  megawatts  but  thought  that   there  would  be  other                                                                    
financing  options  for  upgrades   than  through  the  fund                                                                    
proposed by the bill.                                                                                                           
                                                                                                                                
2:20:23 PM                                                                                                                    
                                                                                                                                
Representative Edgmon wanted to  point out scale-ability. He                                                                    
thought that  some of the  upgrades were  entirely different                                                                    
projects  unrelated to  the  fund.  The proposed  parameters                                                                    
would  help the  fund develop  slowly and  appropriately. He                                                                    
suggested the cap could change over  time, but that it was a                                                                    
fair place  to start  and restrictions were  necessary based                                                                    
on the  amount of monies  presently in the fund.  He thought                                                                    
the amendment was appropriate.                                                                                                  
                                                                                                                                
Representative Wool  commented that the green  bank fund was                                                                    
for  small-scale projects  like  putting solar  panels on  a                                                                    
house. It  was not intended  for projects like  the Susitna-                                                                    
Watana Dam, which  would require much more  funding than was                                                                    
proposed in  the bill if the  project was to go  forward. He                                                                    
supported the amendment.                                                                                                        
                                                                                                                                
Representative  Rasmussen responded  that everyone  had seen                                                                    
how difficult it  was to change statutes from  the 1970s and                                                                    
she did not want there to  be more laws that the legislature                                                                    
did not follow.                                                                                                                 
                                                                                                                                
Co-Chair Merrick MAINTAINED the OBJECTION.                                                                                      
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Wool, Edgmon, Josephson, Ortiz, Foster                                                                                
OPPOSED:   Carpenter,  Johnson, LeBon,  Rasmussen, Thompson,                                                                    
Merrick                                                                                                                         
                                                                                                                                
The MOTION to adopt Amendment 6 FAILED (5/6).                                                                                   
                                                                                                                                
2:24:04 PM                                                                                                                    
                                                                                                                                
Representative  Josephson MOVED  to ADOPT  Amendment 7,  32-                                                                    
GH1074\W.9 (Klein,  4/21/22) [The body of  the amendment has                                                                    
been omitted due to length. A copy is available on file.]                                                                       
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative   Josephson   reviewed  the   amendment.   He                                                                    
commented that  he had lost  his confidence in AIDEA  due to                                                                    
its managing of  American Rescue Plan Act  (ARPA) monies. He                                                                    
thought thousands  of Alaskans had lost  confidence as well.                                                                    
The amendment moved all of  the authorities held by AIDEA to                                                                    
AEA.  The mission  of  AIDEA was  to  promote, develop,  and                                                                    
advance  economic growth  and diversification  in Alaska  by                                                                    
promoting  various means  of financing  and investment.  The                                                                    
mission of AEA  was to reduce the cost of  energy in Alaska.                                                                    
While  the   two  entities  shared   the  same   board,  the                                                                    
difference was that  AEA had its own staff  and leaders. The                                                                    
committee had  heard some compelling testimony  that opposed                                                                    
housing the green bank under AIDEA  due to lack of trust. He                                                                    
continued to express his concerns  about housing the program                                                                    
under AIDEA  and thought  that AEA was  a stronger  place to                                                                    
house it.                                                                                                                       
                                                                                                                                
2:27:19 PM                                                                                                                    
                                                                                                                                
Representative Thompson  thought there  were confidentiality                                                                    
issues that  were not addressed  in the amendment.  He asked                                                                    
for Mr. Thayer to comment  on the effect of transferring the                                                                    
duties from AIDEA to AEA.                                                                                                       
                                                                                                                                
Mr.  Thayer  responded  that the  amendment  was  a  massive                                                                    
restructuring of  the bill  and there  was fiscal  impact to                                                                    
AEA that  had not  been fully  addressed. He  explained that                                                                    
AEA statutes did not have  the same confidentiality language                                                                    
as AIDEA.  A significant difference was  that AEA's statutes                                                                    
did   not   allow   it  to   keep   confidential   financial                                                                    
information, business plans,  or other personal information.                                                                    
He  explained that  AEA typically  loaned  monies to  public                                                                    
entities  and  it  was  therefore  public  information.  The                                                                    
inability of  AEA to protect confidentiality  was likely why                                                                    
there was a suggestion to  redistribute the duties to AIDEA.                                                                    
He understood Representative  Josephson's intent but thought                                                                    
that AEA  worked well with AIDEA.  It was a policy  call for                                                                    
the legislature to make.                                                                                                        
                                                                                                                                
Representative LeBon  asked how  the amendment  would change                                                                    
the relationship between AEA and  AIDEA and whether it would                                                                    
be  beneficial  to  AEA.  He  wondered  if  AEA  would  feel                                                                    
comfortable  administrating individual  loans.  He was  more                                                                    
comfortable with  AIDEA being responsible  for administering                                                                    
loans.                                                                                                                          
                                                                                                                                
Representative Rasmussen asked Mr.  Thayer how long it would                                                                    
take for AEA to implement the bill.                                                                                             
                                                                                                                                
Mr.  Thayer responded  that the  development of  regulations                                                                    
would take a  minimum of a year. Also, AEA  did not have the                                                                    
loan servicing  staff that AIDEA had.  Recruiting and hiring                                                                    
new  employees  would  be  a cumbersome  task  for  AEA.  He                                                                    
thought at least six employees  would be needed in order for                                                                    
the program to  begin and the program would  still require a                                                                    
relationship  with  AIDEA to  provide  training  to the  new                                                                    
staff. He did not think the transition would be seamless.                                                                       
                                                                                                                                
Representative Rasmussen asked whether  AEA could transfer a                                                                    
couple of  existing loan employees  from AIDEA to  help with                                                                    
the  transition  in  order   to  immediately  implement  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Mr.  Thayer  did  not  believe  it would  be  as  simple  as                                                                    
transferring employees due to  regulations and other issues.                                                                    
It  would   require  substantial  training   and  additional                                                                    
employees.                                                                                                                      
                                                                                                                                
Representative  Thompson reiterated  his  opposition to  the                                                                    
amendment.                                                                                                                      
                                                                                                                                
Representative Wool  was hesitant  to support  the amendment                                                                    
if it  would burden  the program. He  asked Mr.  Thayer what                                                                    
the structural relationship was between AEA and AIDEA.                                                                          
                                                                                                                                
Mr. Thayer replied  that both entities had  their own boards                                                                    
but  with  the  same   membership.  All  employees  of  both                                                                    
entities were considered AIDEA  employees, and the employees                                                                    
of AEA were considered leased.  The entities had many shared                                                                    
services such  as the financial and  accounting teams, human                                                                    
resources, and  information technology. He added  that AIDEA                                                                    
had   stand-alone  programs   that   were  its   responsibly                                                                    
exclusively.                                                                                                                    
                                                                                                                                
2:36:12 PM                                                                                                                    
                                                                                                                                
Representative Wool  asked how  long it  would take  to make                                                                    
the change.                                                                                                                     
                                                                                                                                
Mr.  Thayer responded  that regulations  would take  between                                                                    
eight and 12 months to write.                                                                                                   
                                                                                                                                
Representative Josephson asked how  many employees worked at                                                                    
AEA when the government began to shrink in 2014 and 2015.                                                                       
                                                                                                                                
Mr. Thayer  was hesitant  to answer  because the  time frame                                                                    
coincided  with  the  proposed Susitna-Watana  Dam  project.                                                                    
There  were about  100 employees  at  AEA at  that time.  In                                                                    
2022, there were 30 employees.                                                                                                  
                                                                                                                                
2:37:32 PM                                                                                                                    
                                                                                                                                
Vice-Chair Ortiz  asked whether the green  bank program made                                                                    
more philosophical sense within AEA or within AIDEA.                                                                            
                                                                                                                                
Mr. Weitzner responded that  philosophically, the green bank                                                                    
made more  sense to  function within  AIDEA. The  bill would                                                                    
help with  job growth and  the emergent green sector  in the                                                                    
state. He  thought AIDEA  would be  better suited  to manage                                                                    
the program.                                                                                                                    
                                                                                                                                
2:39:18 PM                                                                                                                    
                                                                                                                                
Vice-Chair Ortiz  asked Mr.  Thayer to  comment on  the same                                                                    
question.                                                                                                                       
                                                                                                                                
Mr. Thayer  responded that AIDEA had  loan officers whereas,                                                                    
AEA  had project  managers, engineers,  energy experts.  The                                                                    
employees at AEA helped identify  and evaluate projects, but                                                                    
not necessarily administrate the green bank.                                                                                    
                                                                                                                                
Representative  Edgmon   understood  there  was   a  synergy                                                                    
between  AIDEA  and AEA.  He  was  hesitant to  support  the                                                                    
amendment though he understood the intent of it.                                                                                
                                                                                                                                
Representative  Rasmussen asked  if  there  was someone  who                                                                    
could speak to  the loan process. She wondered  if there was                                                                    
a loan underwriter at AIDEA.                                                                                                    
                                                                                                                                
Mr. Weitzner explained that part  of the loan process was to                                                                    
evaluate  applications  for  various types  of  funding.  In                                                                    
every  case,   AIDEA  had  the  obligation   to  evaluate  a                                                                    
financial plan  for the  loan. It was  a similar  process as                                                                    
any financial institution would  undertake when evaluating a                                                                    
loan.  Through the  process, AIDEA  was able  to manage  and                                                                    
evaluate  financial risks  and create  a financial  plan for                                                                    
the  loan. The  plan  would then  be  presented to  internal                                                                    
investment committees, which  would make recommendations for                                                                    
the loan. He invited Mr. Thayer to comment.                                                                                     
                                                                                                                                
Mr. Thayer responded that each  entity had its specific role                                                                    
and there was  a working relationship between  the two. Part                                                                    
of the  loan review process  was to have AIDEA  perform loan                                                                    
evaluations. He believed  he would still depend  on AIDEA to                                                                    
provide expertise  on loans, just  as AIDEA depended  on AEA                                                                    
for technical and energy related questions.                                                                                     
                                                                                                                                
2:44:16 PM                                                                                                                    
                                                                                                                                
Representative  Rasmussen thought  the  only  effect of  the                                                                    
amendment would  be the  changing of  names, as  the players                                                                    
were essentially the same.                                                                                                      
                                                                                                                                
Representative  Josephson  provided   wrap-up  comments.  He                                                                    
argued  that many  people wanted  the program  to be  housed                                                                    
elsewhere. He  understood the two  entities had  many shared                                                                    
duties but thought the amendment was worthwhile.                                                                                
                                                                                                                                
Co-Chair Merrick MAINTAINED the OBJECTION.                                                                                      
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Josephson                                                                                                             
OPPOSED: Carpenter, Edgmon, LeBon, Ortiz, Rasmussen,                                                                            
Thompson, Wool, Foster, Merrick                                                                                                 
                                                                                                                                
Representative Johnson was absent from the vote.                                                                                
                                                                                                                                
The MOTION to adopt Amendment 7 FAILED (1/9).                                                                                   
                                                                                                                                
2:46:36 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:47:50 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick recessed the meeting.                                                                                          
                                                                                                                                
2:47:58 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
[RECESSED TO THE CALL OF THE CHAIR]                                                                                             
                                                                                                                                
4:51:20 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick reconvened the meeting.                                                                                        
                                                                                                                                
Representative   LeBon   MOVED    to   ADOPT   Amendment   8                                                                    
Replacement, 32-GH1074\W.13 (Klein, 4/25/22) (copy on                                                                           
file):                                                                                                                          
                                                                                                                                
     Page 7, line 13, following "AS 44.99.115":                                                                                 
          Insert  "and  prioritize   programs  that  support                                                                    
     energy  efficiency and  renewable  energy projects  for                                                                    
     residential   buildings,   commercial  buildings,   and                                                                    
     community facilities"                                                                                                      
                                                                                                                                
     Page 7, line 19, following "loaned":                                                                                       
          Insert "the amount loaned in communities that                                                                         
     receive, or have a resident who receives, power cost                                                                       
     equalization under AS 42.45.100 - 42.45.150,"                                                                              
                                                                                                                                
     Page 9, lines 16 -19:                                                                                                      
          Delete all material.                                                                                                  
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative LeBon  reviewed the  amendment and  read from                                                                    
it. He  explained that community facilities  were defined in                                                                    
the  same terms  as  in the  power  cost equalization  (PCE)                                                                    
statutes.  He  relayed  that  the  definition  of  community                                                                    
facility in  statute was, "water and  sewer facility, public                                                                    
outdoor  lighting,   charitable  educational   facility,  or                                                                    
community building whose operations are  not paid for by the                                                                    
state,  the   federal  government,  or   private  commercial                                                                    
interests." The  amendment would also add  a loan disclosure                                                                    
requirement for AIDEA.                                                                                                          
                                                                                                                                
4:53:26 PM                                                                                                                    
                                                                                                                                
Representative Wool  MOVED to  ADOPT conceptual  Amendment 1                                                                    
to Amendment 8 Replacement (copy on file):                                                                                      
                                                                                                                                
     Page 1, line 3 of the Amendment                                                                                            
          After "commercial buildings,"                                                                                         
          Add                                                                                                                   
          "public buildings,"                                                                                                   
                                                                                                                                
     Page 1, lines 16-1 7 of the Amendment                                                                                      
          Delete all material                                                                                                   
          Replace with                                                                                                          
          (e)   At  least   35   percent   of  any   initial                                                                    
     appropriation   to  the   Alaska   Clean  Energy   Fund                                                                    
     authorized in the 2022  legislative session [THE FUNDS]                                                                    
     used  for  loans  and  other  forms  of  financing  for                                                                    
     sustainable energy development  made [OVER A THREE-YEAR                                                                    
     PERIOD] under AS 44.88.450 -  44.88.456 must be made in                                                                    
     communities that  receive, or  that have  residents who                                                                    
     receive, power  cost equalization under AS  42.45.100 -                                                                    
     42.45.150.                                                                                                                 
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Wool explained  that the conceptual amendment                                                                    
would  add   public  buildings  to  the   list  of  eligible                                                                    
buildings.  He noted  that Amendment  8 Replacement  deleted                                                                    
all material on page 9, lines  16 -19 which mandated that 35                                                                    
percent  of  loans would  be  designated  for rural  Alaska.                                                                    
However, it  was a  loan program, not  a grant  program. The                                                                    
program required people  to apply for loans, and  it was not                                                                    
wise  to   attempt  to  determine   or  force   people  from                                                                    
particular  areas in  the  state to  apply.  He thought  the                                                                    
state  could encourage  applicants, but  it could  not force                                                                    
people to apply.  He read from the  amendment. He summarized                                                                    
that the amendment  would ensure that 35  percent of initial                                                                    
funding would go to communities  in Alaska that received PCE                                                                    
funding.  He  hoped  the  language  encouraged  applications                                                                    
rather than attempting to force them.                                                                                           
                                                                                                                                
4:56:09 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:06:30 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative  Wool  WITHDREW  conceptual  Amendment  1  to                                                                    
Amendment 8 Replacement.                                                                                                        
                                                                                                                                
Representative Wool  had an additional  conceptual amendment                                                                    
that  stripped  much  of the  language.  He  reiterated  his                                                                    
intent  to add  public buildings  to the  list of  buildings                                                                    
eligible for loans.  He asked if the intent of  the bill was                                                                    
to allow  schools and  public buildings  in rural  Alaska to                                                                    
receive funds through loans to improve energy efficiency.                                                                       
                                                                                                                                
5:08:18 PM                                                                                                                    
                                                                                                                                
MORGAN  NEFF, CHIEF  INVESTMENT  OFFICER, ALASKA  INDUSTRIAL                                                                    
DEVELOPMENT    AND    EXPORT    AUTHORITY    (AIDEA)    (via                                                                    
teleconference),  replied  that   was  not  necessarily  the                                                                    
intent  of the  program. He  thought public  buildings would                                                                    
fall under different types of financing arrangements.                                                                           
                                                                                                                                
5:08:41 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
[RECESSED TO THE CALL OF THE CHAIR]                                                                                             
                                                                                                                                
5:23:56 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick reviewed the agenda for the next meeting.                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB172 Amendment Packet 1-4 042522.pdf HFIN 4/26/2022 1:30:00 PM
HB 172
HB 170 Amendments 1`-8 042422.pdf HFIN 4/26/2022 1:30:00 PM
HB 170
HB 170 Public Testimony Rec'd by 042622.pdf HFIN 4/26/2022 1:30:00 PM
HB 170
HB 170 Amendment 8 Replacement LeBon 042622 W.13.pdf HFIN 4/26/2022 1:30:00 PM
HB 170
HB 170 Conceptual Amendment 1 to Replacement 8 042622.pdf HFIN 4/26/2022 1:30:00 PM
HB 170
HB 170 Amendment 9 Merrick 042622.pdf HFIN 4/26/2022 1:30:00 PM
HB 170
HB 170 Conceptual Amendment 2 to Replacement 8 042622.pdf HFIN 4/26/2022 1:30:00 PM
HB 170
HB172 Public Testimony Rec'd BY 042622.pdf HFIN 4/26/2022 1:30:00 PM
HB 172