Legislature(2021 - 2022)ADAMS 519

05/13/2022 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 131 WORKERS' COMP DISABILITY FOR FIREFIGHTERS TELECONFERENCED
Moved HCS SB 131(FIN) Out of Committee
-- Public Testimony --
+= SB 173 DENTIST SPEC. LICENSE/RADIOLOGIC EQUIP TELECONFERENCED
Moved CSSB 173(FIN) Out of Committee
-- Public Testimony --
+= SB 20 OUT OF STATE TEACHER RECIPROCITY TELECONFERENCED
Moved HCS CSSB 20(EDC) Out of Committee
+= SB 243 PWR COST EQ: RAISE, ENDOW FUND INVESTMENT TELECONFERENCED
Moved CSSB 243(FIN) Out of Committee
CS FOR SENATE BILL NO. 243(FIN)                                                                                               
                                                                                                                                
     "An  Act  relating  to   the  power  cost  equalization                                                                    
     endowment  fund; relating  to power  cost equalization;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
3:19:25 PM                                                                                                                    
                                                                                                                                
Co-Chair Merrick indicated the bill had last been heard on                                                                      
May 9.                                                                                                                          
                                                                                                                                
3:19:39 PM                                                                                                                    
                                                                                                                                
Representative Thompson MOVED to ADOPT Amendment 1, 32-                                                                         
LS1573\I.1, (Nauman/Klein, 5/7/22)(copy on file):                                                                               
                                                                                                                                
     Page 2, following line 6:                                                                                                  
     Insert a new bill section to read:                                                                                         
     "* Sec. 2. AS 42.45.085(d) is amended to read:                                                                             
     (d)  If  the earnings  of  the  fund for  the  previous                                                                    
     closed   fiscal   year,    as   calculated   under   AS                                                                    
     42.45.080(c)(2), exceed the  appropriation under (a) of                                                                    
     this  section   for  the   current  fiscal   year,  the                                                                    
     legislature   may  appropriate   70   percent  of   the                                                                    
     difference  between the  earnings of  the fund  for the                                                                    
     previous  closed fiscal  year, as  calculated under  AS                                                                    
     42.45.080(c)(2), and  the appropriation made  under (a)                                                                    
     of  this  section  for  the   current  fiscal  year  as                                                                    
     follows:                                                                                                                   
                                                                                                                                
     (1) if  the amount calculated under  this subsection is                                                                    
     less  than  $30,000,000,  that amount  to  a  community                                                                    
     revenue sharing or community assistance                                                                                    
     fund; or more,                                                                                                             
     (2) if  the amount calculated under  this subsection is                                                                    
     $30,000,000 or                                                                                                             
     (A) $30,000,000 to a community revenue sharing or                                                                          
     community assistance fund; and                                                                                             
     (B) the  remaining amount,  not to  exceed $25,000,000,                                                                    
     to the  renewable energy  grant fund  established under                                                                    
     AS  42.45.045, to  the bulk  fuel  revolving loan  fund                                                                    
     established under  AS 42.45.250,  [OR] for  rural power                                                                    
     system  upgrades,  for  bulk fuel  upgrades,  or  to  a                                                                    
     combination  of the  funds or  purposes listed  in this                                                                    
     subparagraph."                                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Thompson  explained that the  amendment added                                                                    
bulk fuel  upgrades to a list  of types of projects  that AS                                                                    
42.45.085(d)  may  fund.  The list  currently  included  the                                                                    
renewable energy  fund, the bulk  fuel revolving  loan fund,                                                                    
and rural power system upgrades.  He stated that adding bulk                                                                    
fuel  upgrades  to  the  list   allowed  the  Alaska  Energy                                                                    
Authority  (AEA) to  capture federal  funds on  a one-to-one                                                                    
basis if  it undertook  any bulk  fuel upgrades.  He invited                                                                    
Mr. Thayer to comment.                                                                                                          
                                                                                                                                
3:20:30 PM                                                                                                                    
                                                                                                                                
CURTIS THAYER, EXECUTIVE  DIRECTOR, ALASKA ENERGY AUTHORITY,                                                                    
DEPARTMENT OF  COMMERCE, COMMUNITY AND  ECONOMIC DEVELOPMENT                                                                    
(via  teleconference),  elaborated   on  the  amendment.  He                                                                    
explained  there   was  a   cascading  waterfall   of  funds                                                                    
available  depending  on when  the  fund  reached a  certain                                                                    
level of earnings. He elaborated  that the first $30 million                                                                    
or  so  would  go  to  the  Power  Cost  Equalization  (PCE)                                                                    
payments, the  next $30  million would  go to  the community                                                                    
assistance  program, and  up to  $25 million  could be  used                                                                    
into   the  three   programs  mentioned   by  Representative                                                                    
Thompson  (renewable energy  fund, the  bulk fuel  revolving                                                                    
loan  fund,  and  power  houses).   He  explained  that  the                                                                    
amendment  added  bulk  fuel  as one  of  the  choices.  For                                                                    
example, power houses  had been included for  $10 million in                                                                    
the current  year, which had  received a $10  million match.                                                                    
He  expounded that  if bulk  fuel had  been included  in the                                                                    
category,  AEA could  put any  available dollar  amount into                                                                    
bulk fuel and receive a federal match one for one.                                                                              
                                                                                                                                
Mr.  Thayer  relayed there  was  currently  $300 million  in                                                                    
deferred  maintenance  on  power  houses  and  $800  million                                                                    
deferred  maintenance   in  bulk  fuel.  He   explained  the                                                                    
amendment would  be another mechanism to  help with deferred                                                                    
maintenance if the earnings of  the endowments supported the                                                                    
cascades.                                                                                                                       
                                                                                                                                
3:22:35 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked  to hear from the bill  sponsor or his                                                                    
staff on the amendment.                                                                                                         
                                                                                                                                
TIM GRUSSENDORF, STAFF, SENATOR  LYMAN HOFFMANN, stated that                                                                    
the Senate Finance Committee would  prefer no amendments. He                                                                    
relayed there were already three  competing entities for the                                                                    
$25 million  if the cascades  got to that point.  The fourth                                                                    
entity would  compete with  the first  three. He  noted that                                                                    
the legislature selected where the  $25 million would go and                                                                    
could split the  funds how they chose. He  believed when the                                                                    
renewable energy source had been  added, there was an effort                                                                    
to move  away from fossil  fuels and work  towards renewable                                                                    
energy  sources. He  suggested  that  the legislature  could                                                                    
provide a separate appropriation  for bulk fuel. He remarked                                                                    
the match for  bulk fuel would not be  consistent because of                                                                    
market fluctuations.                                                                                                            
                                                                                                                                
3:24:32 PM                                                                                                                    
                                                                                                                                
Representative  Josephson asked  what  a  bulk fuel  upgrade                                                                    
looked like.                                                                                                                    
                                                                                                                                
Mr. Thayer deferred the question to a colleague.                                                                                
                                                                                                                                
TIM  SANDSTROM,  CHIEF   OPERATING  OFFICER,  ALASKA  ENERGY                                                                    
AUTHORITY  (via teleconference),  responded  that a  typical                                                                    
rural bulk  fuel system consisted of  vertical or horizontal                                                                    
tanks with secondary containment  built into the tank system                                                                    
and  sometimes  as a  dike  around  the system.  There  were                                                                    
approximately   400  rural   facilities,  several   in  each                                                                    
community  that  were  owned  by  school  districts,  Native                                                                    
corporations,   or   other   entities.  He   explained   the                                                                    
facilities  were  in a  continued  state  of disrepair  with                                                                    
approximately  $800  million  in deferred  maintenance.  The                                                                    
tanks often had a great  deal of corrosion and sometimes the                                                                    
secondary containment  was compromised,  which was  the type                                                                    
of project the possible funding would meet.                                                                                     
                                                                                                                                
Representative  Josephson asked  for verification  there was                                                                    
currently $800 million in need for the tanks.                                                                                   
                                                                                                                                
Mr. Sandstrom responded affirmatively.                                                                                          
                                                                                                                                
Representative  Josephson  saw  the  environmental  benefit;                                                                    
however,  he  would  be concerned  that  when  a  legislator                                                                    
offered  an undesignated  general  fund  (UGF) amendment  on                                                                    
bulk fuel  that a  counter argument  would be  the amendment                                                                    
was  unnecessary  because  bulk fuel  could  participate  in                                                                    
specific program  (as proposed in Amendment  1). He remarked                                                                    
that  the  funds were  merely  incremental  whereas an  $800                                                                    
million problem existed.  He did not see the  amendment as a                                                                    
great way to get there.                                                                                                         
                                                                                                                                
3:27:05 PM                                                                                                                    
                                                                                                                                
Representative Wool  remarked that he believed  the proposed                                                                    
addition  would  be  competing with  renewable  energy  fund                                                                    
dollars. He  thought the  goal should  be to  replace diesel                                                                    
fuel  demand with  other energy  sources sooner  rather than                                                                    
later.  He thought  $800 million  [in deferred  maintenance]                                                                    
was a significant amount of  money. He would be opposing the                                                                    
amendment. He thought UGF may be a better approach.                                                                             
                                                                                                                                
Vice-Chair Ortiz  asked for the  name of the  three entities                                                                    
currently competing for the funding.                                                                                            
                                                                                                                                
Mr. Grussendorf  responded that the three  entities included                                                                    
the bulk fuel  revolving loan fund, the  rural power systems                                                                    
upgrade, and the renewable energy fund.                                                                                         
                                                                                                                                
3:28:45 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter asked  how  many individual  tanks                                                                    
the $800 million price tag represented.                                                                                         
                                                                                                                                
Mr.  Sandstorm responded  that  there  were 400  facilities,                                                                    
which  typically had  between two  and ten  bulk fuel  tanks                                                                    
comprising a system.                                                                                                            
                                                                                                                                
Representative  Carpenter  asked if  any  of  the tanks  had                                                                    
regulatory   inspection   requirements  that   resulted   in                                                                    
required system upgrades.                                                                                                       
                                                                                                                                
Mr.  Sandstrom  answered  affirmatively. He  detailed  there                                                                    
were  two primary  regulatory  bodies  responsible for  tank                                                                    
inspections  including   the  U.S.   Coast  Guard   and  the                                                                    
Department  of  Environmental Conservation.  He  highlighted                                                                    
the concern that  the regulatory agencies had  not been very                                                                    
active in  enforcing and doing  monetary finds in  the past;                                                                    
however,  they were  beginning to  do so  as of  the current                                                                    
year.  One of  AEA's  primary efforts  was  to mitigate  the                                                                    
effects and keep the facilities co-compliant and safe.                                                                          
                                                                                                                                
Representative  Carpenter  asked  how many  facilities  were                                                                    
currently known to be out of compliance.                                                                                        
                                                                                                                                
Mr. Sandstrom  responded that AEA was  currently undertaking                                                                    
an inventory assessment that was  anticipated to be complete                                                                    
by the end of the year.  Anecdotally about 75 percent of the                                                                    
facilities  had   some  regulatory  violations   of  varying                                                                    
significance.                                                                                                                   
                                                                                                                                
Representative Carpenter asked if  there were any facilities                                                                    
with leaks needing immediate repairs.                                                                                           
                                                                                                                                
Mr. Sandstrom replied there were none at the current time.                                                                      
                                                                                                                                
3:31:05 PM                                                                                                                    
                                                                                                                                
Representative  Thompson  noted  that earlier  in  the  year                                                                    
there  had been  an effort  to  remove the  $25 million  cap                                                                    
related  to available  funds; however,  the  effort had  not                                                                    
been  successful.  He  commented  that  many  of  the  small                                                                    
communities had old  degrading tanks. He stated  it had been                                                                    
the  purpose of  the proposed  amendment. He  could see  the                                                                    
amendment  was  taking  up  a   significant  amount  of  the                                                                    
committee's time.                                                                                                               
                                                                                                                                
Representative Thompson WITHDREW Amendment 1.                                                                                   
                                                                                                                                
Representative Wool stated  he had an amendment  that he did                                                                    
not  offer which  was to  lower  the amount  from 750kWh  to                                                                    
650kWh. He wanted  to have a discussion about  the topic. He                                                                    
believed there was scarcity of  data in terms of what people                                                                    
were using. He was amenable  to the increase. He had written                                                                    
to  a couple  of utilities  including one  in Fairbanks  and                                                                    
Mat-Su Electric.  The monthly consumption average  by a home                                                                    
in Fairbanks was 568kWh per  month and the average in Mat-Su                                                                    
was  around  604kWh.  He  had  not  seen  any  data  on  PCE                                                                    
communities. He  spoke about increased costs.  He considered                                                                    
whether  some  homes  would  even   need  the  increase.  He                                                                    
believed some people could  expand their consumption through                                                                    
space  heaters, especially  if diesel  costs  were high.  He                                                                    
spoke about the desire for  energy efficiency to heat homes.                                                                    
He  suggested heat  pumps could  be used  in some  areas. He                                                                    
would like  to see  more data on  consumption and  need from                                                                    
AEA.                                                                                                                            
                                                                                                                                
3:35:28 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster  MOVED  to  report  CSSB  243(FIN)  out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note                                                                                                        
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSSB 243(FIN)  was REPORTED out  of committee with  five "do                                                                    
pass"   recommendations   and   five   "no   recommendation"                                                                    
recommendations  and with  one  previously published  fiscal                                                                    
impact note: FN1 (CED).                                                                                                         
                                                                                                                                
Co-Chair  Merrick  reviewed  the meeting  schedule  for  the                                                                    
following day.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 131 Public Testimony Rec'd by 051222.pdf HFIN 5/13/2022 1:30:00 PM
SB 131
SB 243 Amendment 1 Thompson 051322.pdf HFIN 5/13/2022 1:30:00 PM
SB 243
SB 20 Amendment 1 Thompson w Legal Memo 051322.pdf HFIN 5/13/2022 1:30:00 PM
SB 20
SB 131 Amendment Pkt 051322.pdf HFIN 5/13/2022 1:30:00 PM
SB 131
SB 20 DEED Response 20220516 - Count of longterm subs by district and state.pdf HFIN 5/13/2022 1:30:00 PM
SB 20
SB 20 5.13.2022 (H) FIN Hearing SB20 DEED Follow-Up.pdf HFIN 5/13/2022 1:30:00 PM
SB 20