Legislature(2021 - 2022)BELTZ 105 (TSBldg)

02/25/2021 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 15 OPEN MEETINGS ACT; PENALTY TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ SB 13 OIL AND GAS PROPERTY TAX TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ SB 17 ENERGY EFFICIENCY & POLICY: PUB. BLDGS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
**Streamed live on AKL.tv**
          SB 17-ENERGY EFFICIENCY & POLICY: PUB. BLDGS                                                                      
                                                                                                                                
3:54:59 PM                                                                                                                    
CHAIR HUGHES  announced the consideration  of SENATE BILL  NO. 17                                                               
"An  Act   relating  to  the   retrofitting  of   certain  public                                                               
facilities and community facilities;  relating to the performance                                                               
of energy  audits on schools  and community  facilities; relating                                                               
to  the duties  of the  Alaska  Energy Authority  and the  Alaska                                                               
Housing Finance  Corporation; creating a rapid  economic recovery                                                               
office   in  the   Alaska  Industrial   Development  and   Export                                                               
Authority; and  relating to  the state  energy policy  and energy                                                               
source reporting by state agencies."                                                                                            
                                                                                                                                
3:56:55 PM                                                                                                                    
SENATOR  TOM BEGICH,  Alaska State  Legislature, Juneau,  Alaska,                                                               
sponsor of SB  17, explained the bill is  about energy efficiency                                                               
and policy of public buildings.                                                                                                 
                                                                                                                                
He  said the  committee members  already know  the first  invited                                                               
testifier,  Dr.  Sydney Lienemann.  She  has  a PhD  in  chemical                                                               
physics  and   has  spent   the  last   decade  working   at  the                                                               
intersection  of  energy,  science,   and  policy.  She  was  the                                                               
legislative  assistant for  clean  energy for  U.S. Senator  Mark                                                               
Begich and  then led  the Artic Energy  Diplomacy Program  at the                                                               
U.S.  State  Department,  focusing   on  distributed  energy  and                                                               
affordability.                                                                                                                  
                                                                                                                                
SENATOR BEGICH detailed Dr. Lienemann  left her position with the                                                               
U.S. State  Department to serve  as his  chief of staff  for two-                                                               
and-a-half years and  helped develop this legislation  in a prior                                                               
legislature. She currently is the  climate advisor to the City of                                                               
Albuquerque   where  she   is   overseeing   an  energy   service                                                               
performance  contract across  50  facilities and  over 2  million                                                               
square  feet  of  police stations,  libraries,  pools,  community                                                               
centers,  and  office  space.  He  noted that  SB  17  refers  to                                                               
something similar.                                                                                                              
                                                                                                                                
SENATOR  BEGICH   said  the   second  invited   testifier,  Amber                                                               
McDonough, is  an account executive for  energy and environmental                                                               
solutions  for  Siemens Energy.  She  has  a degree  in  chemical                                                               
engineering  from the  University of  Alaska Fairbanks  and is  a                                                               
certified professional engineer.                                                                                                
                                                                                                                                
He  added  both Dr.  Lienemann  and  Ms. McDonough  will  testify                                                               
specifically to the  nature of the (energy  service company) ESCO                                                               
portion of the bill.                                                                                                            
                                                                                                                                
3:59:02 PM                                                                                                                    
SENATOR BEGICH  explained SB 17 is  responding to a lot  of needs                                                               
in the state and in many ways  is an economic recovery bill and a                                                               
bill  that continues  policy  made by  the  legislature in  prior                                                               
years.                                                                                                                          
                                                                                                                                
He said  the State of Alaska  is responsible for $600  million in                                                               
energy costs  associated with close  to 5,000  state-owned public                                                               
facilities. With  significant economic  headwinds visible  on the                                                               
horizon,  reducing   the  state's  energy  costs   through  sound                                                               
investments and  clean energy not  only makes good  fiscal sense,                                                               
but  it  also  fulfills  the   legislative  promise  of  bringing                                                               
renewable energy to Alaskan communities.                                                                                        
                                                                                                                                
He  remarked  everyone's own  families  recognize  the impact  of                                                               
storage, energy  facilities, and alternative energies;  all of us                                                               
are looking  for those  alternatives including  Alaska's partners                                                               
in  the   oil  and  gas   industry  and  others  who   have  been                                                               
diversifying the very field.                                                                                                    
                                                                                                                                
He detailed  in 2010, the  Alaska State Legislature  passed House                                                               
Bill 306  which established the  goal of obtaining 50  percent of                                                               
the state's  energy from renewable  energy by 2025. With  some of                                                               
the highest costs  of energy in the nation,  increasing the share                                                               
of renewable electricity  and heat will save the  state money and                                                               
help insulate costs from volatility and fuel pricing.                                                                           
                                                                                                                                
SENATOR BEGICH said he has from  time to time talked about energy                                                               
costs,  school  districts  in particular.  The  Matanuska-Susitna                                                               
School District's annual energy cost  is around $5 million, which                                                               
is the same  as the cost for the Lower  Kuskokwim School District                                                               
that has  a significantly smaller  population. SB  17 potentially                                                               
would help reduce those costs, he said.                                                                                         
                                                                                                                                
SENATOR BEGICH  detailed in 2010,  the Alaska  Sustainable Energy                                                               
Act  also set  forth a  goal of  retrofitting 25  percent of  the                                                               
state's buildings  over 10,000 square feet  for energy efficiency                                                               
by  2020, but  successfully achieved  that goal  by 2014  through                                                               
public and private partnerships described in the SB 17.                                                                         
                                                                                                                                
He said building on the  success of the Alaska Sustainable Energy                                                               
Act,  SB 17  extends the  energy efficiency  retrofit program  to                                                               
schools and  community centers which  are eligible for  the Power                                                               
Cost  Equalization  (PCE)  program. This  creates  incentives  to                                                               
reform  retrofits for  buildings that  receive State  support for                                                               
their energy bills,  which will save money for  the state, school                                                               
districts  and communities.  However,  single retrofit  projects,                                                               
which is  a lot of  the rural project,  may not be  attractive or                                                               
profitable to  private retrofit enterprises that  were interested                                                               
in the earlier bill.                                                                                                            
                                                                                                                                
4:02:00 PM                                                                                                                    
SENATOR  BEGICH   explained  SB   17  also  directs   the  Alaska                                                               
Industrial Development and Export  Authority (AIDEA) to establish                                                               
a  rapid  economic recovery  office  to  facilitate state  energy                                                               
policy  and encourage  private investment  through  a process  of                                                               
grouping a  number of ESCOs.  This new office will  review energy                                                               
audits to  identify, and bundle  retrofit and other  clean energy                                                               
projects  for marketing  and engagement  with  the Department  of                                                               
Transportation  and Public  Facilities  (DOT&PF) for  contracting                                                               
with  private investors.  This will  ensure the  benefits of  the                                                               
state's energy  policy, clean energy, and  energy retrofitting to                                                               
proliferate  into rural  communities, rather  than just  reaching                                                               
the goal through one large Railbelt project.                                                                                    
                                                                                                                                
He  summarized SB  17  will provide  rapid  economic recovery  by                                                               
bringing  in  new investment  to  support  an Alaska-based  clean                                                               
energy industry and  reduce the challenges and  barriers that may                                                               
prevent   private   companies    from   investing   in   Alaska's                                                               
infrastructure development.                                                                                                     
                                                                                                                                
CHAIR HUGHES requested a sectional analysis for SB 17.                                                                          
                                                                                                                                
SENATOR BEGICH  referenced a supporting  document for SB  17 from                                                               
DOT&PF. The department continually  updates its energy efficiency                                                               
program  and they  have gone  beyond the  25 percent  and have  a                                                               
remarkable  story  that  they  hopefully   will  share  with  the                                                               
committee.                                                                                                                      
                                                                                                                                
4:04:17 PM                                                                                                                    
CONNOR   OWENS,  Staff,   Senator   Tom   Begich,  Alaska   State                                                               
Legislature, Juneau,  Alaska, provided  a sectional  analysis for                                                               
SB 17:                                                                                                                          
                                                                                                                                
     Section 1                                                                                                                
     Establishes   legislative  intent   to  outfit   public                                                                    
     buildings,  facilities,  and  schools with  new  energy                                                                    
     upgrades  to  ultimately  reduce net  energy  costs  by                                                                    
     2026.                                                                                                                      
                                                                                                                                
     Section 2                                                                                                                
     Amends AS 18.56 by adding  a section AS 18.56.865 which                                                                    
     authorizes  the   Alaska  Energy  Authority   (AEA)  to                                                                    
     conduct  energy   audits  of  public   facilities  upon                                                                    
     requests.                                                                                                                  
                                                                                                                                
     Section 3                                                                                                                
     Amends AS  42.45.110 by adding  a new  subsection which                                                                    
     permits  owners of  public  facilities  that use  power                                                                    
     cost equalization under subsection  (b) of this statute                                                                    
     to allow  AEA, the Alaska Housing  Finance Corporation,                                                                    
     or DOT&PF to perform energy audits and retrofits.                                                                          
                                                                                                                                
     Section 4                                                                                                                
     Amends   AS  44.42.065(a)   by  adding   public  school                                                                    
     buildings  to the  list  of  community facilities  that                                                                    
     DOT&PF  must  perform  energy audits  for  every  seven                                                                    
     years.                                                                                                                     
                                                                                                                                
     Section 5                                                                                                                
     Amends AS  44.42.065(c) by including the  definition of                                                                    
     public  school   as  defined  by  AS   14.25.220.  This                                                                    
     definition does not include  charter schools as defined                                                                    
     by AS 14.03.290.                                                                                                           
                                                                                                                                
4:06:57 PM                                                                                                                    
     Section 6                                                                                                                
     Amends AS  44.42.065 by adding  a new  subsection which                                                                    
     authorizes  DOT&PF to  coordinate with  AEA to  conduct                                                                    
     energy audits by request.                                                                                                  
                                                                                                                                
     Section 7                                                                                                                
     Amends the  date under AS 44.42.067(a)  to which DOT&PF                                                                    
     shall  retrofit  at  least 25  percent  of  all  public                                                                    
     facilities to no later than January 1, 2026.                                                                               
                                                                                                                                
     Section 8                                                                                                                
     Amends AS 44.42.067(e)  to include education facilities                                                                    
     in  addition to  government and  public use  facilities                                                                    
     within  the  definition   of  public  facilities.  This                                                                    
     section also  the square  foot requirement  from 10,000                                                                    
     square  feet  to  5,000  square  feet  for  public  use                                                                    
     facilities.                                                                                                                
                                                                                                                                
     Section 9                                                                                                                
     Adds a new  section under AS 44.83,  AS 44.83.088 which                                                                    
     directs  AIDEA to  coordinate  with  DOT&PF for  energy                                                                    
     audits  on  public  facilities   that  use  power  cost                                                                    
     equalization  as  defined   by  AS  44.45.110(b).  This                                                                    
     section  also directs  AEA to  perform these  audits at                                                                    
     least once  every seven  years and  allows AEA  to work                                                                    
     with entities  that own  public facilities  to identify                                                                    
     sources of funding for audits or retrofits.                                                                                
                                                                                                                                
     Section 10                                                                                                               
     Amends  AS  44.88  by  inserting   a  new  section,  AS                                                                    
     44.88.179,  which directs  AIDEA to  establish a  rapid                                                                    
     economic  recovery office  to  facilitate State  energy                                                                    
     policy and  encourage private investment.  This section                                                                    
     also  directs   this  new  office  of   rapid  economic                                                                    
     recovery  to  review  energy  audits,  identify  energy                                                                    
     retrofit projects  to be bundled, market  these bundled                                                                    
     projects,  and  engage  with DOT&PF  to  contract  with                                                                    
     private investors.                                                                                                         
                                                                                                                                
     Section 11                                                                                                               
     Adds  a  new  subsection   under  AS  44.99.115,  which                                                                    
     establishes a  state energy policy target  date of 2026                                                                    
     to have  at least  50 percent of  total energy  used by                                                                    
     the  state   coming  from  clean  energy   sources  and                                                                    
     authorizes AEA  to request periodic updates  from State                                                                    
     facilities  on the  estimated percent  of total  energy                                                                    
     used  obtained  from  clean  energy  sources.  For  the                                                                    
     purpose   of  this   legislation,  this   section  also                                                                    
     includes  definitions of  what is  classified as  clean                                                                    
     energy. This section also  includes the previously used                                                                    
     definitions  of  power   cost  equalization  and  State                                                                    
     funded public  facilities which includes  public school                                                                    
     buildings but excludes charter schools.                                                                                    
                                                                                                                                
4:10:40 PM                                                                                                                    
SENATOR GRAY-JACKSON asked if public facilities and buildings                                                                   
refer to all public facilities throughout the state, not just                                                                   
those the state owns.                                                                                                           
                                                                                                                                
SENATOR  BEGICH  answered  public   buildings  are  state  public                                                               
buildings. Currently  the law has the  retrofitting occurring for                                                               
state public  buildings that are  10,000 square feet  or greater;                                                               
this would  lower that  threshold to 5,000  square feet  and then                                                               
expand it to include public school buildings.                                                                                   
                                                                                                                                
SENATOR GRAY-JACKSON asked  him to confirm the  bill only applies                                                               
to state facilities and not  to, for example, to the Municipality                                                               
of Anchorage buildings.                                                                                                         
                                                                                                                                
SENATOR BEGICH explained the intent of  the bill is for state and                                                               
school district  buildings, not municipality buildings.  The bill                                                               
does include  buildings that  qualify for the  PCE program.  If a                                                               
building qualified under PCE, it would qualify under SB 17.                                                                     
                                                                                                                                
SENATOR  WILSON  asked why  the  bill  does not  include  charter                                                               
schools.                                                                                                                        
                                                                                                                                
4:12:30 PM                                                                                                                    
SENATOR BEGICH  offered his understanding that  no charter school                                                               
meets the  size threshold of  5,000 square  foot and some  are in                                                               
private  buildings. He  deferred  further response  to DOT&PF  or                                                               
other individuals  might have more  details about the  reason for                                                               
excluding charter schools.                                                                                                      
                                                                                                                                
CHAIR  HUGHES asked  Mark  Davis with  DOT&PF  to answer  Senator                                                               
Wilson's question.                                                                                                              
                                                                                                                                
4:13:33 PM                                                                                                                    
MARK   DAVIS,   Director,   Division  of   Facilities   Services,                                                               
Department  of Transportation  and Public  Facilities, Anchorage,                                                               
Alaska, deferred the question to Christopher Hodgin.                                                                            
                                                                                                                                
4:13:54 PM                                                                                                                    
CHRISTOPHER   HODGIN,  Senior   Project   Manager,  Division   of                                                               
Facilities  Services,  Department  of Transportation  and  Public                                                               
Facilities, Anchorage, Alaska,  said he believes the  focus is on                                                               
the  public facilities  and schools  that receive  a majority  of                                                               
their funding from  the state and charter schools  do not receive                                                               
much in the way of state funds.                                                                                                 
                                                                                                                                
SENATOR  BEGICH  suggested  either  Dr. Lienemann  or  Ms.  Tobin                                                               
answer the question.                                                                                                            
                                                                                                                                
4:15:23 PM                                                                                                                    
LOKI TOBIN, Staff, Senator Tom  Begich, Alaska State Legislature,                                                               
Juneau,  Alaska,   explained  the   statute  referenced   in  the                                                               
sectional  analysis defines  public  schools as  those "that  are                                                               
supported  by public  funds," which  includes  a publicly  funded                                                               
charter  school. SB  17 simply  clarifies that  a charter  school                                                               
that uses or receives support  from private funds is not included                                                               
in the definition of a public facility.                                                                                         
                                                                                                                                
CHAIR  HUGHES asked  if some  charter  schools in  the state  are                                                               
solely funded  through private funds while  others receive public                                                               
funds.                                                                                                                          
                                                                                                                                
MS. TOBIN answered that is correct.                                                                                             
                                                                                                                                
CHAIR HUGHES asked  her to provide a list of  the charter schools                                                               
and how they are funded.                                                                                                        
                                                                                                                                
SENATOR WILSON asked if the  bill excludes all charter schools or                                                               
just the privately funded charter schools.                                                                                      
                                                                                                                                
MS. TOBIN  replied she  will ask Legal  Services to  clarify. The                                                               
bill is intended to only exclude  charter schools that use or are                                                               
supported by private funds.                                                                                                     
                                                                                                                                
SENATOR WILSON  expressed concern  that in communities  that have                                                               
base power  costs, adding schools  may help the energy  costs for                                                               
the school  but it may  increase costs for  individual ratepayers                                                               
to cover the cost of decreased utilization.                                                                                     
                                                                                                                                
4:18:10 PM                                                                                                                    
SENATOR BEGICH  answered the bundling  capacity shares  the risk,                                                               
but  that  is  a  possibility. Should  costs  increase  for  some                                                               
communities, some other level of  intervention would be necessary                                                               
for those  communities. He added that  if the bill were  to start                                                               
moving, his  office would get  further clarification  from DOT&PF                                                               
and the other entities. He acknowledged it was a good question.                                                                 
                                                                                                                                
CHAIR HUGHES  asked if most  of the buildings that  qualified for                                                               
the retrofit  under the 2010 bill  were in urban areas  along the                                                               
Railbelt.                                                                                                                       
                                                                                                                                
SENATOR BEGICH answered virtually all  the structures were on the                                                               
Railbelt. He deferred to Mr. Hodgin to provide details.                                                                         
                                                                                                                                
4:20:27 PM                                                                                                                    
MR.  HODGIN stated  retrofit projects  were executed  in over  75                                                               
facilities since the legislation passed  in 2010. Many were along                                                               
the Railbelt, but rural retrofits  were done in St. Mary's, Nome,                                                               
and  Bethel,  as  well  as locations  in  Ketchikan,  Sitka,  and                                                               
Juneau.                                                                                                                         
                                                                                                                                
MR. HODGIN  noted the  annual energy  savings from  the completed                                                               
retrofit projects  is greater than $4.1  million. That represents                                                               
an  investment  of  about  $40   million  in  projects  and  that                                                               
investment  is  from  state, federal,  and  financed  funds.  The                                                               
payback is about  10 years, so some of the  projects have already                                                               
started  completion of  their financing  terms and  have realized                                                               
some of the savings.                                                                                                            
                                                                                                                                
CHAIR  HUGHES asked  how much  the state  contributed of  the $40                                                               
million investment.                                                                                                             
                                                                                                                                
MR. HODGIN answered he would follow up with the information.                                                                    
                                                                                                                                
4:22:29 PM                                                                                                                    
SENATOR  BEGICH  said  the  largest state  expense  in  the  ESCO                                                               
process is  staff going out  to conduct the audits  and supervise                                                               
the program. When  the audit is complete,  the private businesses                                                               
pay themselves  back for their  retrofitting investment  with the                                                               
energy savings  from the energy so  there is no state  outlay for                                                               
that.                                                                                                                           
                                                                                                                                
CHAIR  HUGHES asked  him to  explain the  intent language  at the                                                               
bottom of page 1 and top of page 2 that states:                                                                                 
                                                                                                                                
     ...by  2026,  enter  into  energy  service  performance                                                                    
     contracts  valued at  $100,000,000  to retrofit  public                                                                    
     facilities...  while avoiding  an upfront  cost to  the                                                                    
     state,...                                                                                                                  
                                                                                                                                
She asked  how this  will work  with little  upfront cost  to the                                                               
state.                                                                                                                          
                                                                                                                                
SENATOR BEGICH  suggested the committee  hear from  Dr. Lienemann                                                               
and Ms. McDonough.                                                                                                              
                                                                                                                                
4:24:46 PM                                                                                                                    
CHAIR HUGHES moved to invited testimony on SB 17.                                                                               
                                                                                                                                
4:24:57 PM                                                                                                                    
SYDNEY  LIENEMANN,   PhD,  Climate  Advisor   representing  self,                                                               
Albuquerque, New Mexico stated she  has worked most of her career                                                               
looking at  ways to improve  the affordability  and accessibility                                                               
of clean  energy including energy efficiency.  Her career started                                                               
with writing grants  to study wind energy  potential in Southwest                                                               
Alaska. She  eventually left Alaska  to earn her PhD  in chemical                                                               
physics  where  she  studied  how  to  make  materials  for  next                                                               
generation  solar  energy. Afterwards,  she  worked  in the  U.S.                                                               
Senate  and led  the  U.S. Department  of  State's Arctic  Energy                                                               
Diplomacy program which focused  on Alaska rural energy expertise                                                               
with the  rest of  the circumpolar  north. Thereafter  she worked                                                               
for  the Alaska  State  Legislature  as the  chief  of staff  for                                                               
Senator Begich and  currently is the climate advisor  to the City                                                               
of Albuquerque, New Mexico.                                                                                                     
                                                                                                                                
DR.  LIENEMANN said  that when  she and  Senator Begich's  office                                                               
first worked  on the  legislation, the  first step  was outlining                                                               
the problem they wanted to  solve. Energy efficiency is harder to                                                               
finance  off  the  Railbelt  because   things  are  smaller,  and                                                               
communities  are more  spread out.  After the  [American Recovery                                                               
and  Reinvestment Act  of  2009], DOT&PF  did  an incredible  job                                                               
retrofitting  buildings  10,000  square  feet  or  greater  using                                                               
performance contract financing which has  saved the state over $4                                                               
million in the last 10 years.                                                                                                   
                                                                                                                                
DR. LIENEMANN explained  the problem is that there are  not a lot                                                               
of  buildings  over  10,000  square feet  in  rural  Alaska.  The                                                               
challenge  is   how  to  make   sure  models,   like  performance                                                               
contracting where  there are no  upfront costs to the  state, are                                                               
available to  rural Alaska  when there are  not the  economies of                                                               
scale  that  downtown  Anchorage  or  Juneau  have.  Solving  the                                                               
problem   will  only   happen  through   significant  stakeholder                                                               
engagement to  understand the unique  challenges. And  to Senator                                                               
Wilson's point, fit  them without raising the cost  of energy for                                                               
everyone else.                                                                                                                  
                                                                                                                                
4:27:13 PM                                                                                                                    
DR.   LIENEMANN   stated   New  Mexico   has   some   interesting                                                               
similarities to  Alaska's rural-urban  divide. Like  Alaska, most                                                               
of New  Mexico's large  buildings are within  two or  three major                                                               
population centers,  and ensuring  rural communities  have access                                                               
to programs designed to lower energy  costs is a huge problem. To                                                               
address  these  challenges,  the  New  Mexico  State  Legislature                                                               
created two  programs over the last  30 years that resulted  in a                                                               
thriving energy  efficient economy statewide. New  Mexico now has                                                               
the largest job  growth in the energy efficiencies  sector in the                                                               
country. She opined  that is largely because of  the two programs                                                               
that are in place.                                                                                                              
                                                                                                                                
DR. LIENEMANN detailed the first  program was the creation of the                                                               
New  Mexico  Finance  Authority (NMFA)  and  the  public  project                                                               
revolving loan fund used to  finance many rural energy efficiency                                                               
projects around the state.  To incentivize low-income communities                                                               
in particular,  New Mexico  offers low or  no interest  loans for                                                               
areas with median income below the state average.                                                                               
                                                                                                                                
DR. LIENEMANN  explained NMFA coordinates the  financing of state                                                               
and local infrastructure and building  projects to include public                                                               
schools. It looks  for opportunities to build  economies of scale                                                               
by coordinating  between government  entities. For example,  if a                                                               
rural  school  requires  major maintenance,  NMFA  will  identify                                                               
other  scheduled  upgrades  in  that community  and  combine  the                                                               
financing  to help  with the  logistics of  the project.  This is                                                               
bundling multiple  projects in  one area or  across the  state to                                                               
take  advantage  of the  tax-exempt  bond  market for  financing.                                                               
Since 1992,  NMFA has  made over 1,800  loans totaling  about $40                                                               
billion.                                                                                                                        
                                                                                                                                
4:28:55 PM                                                                                                                    
DR.  LIENEMANN  said  the  second  thing  the  New  Mexico  State                                                               
Legislature established is the  Public Facility Energy Efficiency                                                               
and  Water Conservation  program.  This created  a framework  for                                                               
state and  local governments and  school districts to  use energy                                                               
service   performance  contracting   to  finance   sustainability                                                               
related  upgrades.  This  is   energy  efficiency  and  renewable                                                               
energy.  For New  Mexico it  is  always water  savings and  water                                                               
reclamation projects.                                                                                                           
                                                                                                                                
She  detailed New  Mexico created  template  contracts and  price                                                               
agreements with  contractors to allow local  governments to avoid                                                               
long  request  for  proposal (RFP)  processes  and  get  projects                                                               
scoped, financed, and completed a  lot faster. Since that program                                                               
started about 20 years ago, the  program has resulted in close to                                                               
$100 million  in energy efficiency projects  in public facilities                                                               
including schools, municipal buildings, and museums.                                                                            
                                                                                                                                
DR.  LIENEMANN  noted  the City  of  Albuquerque  just  completed                                                               
scoping  and selected  a contractor  for its  own energy  service                                                               
performance contract.  Like many  other government  entities, the                                                               
City  of Albuquerque  does  not  have the  financing  to pay  for                                                               
upgrades up front.  They are financing their projects  over 12 to                                                               
15  years, guaranteed  by the  energy savings.  This is  for more                                                               
than 50 buildings, over 2 million  square feet. She said she does                                                               
not  believe the  program would  have been  possible without  the                                                               
framework, paperwork,  and legal templates available  through New                                                               
Mexico's state program.                                                                                                         
                                                                                                                                
DR. LIENEMANN offered  her belief New Mexico's  success in energy                                                               
efficiencies  stems from  the combination  of a  financing entity                                                               
able to  combine public and  private funding, and  bundling small                                                               
projects  to take  advantage of  economies of  scale. New  Mexico                                                               
also  has the  office she  serves  in that  resulted from  energy                                                               
service  performance  contracting   legislation  that  identifies                                                               
potential projects  and offers best practices  and legal document                                                               
templates.  That has  made it  easier for  local governments  and                                                               
school district  employees to get  energy efficiency  projects up                                                               
and going.                                                                                                                      
                                                                                                                                
DR.  LIENEMANN said  she  thinks the  bill  before the  committee                                                               
accomplishes the  two goals she  previously noted and  provides a                                                               
framework that will encourage energy efficiency across Alaska.                                                                  
                                                                                                                                
SENATOR BEGICH  asked her  to address  Chair Hughes'  question on                                                               
how the savings occur from the energy efficiency projects.                                                                      
                                                                                                                                
DR. LIENEMANN  explained energy costs are  going to go down  as a                                                               
result  of  the  energy  efficiency  upgrades,  and  energy  cost                                                               
savings  are quantifiable.  The  state can  use  the energy  cost                                                               
savings  to  guarantee  a  loan   to  do  the  energy  efficiency                                                               
upgrades.  If a  project takes  10 years  to payoff  a loan,  the                                                               
state  will  realize the  full  energy  savings. The  office  the                                                               
legislation  proposes  would  help  to  find  private  or  public                                                               
financing. The  state would not  ever see a cost  increase, there                                                               
is no upfront  cost, and even the facilities'  monthly bill would                                                               
go down.  The state would  have the best  of both worlds  with no                                                               
big bill  due at  the completion  of energy  efficiency upgrades,                                                               
and the project  payoffs occur over a time while  energy bills go                                                               
down.                                                                                                                           
                                                                                                                                
4:34:00 PM                                                                                                                    
CHAIR HUGHES  asked her  to confirm the  state would  realize the                                                               
savings after paying off the loan.                                                                                              
                                                                                                                                
DR. LIENEMANN explained the usual  structure of loans would allow                                                               
the  state to  immediately realize  half of  the cost  savings by                                                               
splitting the difference between cost  savings and paying off the                                                               
loan. Once  the program  pays off the  loans, typically  in 10-15                                                               
years,  the  state  realizes  the full  savings  from  an  energy                                                               
efficient building.                                                                                                             
                                                                                                                                
4:35:22 PM                                                                                                                    
AMBER  MCDONOUGH,  Account   Executive,  Energy  and  Performance                                                               
Services, Siemens  Industry, Inc., Anchorage, Alaska,  stated she                                                               
has  been  developing  energy performance  contracting  work  for                                                               
Siemens  as an  ESCO in  Alaska for  over 12  years. During  that                                                               
time,  Siemens  has  implemented  approximately  $50  million  in                                                               
energy savings performance contracting work.                                                                                    
                                                                                                                                
She  explained,   in  its  simplest   form,  an   energy  savings                                                               
performance   contract  allows   facility  owners   to  implement                                                               
improvements by  capturing wasted energy and  operational dollars                                                               
to  pay  for  infrastructure  improvements  over  time.  Under  a                                                               
performance contract,  an ESCO designs, develops,  and constructs                                                               
energy  projects and  guarantees the  savings results  over time.                                                               
Energy  savings performance  contracts  are  budget neutral  with                                                               
very little out  of pocket expense for facility  owners. The ESCO                                                               
typically does  not take out a  loan to pay for  the improvements                                                               
directly,  but instead  helps owners  procure financing  directly                                                               
from third-party  lenders to ensure the  lowest possible interest                                                               
rates.                                                                                                                          
                                                                                                                                
MS.  MCDONOUGH detailed  a  typical  energy performance  contract                                                               
involves  development  in  four phases:  preliminary  assessment,                                                               
investment  grade   audit,  project  construction,  and   then  a                                                               
performance  assurance period  or savings  guarantee period.  The                                                               
State of Alaska requires a  three-year minimum savings guarantee,                                                               
but it  considers projects as  cost effective if the  net project                                                               
pays  for itself  over a  15-year  term. Savings  accrue for  the                                                               
customer  as soon  as construction  starts, during  the repayment                                                               
period, and  then after the  repayment period  in 10 years  or 15                                                               
years, the  savings go directly to  the customer for the  life of                                                               
the equipment upgrades.                                                                                                         
                                                                                                                                
4:37:33 PM                                                                                                                    
MS. MCDONOUGH  said the design of  SB 17 seems to  encourage more                                                               
energy performance  contracting throughout the  state, especially                                                               
for  rural  communities  and educational  institutions.  However,                                                               
even  for performance  contracting  projects  that make  enormous                                                               
technical  and  economic  sense,   she  has  found  that  project                                                               
financing for  smaller clients  without reliable  revenue streams                                                               
is a challenge.                                                                                                                 
                                                                                                                                
She noted  earlier in February  she requested a credit  check for                                                               
the City of Galena, population  500, for approximately $1 million                                                               
to $2 million to complete a  funding gap for a proposed microgrid                                                               
project. She said the lender told  her the loan was too risky and                                                               
too much  money for too small  of a community, so  she was unable                                                               
to approach the city with an alternative financing solution.                                                                    
                                                                                                                                
MS. MCDONOUGH  said regarding SB 17,  she has a few  comments and                                                               
recommendations regarding the bundling  of projects, the types of                                                               
audits used, and the retrofit targets set by the bill.                                                                          
                                                                                                                                
CHAIR HUGHES asked for the suggestions.                                                                                         
                                                                                                                                
4:38:50 PM                                                                                                                    
MS. MCDONOUGH  said regarding bundling  projects, SB 17  seems to                                                               
direct AIDEA  to establish  a rapid  economic recovery  office to                                                               
facilitate the review of energy  audits, identify energy retrofit                                                               
projects for  bundling, market the  bundled projects,  and engage                                                               
with private investors.                                                                                                         
                                                                                                                                
She said she assumes AIDEA would  use the state to provide energy                                                               
audits, estimate  the amount of construction  funding needed, and                                                               
then  work  to  identify  a   third-party  financier  to  provide                                                               
financing for the total amount of the bundle projects.                                                                          
                                                                                                                                
MS. MCDONOUGH said  the legislation could help  by leveraging the                                                               
good credit  of the  State of  Alaska to  allow the  financier to                                                               
contractually  deal  with the  State  as  the sole  entity.  This                                                               
reduces the  risk of  the overall loan  and hopefully  provides a                                                               
competitive interest rate to the state.                                                                                         
                                                                                                                                
MS. MCDONOUGH  said the  biggest problem  she sees  with securing                                                               
private  investors for  rural communities,  and especially  rural                                                               
education area  schools, is  their lack of  tax base  and revenue                                                               
that would guarantee  the ability to repay debt on  their own. An                                                               
agreement between the State of  Alaska and the financier would be                                                               
a big help for bundling projects.                                                                                               
                                                                                                                                
She  noted  she  has  run  into challenges  when  trying  to  vet                                                               
financing for  single owners with a  lot of tenants, such  as the                                                               
Dimond Shopping Mall and the  Ted Stevens Anchorage International                                                               
Airport.  These  places  have  a  single  owner  with  a  lot  of                                                               
independent tenants who need to  agree on the improvements before                                                               
project approval and financing.                                                                                                 
                                                                                                                                
MS. MCDONOUGH said  she sees the project bundling  proposed by SB
17 as  an example of a  single owner with multiple  tenants where                                                               
the state asks lenders to  provide one loan for multiple projects                                                               
with different  owners. Bundling  consideration for SB  17 should                                                               
include how  the state will  downflow individual  loan agreements                                                               
to each of the project owners  within the bundle, and how it will                                                               
manage the  accounting and repayment  of the loans  by individual                                                               
project owners that flow back to the primary lender.                                                                            
                                                                                                                                
MS. MCDONOUGH said  when she considered solutions  to the project                                                               
bundling  questions, she  inquired  if the  state has  considered                                                               
using the  Alaska Housing  Finance Corporation's  (AHFC) existing                                                               
Alaska  Energy Efficiency  Revolving  Loan Fund  to issue  energy                                                               
performance contracting loans.  One example of this  is that AHFC                                                               
has been previously willing to  consider loans to rural education                                                               
areas at  predetermined interest rates  based on the term  of the                                                               
loans rather than the credit ratings of the individual borrower.                                                                
                                                                                                                                
4:42:08 PM                                                                                                                    
SENATOR  BEGICH asked  her  to  clarify that  the  bill does  not                                                               
adequately specify the nature of how bundling would occur.                                                                      
                                                                                                                                
MS.  MCDONOUGH  answered   correct.  She  said  if   she  were  a                                                               
financier,  she would  see the  current  version of  the bill  as                                                               
bundling  of  projects  but still  having  to  potentially  write                                                               
individual  loan contracts  for each  of the  projects, which  is                                                               
undesirable.                                                                                                                    
                                                                                                                                
SENATOR BEGICH asked if she  would be interested in providing the                                                               
language to help clarify that in  the bill to meet the particular                                                               
goal she suggested.                                                                                                             
                                                                                                                                
MS. MCDONOUGH  answered yes, Siemens has  financial managers that                                                               
would be  willing to  assist in drafting  language that  would be                                                               
more attractive to financiers.                                                                                                  
                                                                                                                                
CHAIR HUGHES asked if she had any additional comments.                                                                          
                                                                                                                                
4:43:26 PM                                                                                                                    
MS. MCDONOUGH replied  she had a few comments on  the audits. The                                                               
legislation  focuses on  enabling  AEA and  DOT&PF to  coordinate                                                               
efforts to provide  energy audits to rural  schools. However, the                                                               
bill does not define the level  of detail required for the energy                                                               
audits  the state  will  be performing.  For  example, the  state                                                               
should  define  the  type  of   audits  performed  via  either  a                                                               
feasibility  study American  Society  of Heating,  Refrigerating,                                                               
and Air-Conditioning  Engineers (ASHRAE) Level One  energy audit;                                                               
a more detailed ASHRAE Level Two  energy audit; or a hybrid style                                                               
investment  grade  audit used  by  ESCOs  to develop  performance                                                               
contracts.                                                                                                                      
                                                                                                                                
She  suggested  the  state  confine  its  audits  to  preliminary                                                               
feasibility studies  (qualifier audits) that are  inexpensive and                                                               
quick   to  perform.   They  could   confirm  potential   savings                                                               
opportunities  for each  facility to  warrant the  expense of  an                                                               
ESCO   investment  grade   audit.  If   the  state   justifies  a                                                               
performance contracting opportunity, an  ESCO would still need to                                                               
do its own independent investment grade  audits if it is going to                                                               
guarantee  project savings.  This  allows ESCOs  to validate  and                                                               
agree to  the estimated savings and  construction costs generated                                                               
by the state  delivered audits. There will still  be that expense                                                               
to the state even if it does a more detailed audit in advance.                                                                  
                                                                                                                                
CHAIR HUGHES asked what the acronym ESCO stands for.                                                                            
                                                                                                                                
MS.  MCDONOUGH  replied it  stands  for  energy service  company.                                                               
These  types   of  companies  develop  and   deliver  performance                                                               
contracting  services,  deliver  and distribute  energy  systems,                                                               
provide power purchase  agreements for solar and  wind, and offer                                                               
renewable energy solutions.                                                                                                     
                                                                                                                                
4:45:20 PM                                                                                                                    
MS.  MCDONOUGH  said  her  last   suggestion  relates  to  energy                                                               
retrofit targets  in Section  7. The target  says that  the state                                                               
will retrofit  approximately 25 percent of  all public facilities                                                               
no later than January 1, 2026.  She said her impression is DOT&PF                                                               
has  already achieved  the target  and she  would suggest  a more                                                               
aggressive target  like 50 percent  of all facilities  by January                                                               
1, 2026.                                                                                                                        
                                                                                                                                
CHAIR HUGHES  asked the sponsor  if he has identified  the number                                                               
of buildings that the 5,000 square foot target covers.                                                                          
                                                                                                                                
SENATOR BEGICH deferred the question to Ms. Tobin or DOT&PF.                                                                    
                                                                                                                                
MR.  HODGIN  answered  his  preliminary  numbers,  not  including                                                               
school  buildings, show  503 state  facilities  are 5,000  square                                                               
feet or greater, and the goal is  to get to the 25 percent target                                                               
of that number.                                                                                                                 
                                                                                                                                
4:47:44 PM                                                                                                                    
CHAIR  HUGHES  asked  him  to   confirm  that  503  buildings  is                                                               
everything  that  is  5,000  square   feet  or  greater  and  not                                                               
retrofitted.                                                                                                                    
                                                                                                                                
MR.  HODGIN   replied  DOT&PF   has  executed   approximately  75                                                               
facilities with  18 remaining  in state  facilities in  the broad                                                               
portfolio of 503 that are 5,000 square feet or greater.                                                                         
                                                                                                                                
CHAIR  HUGHES  asked the  sponsor  if  the definition  of  "clean                                                               
energy" includes natural gas.                                                                                                   
                                                                                                                                
SENATOR  BEGICH  answered  he believes  the  definition  includes                                                               
natural gas.                                                                                                                    
                                                                                                                                
MS. TOBIN answered  she does not know the  specific definition of                                                               
"natural gas,"  but the definition  of clean energy  includes low                                                               
emission, non-toxic biomass from  solid, liquid, or organic fuel.                                                               
Also, the definition  includes digester gas. She said  she is not                                                               
entirely  sure  of  the  specific  definition  of  "natural  gas"                                                               
located on page 4, lines 19-23.                                                                                                 
                                                                                                                                
CHAIR HUGHES stated that is important to know.                                                                                  
                                                                                                                                
CHAIR HUGHES asked Mr. Weitzner and  Mr. Thayer to comment on the                                                               
legislation.                                                                                                                    
                                                                                                                                
4:50:04 PM                                                                                                                    
ALAN   WEITZNER,   CEO/Executive  Director,   Alaska   Industrial                                                               
Development  and  Export  Authority (AIDEA),  Anchorage,  Alaska,                                                               
stated AIDEA  has had a  preliminary discussion with  the sponsor                                                               
and would  like follow up  on some things. He  expressed interest                                                               
in  getting   more  definition  and  detail   about  the  Siemens                                                               
testimony to better  understand the structure of  the bundling in                                                               
the bill that would possibly impact AIDEA.                                                                                      
                                                                                                                                
4:50:57 PM                                                                                                                    
CURTIS  THAYER,  Executive   Director,  Alaska  Energy  Authority                                                               
(AEA), Anchorage, Alaska,  stated AEA has also  been working with                                                               
the sponsor to clarify parts of the bill.                                                                                       
                                                                                                                                
He said only residential homes  up to 550 kilowatts and community                                                               
buildings are  power cost equalization (PCE)  qualified. Schools,                                                               
government buildings,  and commercial  facilities do  not qualify                                                               
for or receive  PCE. If a community building is  not a government                                                               
facility,  then  PCE qualifies  for  that  building but  not  for                                                               
schools.                                                                                                                        
                                                                                                                                
MR. TYAYER  stated AEA looks  forward to continuing to  work with                                                               
Senator Begich  to clarify AEA's  role and providing some  of the                                                               
information that the bill has indicated to make SB 17 a success.                                                                
                                                                                                                                
CHAIR HUGHES  thanked Mr. Thayer  for addressing  which buildings                                                               
are PCE qualified.                                                                                                              
                                                                                                                                
4:52:12 PM                                                                                                                    
CHAIR HUGHES held SB 17 in committee.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
SB 13 Version B.PDF SCRA 2/25/2021 3:30:00 PM
SB 13
SB 13 Sectional Analysis.pdf SCRA 2/25/2021 3:30:00 PM
SB 13
SB 13 Sponsor Statement.pdf SCRA 2/25/2021 3:30:00 PM
SB 13
SB 13 Supporting Document - 2019-02 AML resolution - Reimburse Property Tax Exemption.pdf SCRA 2/25/2021 3:30:00 PM
SCRA 2/3/2022 3:30:00 PM
SB 13
SB 13 Supporting Document - Higher Education Fund, UA Summary.pdf SCRA 2/25/2021 3:30:00 PM
SCRA 2/3/2022 3:30:00 PM
SB 13
SB 13 Supporting Document - Legislative Finance Email on Capital Income Fund.pdf SCRA 2/25/2021 3:30:00 PM
SCRA 2/3/2022 3:30:00 PM
SB 13
SB 13 Supporting Document - Revenue Sourcebook 2020 Excerpts.pdf SCRA 2/25/2021 3:30:00 PM
SB 13
SB 13 Supporting Document - Senior Citizen Property Tax Exemption History.pdf SCRA 2/25/2021 3:30:00 PM
SB 13
SB 13 Supporting Document - Senior Property Tax Exemption - Jurisdiction.pdf SCRA 2/25/2021 3:30:00 PM
SB 13
SB 17 v. A Legislation.pdf SCRA 2/25/2021 3:30:00 PM
SB 17
SB 17 v. A Sectional Analysis 1.27.2021.pdf SCRA 2/25/2021 3:30:00 PM
SB 17
SB 17 v. A Sponsor Statement 1.27.2021.pdf SCRA 2/25/2021 3:30:00 PM
SB 17
SB 17 v. A Supporting Document - Energy Program Overview Brief.pdf SCRA 2/25/2021 3:30:00 PM
SB 17
SB 17 v. A Supporting Document - EPSC Diagram.JPG SCRA 2/25/2021 3:30:00 PM
SB 17
SB 17 v. A Supporting Document - HB 306 2010 State Energy Policy.PDF HL&C 2/28/2022 3:15:00 PM
SCRA 2/25/2021 3:30:00 PM
HB 306
SB 17
SB 17 v. A Supporting Document - State ESPC Policies.pdf SCRA 2/25/2021 3:30:00 PM
SB 17
SB 17 v. A Supporting Document - NMESCO_Begich.pdf SCRA 2/25/2021 3:30:00 PM
SB 17
SB 17 v. A Supporting Document - Sustainable Energy Act Annual Report to Legislature (2020)_Final.pdf SCRA 2/25/2021 3:30:00 PM
SB 17
SB15 Sectional Analysis 2.23.21.pdf SCRA 2/25/2021 3:30:00 PM
SJUD 3/17/2021 1:30:00 PM
SB 15
SB15 Stupport Document States with Open Meetings Penalties Table.pdf SCRA 2/25/2021 3:30:00 PM
SJUD 3/17/2021 1:30:00 PM
SB 15
SB 15 Version B.PDF SCRA 2/25/2021 3:30:00 PM
SJUD 3/17/2021 1:30:00 PM
SB 15
SB15 Stupport Document States with Open Meetings Penalties Map.pdf SCRA 2/25/2021 3:30:00 PM
SB 15
SB15 Sponsor Statement 2.24.21 A.pdf SCRA 2/25/2021 3:30:00 PM
SB 15
SB15 Presentation 2.25.21.pdf SCRA 2/25/2021 3:30:00 PM
SJUD 3/17/2021 1:30:00 PM
SB 15
SB13 AOGA Letter of Opposition - 2.25.21.pdf SCRA 2/25/2021 3:30:00 PM
SB 13