Legislature(2007 - 2008)SENATE FINANCE 532

07/25/2008 11:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB4005 RESOURCE REBATE FOR HOME HEATING TELECONFERENCED
Heard & Held
*+ SB4006 PCE:ELIGIB;AMT;ELIGIBLE UTILITY DEFINED TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 4005                                                                                                          
                                                                                                                                
     "An  Act authorizing,  as  a temporary  rebate of  state                                                                   
     resources  to  certain  state   residents,  payments  to                                                                   
     assist in  meeting heating  costs under the  federal and                                                                   
     state heating assistance  programs; and providing for an                                                                   
     effective date."                                                                                                           
                                                                                                                                
11:46:25 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman pointed  out that current  oil prices  have                                                                   
approached $130  per barrel.   At that price the  state would                                                                   
receive $3.6 billion.   Alaska has benefited  greatly by high                                                                   
prices of  oil; however, Alaskans  are facing  extremely high                                                                   
costs  of  energy.   The  Governor  has  suggested  that  the                                                                   
legislature  come  up  with  a  temporary  solution  to  this                                                                   
problem.  With  this in mind, two pieces of  legislation have                                                                   
been introduced.   One solution  would add to the  Power Cost                                                                   
Equalization  Program (PCE), and  the second would  subsidize                                                                   
home  heating  expenses.   The  problem  of energy  costs  is                                                                   
difficult  due  to  the  variety of  methods  of  heating  in                                                                   
Alaska.   It is  the legislature's  duty to  find a fair  and                                                                   
equitable way of addressing this problem.                                                                                       
                                                                                                                                
Co-Chair Hoffman  stated that the purpose of  the meeting was                                                                   
to have an overview of two bills, SB 4005 and SB 4006.                                                                          
                                                                                                                                
11:50:19 AM                                                                                                                   
                                                                                                                                
JAY LIVEY,  STAFF, SENATOR  HOFFMAN, explained  that  SB 4005                                                                   
deals  with the high  cost of  heating oil  in rural  Alaska.                                                                   
The first section increases the  rates paid by the Low Income                                                                   
Heating and Energy  Assistance Program (LIHEAP).   The fiscal                                                                   
note is based on the assumption  that the current rates being                                                                   
paid will triple.                                                                                                               
                                                                                                                                
Mr. Livey  related that  the second section  of SB  4005 says                                                                   
that  the cutoff  for  eligibility would  be  350 percent  of                                                                   
poverty level, instead  of the current level  of 225 percent.                                                                   
That would  move the income  level for  a family of  three to                                                                   
around $90,000.                                                                                                                 
                                                                                                                                
11:52:30 AM                                                                                                                   
                                                                                                                                
Mr. Livey  explained that  LIHEAP has  been operating  in the                                                                   
state for  many years  through the  Department of Health  and                                                                   
Social  Services.   He related  how  the formula  works.   It                                                                   
takes into account  the community in which the  client lives,                                                                   
the type  of house, income,  disabilities, age, and  the type                                                                   
of fuel used.   The more money the client pays  for fuel, the                                                                   
more the  relief is.   Another reason  LIHEAP works  for this                                                                   
program is that it provides assistance  statewide.  LIHEAP is                                                                   
an  efficient delivery  system and  a way  to provide  timely                                                                   
relief to Alaskans.                                                                                                             
                                                                                                                                
Mr. Livey reminded the committee  that the money would not go                                                                   
to individuals, but rather to vendors.                                                                                          
                                                                                                                                
Co-Chair Hoffman  requested an  explanation of the  intent of                                                                   
the LIHEAP  energy rebate program,  which is no longer  a low                                                                   
income program.                                                                                                                 
                                                                                                                                
11:56:25 AM                                                                                                                   
                                                                                                                                
Mr.  Livey  clarified  that  the  new  LIHEAP  program  would                                                                   
provide  assistance to  a family  at 350  percent of  poverty                                                                   
level,  which is not  a poverty  program.   The formula  that                                                                   
LIHEAP uses is pro-rated based on income.                                                                                       
                                                                                                                                
Senator Olson requested information  about rural vendors that                                                                   
do  not take  credit cards.   Mr.  Livey said  that once  the                                                                   
application is approved and the  amount of relief determined,                                                                   
the fuel account would be drawn  down.  No money would change                                                                   
hands.                                                                                                                          
                                                                                                                                
Senator Olson  hoped there  would not  be an interruption  of                                                                   
service due  to lack  of technology.   Mr. Livey  deferred to                                                                   
the Department of Health and Social  Services to explain that                                                                   
process.                                                                                                                        
                                                                                                                                
11:59:52 AM                                                                                                                   
                                                                                                                                
Mr. Livey continued  to say that approximately  an additional                                                                   
22,000 families would be eligible.                                                                                              
                                                                                                                                
Co-Chair  Hoffman requested  price  information.   Mr.  Livey                                                                   
highlighted the fiscal note of $75 million.                                                                                     
                                                                                                                                
Co-Chair Hoffman  commented on  the price  tag of this  bill,                                                                   
which is  $75 million,  as compared  to the Governor's  bill,                                                                   
which is  $700 million.   SB 4006,  Power Cost  Equalization,                                                                   
also has a price tag of $75 million.                                                                                            
                                                                                                                                
12:01:37 PM                                                                                                                   
                                                                                                                                
Senator  Thomas  questioned  the   expansion  of  the  LIHEAP                                                                   
program.   He gave examples  of different sized  families and                                                                   
what they  would qualify  for.  He  spoke of resource  rebate                                                                   
inequity based on family size.                                                                                                  
                                                                                                                                
12:04:28 PM                                                                                                                   
                                                                                                                                
Mr.  Livey  shared two  criteria.    The  first is  that  350                                                                   
percent of poverty is used to  determine eligibility based on                                                                   
the number  of individuals  in a family.   Once a  family has                                                                   
been  determined  eligible for  the  program,  the amount  of                                                                   
benefit received is determined  by a series of criterion used                                                                   
to decide how much the family is entitled to.                                                                                   
                                                                                                                                
Senator Thomas requested a copy of that information.                                                                            
                                                                                                                                
12:06:00 PM                                                                                                                   
                                                                                                                                
Senator Dyson asked  if LIHEAP funds are taxable.   Mr. Livey                                                                   
said they were not, nor were they subject to hold harmless.                                                                     
                                                                                                                                
Senator Dyson inquired about "degree  heating days" as one of                                                                   
the  criteria.    Mr. Livey  deferred  the  question  to  the                                                                   
Department of Health and Social Services.                                                                                       
                                                                                                                                
Co-Chair  Hoffman  brought  up  another  area  of  concern  -                                                                   
dependency  on the program,  similar to  the revenue  sharing                                                                   
program.  He  pointed out that as income rose,  benefits were                                                                   
eliminated.   He  suggested considering  that  aspect if  the                                                                   
program continues  beyond one  year.   He thought there  were                                                                   
ways to give protection to indicate that this is not an on-                                                                     
going program.                                                                                                                  
                                                                                                                                
12:10:01 PM                                                                                                                   
                                                                                                                                
Senator Huggins asked how senior  centers would be dealt with                                                                   
under  this program.   Mr.  Livey thought  that this  program                                                                   
would pay for energy  so long as no one else  does, such as a                                                                   
grant or non-profit agency.                                                                                                     
                                                                                                                                
Senator Huggins spoke of long-distance  commuters and thought                                                                   
that  mass transportation  could  be  a solution,  but  could                                                                   
cause problems in the long run.   He voiced concern about the                                                                   
use of money  based on resources  that all of the  people own                                                                   
and "means testing".                                                                                                            
                                                                                                                                
Co-Chair  Hoffman mentioned  the resource  rebate as  another                                                                   
approach toward addressing high energy costs.                                                                                   
                                                                                                                                
Senator Huggins agreed, especially  in that it is a temporary                                                                   
solution.   Co-Chair Hoffman suggested  a sunset date  on the                                                                   
bill.  The intent at this time  is to get Alaskan's immediate                                                                   
relief.  Other  facets of energy costs can be  looked into at                                                                   
a later date.                                                                                                                   
                                                                                                                                
12:14:31 PM                                                                                                                   
                                                                                                                                
RON KREHER,  CHIEF OF  FIELD OPERATIONS,  DIVISION OF  PUBLIC                                                                   
ASSISTANCE,  DEPARTMENT   OF  HEALTH  AND   SOCIAL  SERVICES,                                                                   
detailed the  components of  the LIHEAP program.   It  is one                                                                   
aspect of the heating assistance  programs and is 100 percent                                                                   
federally funded.  It serves households  at 150 percent below                                                                   
poverty level  and is  intended to  offset heating  costs for                                                                   
low income families.  The program  is operated in conjunction                                                                   
with nine  tribal organizations.   Last year $10,700,000  was                                                                   
received by  the federal  government for  LIHEAP.   He listed                                                                   
the number of  households served - 15,000.   He described the                                                                   
kinds of  people served.   He  listed residency  requirements                                                                   
and  how payments  must be  used.   Vendor  payments are  the                                                                   
vehicle for covering the costs.                                                                                                 
                                                                                                                                
12:16:50 PM                                                                                                                   
                                                                                                                                
Mr. Kreher identified the community  home heating points used                                                                   
to determine  eligibility.  These  points, plus  income, plus                                                                   
the dollar  amount available  determine  the payment  to each                                                                   
household.   The  Alaska Heating  Assistance Program  created                                                                   
through HB 152 serves households  between 150 and 225 percent                                                                   
of poverty,  outside of  the federal  program.  He  estimated                                                                   
about 22,250 households will qualify for this program.                                                                          
                                                                                                                                
12:19:20 PM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman asked about tax  implications of the current                                                                   
and proposed programs.  Mr. Kreher  reported that the current                                                                   
program payments are  not taxable.  The Department  of Law is                                                                   
researching the implications of the proposed higher levels.                                                                     
                                                                                                                                
Co-Chair  Hoffman  asked  when   that  information  would  be                                                                   
available.  Mr. Kreher replied that he did not know.                                                                            
                                                                                                                                
Co-Chair  Hoffman  asked  if  the  program  the  Governor  is                                                                   
proposing is taxable.  Mr. Kreher said it was.                                                                                  
                                                                                                                                
12:21:14 PM                                                                                                                   
                                                                                                                                
Senator  Huggins  asked  how  to address  the  profile  of  a                                                                   
household that  lives "off the  grid" and generates  heat and                                                                   
electricity from  fuel oil.   Mr. Kreher  did not know.   The                                                                   
Alaska  Heating  Assistance Program  only  addresses  heating                                                                   
costs, not utility costs.                                                                                                       
                                                                                                                                
Senator Huggins  spoke of  the high cost  to be connected  to                                                                   
the grid.                                                                                                                       
                                                                                                                                
Co-Chair Hoffman  thought it was  an excellent example  of an                                                                   
item that requires  looking at on a long-term  basis in order                                                                   
to address energy costs for all Alaskans.                                                                                       
                                                                                                                                
12:23:15 PM                                                                                                                   
                                                                                                                                
Senator Elton  asked if a  person has  to apply on  an annual                                                                   
basis  for  either program.    Mr.  Kreher said  they  would.                                                                   
Senator Elton assumed that those  at the higher end of income                                                                   
limits may be less inclined to  participate than those at 150                                                                   
percent.  Mr. Kreher agreed.   The majority of households now                                                                   
served are  below the federal  poverty level.   Many Alaskans                                                                   
have an aversion to public assistance.                                                                                          
                                                                                                                                
12:25:20 PM                                                                                                                   
                                                                                                                                
Senator Elton noted  that those who have not  participated in                                                                   
LIHEAP  in the  past  are not  limited to  one  vendor.   Mr.                                                                   
Kreher said that was correct.                                                                                                   
                                                                                                                                
Senator Thomas  asked if  LIHEAP is taxed.   Mr.  Kreher said                                                                   
currently  LIHEAP  is not  taxed.    He reiterated  that  the                                                                   
Department  of Law is  looking into  whether the new  program                                                                   
would be  taxed.   Senator Thomas asked  if both  vendors and                                                                   
individuals can receive  payments.  Mr. Kreher said  yes.  In                                                                   
some  instances  direct  payments are  made  to  individuals.                                                                   
Senator  Thomas   asked  if  the  intention   is  for  energy                                                                   
assistance.  Mr. Kreher agreed.                                                                                                 
                                                                                                                                
12:27:08 PM                                                                                                                   
                                                                                                                                
Senator  Thomas  requested  an   explanation  of  the  income                                                                   
guidelines  in a  handout entitled  "2008 Poverty  Guidelines                                                                   
for Alaska  Income Guidelines  as Published" (copy  on file.)                                                                   
Mr. Kreher detailed  the annual guidelines.  He  could not be                                                                   
specific about  the amount of  rebate because of  not knowing                                                                   
the other factors.                                                                                                              
                                                                                                                                
Co-Chair Hoffman  added that the  information could  be found                                                                   
on the web.                                                                                                                     
                                                                                                                                
12:29:24 PM                                                                                                                   
                                                                                                                                
Senator  Thomas  summarized that  assistance  is  based on  a                                                                   
point system.                                                                                                                   
                                                                                                                                
Mr. Kreher gave  an example of a household  in Anchorage that                                                                   
qualifies  for  eight  points   due  to  location.    If  the                                                                   
household had three  bedrooms, the 8 points  is multiplied by                                                                   
1.3.   For every  child under 5,  a point is  added.   If the                                                                   
household had  zero income, it  would receive 100  percent of                                                                   
the points, or  10 points.  Depending on the  availability of                                                                   
funding,  a dollar  amount would  apply  against the  points.                                                                   
Last year  that amount  was $85.   That household  would have                                                                   
been eligible for a grant of $850.                                                                                              
                                                                                                                                
Senator Hoffman asked for an explanation  of expedited cases.                                                                   
                                                                                                                                
Mr. Kreher explained  that an expedited case is  one that has                                                                   
demonstrated an urgent  need for assistance such  as facing a                                                                   
cut-off  of  utilities  or heating  costs  greatly  exceeding                                                                   
income.                                                                                                                         
                                                                                                                                
Mr.  Livey  referred to  the  numbers  for Anchorage  in  the                                                                   
document and pointed out an error.                                                                                              
                                                                                                                                
Senator  Hoffman said  it  was evident  that  the program  is                                                                   
broad  based and  addresses issues  uniformly throughout  the                                                                   
state.                                                                                                                          
                                                                                                                                
Mr. Kreher stated that the funds  would be distributed fairly                                                                   
throughout the  state.   He noted that  the state  shares its                                                                   
tribal block grant with nine tribal organizations.                                                                              
                                                                                                                                
12:33:51 PM                                                                                                                   
                                                                                                                                

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