Legislature(2011 - 2012)SENATE FINANCE 532

04/17/2011 10:00 AM Senate FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 99 HEATING FUEL ENERGY RELIEF TELECONFERENCED
+ HB 155 PUBLIC CONSTRUCTION CONTRACTS TELECONFERENCED
+ HB 183 APPLICATION OF VILLAGE SAFE WATER ACT TELECONFERENCED
+ HB 106 COASTAL MANAGEMENT PROGRAM TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 99                                                                                                            
                                                                                                                                
     "An Act relating to a heating fuel energy relief                                                                           
     program; and providing for an effective date."                                                                             
                                                                                                                                
10:12:21 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman discussed that his intent was to adopt the                                                                     
CS for SB 99. He explained that the bill would be heard and                                                                     
held for future work over the interim.                                                                                          
                                                                                                                                
Co-Chair Hoffman MOVED to ADOPT CSSB 99 Work Draft 27-                                                                          
LS0507\M (Kane, 4/11/11) as a working document.                                                                                 
                                                                                                                                
Co-Chair Stedman OBJECTED for purpose of discussion.                                                                            
                                                                                                                                
SENATOR  JOE PASKVAN,  SPONSOR, explained  that the  CS made                                                                    
two changes  to the bill.  First, it included both  number 1                                                                    
and number  2 fuels (Page  2, Lines  14 and 15).  Second, it                                                                    
eliminated  a  section in  order  to  include a  more  broad                                                                    
application.                                                                                                                    
                                                                                                                                
Co-Chair Stedman WITHDREW his  OBJECTION, and there being NO                                                                    
further  OBJECTION  the  CS SB  99  Work  Draft  27-LS0507\M                                                                    
(Kane, 4/11/11) was ADOPTED.                                                                                                    
                                                                                                                                
10:15:08 AM                                                                                                                   
                                                                                                                                
Senator  Paskvan  discussed  that   the  bill  pertained  to                                                                    
heating  fuel  energy  relief.  He  read  from  the  Sponsor                                                                    
Statement (copy on file) and  explained that the goal was to                                                                    
present  a   solution  to  the  serious   issue  that  faced                                                                    
approximately  80,000 Alaskan  households that  used heating                                                                    
oil  as  their primary  heating  source.  The program  would                                                                    
apply to all  retail sales of number 1 and  number 2 heating                                                                    
fuels. The program  was ambitious and was  designed to offer                                                                    
relief to  the state's  residential consumers.  He expounded                                                                    
that Alaskans who relied on  heating oil to keep warm during                                                                    
the winters  needed a specific and  short-term solution that                                                                    
met  their needs.  He  believed that  the  bill allowed  the                                                                    
opportunity  for  long-term   solutions  to  be  considered,                                                                    
adopted,  and  implemented in  the  state.  During the  past                                                                    
several years  the discretionary  income for  many residents                                                                    
in the Interior, Southwest, and  Southeast Alaska had ceased                                                                    
to exist.  He relayed  that the rising  cost of  heating oil                                                                    
was  too  expensive  for  many   Alaskans  to  pay  and  was                                                                    
"crushing" the average  Alaskan. The high price  of fuel was                                                                    
occurring  during  a time  that  the  state was  enjoying  a                                                                    
surplus due  to the  high price of  crude oil.  He expressed                                                                    
that  the high  price in  heating oil  had the  potential to                                                                    
economically   devastate  individual   Alaskans  and   their                                                                    
families.  The bill  would require  the State  of Alaska  to                                                                    
offset the home heating costs when  the price of a barrel of                                                                    
crude  oil rose  to a  point  where the  state was  enjoying                                                                    
budget surpluses.  He expounded  that it was  reasonable for                                                                    
residents to pay  $2.50 per gallon while the  state paid the                                                                    
balance  to home  heating dealers  from budget  surpluses if                                                                    
the price of heating oil  triggered the measures included in                                                                    
SB 99. The temporary solution  would allow residents to work                                                                    
on  long-term solutions  that would  restore optimism  about                                                                    
the state's economic future. He  expressed that the proposed                                                                    
legislation would  allow the  state to  focus on  its number                                                                    
one  priority  that  was renewable  and  sustainable  energy                                                                    
solutions and would protect Alaskan families.                                                                                   
                                                                                                                                
Senator Paskvan  communicated that the bill  was designed to                                                                    
be  easily  administrated.  Currently distributors  of  home                                                                    
heating  oil were  required to  send the  State of  Alaska a                                                                    
monthly  breakdown   of  the   quantities  of   the  various                                                                    
petroleum products  that they  sold, including  home heating                                                                    
oil. He  explained that the  quantities of heating  oil were                                                                    
easy to  verify and were objectively  determinable. The bill                                                                    
was intended  to be  efficient and  did not  require massive                                                                    
paperwork  or government  employment to  operate. The  state                                                                    
would  make   the  payment  directly  to   the  heating  oil                                                                    
distributors   rather  than   to   tens   of  thousands   of                                                                    
individuals.  He elaborated  that  there were  approximately                                                                    
eight  or nine  distributors  in Interior  Alaska and  there                                                                    
were a  limited number  in Southwest Alaska;  therefore, the                                                                    
program  would   run  efficiently.  The  bill   required  an                                                                    
increase to  the consumer price  of heating oil  during each                                                                    
of the next  three years, which would  provide the incentive                                                                    
for  Alaskans to  maintain the  weatherization programs  and                                                                    
efficiency  in heating  costs. The  bill used  the New  York                                                                    
Mercantile  Exchange (NYMEX)  as a  benchmark for  triggers;                                                                    
however, with  the recent separation in  the pricing between                                                                    
West Texas  Intermediate (WTI) and Alaska  North Slope (ANS)                                                                    
pricing  it was  possible  that an  ANS  benchmark could  be                                                                    
used. He  relayed that there  could be alternatives  such as                                                                    
using the benchmark and if  it hit a certain benchmark price                                                                    
the price per  gallon could be paid down.  He discussed that                                                                    
the  average annual  consumption in  Alaska was  between 800                                                                    
and 1000  gallons. He reiterated  the bill aimed  to provide                                                                    
protection for  the households that heated  with heating oil                                                                    
and to  keep them  from getting crushed  by high  prices. He                                                                    
looked  forward  to  working   with  the  committee  on  the                                                                    
legislation during the interim.                                                                                                 
                                                                                                                                
10:19:46 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman wondered  whether the  the bill  would buy                                                                    
down heating fuel at a BTU equivalency.                                                                                         
                                                                                                                                
Senator  Paskvan replied  that the  bill currently  used the                                                                    
NYMEX benchmark. He referred to  benchmarks on Page 6 of the                                                                    
Legislative Research  Report dated  April 11, 2011  (copy on                                                                    
file) that  included the average  price per gallon  at $2.50                                                                    
and  approximately  $70  per   barrel.  The  bill  used  the                                                                    
benchmark  price of  a barrel  of crude  oil to  trigger the                                                                    
payment.                                                                                                                        
                                                                                                                                
Co-Chair Stedman asked  how the bill would  bring parity for                                                                    
the residents that  heated with fuel oil  and residents that                                                                    
heated  with  natural gas.  He  discussed  that natural  gas                                                                    
available in  the Railbelt area was  approximately one-third                                                                    
the price  of hydro, which  on a BTU equivalency  was around                                                                    
$3.80 to $4.00 oil.                                                                                                             
                                                                                                                                
Senator  Paskvan  responded  that alternative  heating  used                                                                    
throughout the  state could be explored  during the interim.                                                                    
A benchmark  could be established  based on electric  or BTU                                                                    
in order to determine how  to distribute from the surplus to                                                                    
Alaskans in need.                                                                                                               
                                                                                                                                
10:22:26 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman thought  it would  be helpful  to have  an                                                                    
energy   comparison  between   the  BTU   equivalencies  for                                                                    
different energy  sources that  included wood,  natural gas,                                                                    
hydro  and diesel  fuel,  and coal.  He  discussed a  Forest                                                                    
Service study that compared what it  cost to heat a 1,800 to                                                                    
2,000  square  foot house  in  Southeast  and also  compared                                                                    
different  areas such  as Sitka,  which was  relatively warm                                                                    
and Fairbanks, which was cold.                                                                                                  
                                                                                                                                
Senator Paskvan agreed. He explained  that there had been an                                                                    
ongoing  discussion related  to  the  BTU equivalency  basis                                                                    
between  the  regions  and  looking   at  the  various  cost                                                                    
structures  such as  hydroelectric power,  natural gas,  and                                                                    
number 1 or  number 2 fuels. He stressed  that many Alaskans                                                                    
in  the Interior  had to  supplement or  displace their  oil                                                                    
with  wood  furnaces,  which had  resulted  in  serious  and                                                                    
negative  health effects  through a  process related  to air                                                                    
quality called  PM2.5. He relayed  that in the  Interior oil                                                                    
distributors made  deliveries in  100 gallon  increments and                                                                    
at $4.00  per gallon many  people could not afford  the cost                                                                    
for one  delivery. He  knew people that  had been  forced to                                                                    
fill five  gallon jugs with  two or three gallons  of diesel                                                                    
fuel at the  gas station in order to get  through one night.                                                                    
The problem  was very real  throughout Alaska and  needed to                                                                    
be  addressed. He  discussed that  when the  price of  crude                                                                    
reached $120  to $130 to $140  a barrel in 2008  it resulted                                                                    
in prices  of $4.00 to  $4.50 per gallon in  Interior Alaska                                                                    
that  were  triple the  amount  from  a decade  earlier.  He                                                                    
opined  that   it  was  a  serious   economic  problem  that                                                                    
challenged  the   economic  sustainability  of   the  entire                                                                    
community.                                                                                                                      
                                                                                                                                
10:26:12 AM                                                                                                                   
                                                                                                                                
Senator  Olson asked  what the  bill was  modeled after  and                                                                    
whether  there were  national or  international models  that                                                                    
were aimed  at alleviating  energy problems.  He appreciated                                                                    
the bill and  explained that communities on  the North Slope                                                                    
came from the  "breadbasket" of Alaska but  paid the highest                                                                    
price  for fuel.  He  stressed  that the  bill  was not  the                                                                    
answer  to all  energy problems  in the  state, but  that it                                                                    
would take the edge off for some residents.                                                                                     
                                                                                                                                
Senator Paskvan  replied that  he had  seen the  problem and                                                                    
worked to move forward towards  a solution. The bill had not                                                                    
been based  on a specific  model, but  he hoped there  was a                                                                    
national  or  international  model   that  was  based  on  a                                                                    
sovereign that  had a  surplus created by  the high  cost of                                                                    
crude oil that could benefit its residents.                                                                                     
                                                                                                                                
Senator Olson had  been informed that there was  a model for                                                                    
Middle Eastern  countries, Russia, and Mexico  that provided                                                                    
individuals  within each  sovereign  the ability  to have  a                                                                    
less expensive  price than  the price  that was  charged for                                                                    
exported fuel.                                                                                                                  
                                                                                                                                
Senator Thomas  appreciated the bill.  He referred  to other                                                                    
discussions that  had centered  on similar  concepts related                                                                    
to other  heating sources. He  discussed that  the Interior,                                                                    
Southwest, and  Northwestern areas of the  state experienced                                                                    
oil  prices of  $4.00 to  $10.00  per gallon.  There was  no                                                                    
telling what  the impact  would be if  oil reached  $150 per                                                                    
barrel  in  the  next  few years.  He  stressed  that  major                                                                    
concerns focused  on the PM2.5 air  pollutant issue combined                                                                    
with  the  high  fuel  cost  that  drove  up  the  price  of                                                                    
everything including  wood. He expounded that  residents who                                                                    
had  transferred  to other  heating  methods  had created  a                                                                    
large issue  that could impact federal  transportation funds                                                                    
and had  forced some  schools to  limit students  from going                                                                    
outdoors. He  explained a previous attempt  at pacifying the                                                                    
entire  state  had resulted  in  a  $1,200 addition  to  the                                                                    
Permanent  Fund due  to the  inability to  agree on  how the                                                                    
formula would have worked with the various types of fuel.                                                                       
                                                                                                                                
10:30:48 AM                                                                                                                   
                                                                                                                                
LUKE  HOPKINS,  FAIRBANKS  NORTH STAR  BOROUGH,  MAYOR  (via                                                                    
teleconference),  spoke in  support of  SB 99.  He explained                                                                    
that the  community had been  looking at how it  could lower                                                                    
energy costs.  Individuals and  businesses in  Fairbanks had                                                                    
switched  to wood  heat in  response to  high oil  prices in                                                                    
2008.  As a  result there  were  many health  issues in  the                                                                    
community that  had a 250  square mile  non-attainment area.                                                                    
He  relayed that  thousands of  structures in  the community                                                                    
were  heated  with  the  most   expensive  natural  gas.  He                                                                    
stressed that  the bill would  provide relief from  the cost                                                                    
of  energy for  most  of his  community.  He explained  that                                                                    
approximately three percent of  the Fairbanks households had                                                                    
been able  to reduce their  energy consumption by  almost 30                                                                    
percent as a result of  the home energy retrofit program. He                                                                    
had heard from residents that  were spending $800 a month on                                                                    
fuel. He stressed that relief  from the cost of heating fuel                                                                    
was imperative and  urged the committee to  consider ways to                                                                    
help residents with the rising costs of energy immediately.                                                                     
                                                                                                                                
10:34:31 AM                                                                                                                   
                                                                                                                                
PAUL  D. KENDALL,  SELF  (via  teleconference), pointed  out                                                                    
that Alaska faced  problems with energy costs  and that some                                                                    
of  the remedies  did  not make  sense.  He urged  committee                                                                    
members  to  visit  the  Anchorage/Mat-Su  area  to  host  a                                                                    
conversation on  how to help reconstruct  energy for Alaskan                                                                    
homes. He believed  that Alaska could act as  an example for                                                                    
the rest of the world.                                                                                                          
                                                                                                                                
10:37:27 AM                                                                                                                   
                                                                                                                                
Senator  Olson wondered  what plans  were in  place for  the                                                                    
interim to ensure that the  bill would be polished and ready                                                                    
to bring to the Senate Floor the following year.                                                                                
                                                                                                                                
Senator Paskvan  responded that he  would continue  to speak                                                                    
with other  senators, would look  for models to  help design                                                                    
the program,  and would look  at the BTU  equivalency around                                                                    
regions throughout  the state.  He reiterated that  the goal                                                                    
was to find a solution that was right for Alaska.                                                                               
                                                                                                                                
Co-Chair Stedman  communicated that the U.S.  Forest Service                                                                    
Sitka Wood Utilization  Center would be a  good resource and                                                                    
had done  a significant  amount of  work on  BTU equivalency                                                                    
and price comparisons on alternative fuels.                                                                                     
                                                                                                                                
10:38:49 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:39:17 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
SB  99  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  

Document Name Date/Time Subjects
SB 99_Back-Up_Fuel_Report_Jan_2011.pdf SFIN 4/17/2011 10:00:00 AM
SB 99
HB155 Supporting Documents - Email Dave Stone 2-23-2011.pdf HL&C 2/25/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 Supporting Documents - Letter KPB Mayor 2-25-2011.pdf HL&C 2/28/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 Supporting Documents- Opinion Attorney General 5-24-1982.pdf HL&C 2/28/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 Opposing Documents - Fax Zeb Woodman 3-1-2011.pdf HL&C 3/7/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 Opposing Documents - Assorted Emails or Faxes 3-11-11.pdf HL&C 3/11/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB155 Opposing Documents - Assorted letters 3-10-11.pdf HL&C 3/11/2011 3:15:00 PM
SFIN 4/17/2011 10:00:00 AM
HB 155
SB 99_Sponsor Statement.pdf SFIN 4/17/2011 10:00:00 AM
SB 99
SB 99_Back-Up_Heating Fuel Prices in AK_4-11-2011.pdf SFIN 4/17/2011 10:00:00 AM
SB 99
SB 99_Back-Up_ISER_Components of Alaska Fuel Costs_Market Factors.pdf SFIN 4/17/2011 10:00:00 AM
SB 99
HB 155 - Sponsor Statement.pdf SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 - Sectional Summary.pdf SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 - Summary of Changes.pdf SFIN 4/17/2011 10:00:00 AM
HB 155
HB155 Supporting Documents- Letter NFIB 2-28-2011.pdf SFIN 4/17/2011 10:00:00 AM
HB155 Supporting Documents-AK State Homebuilders Association Letter 2-22-11.pdf SFIN 4/17/2011 10:00:00 AM
HB155 Supporting Documents-AML Letter 2-23-11.pdf SFIN 4/17/2011 10:00:00 AM
HB155 Supporting Documents-AML Resolution 11-19-2010.pdf SFIN 4/17/2011 10:00:00 AM
HB155 Supporting Documents-DOL Dollar Threshold Sheet 1-1-11.pdf SFIN 4/17/2011 10:00:00 AM
HB155 Supporting Documents-Kenai Peninsula Borough Resolution 12-7-10.pdf SFIN 4/17/2011 10:00:00 AM
HB155 Supporting Documents-Letter Yakutat Mayor 2-23-11.pdf SFIN 4/17/2011 10:00:00 AM
HB 183 - CSHB 183 (FIN) Eligibility Document.pdf SFIN 4/17/2011 10:00:00 AM
HB 183
Population 500-1000.pdf HCRA 4/5/2011 8:00:00 AM
SFIN 4/17/2011 10:00:00 AM
HB 183
ANCSA Reference.pdf HFIN 4/12/2011 8:30:00 AM
SFIN 4/17/2011 10:00:00 AM
HB 183
Impact of Proposed CSHB 183 ( ).pdf HFIN 4/12/2011 8:30:00 AM
SFIN 4/17/2011 10:00:00 AM
HB 183
CS HB 183 ( ) Changes for FIN.pdf HFIN 4/12/2011 8:30:00 AM
SFIN 4/17/2011 10:00:00 AM
HB 183
HB 183 Legal Memo.pdf HFIN 4/12/2011 8:30:00 AM
SFIN 4/17/2011 10:00:00 AM
HB 183
HB 183 - CSHB 183 (FIN) am Sponsor Statement.pdf SFIN 4/17/2011 10:00:00 AM
HB 183
HB 183 - Nenana Letter.pdf SFIN 4/17/2011 10:00:00 AM
HB 106 ACMP Audit, Part 1.pdf SFIN 4/17/2011 10:00:00 AM
HB 106
HB 106 ACMP Transmittal Letter.pdf SFIN 4/17/2011 10:00:00 AM
HB 106
HB 106 ACMP Audit, Part 2.pdf SFIN 4/17/2011 10:00:00 AM
HB 106
SB 99 - CS work draft version M 041711.pdf SFIN 4/17/2011 10:00:00 AM
SB 99
HB 106 Council of Alaska Producers & Alaska Miners Association Letter 4.15.11.pdf SFIN 4/17/2011 10:00:00 AM
HB 106
HB 106 Mayor Itta Letter on HB 106.pdf SFIN 4/17/2011 10:00:00 AM
HB 106
HB 106 RDC Letter - HB 106 - 4.15.11.pdf SFIN 4/17/2011 10:00:00 AM
HB 106