Legislature(2021 - 2022)ADAMS 519

04/26/2022 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 71 COUNCIL ON ARTS: PLATES & MANAGE ART TELECONFERENCED
Moved HCR CSSB 71(STA) Out of Committee
-- Public Testimony --
+= HB 135 GEOTHERMAL RESOURCES TELECONFERENCED
Moved CSHB 135(RES) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 26, 2022                                                                                            
                         9:01 a.m.                                                                                              
                                                                                                                                
9:01:12 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the House Finance Committee meeting                                                                     
to order at 9:01 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Joe Rizzo,  Triumvirate Theatre,  Kenai; June  Rogers, Self,                                                                    
Fairbanks;  Kaley Paine,  Deputy Director,  Division of  Oil                                                                    
and  Gas, Department  of Natural  Resources; Geoff  Simpson,                                                                    
SERC  Energy,  Colorado;  Eric Anderson,  Geo  Alaska,  LLC,                                                                    
Girdwood.                                                                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 135    GEOTHERMAL RESOURCES                                                                                                  
                                                                                                                                
          CSHB 135(RES)  was REPORTED out of  committee with                                                                    
          eight  "do  pass"   recommendations  and  two  "no                                                                    
          recommendation"   recommendations  and   with  one                                                                    
          previously published zero  fiscal note: FN3 (DNR);                                                                    
          and one  previously published fiscal  impact note:                                                                    
          FN4 (DNR).                                                                                                            
                                                                                                                                
CSSB 71(FIN)                                                                                                                    
          COUNCIL ON ARTS: PLATES & MANAGE ART                                                                                  
                                                                                                                                
          HCS  CSSB 71(STA)  was REPORTED  out of  committee                                                                    
          with nine  "do pass"  recommendations and  one "no                                                                    
          recommendation"  recommendation and  with one  new                                                                    
          fiscal   impact  note   from  the   Department  of                                                                    
          Administration,  one new  fiscal impact  note from                                                                    
          the    Department   of    Education   and    Early                                                                    
          Development,   and    one   previously   published                                                                    
          indeterminate fiscal note: FN4 (GOV/FUND CAP).                                                                        
                                                                                                                                
Co-Chair Merrick reviewed the meeting agenda.                                                                                   
                                                                                                                                
CS FOR SENATE BILL NO. 71(FIN)                                                                                                
                                                                                                                                
     "An  Act  relating   to  special  request  registration                                                                    
     plates  celebrating the  arts; relating  to artwork  in                                                                    
     public  buildings  and   facilities;  relating  to  the                                                                    
     management of  artwork under the  art in  public places                                                                    
     fund; relating to  the powers and duties  of the Alaska                                                                    
     State  Council on  the  Arts;  establishing the  Alaska                                                                    
     arts and  cultural investment  fund; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
9:01:34 AM                                                                                                                    
                                                                                                                                
Co-Chair  Merrick indicated  that  the committee  previously                                                                    
heard the bill on April 20, 2022.                                                                                               
                                                                                                                                
Co-Chair Merrick OPENED public testimony.                                                                                       
                                                                                                                                
JOE RIZZO, TRIUMVIRATE  THEATRE, KENAI (via teleconference),                                                                    
testified in support of the bill.  He shared that he was the                                                                    
executive  director of  the theatre.  He indicated  that the                                                                    
Alaska State Council on the  Arts (ASCA) was integral to the                                                                    
theatre  and acted  as  a  partner to  benefit  all who  the                                                                    
theatre served.  He believed that  the license  plate spread                                                                    
awareness of  the importance  of the  arts in  everyday life                                                                    
and modestly helped with the  councils  funding. He stressed                                                                    
the importance of the arts   council for small organizations                                                                    
like the  Triumvirate Theatre that typically  do not receive                                                                    
much other outside funding.                                                                                                     
                                                                                                                                
9:04:16 AM                                                                                                                    
                                                                                                                                
Co-Chair   Merrick    indicated   that    Co-Chair   Foster,                                                                    
Representative     Johnson,     Representative     Thompson,                                                                    
Representative   LeBon,    Representative   Carpenter,   and                                                                    
Representative Wool.                                                                                                            
                                                                                                                                
JUNE   ROGERS,   SELF,   FAIRBANKS   (via   teleconference),                                                                    
testified in  favor of  the bill. She  pointed out  that she                                                                    
was involved in the arts in  the state since the 1980s.  She                                                                    
explained the  provisions of  the bill.  She   believed that                                                                    
the council was  well managed and organized.  She lauded the                                                                    
efforts  made  by  the  council to  ensure  the  success  of                                                                    
artists in  Alaska and thought  the work of the  council was                                                                    
paramount  to the  states  arts  communities. She  felt that                                                                    
the   arts  were   more  important   than   ever  in   local                                                                    
communities. She thanked the council for its work.                                                                              
                                                                                                                                
9:07:35 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick CLOSED public testimony.                                                                                       
                                                                                                                                
9:08:00 AM                                                                                                                    
                                                                                                                                
Co-Chair  Foster MOVED  to REPORT  HCS CSSB  71(STA) out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
HCS CSSB  71(STA) was  REPORTED out  of committee  with nine                                                                    
"do  pass"  recommendations   and  one  "no  recommendation"                                                                    
recommendation and with one new  fiscal impact note from the                                                                    
Department  of Administration,  one new  fiscal impact  note                                                                    
from the Department of Education  and Early Development, and                                                                    
one  previously  published  indeterminate fiscal  note:  FN4                                                                    
(GOV/FUND CAP).                                                                                                                 
                                                                                                                                
9:08:23 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:09:24 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 135                                                                                                            
                                                                                                                                
     "An Act relating to geothermal resources; relating to                                                                      
     the   definition   of   'geothermal   resources';   and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:09:32 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick relayed that  the committee last considered                                                                    
the bill on March 17, 2022.                                                                                                     
                                                                                                                                
KALEY  PAINE,  DEPUTY DIRECTOR,  DIVISION  OF  OIL AND  GAS,                                                                    
DEPARTMENT  OF   NATURAL  RESOURCES   (via  teleconference),                                                                    
thanked the  committee for hearing  the bill and  provided a                                                                    
brief recap of  the bill. She explained that  the bill would                                                                    
modernize  the  states    geothermal  licensing  program  to                                                                    
enable more  efficient development of  geothermal resources.                                                                    
The legislation  would lead  to more  successful exploration                                                                    
of  geothermal resources.  In  addition,  HB 135  modernized                                                                    
geothermal  definitions  to  match current  technologies  in                                                                    
exploration and development.                                                                                                    
                                                                                                                                
Representative Wool  referenced the  use and  definitions of                                                                    
geothermal and ocean  sourced or ground heat  pumps that was                                                                    
the   latent  temperature of  the earth.  He understood  the                                                                    
bill did  not cover noncommercial applications.  He asked if                                                                    
heat  pumps  would count  as  geothermal  and what  was  the                                                                    
difference  between noncommercial  and  commercial use.  Ms.                                                                    
Paine answered that  when the Division of Oil  and Gas (DOG)                                                                    
regulated  geothermal  resources  it regulated  the  mineral                                                                    
estate  that was  the  heat sourced  from  the mineral  core                                                                    
space  of the  earth. She  deduced that  Representative Wool                                                                    
was referencing  the heat differentials in  the water, which                                                                    
would  be  regulated  more   by  Federal  Energy  Regulatory                                                                    
Commission (FERC) that was similar  to hydropower. She added                                                                    
that the  bill looked  to regulate subsurface  minerals; the                                                                    
geology of  the earth  itself. Representative  Wool surmised                                                                    
that a ground source heat pump  that did not go too deep did                                                                    
not  count  under  the  bill.  Ms.  Paine  answered  in  the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
9:13:33 AM                                                                                                                    
                                                                                                                                
Representative  Johnson  recalled  that  the  committee  had                                                                    
taken up  a bill  where the  legislature took  a temperature                                                                    
requirement for geothermal out of  the definition. Ms. Paine                                                                    
agreed that  HB 135 modernized the  definition of geothermal                                                                    
resources  and  removed  a specific  energy  threshold.  She                                                                    
indicated  that technology  had evolved  to the  point where                                                                    
there was  not a  specific temperature threshold  from which                                                                    
geothermal  energy  may  be produced.  She  exemplified  the                                                                    
Chena  Hot  Springs  that  produced  energy  at  90  degrees                                                                    
Celsius  versus  the  120  degrees  that  was  currently  in                                                                    
statute  and  the  bill would  change.  The  bill  addressed                                                                    
temperatures  and  sought  to  define  geothermal  resources                                                                    
based on the location of the  heat from the earth as well as                                                                    
for  the  specific  uses  of   geothermal  energy  such  as,                                                                    
commercial, large  scale, and for sale.  Representative Wool                                                                    
asked   about  the   delineation   between  commercial   and                                                                    
noncommercial.  He  wondered  whether   there  was  a  power                                                                    
capacity  or   threshold.  Ms.  Paine  responded   that  the                                                                    
threshold   would  be   based  on   commerciality  and   was                                                                    
predicated on whether it was  for sale for economic purposes                                                                    
to multiple end users. She  communicated that a megawatt and                                                                    
kilowatt threshold would not be  enshrined in statute at the                                                                    
time because it may vary depending on use.                                                                                      
                                                                                                                                
9:16:03 AM                                                                                                                    
                                                                                                                                
Representative Wool  hypothesized that if a  fish processing                                                                    
plant in a  remote location with access  to geothermal power                                                                    
sold surplus  power to a  neighboring village it  would then                                                                    
be considered  commercial use. Ms. Paine  replied that under                                                                    
the described  situation provided by Representative  Wool it                                                                    
would not involve  an exploration license or  permit, but it                                                                    
would involve  other permits for  drilling, water,  etc. She                                                                    
confirmed  that under  the example,  if the  plant sold  the                                                                    
power  to   a  community   utility,  it  would   qualify  as                                                                    
commercial use.                                                                                                                 
                                                                                                                                
9:17:35 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick OPENED public testimony.                                                                                       
                                                                                                                                
GEOFF SIMPSON,  SERC ENERGY, COLORADO  (via teleconference),                                                                    
spoke in  support of the  bill. He shared  information about                                                                    
the   geothermal   development    and   operation   company,                                                                    
Sustainable  Energy Resources  for Consumers  (SERC) Energy.                                                                    
He  related  that  the company  produced  200  megawatts  of                                                                    
energy at 6  facilities in the western  United States (U.S.)                                                                    
and was  a subsidiary of Macquarie  Infrastructure Holdings,                                                                    
LLC,  which was  one of  the worlds   largest infrastructure                                                                    
companies. He indicated that SERC  was seeking to develop an                                                                    
additional 250  megawatts of  geothermal energy  projects in                                                                    
the  next 8  to 10  years including  in Alaska.  The company                                                                    
currently  held  a  prospecting permit  at  Mt.  Spur  which                                                                    
encompassed approximately  8,000 acres. He pointed  out that                                                                    
SERC  favored  allowing  a  five  year  exploration  license                                                                    
versus a  two-year prospecting permit. He  explained that it                                                                    
was difficult  to mount a geothermal  exploration program in                                                                    
Alaska with  only a two-year window.  It could take up  to a                                                                    
year  to define  and plan  an exploration  program that  may                                                                    
lead to producing commercial quantities  of energy. He added                                                                    
that  it could  easily take  another two  to three  years to                                                                    
develop  the site  and  plant  infrastructure. He  indicated                                                                    
that  a  five-year  license  was   much  more  realistic.  A                                                                    
developer  could  commit  a  significant  budget  towards  a                                                                    
discovery  effort with  the awareness  that  a 10-year  non-                                                                    
competitive lease would be issued.                                                                                              
                                                                                                                                
9:20:24 AM                                                                                                                    
                                                                                                                                
ERIC    ANDERSON,   GEO    ALASKA,   LLC,    GIRDWOOD   (via                                                                    
teleconference), shared  that the  company had  a commercial                                                                    
geothermal  prospecting permit  of over  6,000 acres  on Mt.                                                                    
Spur  with the  goal of  developing 50  to 100  megawatts of                                                                    
stable power  for the Railbelt  grid. He indicated  that his                                                                    
group supported the bill.                                                                                                       
                                                                                                                                
9:21:29 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick CLOSED public testimony.                                                                                       
                                                                                                                                
Representative  Carpenter asked  if the  two companies  that                                                                    
had testified  were looking  at separate  or the  same land.                                                                    
Ms. Paine answered that the  two geothermal prospectees were                                                                    
in  the  same  region  but  were  on  separate  tracks.  She                                                                    
expounded  that neither  company wanted  to compete  against                                                                    
each other for  the same track and  were exploring different                                                                    
regions.                                                                                                                        
                                                                                                                                
9:23:08 AM                                                                                                                    
                                                                                                                                
Co-Chair  Foster  MOVED  to  REPORT  CSHB  135(RES)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSHB 135(RES) was  REPORTED out of committee  with eight "do                                                                    
pass"   recommendations   and    two   "no   recommendation"                                                                    
recommendations  and  with  one  previously  published  zero                                                                    
fiscal note: FN3 (DNR); and one previously published fiscal                                                                     
impact note: FN4 (DNR).                                                                                                         
                                                                                                                                
9:23:34 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:23:59 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick reviewed the schedule for the afternoon                                                                        
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
9:24:17 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:24 a.m.                                                                                          

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