Legislature(2023 - 2024)SENATE FINANCE 532

05/08/2023 01:30 PM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 52 INCREASE BASE STUDENT ALLOCATION TELECONFERENCED
Moved CSSB 52(FIN) Out of Committee
+= SB 48 CARBON OFFSET PROGRAM ON STATE LAND TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
                 SENATE FINANCE COMMITTEE                                                                                       
                        May 8, 2023                                                                                             
                         2:12 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
2:12:34 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Olson  called the Senate Finance  Committee meeting                                                                    
to order at 2:12 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Donny Olson, Co-Chair                                                                                                   
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Click Bishop                                                                                                            
Senator Jesse Kiehl                                                                                                             
Senator Kelly Merrick                                                                                                           
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Ken Alper,  Staff, Senator Donny Olson;  Senator Loki Tobin,                                                                    
Sponsor; Mike Mason,  Staff to Senator Tobin,  In Room; Rena                                                                    
Miller, Special Assistant,  Commissioners Office, Department                                                                    
of  Natural Resources;  John Crowther,  Deputy Commissioner,                                                                    
Department of Natural Resources.                                                                                                
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Josh Strauss, Senior Vice  President, ANEW, California; Mike                                                                    
Jones,  Self,   Homer;  Dave  Maxwell,  Self,   Palmer;  Ken                                                                    
Griffin,  Self, Wasilla;  Kassie  Andrews, Self,  Anchorage;                                                                    
Todd Lindley,  Self, Anchorage; Ken Huckeba,  Self, Wasilla;                                                                    
Ed Martin, Self, Kenai; Lydia Shumaker, Self, Wasilla.                                                                          
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 48     CARBON OFFSET PROGRAM ON STATE LAND                                                                                   
                                                                                                                                
          SB 48 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 52     INCREASE BASE STUDENT ALLOCATION                                                                                      
                                                                                                                                
          CSSB 52 was REPORTED out  of committee with a four                                                                    
           do  pass   recommendations,  one   do  not  pass                                                                     
          recommendation, and two   no recommendations;  and                                                                    
          with  two  new zero  fiscal  notes  and three  new                                                                    
          fiscal  impact   notes  from  the   Department  of                                                                    
          Education and Early Development.                                                                                      
                                                                                                                                
SENATE BILL NO. 52                                                                                                            
                                                                                                                                
     "An  Act relating  to  education;  increasing the  base                                                                    
     student  allocation;  and  providing for  an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
2:13:31 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman MOVED to ADOPT the committee substitute                                                                        
for SB 52, Work Draft 33-LS0369\R (Marx, 5/5/23).                                                                               
                                                                                                                                
Co-Chair Olson OBJECTED for discussion.                                                                                         
                                                                                                                                
2:13:50 PM                                                                                                                    
                                                                                                                                
KEN ALPER, STAFF, SENATOR DONNY OLSON, explained the                                                                            
committee substitute:                                                                                                           
                                                                                                                                
     Two main changes:                                                                                                          
     1)  Page   8,  line  7.  Increases   the  Base  Student                                                                    
     Allocation by  $680, from $5,960 to  $6,640, for FY2024                                                                    
     (effective July 1, 2023).                                                                                                  
     2) Removed  subsequent year increases  to the  BSA that                                                                    
     were in the Education Committee version.                                                                                   
                                                                                                                                
     What the bill still does:                                                                                                  
     1) Retains  the changes  made in Senate  Education that                                                                    
     add  new  reporting  and  "dashboard   requirements  to                                                                    
     better track  academic performance and the  progress of                                                                    
     each high  school graduating  class. These  are amended                                                                    
     into the  existing requirements  created by  the Alaska                                                                    
     Reads Act in 2022.                                                                                                         
                                                                                                                                
Co-Chair  Olson  WITHDREW  the  OBJECTION.  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
2:15:04 PM                                                                                                                    
                                                                                                                                
SENATOR LOKI TOBIN, SPONSOR, introduced herself.                                                                                
                                                                                                                                
MIKE MASON, STAFF, SENATOR LOKI TOBIN, introduced himself.                                                                      
                                                                                                                                
Senator   Tobin  explained   that  the   proposed  committee                                                                    
substitute  met the  policy  goal set  forth  by the  Senate                                                                    
Education  Committee  to  significantly  increase  the  Base                                                                    
Student Allocation (BSA).  She stated that there  was a hope                                                                    
to  do  what  was  needed  to  ensure  the  passage  of  the                                                                    
legislation  in the  current year.  She stated  that it  was                                                                    
clear   that  the   Alaska  public   education  system   was                                                                    
struggling. She stressed that the  bill would be a permanent                                                                    
increase to  the BSA to  help children and young  adults who                                                                    
received a public education in the state.                                                                                       
                                                                                                                                
Senator  Bishop MOVED  to ADOPT  Amendment 1,  33-LS0369\R.3                                                                    
(Marx, 5/6/23).                                                                                                                 
                                                                                                                                
Co-Chair Olson OBJECTED for discussion.                                                                                         
                                                                                                                                
Senator Bishop  explained the amendment. He  stated that the                                                                    
amendment   would   raise   the  residential   stipend   for                                                                    
residential  schools.  He  stated   that  it  was  for  $4.2                                                                    
million.                                                                                                                        
                                                                                                                                
Senator Wilson  asked which  boarding schools  the amendment                                                                    
would apply to.                                                                                                                 
                                                                                                                                
Senator  Bishop  replied  that the  amendment  was  for  the                                                                    
Southeast  Region,  Southcentral   Region,  Nenana,  Galena,                                                                    
Southwest, Northern  Remote, Nome,  and Kotzebue.  He stated                                                                    
that it covered all residential schools.                                                                                        
                                                                                                                                
Co-Chair  Olson  REMOVED  the   OBJECTION.  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Senator Tobin spoke in support of the amendment.                                                                                
                                                                                                                                
Senator  Bishop MOVED  to ADOPT  Amendment 2,  33-LS0369\R.4                                                                    
(Marx, 5/6/23).                                                                                                                 
                                                                                                                                
Co-Chair Olson OBJECTED for discussion.                                                                                         
                                                                                                                                
Mr.  Alper  explained  Amendment   2.  He  stated  that  the                                                                    
amendment would amend  the statute that was  the base number                                                                    
for  the people  transportation formula.  He stated  that it                                                                    
would be the  input for calculating the line  in the budget,                                                                    
which  would cover  the cost  of  school transportation.  He                                                                    
stated that the current number  was based on 2016. He stated                                                                    
that  it was  a rewrite  of the  list of  the transportation                                                                    
costs. He stated that the  2016 number was increased by half                                                                    
the  amount of  inflation,  which was  about  $8 million  of                                                                    
increased funding for that need.                                                                                                
                                                                                                                                
Senator Tobin spoke in support of the amendment.                                                                                
                                                                                                                                
Senator  Wilson  surmised that  it  was  an increase  of  50                                                                    
percent based on the inflationary rate.                                                                                         
                                                                                                                                
Mr.  Alper replied  that the  accumulated inflation  for the                                                                    
years was approximately  22 percent, so the  increase was 11                                                                    
percent.                                                                                                                        
                                                                                                                                
2:20:57 PM                                                                                                                    
                                                                                                                                
Senator Wilson  stated that  it was an  $8 million  per year                                                                    
increase.                                                                                                                       
                                                                                                                                
Mr. Alper agreed.                                                                                                               
                                                                                                                                
Co-Chair Olson wondered  whether $8 million was  the cost of                                                                    
the fiscal note.                                                                                                                
                                                                                                                                
Mr.  Alper replied  that  the cost  of  the amendment  would                                                                    
bring the total cost of the transportation to $80 million.                                                                      
                                                                                                                                
Senator Bishop  stated that even  with the  amendment, there                                                                    
will still  be districts that  do not have enough  money for                                                                    
transportation.                                                                                                                 
                                                                                                                                
2:22:36 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:23:40 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Bishop, Kiehl, Merrick, Hoffman, Olson, Stedman                                                                       
OPPOSED: Wilson                                                                                                                 
                                                                                                                                
The motion PASSED (6/1).                                                                                                        
                                                                                                                                
2:24:16 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:24:58 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
2:25:14 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:25:21 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
2:25:31 PM                                                                                                                    
                                                                                                                                
Senator Merrick wondered how  the committee substitute would                                                                    
affect the operating budget.                                                                                                    
                                                                                                                                
Co-Chair  Stedman replied  that the  bill would  have to  be                                                                    
signed  and passed  by the  governor. He  remarked that  the                                                                    
number would match  the operating budget of the  BSA, but it                                                                    
would make it permanent.                                                                                                        
                                                                                                                                
Co-Chair  Hoffman  furthered that  there  would  need to  be                                                                    
additional language in  order to ensure that  there were not                                                                    
two appropriations for the same thing.                                                                                          
                                                                                                                                
Co-Chair  Stedman stated  that it  was already  removed from                                                                    
the budget.                                                                                                                     
                                                                                                                                
Senator  Merrick surmised  that the  passage and  signing of                                                                    
the  bill would  put the  money  into the  formula, and  not                                                                    
passing  the  bill  would  put  the  money  outside  of  the                                                                    
formula.                                                                                                                        
                                                                                                                                
Co-Chair Stedman agreed.                                                                                                        
                                                                                                                                
Co-Chair  Stedman   MOVED  to   REPORT  CSSB   52(RIN)  from                                                                    
committee  with  individual   recommendations  and  attached                                                                    
fiscal notes. There being NO OBJECTION, it was so ordered.                                                                      
                                                                                                                                
2:27:41 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:29:37 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
CSSB 52 was REPORTED out of  committee with a four "do pass"                                                                    
recommendations, one  "do not pass" recommendation,  and two                                                                    
"no  recommendations"; and  with two  new zero  fiscal notes                                                                    
and three  new fiscal  impact notes  from the  Department of                                                                    
Education and Early Development.                                                                                                
                                                                                                                                
SENATE BILL NO. 48                                                                                                            
                                                                                                                                
     "An   Act  authorizing   the   Department  of   Natural                                                                    
     Resources   to  lease   land   for  carbon   management                                                                    
     purposes;  establishing  a  carbon offset  program  for                                                                    
     state  land;  authorizing  the sale  of  carbon  offset                                                                    
     credits; and providing for an effective date."                                                                             
                                                                                                                                
2:30:09 PM                                                                                                                    
                                                                                                                                
RENA  MILLER,   SPECIAL  ASSISTANT,   COMMISSIONERS  OFFICE,                                                                    
DEPARTMENT OF NATURAL RESOURCES, introduced herself.                                                                            
                                                                                                                                
2:30:29 PM                                                                                                                    
                                                                                                                                
JOSH STRAUSS,  SENIOR VICE PRESIDENT, ANEW,  CALIFORNIA (via                                                                    
teleconference), discussed the  presentation, "Forest Carbon                                                                    
In  Alaska" (copy  on file).  He began  with slide  7, which                                                                    
addressed  the  credit  buyers   in  the  economy  who  were                                                                    
participating in the program.                                                                                                   
                                                                                                                                
Mr. Strauss looked at slide 8, "Landowner Obligations":                                                                         
                                                                                                                                
     • Harvesting should not exceed growth                                                                                      
     • Must maintain certification (SFI, ATFS) or have                                                                          
     state approved Forest Management Plan                                                                                      
                                                                                                                                
2:35:23 PM                                                                                                                    
                                                                                                                                
Senator Bishop  wondered whether there should  be a reopener                                                                    
in the  contract in five  years after the  verification, and                                                                    
if  there was  no increase  in  the intake  of carbon  would                                                                    
there  be a  reopener on  the  contract; or  whether it  was                                                                    
prorated.                                                                                                                       
                                                                                                                                
Mr. Strauss  replied that  it was  a rolling  obligation. He                                                                    
furthered that as  there was an increase in  stocking on the                                                                    
property with  verification on a  five year basis, it  was a                                                                    
rolling commitment  with the new minimum  for the forty-year                                                                    
period.                                                                                                                         
                                                                                                                                
Senator  Bishop  wondered  whether  there was  a  chance  to                                                                    
renegotiate   if   there   was   an   increase   in   carbon                                                                    
sequestration from five years.                                                                                                  
                                                                                                                                
Mr. Strauss said that credit  and revenue could be generated                                                                    
on an ongoing basis.                                                                                                            
                                                                                                                                
Mr.  Strauss addressed  slide 9,  "Key Components  Of Offset                                                                    
Quality."   He  noted   the   components  of   additionally,                                                                    
permanence,verification/monitoring,registration/serializati                                                                     
on(CAR,     ACR,     VCS,    ARB),     leakage,     reversal                                                                    
(intention/unintentional),  and  buffer.  He  elaborated  on                                                                    
each point.                                                                                                                     
                                                                                                                                
2:42:05 PM                                                                                                                    
                                                                                                                                
Mr. Strauss  continued to  discuss slide  9. He  likened the                                                                    
buffer account to homeowners insurance.                                                                                         
                                                                                                                                
Senator   Bishop   asked   about   forest   fires   in   the                                                                    
unintentional  loss   column.  He  understood   that  forest                                                                    
regrowth would still  capture 80 percent of the  carbon of a                                                                    
mature forest.                                                                                                                  
                                                                                                                                
Mr.  Strauss replied  that, in  general, a  significant fire                                                                    
event could  destroy the seed.  Although, a forest  that was                                                                    
adept to fires could maintain  the seed. He remarked that as                                                                    
a whole there would be a significant carbon event.                                                                              
                                                                                                                                
2:45:20 PM                                                                                                                    
                                                                                                                                
Senator Bishop  wondered whether that should  be included in                                                                    
a formula for a risk pool.                                                                                                      
                                                                                                                                
Mr. Strauss  replied that there was  an explicit calculation                                                                    
of  risk numbers  for various  threats,  including fire.  He                                                                    
stated  that  the  18 percent  number  was  the  appropriate                                                                    
number at the time of the study.                                                                                                
                                                                                                                                
Senator  Kiehl wondered  whether there  was someone  who was                                                                    
monitoring  the  insurance  credits,  to  ensure  the  tight                                                                    
relationship  between   the  carbon  pledge  and   what  was                                                                    
actually leaked out.                                                                                                            
                                                                                                                                
Mr. Strauss replied that the  program would update over time                                                                    
based on  changing perceptions of  risk. He stated  that for                                                                    
any  specific  single  forest  with  a  single  catastrophic                                                                    
event, resulting  in an  unintentional reversal,  the forest                                                                    
would not be able to produce the offset.                                                                                        
                                                                                                                                
Senator  Kiehl  asked  whether  that was  a  rule,  and  who                                                                    
enforces the rule.                                                                                                              
                                                                                                                                
Mr.  Strauss  replied  that  the  American  Carbon  Registry                                                                    
managed the  entire program, with a  programmatic system for                                                                    
calculating  the risk.  He stated  that there  was a  recent                                                                    
update to the calculation systemwide.                                                                                           
                                                                                                                                
Senator  Kiehl   surmised  that  there  was   no  individual                                                                    
enforcement.                                                                                                                    
                                                                                                                                
2:49:54 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman asked about how  the carbon registry market                                                                    
was regulated and controlled.                                                                                                   
                                                                                                                                
Mr. Strauss  replied that there were  two different markets:                                                                    
compliance  and   voluntary.  He  stated  that   within  the                                                                    
compliance  realm the  Air Research  Board was  the ultimate                                                                    
authority, but they utilized the  services of the three most                                                                    
well-known   non-profit  registries:   the  Climate   Action                                                                    
Reserve,  the American  Carbon  Registry,  and the  Verified                                                                    
Carbon  Standard. He  stated that  in  the voluntary  space,                                                                    
those   three   bodies    individually   operated   separate                                                                    
registries  with  carbon  offset   credits  with  their  own                                                                    
analyses and methodologies.                                                                                                     
                                                                                                                                
Co-Chair  Stedman surmised  that  more  nonprofits could  be                                                                    
created to contribute to the market.                                                                                            
                                                                                                                                
Mr. Strauss  replied that it  operated on the  integrity and                                                                    
reputation   of  the   various   groups   and  the   markets                                                                    
appreciation of the organizations.                                                                                              
                                                                                                                                
Co-Chair  Stedman felt  that there  needed to  be regulatory                                                                    
oversight when dealing with "tying  up property for hundreds                                                                    
of years."                                                                                                                      
                                                                                                                                
Co-Chair Olson agreed.                                                                                                          
                                                                                                                                
Mr.  Strauss   pointed  to  slide  10,   "Alaska  DNR  Pilot                                                                    
Projects":                                                                                                                      
                                                                                                                                
     Three areas were selected as pilot projects due to                                                                         
     their carbon stocking, accessibility, and timber                                                                           
     marketability                                                                                                              
                                                                                                                                
     Three projects could collectively generate 10 million                                                                      
     offsets over 40-year life                                                                                                  
                                                                                                                                
     >$80 million in revenue over 1st decade alone                                                                              
                                                                                                                                
2:55:40 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  wondered  whether there  was  potentially                                                                    
harvestable timber included in the state forest areas.                                                                          
                                                                                                                                
Mr.  Strauss replied  that the  map  considered timber  that                                                                    
should be  merchantable at some point  during the forty-year                                                                    
project life.                                                                                                                   
                                                                                                                                
Co-Chair  Stedman remarked  that with  such a  small bit  of                                                                    
state-owned  land in  Southeast Alaska,  he wondered  why it                                                                    
was a targeted area for the proposal.                                                                                           
                                                                                                                                
Me.  Strauss  replied   that  it  was  the   desire  of  the                                                                    
Department  of Natural  Resources  (DNR) to  see how  things                                                                    
might perform in a variety  of different locations. He noted                                                                    
that there was an examination of potential in a given area.                                                                     
                                                                                                                                
Co-Chair  Stedman noted  that there  was  not much  economic                                                                    
opportunity  in Southeast  Alaska,  and felt  that it  could                                                                    
restrict the small amount of state forest.                                                                                      
                                                                                                                                
2:58:16 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:59:56 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Olson HANDED the GAVEL to Senator Merrick.                                                                             
                                                                                                                                
Mr. Strauss  looked at  slide 12,  "Development Components."                                                                    
He  stated that  the developer  would participate  and enact                                                                    
the entire project.                                                                                                             
                                                                                                                                
Mr. Strauss  addressed slide 13, "Development  Timeline." He                                                                    
remarked that the chart showed  a timeline associated with a                                                                    
project.  He stated  that an  efficient  project would  take                                                                    
approximately 18 months from listing phase to sale.                                                                             
                                                                                                                                
3:05:36 PM                                                                                                                    
                                                                                                                                
Senator Merrick  asked about the  source of funding  for the                                                                    
nonprofit organizations.                                                                                                        
                                                                                                                                
Mr. Strauss  replied that  they received  a number  of cents                                                                    
for each issued credit.                                                                                                         
                                                                                                                                
3:06:09 PM                                                                                                                    
                                                                                                                                
JOHN  CROWTHER, DEPUTY  COMMISSIONER, DEPARTMENT  OF NATURAL                                                                    
RESOURCES, introduced himself.                                                                                                  
                                                                                                                                
Senator Merrick OPENED public testimony.                                                                                        
                                                                                                                                
3:06:40 PM                                                                                                                    
                                                                                                                                
MIKE  JONES,  SELF,  HOMER (via  teleconference),  spoke  in                                                                    
opposition to the bill.                                                                                                         
                                                                                                                                
3:07:41 PM                                                                                                                    
                                                                                                                                
DAVE MAXWELL,  SELF, PALMER (via  teleconference), testified                                                                    
against the bill.                                                                                                               
                                                                                                                                
3:10:18 PM                                                                                                                    
                                                                                                                                
KEN GRIFFIN,  SELF, WASILLA  (via teleconference),  spoke in                                                                    
opposition to the legislation.                                                                                                  
                                                                                                                                
3:13:01 PM                                                                                                                    
                                                                                                                                
KASSIE  ANDREWS,   SELF,  ANCHORAGE   (via  teleconference),                                                                    
testified in opposition to the bill.                                                                                            
                                                                                                                                
3:15:48 PM                                                                                                                    
                                                                                                                                
TODD  LINDLEY, SELF,  ANCHORAGE (via  teleconference), spoke                                                                    
against the bill.                                                                                                               
                                                                                                                                
3:17:54 PM                                                                                                                    
                                                                                                                                
KEN HUCKEBA, SELF, WASILLA (via teleconference), testified                                                                      
against the legislation.                                                                                                        
                                                                                                                                
3:20:38 PM                                                                                                                    
                                                                                                                                
ED MARTIN, SELF, KENAI (via teleconference), spoke against                                                                      
the bill.                                                                                                                       
                                                                                                                                
3:23:24 PM                                                                                                                    
                                                                                                                                
LYDIA SHUMAKER, SELF, WASILLA (via teleconference),                                                                             
testified in opposition to the legislation.                                                                                     
                                                                                                                                
Senator Merrick CLOSED public testimony.                                                                                        
                                                                                                                                
SB 48 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
3:26:27 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 3:26 p.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 52 Amenemdents 1 and 2 Bishop.pdf SFIN 5/8/2023 1:30:00 PM
SB 52
SB 52 CS in SFin summary of changes 5-8-23.pdf SFIN 5/8/2023 1:30:00 PM
SB 52
SB 52 work draft version R.pdf SFIN 5/8/2023 1:30:00 PM
SB 52
SB 52 Public Testimony rec'd 050823.pdf SFIN 5/8/2023 1:30:00 PM
SB 52