Legislature(2023 - 2024)SENATE FINANCE 532

05/15/2024 09:00 AM Senate FINANCE

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Audio Topic
12:45:29 PM Start
12:45:57 PM SB217 || HB307
07:28:00 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed until 12:30 PM --
Bills Previously Heard/Scheduled
+= SB 217 INTEGRATED TRANSMISSION SYSTEMS TELECONFERENCED
Heard & Held
+= HB 307 INTEGRATED TRANSMISSION SYSTEMS TELECONFERENCED
Moved SCS CSHB 307(FIN) Out of Committee
                 SENATE FINANCE COMMITTEE                                                                                       
                       May 15, 2024                                                                                             
                        12:45 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
12:45:29 PM                                                                                                                   
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Olson called the Senate Finance Committee meeting                                                                      
to order at 12:45 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                                                                                                                  
                                                                                                                                
Andrew Jensen, Energy Policy Advisor, Office of the                                                                             
Governor; Ken Alper, Staff, Senator Donny Olson.                                                                                
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Robert Doyle, Chair, Regulatory Commission of Alaska.                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 217    INTEGRATED TRANSMISSION SYSTEMS                                                                                       
                                                                                                                                
          SB 217 was HEARD and Held in committee.                                                                               
                                                                                                                                
HB 81     VEHICLES/BOATS: TRANSFER ON DEATH TITLE                                                                               
                                                                                                                                
          HB 81 was SECHEDULED but not HEARD.                                                                                   
                                                                                                                                
HB 145    LOANS UNDER $25,000; PAYDAY LOANS                                                                                     
                                                                                                                                
          HB 145 was SCHEDULED but not HEARD.                                                                                   
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
          INTEGRATED TRANSMISSION SYSTEMS                                                                                       
                                                                                                                                
          SCS CSHB  307(FIN) was  REPORTED out  of committee                                                                    
          with four "do pass"  recommendations and three "no                                                                    
          recommendation"  recommendations  and  with  three                                                                    
          new  fiscal impact  notes from  the Department  of                                                                    
          Commerce, Community  and Economic  Development and                                                                    
          one previously published zero note: FN1 (CED).                                                                        
                                                                                                                                
SENATE BILL NO. 217                                                                                                           
                                                                                                                                
     "An Act  relating to the taxation  of independent power                                                                    
     producers; and increasing  the efficiency of integrated                                                                    
     transmission system charges and  use for the benefit of                                                                    
     ratepayers."                                                                                                               
                                                                                                                                
CS FOR HOUSE BILL NO. 307(FIN) am                                                                                             
                                                                                                                                
     "An  Act  relating  to  the  Regulatory  Commission  of                                                                    
     Alaska;  relating to  regulation  of public  utilities,                                                                    
     pipeline  carriers, and  liquefied  natural gas  import                                                                    
     facilities;  relating to  approval  of wholesale  power                                                                    
     agreements;  relating to  preapproval for  construction                                                                    
     of energy facilities;  relating to electric reliability                                                                    
     organizations;   relating  to   the  taxation   of  new                                                                    
     electricity  generation  facilities;  relating  to  the                                                                    
     Alaska  Energy  Authority;  relating  to  the  Railbelt                                                                    
     Transmission Organization; requiring  the Alaska Energy                                                                    
     Authority  to  submit  a   report  about  issuing  rate                                                                    
     reduction  bonds  for   financing  transmission  system                                                                    
     upgrades; and providing for an effective date."                                                                            
                                                                                                                                
12:45:57 PM                                                                                                                   
                                                                                                                                
Co-Chair Olson explained that the committee would hear HB
307 for the first time, although it had heard the companion                                                                     
bill, SB 217.                                                                                                                   
                                                                                                                                
12:46:36 PM                                                                                                                   
                                                                                                                                
ANDREW  JENSEN,   ENERGY  POLICY  ADVISOR,  OFFICE   OF  THE                                                                    
GOVERNOR, relayed that the bill  was a high priority for the                                                                    
Office of the Governor, and he would present on HB 307 as                                                                       
it was transmitted to the committee. He noted that he would                                                                     
focus on the changes made to the bill on the House Floor.                                                                       
                                                                                                                                
Mr. Jensen addressed a Sectional Analysis for HB 307(FIN)am                                                                     
(copy on fie):                                                                                                                  
                                                                                                                                
     Section 1  - Amends AS 39.25.110(11)  to include Alaska                                                                    
     Energy Authority (AEA) officers  and employees as being                                                                    
     in exempt service under AS 39.25.                                                                                          
                                                                                                                                
     Section  2 -  Amends  AS 42.05.020(f)  to increase  the                                                                    
     salary  for  Regulatory   Commission  of  Alaska  (RCA)                                                                    
     commissioners from Range 27 to Range 29.                                                                                   
                                                                                                                                
     Section  3 -  Amends  AS 42.05.254(a)  to increase  the                                                                    
     regulatory  cost   charge  for  public   utilities  and                                                                    
     telecommunications providers to  fund operations at the                                                                    
     RCA  and the  Regulatory  Affairs  and Public  Advocacy                                                                    
     (RAPA) section  of the Department of  Law. The increase                                                                    
     for  RCA  operations  is  from   0.7  percent  to  0.98                                                                    
     percent,  and  the  increase  for  RAPA  is  from  0.17                                                                    
     percent to 0.22 percent.                                                                                                   
                                                                                                                                
     Section 4 -  Amends AS 42.05.381(e) to  require the RCA                                                                    
     to adopt  regulations specific to refuse  utilities for                                                                    
     setting  a   range  for  adjustment   of  rates   by  a                                                                    
     simplified  rate  filing  procedure. This  expands  the                                                                    
     current public  utilities covered  by the  section that                                                                    
     currently includes electric  cooperatives and telephone                                                                    
     utilities.                                                                                                                 
                                                                                                                                
     Section 5 - Amends AS  42.05.381 to expand the criteria                                                                    
     for a  "just and  reasonable" rate to  consider whether                                                                    
     the purpose  of the rate  is to increase  the diversity                                                                    
     of  supply,  promote  load growth,  or  enhance  energy                                                                    
     reliability or  energy security. It also  prohibits the                                                                    
     RCA from  considering the  costs of  imported liquified                                                                    
     natural gas facilities in customer rates.                                                                                  
                                                                                                                                
     Section  6 -  Amends  AS 42.05.431(b)  to require  that                                                                    
     wholesale  power contracts  between  a  utility and  an                                                                    
     independent power producer (IPP)  must disclose a state                                                                    
     or local  tax exemption provided  to a utility  or IPP,                                                                    
     and  defines an  IPP.  The definition  of  IPP in  this                                                                    
     section does not include a  joint action agency if such                                                                    
     joint action agency is  established under AS 42.45.310.                                                                    
     A joint action  agency is two or  more public utilities                                                                    
     that form a  joint action agency under  AS 42.45.310 to                                                                    
     purchase  a power  project from  the  authority if  the                                                                    
     purchase  and  sale  of  the  project  has  first  been                                                                    
     authorized by law.                                                                                                         
                                                                                                                                
     Section  7  - Amends  AS  42.05.431  to add  a  section                                                                    
     allowing  for  cost  recovery in  rates  for  renewable                                                                    
     energy projects  less than 15 megawatts  that have been                                                                    
     approved  by the  utility's  board  of directors.  This                                                                    
     cost recovery  would not require  approval by  the RCA,                                                                    
     and  would  apply  only to  utilities  subject  to  the                                                                    
     jurisdiction  of an  electric reliability  organization                                                                    
     (ERO). The only  ERO in the state  covers the Railbelt,                                                                    
     so this  provision would be currently  limited to those                                                                    
     utilities.                                                                                                                 
                                                                                                                                
     Section 8   Amends  AS 42.05.711(b) to reflect language                                                                    
     in  the legislation  that the  Alaska Energy  Authority                                                                    
     (AEA) is  subject to RCA jurisdiction  for the purposes                                                                    
     of establishing the open access transmission tariff. 2                                                                     
                                                                                                                                
     Section 9 - Amends  AS 42.05.760(a) to exempt utilities                                                                    
     in   an  interconnected   electric   system  from   the                                                                    
     requirement to  participate in an  electric reliability                                                                    
     organization if  the sum of  total annual  energy sales                                                                    
     by  the  load-serving  entities in  the  interconnected                                                                    
     system is less than 1.5 million megawatt-hours.                                                                            
                                                                                                                                
     Section 10  - Amends  AS 42.05.762  to require  that an                                                                    
     ERO prioritize reliability, stability,  and cost to the                                                                    
     customer of an interconnected electric system.                                                                             
                                                                                                                                
     Section 11 -  Amends AS 42.05.770 to require  an ERO to                                                                    
     develop      nondiscriminatory       standards      for                                                                    
     interconnection,  and it  removes the  requirement that                                                                    
     an   ERO   develop   open   access   transmission   and                                                                    
     transmission cost recovery standards.                                                                                      
                                                                                                                                
     Section  12 -  Amends AS  42.06.286(a) to  increase the                                                                    
     regulatory  cost charge  on pipeline  carriers to  fund                                                                    
     operations  of  RCA  and RAPA.  The  increase  for  RCA                                                                    
     operations  is from  0.7 percent  to 0.98  percent, and                                                                    
     the  increase for  RAPA is  from 0.17  percent to  0.22                                                                    
     percent.                                                                                                                   
                                                                                                                                
     Section 13 - Amends AS 43.98  to add a new section that                                                                    
     would   exempt    electricity   generation   facilities                                                                    
     constructed  and  placed  into service  after  July  1,                                                                    
     2024,  from  state  and  local  taxation  provided  the                                                                    
     facility  only provides  power to  a public  utility as                                                                    
     defined in AS 42.05.990.                                                                                                   
                                                                                                                                
     Section 14 - Amends AS  44.83.990 to create a new board                                                                    
     for  the AEA  to include  the commissioners  of Revenue                                                                    
     and Commerce,  Community and Economic  Development; and                                                                    
    six public members to be appointed by the Governor.                                                                         
                                                                                                                                
     Section  15 -  Amends  AS 44.83.030  to  allow for  the                                                                    
     commissioners   of   the   board  to   delegate   their                                                                    
     responsibilities  to a  designee;  that public  members                                                                    
     serve  for  three-year  terms;   and  the  process  for                                                                    
     filling vacancies.                                                                                                         
                                                                                                                                
     Section  16 -  Amends 44.83.040(a)  to account  for the                                                                    
     new AEA board of directors,  and the larger size of the                                                                    
     AEA board to update the  number of members required for                                                                    
     a quorum and a majority vote.                                                                                              
                                                                                                                                
     Section 17 -  Amends AS 44.83.040 to add  a new section                                                                    
     as  conforming language  to  Section  1 concerning  AEA                                                                    
     officers and employees.                                                                                                    
                                                                                                                                
     Section  18 -  Amends  AS 44.83.080  to  carry out  the                                                                    
     powers and duties in AS  44.83.700   44.83.720 in House                                                                    
     Bill 307, and add  an additional authority allowing for                                                                    
     AEA to acquire battery or energy storage systems.                                                                          
                                                                                                                                
     Section  19  -  Amends  AS  44.83.090(b)  to  make  AEA                                                                    
     subject to the  jurisdiction of the RCA  solely for the                                                                    
     purposes  outlined  in  the creation  of  the  Railbelt                                                                    
     Transmission    Organization   (TRO)    requiring   the                                                                    
     establishment of an open access transmission tariff.                                                                       
                                                                                                                                
     Section 20 - Amends AS 44.83  to add a new section that                                                                    
     creates the RTO for the  purpose of establishment of an                                                                    
     open access  transmission tariff to fairly  recover and                                                                    
     equitably allocate the costs  of operating the backbone                                                                    
     transmission system.  This section establishes  the RTO                                                                    
     as  a   division  of  AEA,  and   that  the  governance                                                                    
     structure  includes  representatives  of  the  Railbelt                                                                    
     utilities,  AEA,  and  an   ex-officio  member  of  the                                                                    
     electric reliability  organization. The RTO  is subject                                                                    
     to  RCA  jurisdiction, and  will  be  required to  file                                                                    
     tariffs  to  achieve  this purpose.  The  section  also                                                                    
     establishes   the  revenue   mechanism  structure   and                                                                    
     criteria  for  the   open  access  transmission  tariff                                                                    
     covering  the   "backbone"  transmission   system,  and                                                                    
     provides a  deadline for the submission  of this tariff                                                                    
     of no later  3 than July 1, 2025. If  the tariff is not                                                                    
     submitted by  this date, the  section requires  the RCA                                                                    
     to  establish   the  open  access  and   cost  recovery                                                                    
     standard  consistent  with  this section.  The  section                                                                    
     requires  that this  commission-approved  cost will  be                                                                    
     passed directly and transparently  to the end customer.                                                                    
     The   section   includes   definitions   of   "backbone                                                                    
     transmission    system";   "commission";    "Railbelt";                                                                    
     "Railbelt utility"; and "transmission organization".                                                                       
                                                                                                                                
     Section 21 - It  adds uncodified language requiring AEA                                                                    
     to submit a report to  the Legislature by Jan. 1, 2025,                                                                    
     examining  the feasibility  of the  RTO  as a  "special                                                                    
     purpose  entity"  for  the  purposes  of  issuing  rate                                                                    
     reduction   bonds   to  finance   transmission   system                                                                    
     upgrades.                                                                                                                  
                                                                                                                                
     Section 22  - Provides  for the  transition of  the new                                                                    
     members  of the  AEA  board of  directors with  initial                                                                    
   staggered terms of one-, two-, and three-year terms.                                                                         
                                                                                                                                
     Section 23 - Provides for a  deadline for the RTO to be                                                                    
     formed  by  Jan.  1,  2025;  to  model  its  governance                                                                    
     structure  on  the   Bradley  Lake  Project  Management                                                                    
     Committee; and  to file a  certificate with the  RCA by                                                                    
     Jan. 1, 2025.                                                                                                              
                                                                                                                                
     Section 24  - Provides for an  immediate effective date                                                                    
     for Sec. 4 and 5.                                                                                                          
                                                                                                                                
     Section 25 - Provides for  an effective date of July 1,                                                                    
     2024, for the remainder of the act.                                                                                        
                                                                                                                                
12:48:29 PM                                                                                                                   
                                                                                                                                
Co-Chair Olson asked for the reasoning behind the change                                                                        
found in Section 4.                                                                                                             
                                                                                                                                
Mr.  Jensen  explained  that  a   member  of  House  Finance                                                                    
Committee   had   expressed   concern  the   cost   of   the                                                                    
construction  of   an  LNG  facility  being   passed  on  to                                                                    
consumers.                                                                                                                      
                                                                                                                                
Mr. Jensen  addressed Section  6, which  was amended  on the                                                                    
House Floor  and concerned the tax  exemption for utilities.                                                                    
The language replaced the word  "reflect" with  disclose  to                                                                    
narrow it  to a state or  local tax exemption and  to remove                                                                    
the term government subsidy.                                                                                                    
                                                                                                                                
12:49:35 PM                                                                                                                   
                                                                                                                                
Mr. Jensen addressed  Section 7, which did  not require pre-                                                                    
approval for  projects less than  15 megawatts  for projects                                                                    
that had  been approved by  a utilitys  board  of directors.                                                                    
The  provision  would  only  apply  to  Railbelt  utilities.                                                                    
Section 8 contained  language stating that the  AEA would be                                                                    
subject to Regulatory Commission  of Alaska jurisdiction for                                                                    
the purposes of the Open Access Transmission Tariff.                                                                            
                                                                                                                                
12:50:38 PM                                                                                                                   
                                                                                                                                
Mr. Jensen  addressed Section 9,  which was related  to EROs                                                                    
and  would  allow  interconnected utilities  exemption  from                                                                    
forming an  ERO is  the accumulative  amount of  power sales                                                                    
was  less than  1.5  million megawatt  hours. The  provision                                                                    
would currently only apply to the Railbelt system.                                                                              
                                                                                                                                
He  continued  that  Section  10  amended  AS  42.05.762  to                                                                    
require that  an ERO prioritize reliability,  stability, and                                                                    
cost to the customer of an interconnected electric system.                                                                      
                                                                                                                                
Mr. Jensen noted  that the amendment on the  House floor was                                                                    
meant to put  cost on an equal footing  with reliability and                                                                    
stability.  He  noted that  the  amendment  had been  passed                                                                    
without objection.                                                                                                              
                                                                                                                                
12:52:04 PM                                                                                                                   
                                                                                                                                
Mr.  Jensen  summarized  that Sections  11  through  19  had                                                                    
previously  been before  the committee  and touched  on cost                                                                    
recovery standards,  increased regulatory cost  charges, new                                                                    
generation  facility  tax  exemptions, the  new  AEA  board,                                                                    
allowance  of commissioner  responsibilities  on the  board,                                                                    
the size of  the board in terms of majority  and quorum, and                                                                    
additional conforming language to  the AEA as exempt service                                                                    
employees,  as  well  as  the expansion  of  AEA  duties  to                                                                    
acquire battery  and energy storage systems,  and additional                                                                    
conforming  language.  He  said  that Section  20  had  been                                                                    
amended  on the  House Floor  to change  the language   cost                                                                    
recovery  mechanism  to   open access  transmission tariff,                                                                     
which was  how FERC described  the structures. He  said that                                                                    
additional  technical clean  up  was also  reflected in  the                                                                    
section.                                                                                                                        
                                                                                                                                
12:54:08 PM                                                                                                                   
                                                                                                                                
Mr. Jensen  highlighted updated  definitions in  Section 20.                                                                    
He noted that the language clarified intent.                                                                                    
                                                                                                                                
12:55:06 PM                                                                                                                   
                                                                                                                                
Mr. Jensen spoke to Section 21, which was new:                                                                                  
                                                                                                                                
     Section 21 - It  adds uncodified language requiring AEA                                                                    
     to submit a report to  the Legislature by Jan. 1, 2025,                                                                    
     examining  the feasibility  of the  RTO  as a  "special                                                                    
     purpose  entity"  for  the  purposes  of  issuing  rate                                                                    
     reduction   bonds   to  finance   transmission   system                                                                    
     upgrades.                                                                                                                  
                                                                                                                                
Mr. Jensen spoke to Section 22 through 25:                                                                                      
                                                                                                                                
     Section 22  - Provides  for the  transition of  the new                                                                    
     members  of the  AEA  board of  directors with  initial                                                                    
   staggered terms of one-, two-, and three-year terms.                                                                         
                                                                                                                                
     Section 23 - Provides for a  deadline for the RTO to be                                                                    
     formed  by  Jan.  1,  2025;  to  model  its  governance                                                                    
     structure  on  the   Bradley  Lake  Project  Management                                                                    
     Committee; and  to file a  certificate with the  RCA by                                                                    
     Jan. 1, 2025.                                                                                                              
                                                                                                                                
     Section 24  - Provides for an  immediate effective date                                                                    
     for Sec. 4 and 5.                                                                                                          
                                                                                                                                
     Section 25 - Provides for  an effective date of July 1,                                                                    
     2024, for the remainder of the act.                                                                                        
                                                                                                                                
12:57:30 PM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman  was curious  about  the  definition of  a                                                                    
 rate reduction bond.                                                                                                           
                                                                                                                                
Co-Chair Olson echoed the question.                                                                                             
                                                                                                                                
Mr. Jensen understood  that the concept of  a rate reduction                                                                    
bond could signify use of  the savings from lowered customer                                                                    
rates being applied to the service of the project debt.                                                                         
                                                                                                                                
Co-Chair Olson noted that the   savings  would be unrealized                                                                    
money.                                                                                                                          
                                                                                                                                
Mr.  Jensen believed  that the  requested  report would  add                                                                    
clarity.  He understood  that a  rate  reduction bond  would                                                                    
service the  debt with  the savings  that the  project would                                                                    
create.                                                                                                                         
                                                                                                                                
Co-Chair Stedman  surmised that if no  savings were realized                                                                    
then the bond would be in default.                                                                                              
                                                                                                                                
Mr.  Jensen  deferred  the question  to   people  with  more                                                                    
expertise  and  noted that  the language  came from  a House                                                                    
Floor amendment and not the governor's office.                                                                                  
                                                                                                                                
Co-Chair Olson asked  whether the vote on  the amendment was                                                                    
unanimous.                                                                                                                      
                                                                                                                                
Mr. Jensen replied that he did not know.                                                                                        
                                                                                                                                
12:58:59 PM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman   expressed  deeper  focus  on   the  four                                                                    
amendments to the bill on the House Floor.                                                                                      
                                                                                                                                
12:59:18 PM                                                                                                                   
                                                                                                                                
Senator Kiehl  asked whether there  was a cost  estimate for                                                                    
the report in question.                                                                                                         
                                                                                                                                
Mr. Jensen explained that there  was no fiscal note, but the                                                                    
report would  be required of  AEA to complete  with existing                                                                    
funds.                                                                                                                          
                                                                                                                                
Senator  Kiehl wondered  whether a  representative from  AEA                                                                    
was available for questions.                                                                                                    
                                                                                                                                
Senator Olson responded that no one from AEA was online.                                                                        
                                                                                                                                
1:00:15 PM                                                                                                                    
                                                                                                                                
Senator Bishop  referenced Section 21 and  asked whether Mr.                                                                    
Jensen's office  had conferred  with the  Executive Director                                                                    
of AEA  to glean  whether the report  would be  a manageable                                                                    
task  considering  all the  other  duties  that would  be  a                                                                    
result of the bill.                                                                                                             
                                                                                                                                
Mr.  Jensen   replied  that   he  was   not  aware   of  any                                                                    
communication with AEA on the matter.                                                                                           
                                                                                                                                
Senator Bishop  followed up  on Co-Chair  Stedman's question                                                                    
about  rate   reduction  bonds.  He  thought   common  sense                                                                    
indicated that the bonds would be a premium price.                                                                              
                                                                                                                                
1:01:26 PM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman thought Section  21 addressed examining the                                                                    
feasibility of  rate reduction  bonds but  did not  give AEA                                                                    
the authority to issue rate reduction bonds.                                                                                    
                                                                                                                                
Mr.  Jensen   answered  "yes,"   and  thought   the  section                                                                    
mentioned only that  the report should be done  and not that                                                                    
the authority should be given.                                                                                                  
                                                                                                                                
1:02:09 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  asked Mr.  Jensen  to  discuss the  other                                                                    
amendments made to the bill for clarity.                                                                                        
                                                                                                                                
Mr. Jensen affirmed  that there had been  four amendments to                                                                    
the bill  on the House  floor. He listed that  one amendment                                                                    
had been  an  omnibus  amendment by  Representative Rauscher                                                                    
that addressed  several technical  items. He noted  that the                                                                    
changes  had   been  largely  items  like   replacing   cost                                                                    
recovery mechanism   with  open access  transmission tariff                                                                     
He noted that the  disclosure requirement for tax exemptions                                                                    
within rates had  been part of the amendment as  well as the                                                                    
change in  the definition  of an independent  power producer                                                                    
from  a person  to  make it  a legal  entity.  He said  that                                                                    
conforming  language  about  the  Regulatory  Commission  of                                                                    
Alaskas  jurisdictional  issue had been addressed.  He added                                                                    
that the  amendment also  changed the  language  in  AEA  to                                                                    
 division of  AEA  to make clear  the different governmental                                                                    
structure.                                                                                                                      
                                                                                                                                
1:03:50 PM                                                                                                                    
                                                                                                                                
Mr.  Jensen discussed  updated definitions.  There was  also                                                                    
amended   transition  language   to   base  the   governance                                                                    
structure on the Bradley Lake  Project Committee and for the                                                                    
                                                 st                                                                             
group to have to  file a certificate by January 1.   He said                                                                    
that  an immediate  effective date  for Section  5 had  been                                                                    
added. He  said that Amendment  2 changed the  language that                                                                    
was   previously   before   the  committee   regarding   the                                                                    
prioritization of  cost to the customer.  He reiterated that                                                                    
the third amendment would require  AEA to produce the report                                                                    
concerning rate  reduction bonds. He noted  that Amendment 4                                                                    
had  been   offered  by  Representative  Sumner   and  would                                                                    
prohibit the  Regulatory Commission of Alaska  from allowing                                                                    
the  utility  to  recover  the  costs  of  an  imported  LNG                                                                    
facility through rates charged to customers.                                                                                    
                                                                                                                                
1:05:44 PM                                                                                                                    
                                                                                                                                
Co-Chair   Hoffman  cited   Section   6   and  queried   the                                                                    
justification for the deletion of or government subsidy.                                                                        
                                                                                                                                
Mr. Jensen  explained that the  reason for removal  was that                                                                    
the language  was  overly  broad and  not well  defined.  He                                                                    
thought that  narrowing the  scope to  what the  state could                                                                    
control would speak to issues of cost uncertainty.                                                                              
                                                                                                                                
Co-Chair  Hoffman pointed  out  that Mr.  Jensen often  used                                                                    
 we   to  describe  those  that  crafted  the  current  bill                                                                    
version and  wondered who Mr.  Jensen was referring  to when                                                                    
he said we.                                                                                                                     
                                                                                                                                
Mr. Jensen  explained that  the bill  was a  governors  bill                                                                    
and  the administration  had worked  closely  with both  the                                                                    
House Majority and  minority on the bill; when  he said  we                                                                     
he was speaking of the administration.                                                                                          
                                                                                                                                
Co-Chair Olson  asked whether the  governor was in  favor of                                                                    
the amendments.                                                                                                                 
                                                                                                                                
Mr.  Jensen  noted that  the  omnibus  Amendment 1  was  the                                                                    
amendment that was crafted jointly with house members.                                                                          
                                                                                                                                
Co-Chair  Olson asked  whether the  governor  favored all  4                                                                    
amendments.                                                                                                                     
                                                                                                                                
Mr. Jensen answered that the  governor supported Amendment 1                                                                    
and  Amendment 2.  He admitted  that the  other two  had not                                                                    
come from the governors office and deferred to the House                                                                        
on those amendments.                                                                                                            
                                                                                                                                
1:08:48 PM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  asked about Section  9 and Section  19. He                                                                    
probed which  amendments they were  related to.  He referred                                                                    
the   Explanation of  Changes    HB 307  (FIN)am: Integrated                                                                    
Transmission Systems  From Version B (copy on file):                                                                            
                                                                                                                                
     Amends the title to include  the "liquified natural gas                                                                    
     import  facilities" and  "requiring  the Alaska  Energy                                                                    
     Authority  to  submit  a   report  about  issuing  rate                                                                    
     reduction  bonds  for   financing  transmission  system                                                                    
     upgrades."                                                                                                                 
                                                                                                                                
     Section 5 Amended  to add a new  section that prohibits                                                                    
     the  RCA   from  considering  the  costs   of  imported                                                                    
    liquified natural gas facilities in customer rates.                                                                         
                                                                                                                                
     Section  6 Amends  requirements for  RCA approval  of a                                                                    
     rate  set   in  accordance   with  a   wholesale  power                                                                    
     agreement  to  "must  disclose a  state  or  local  tax                                                                    
     exemption" provided  to a utility or  independent power                                                                    
     producer  (IPP), and  deletes "or  government subsidy."                                                                    
     It  also amends  the  definition of  an  IPP to  change                                                                    
     "person" to "legal entity."                                                                                                
                                                                                                                                
     It  inserts a  new  section of  conforming language  to                                                                    
     reflect  language in  the legislation  that the  Alaska                                                                    
     Energy Authority  (AEA) is subject to  RCA jurisdiction                                                                    
     for  the  purposes  of  establishing  the  open  access                                                                    
     transmission tariff.                                                                                                       
                                                                                                                                
     Section 9 Amended to  read "prioritize the reliability,                                                                    
     stability, and cost to the customer".                                                                                      
                                                                                                                                
     Section  19  Amended  language  creating  the  Railbelt                                                                    
     Transmission  Organization   (RTO)  to   replace  "cost                                                                    
     recovery  mechanism"  with  "open  access  transmission                                                                    
     tariff"  and requires  that the  tariff fairly  recover                                                                    
     and equitably allocate the costs  of operating the open                                                                    
     access transmission tariff.                                                                                                
                                                                                                                                
     It amends the  establishment of the RTO  to "a division                                                                    
     of" AEA;  includes AEA in  the governance  structure of                                                                    
     the  RTO;  adds the  CEO  of  the electric  reliability                                                                    
     organization (ERO)  as an  ex-officio member;  and adds                                                                    
     statutory  reference establishing  that AEA  is subject                                                                    
     to  RCA  jurisdiction  for the  purposes  of  the  open                                                                    
     access transmission tariff.                                                                                                
                                                                                                                                
     It  amends  the  definition  of  backbone  transmission                                                                    
     assets and the definition of a Railbelt utility.                                                                           
                                                                                                                                
     Section 21  It amends  the transition language  for the                                                                    
     RTO  to  require  it  be   modeled  on  the  governance                                                                    
     structure  and  methods  of the  Bradley  Lake  Project                                                                    
     Management Committee, with  any adjustments the parties                                                                    
     determine  are necessary,  and that  the RTO  will file                                                                    
     for a  certificate from the  RCA no later than  Jan. 1,                                                                    
     2025.                                                                                                                      
                                                                                                                                
     Section 22  It creates an immediate  effective date for                                                                    
     Section 5.                                                                                                                 
                                                                                                                                
     New Section  It adds uncodified language  requiring AEA                                                                    
     to submit a report to  the Legislature by Jan. 1, 2025,                                                                    
     examining  the feasibility  of the  RTO  as a  "special                                                                    
     purpose  entity"  for  the  purposes  of  issuing  rate                                                                    
     reduction   bonds   to  finance   transmission   system                                                                    
     upgrades.                                                                                                                  
                                                                                                                                
1:09:06 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:09:37 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Olson   asked  Mr.   Jensen  to   address  Senator                                                                    
Hoffmans question.                                                                                                              
                                                                                                                                
Co-Chair Hoffman  asked about Sections  5, 6, 9, 19,  21, 22                                                                    
of the Explanation of Changes  document. He asked Mr. Jensen                                                                    
to   identify  which   sections  related   to  which   floor                                                                    
amendment.                                                                                                                      
                                                                                                                                
Mr.  Jensen noted  that there  was  an error  and Section  9                                                                    
should say  Section 10. The  change was made as  Amendment 2                                                                    
and passed unanimously on the House Floor.                                                                                      
                                                                                                                                
Co-Chair Hoffman asked about Sections 5, 6, 19, 21, and 22.                                                                     
                                                                                                                                
Mr. Jensen  relayed that Section  5 was Amendment  14, which                                                                    
was the fourth amendment adopted on the House Floor.                                                                            
                                                                                                                                
1:11:52 PM                                                                                                                    
                                                                                                                                
Mr.  Jensen  addressed  the  changes to  the  bill  and  the                                                                    
correlating amendments:                                                                                                         
                                                                                                                                
     Section 6 was part of Amendment 1.                                                                                         
                                                                                                                                
     The new section was part of Amendment 1.                                                                                   
                                                                                                                                
     Section 10 (9) was part of Amendment 2.                                                                                    
                                                                                                                                
     Section 19 was part of Amendment 1.                                                                                        
                                                                                                                                
     Section 21 was part of Amendment 1.                                                                                        
                                                                                                                                
     Section 22 was part of Amendment 1.                                                                                        
                                                                                                                                
     The following new section was part of Amendment 8 on                                                                       
     the floor, which was the third amendment that passed                                                                       
     on the House Floor.                                                                                                        
                                                                                                                                
Co-Chair Olson thought Amendment  1 had been significant and                                                                    
related to many of the sections.                                                                                                
                                                                                                                                
Mr. Jensen answered affirmatively.                                                                                              
                                                                                                                                
1:13:36 PM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  went back to  Section 6. He  asked whether                                                                    
the change was considered a government subsidy.                                                                                 
                                                                                                                                
Mr. Jensen  asked whether Senator  Hoffman was  asking about                                                                    
the state or local tax exemption.                                                                                               
                                                                                                                                
Co-Chair Hoffman replied affirmatively.                                                                                         
                                                                                                                                
Mr. Jensen thought that the language had improved the bill.                                                                     
                                                                                                                                
Co-Chair  Hoffman  noted  that   the  words   or  government                                                                    
subsidy  had been  deleted and he asked  whether those words                                                                    
had been in the governor's original bill.                                                                                       
                                                                                                                                
Mr.  Jensen  indicated that  the  language  was not  in  the                                                                    
original bill. He elaborated on  the process of removing and                                                                    
replacing the language.                                                                                                         
                                                                                                                                
1:16:25 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman expressed  concern about  taking away  the                                                                    
authority of local governments to  tax. He contended that it                                                                    
took revenue from local governments.                                                                                            
                                                                                                                                
Mr. Jensen  referenced testimony  from the  Alaska Municipal                                                                    
League, which had taken a   no  position on the legislation.                                                                    
He furthered  that the Matanuska-Susitna Borough  had issued                                                                    
a resolution  of support  for the  bill. He  reiterated that                                                                    
savings would be passed into the customer.                                                                                      
                                                                                                                                
Co-Chair Hoffman agreed that the  exemption should exist. He                                                                    
pondered  whether  the  language   government  subsidy   was                                                                    
appropriate  since  the  exemption  would be  granted  by  a                                                                    
government, albeit  local. Local government would  be giving                                                                    
up a revenue source, which should be considered a subsidy.                                                                      
                                                                                                                                
Mr. Jensen relayed  that that the word   exemption  had been                                                                    
used for clarity and to  provide clear understanding of what                                                                    
must be disclosed and reflected in the rate.                                                                                    
                                                                                                                                
Co-Chair Hoffman  commented that  when issuing  a tax-exempt                                                                    
status to  a profit  corporation, it  was important  to name                                                                    
things in the proper terms. He  used the example of the City                                                                    
of Bethel, which was to move  from a profit corporation to a                                                                    
non-profit  status.  He thought  the  language  was a  clear                                                                    
deviation from calling things what they are.                                                                                    
                                                                                                                                
1:20:15 PM                                                                                                                    
                                                                                                                                
Senator Bishop referenced Section 5:                                                                                            
                                                                                                                                
     Amended to add a new section that prohibits the RCA                                                                        
     from considering the costs of imported liquified                                                                           
     natural gas facilities in customer rates.                                                                                  
                                                                                                                                
Co-Chair  Bishop   asked  for  clarification  on   the  term                                                                    
 facilities and what was included in the facilities.                                                                            
                                                                                                                                
1:20:55 PM                                                                                                                    
                                                                                                                                
ROBERT DOYLE,  CHAIR, REGULATORY  COMMISSION OF  ALASKA (via                                                                    
teleconference),   replied   that    facilities    included:                                                                    
compressors, storage,  pipes, land, and investments  of that                                                                    
nature. He  understood the  utilities would  not be  able to                                                                    
invest in facilities under the amendment.                                                                                       
                                                                                                                                
Senator  Bishop  asked  whether the  pipes  included  export                                                                    
pipelines  from   the  facility  out  to   the  distribution                                                                    
network.                                                                                                                        
                                                                                                                                
Mr. Doyle responded  that it would include  anything used to                                                                    
move LNG to  utilities within the state. He  said that there                                                                    
could be distribution pipes owned by other entities.                                                                            
                                                                                                                                
1:22:22 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman wondered  whether it  was common  that LNG                                                                    
plants were  prohibited from building  costs into  rates. He                                                                    
wondered how plants would get a return on capital.                                                                              
                                                                                                                                
Mr.  Doyle  affirmed  that the  practice  was  uncommon.  He                                                                    
relayed that  normally if  the utility  was going  to invest                                                                    
there would  be a  way to  recoup investment  through rates.                                                                    
He  thought that  when there  was  a shortage  of fuel,  the                                                                    
provision  would  prohibit anyone  from  using  any kind  of                                                                    
facility  invested in  to access  something not  produced in                                                                    
Cook Inlet. He  thought the result might be  an overreach of                                                                    
what was intended. He thought  that the management decisions                                                                    
should be left  to the member owners who  elected boards and                                                                    
leader to make those decisions.                                                                                                 
                                                                                                                                
Co-Chair Stedman  understood that there were  limitations on                                                                    
financial exposure that utilities were allowed to take on.                                                                      
                                                                                                                                
Mr. Doyle  though that the  process was risky. He  said that                                                                    
money lost  on investment  would impact utilities.  He hoped                                                                    
that  leadership put  in place  would make  proper financial                                                                    
decisions.                                                                                                                      
                                                                                                                                
1:25:41 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman commented that  several years ago the state                                                                    
was looking at  a major gasline and it had  been said at the                                                                    
time  that utilities  in the  Lower 48  were standing  by as                                                                    
asset  backers for  construction. He  had been  skeptical at                                                                    
the time  as the regulator  would not allow the  exposure of                                                                    
billion  in capital  loss to  fall  back on  rate payers  in                                                                    
other states.                                                                                                                   
                                                                                                                                
Mr. Doyle  agreed that  there were  important considerations                                                                    
that needed  to be  considered. He thought  it was  a policy                                                                    
decision that should be made by the legislature.                                                                                
                                                                                                                                
1:26:59 PM                                                                                                                    
                                                                                                                                
Senator  Kiehl considered  Section 5  and surmised  that the                                                                    
section forbit the  recovery of costs. He  asked whether the                                                                    
Regulatory  Commission  of  Alaska could  consider  another,                                                                    
more expensive, option.                                                                                                         
                                                                                                                                
Mr. Doyle relayed that with  the original intent of the bill                                                                    
was to keep  rates low. He said that the  work would have to                                                                    
be  done  within the  statutory  framework  provided in  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Senator Kiehl mentioned the  phrase "reasonable prudent." He                                                                    
echoed  the commissioners   concern  that  the most  prudent                                                                    
choice   might  limit   a  utilities   ability  to   provide                                                                    
meaningful service.                                                                                                             
                                                                                                                                
1:29:38 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman understood that  the administration did not                                                                    
support Amendment 3 nor Amendment 4.                                                                                            
                                                                                                                                
Mr.  Jensen replied  that the  administration looked  to the                                                                    
will of the committee concerning  Amendment 3. He added that                                                                    
the  provision  added by  Amendment  4  had previously  been                                                                    
removed and then reinstated on the House Floor.                                                                                 
                                                                                                                                
Co-Chair Olson asked whether Amendment 4 was superfluous.                                                                       
                                                                                                                                
Mr.  Jensen replied  that the  amendment was  unnecessary to                                                                    
achieve the governors intent of the legislation.                                                                                
                                                                                                                                
1:30:28 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman asked  whether the administration supported                                                                    
Amendment 4.                                                                                                                    
                                                                                                                                
Mr.  Jensen relayed  that the  administration supported  the                                                                    
previous of the committee.                                                                                                      
                                                                                                                                
Co-Chair  Olson   expressed  confusion  with   Mr.  Jensens                                                                     
response.                                                                                                                       
                                                                                                                                
1:30:57 PM                                                                                                                    
                                                                                                                                
Senator  Wilson  believed  that  it  was  a   yes   or   no                                                                     
question.                                                                                                                       
                                                                                                                                
Mr. Jensen relayed that the  administration supported a bill                                                                    
that achieved the governors  priorities,  which was the bill                                                                    
version prior to the House Floor amendments.                                                                                    
                                                                                                                                
1:32:06 PM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  recalled that  Mr. Jensen  offered support                                                                    
for Amendments 1 and 2  and remained neutral on Amendments 3                                                                    
and 4.                                                                                                                          
                                                                                                                                
Mr. Jensen agreed.                                                                                                              
                                                                                                                                
1:32:40 PM                                                                                                                    
RECESSED                                                                                                                        
                                                                                                                                
7:13:53 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
7:14:11 PM                                                                                                                    
                                                                                                                                
Senator Merrick MOVED  to ADOPT MOVED to  ADOPT the proposed                                                                    
committee substitute  for CSHB  307(FIN) am, Work  Draft 33-                                                                    
GH2489\R (Walsh, 05\15\24) (copy on file).                                                                                      
                                                                                                                                
Co-Chair Olson OBJECTED for the purpose of discussion.                                                                          
                                                                                                                                
7:14:38 PM                                                                                                                    
                                                                                                                                
KEN  ALPER,  STAFF,  SENATOR   DONNY  OLSON,  explained  the                                                                    
changes.  He read  from the  document   Summary of  Changes,                                                                    
version B.A to R:                                                                                                               
                                                                                                                                
     Change #1  Increased the qualifications  for Regulatory                                                                    
     Commission of  Alaska (RCA) commissioners,  requiring a                                                                    
     specific  number of  years of  professional experience.                                                                    
     (Sec. 2)                                                                                                                   
                                                                                                                                
     Change #2 Clarified and expanded how the Railbelt                                                                          
     Transmission Organization (RTO), while housed within                                                                       
     the Alaska Energy Authority (AEA),  is regulated by the                                                                    
     RCA for  the specific purpose  of filing a  single cost                                                                    
     recovery  tariff  to  replace  the  current  system  of                                                                    
     multiple   wheeling  rates   and   must   file  for   a                                                                    
     certificate. (Sec. 4 and 22)                                                                                               
                                                                                                                                
     Change  #3   Added  a   technical  correction   to  the                                                                    
     regulation of  telecommunications, which  is preventing                                                                    
    implementation of SB83 as passed in 2019. (Sec. 5)                                                                          
                                                                                                                                
     Change #4  Removed section  that would  have authorized                                                                    
     the RCA to regulate refuse  utilities. (Sec. 4 of House                                                                    
     version)                                                                                                                   
                                                                                                                                
7:14:54 PM                                                                                                                    
                                                                                                                                
Mr. Alper continued:                                                                                                            
                                                                                                                                
     Change #5 Removed section that  would have required the                                                                    
     Regulatory  Commission  of  Alaska to  not  consider  a                                                                    
     utility's investment in a  liquified natural gas import                                                                    
     facility for rate making purposes.  (Sec. 5(q) of House                                                                    
     version)                                                                                                                   
                                                                                                                                
     Change #6  Removed sections that  said the RCA  may not                                                                    
     require  pre-approval  for certain  smaller  electrical                                                                    
     generation  or  storage  projects.  (Sec.  7  of  House                                                                    
     version)                                                                                                                   
                                                                                                                                
     Change  #7   Modified  the  section  that   exempts  an                                                                    
     interconnected  transmission  network from  needing  to                                                                    
     form an  electric reliability organization,  to systems                                                                    
     that sell less than  3,000,000 megawatt hours per year.                                                                    
     (Sec. 10)                                                                                                                  
                                                                                                                                
     Change  #8 Added  language reducing  the interest  rate                                                                    
     for certain  loans for  renewable energy  projects from                                                                    
     the   power  project   fund.  This   is  to   offset  a                                                                    
     community's potential  loss of power  cost equalization                                                                    
     funds due to the lower cost power. (Sec. 14)                                                                               
                                                                                                                                
     Change #9  Modified the  section that  exempted certain                                                                    
     independent  power  producers   from  state  and  local                                                                    
     property, income,  and excise taxes for  new facilities                                                                    
     to  include energy  storage facilities  and to  clearly                                                                    
     include a facility  operated by an entity  other than a                                                                    
     public utility  if it provides  power only to  a public                                                                    
     utility. (Sec. 15)                                                                                                         
                                                                                                                                
     Change  #10 Added  a  requirement one  of  the new  AEA                                                                    
     Board's  members  must  have  expertise  or  experience                                                                    
     managing a  municipally owned  utility or  Joint Action                                                                    
     Agency located off the road system. (Sec. 16)                                                                              
                                                                                                                                
     Change #11  Removed a required  report from  the Alaska                                                                    
     Energy Authority  to the  Legislature, to  evaluate the                                                                    
     feasibility of making the RTO  a special purpose entity                                                                    
     to  issue long  term debt  to finance  upgrades to  the                                                                    
     backbone  transmission   system.  (Sec.  21   of  House                                                                    
     version)                                                                                                                   
                                                                                                                                
     Change  #12  Expanded   upon  the  transition  language                                                                    
     describing the governance  of the Railbelt Transmission                                                                    
     Organization,  indicating  that  it should  be  modeled                                                                    
     after  the  existing  Bradley Lake  Project  Management                                                                    
     Committee  with  adjustments   the  parties  agree  are                                                                    
     necessary. (Sec. 25)                                                                                                       
                                                                                                                                
7:22:15 PM                                                                                                                    
                                                                                                                                
Mr. Jensen was available for questions.                                                                                         
                                                                                                                                
Co-Chair   Olson   wondered   whether   the   administration                                                                    
supported the committee substitute.                                                                                             
                                                                                                                                
Mr. Jensen replied in the affirmative.                                                                                          
                                                                                                                                
Co-Chair  Olson  WITHDREW  the  OBJECTION.  There  being  NO                                                                    
further OBJECTION, Work Draft 33-GH2489\R was ADOPTED.                                                                          
                                                                                                                                
Senator  Merrick  MOVED to  REPORT  SCS  CSHB 307(FIN)  from                                                                    
committee  with  individual  recommendations,  attached  and                                                                    
forthcoming   fiscal  notes,   and  attached   title  change                                                                    
resolution.                                                                                                                     
                                                                                                                                
SCS CSHB  307(FIN) was REPORTED  out of committee  with four                                                                    
"do  pass"  recommendations  and three  "no  recommendation"                                                                    
recommendations and with three  new fiscal impact notes from                                                                    
the   Department  of   Commerce,   Community  and   Economic                                                                    
Development  and one  previously  published  zero note:  FN1                                                                    
(CED).                                                                                                                          
                                                                                                                                
7:23:37 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
7:25:19 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Senator Wilson thanked the co-chairs and support staff for                                                                      
guidance and support during the session.                                                                                        
                                                                                                                                
Co-Chair Olson thanked the committee and staff for their                                                                        
work during the legislative session.                                                                                            
                                                                                                                                
SB 217 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
7:27:38 PM                                                                                                                    
RECESSED TO THE CALL OF THE CHAIR [Note: the meeting never                                                                      
reconvened.]                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
7:28:00 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 10:58 a.m.                                                                                         

Document Name Date/Time Subjects
HB 307 (FIN)am -Sectional Analysis.pdf SFIN 5/15/2024 9:00:00 AM
HB 307
HB 307 Explanation for Changes to ver B_.pdf SFIN 5/15/2024 9:00:00 AM
HB 307
HB 307vR CS in SFin summary of changes 5-15-24.pdf SFIN 5/15/2024 9:00:00 AM
HB 307
HB 307 work draft version R.pdf SFIN 5/15/2024 9:00:00 AM
HB 307
HB 307 Sectional Analysis version R.pdf SFIN 5/15/2024 9:00:00 AM
HB 307