Legislature(2003 - 2004)

2004-02-16 Senate Journal

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2004-02-16                     Senate Journal                      Page 2178
SB 337                                                                                            
SENATE BILL NO. 337 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to the powers of the Alaska Energy                                       
          Authority to make grants and loans and enter into                                         
          contracts; relating to the bulk fuel revolving loan                                       
          fund; relating to the Alaska Energy Authority's                                           
          liability for the provision of technical assistance to                                    
          rural utilities; relating to the Alaska Energy                                            
          Authority's investment of the power development                                           
          fund; repealing the electrical service extension fund;                                    
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Revenue                                                     
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    

2004-02-16                     Senate Journal                      Page 2179
Governor's transmittal letter dated February 13:                                                    
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the powers of the                                
Alaska Energy Authority (AEA) to make grants and loans and enter                                    
into contracts, relating to the bulk fuel revolving loan fund, relating to                          
the AEA's potential liability for the provision of technical assistance                             
to rural utilities, relating to the AEA's investment of the power                                   
development fund, and repealing the electrical service extension fund.                              
                                                                                                    
Section 1 of the bill would amend AS 42.45.010, establishing the                                    
power project fund, to add authorization for the AEA to make loans                                  
from the fund for waste energy, energy conservation, energy                                         
efficiency, and alternative energy facilities and equipment. Similarly,                             
section 9 of the bill would amend the general powers of the AEA to                                  
authorize it to improve, equip, operate, maintain, and enter into                                   
contracts for the construction, financing, operation, and maintenance                               
of: bulk fuel, waste energy, energy conservation, energy efficiency,                                
and alternative energy facilities and equipment. The Denali                                         
Commission and other federal agencies have provided substantial                                     
funding for such projects, and the Legislature has authorized the                                   
AEA's receipt and expenditure of the federal money.                                                 
                                                                                                    
Section 11 of the bill would repeal AS 42.45.060, which establishes a                               
loan committee to review and approve loans from the power project                                   
fund and the rural electrification revolving loan fund. Upon repeal of                              
the loan committee statute, the credit department of the Alaska                                     
Industrial Development and Export Authority, which manages the                                      
AEA's loan programs, will continue to review applications for loans                                 
from those funds in accordance with the applicable regulations.                                     
Section 2 of the bill would continue the requirement in present AS                                  
42.45.060(g) for legislative  approval of loans for projects in which the                           
cumulative state monetary involvement, through loans, grants, and                                   
bonds, is at least $5,000,000 and loans of more than $5,000,000.                                    
Sections 1, 3, 4, and 6 contain conforming amendments to reflect the                                
repeal of AS 42.45.060.                                                                             
                                                                                                    
                                                                                                    

2004-02-16                     Senate Journal                      Page 2180
Sections 5 and 7 of the bill would amend AS 42.45.250, which                                        
governs loans from the bulk fuel revolving loan fund, to authorize                                  
loans from the fund to "persons," defined with reference to                                         
AS 01.10.060 to include corporations, cooperatives, joint ventures,                                 
and governmental entities, that generate power or supply the public                                 
with fuel used in communities with populations of less than 2,000                                   
people, as well as loans to the communities themselves. Presently, the                              
statute authorizes loans to "private individuals" and to the                                        
communities. The Department of Law recently interpreted the term                                    
"private individuals" to include only natural persons. Section 12 of the                            
bill makes the amendments retroactive to June 1, 1984, to encompass                                 
active loans from the fund to such entities.                                                        
                                                                                                    
Section 8 of the bill would amend AS 42.45.400, which requires the                                  
AEA to provide technical assistance to rural utilities, to specify that                             
this statutory mandate may not be used as an independent basis for tort                             
liability against the AEA. The AEA would continue to be liable for                                  
negligence if it fails to use reasonable care in providing the technical                            
assistance.                                                                                         
                                                                                                    
Section 10 of the bill would amend AS 44.83.386, relating to                                        
investment of the power development fund, to provide that the AEA,                                  
rather than the Department of Revenue, shall invest the fund. The                                   
AEA, with the concurrence of the Department of Revenue, has been                                    
investing the fund since 1993. AEA would continue to remit all fund                                 
earnings to the general fund.                                                                       
                                                                                                    
Section 11 of the bill, in addition to repealing AS 42.45.060 as                                    
discussed above, repeals AS 42.45.200 (the electrical service                                       
extension fund, which is inactive), and repeals AS 42.45.250(l)(1) to                               
remove an unnecessary definition of a term that is not used in the                                  
statute.                                                                                            
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor