Legislature(2009 - 2010)

2010-02-26 House Journal

Full Journal pdf

2010-02-26                     House Journal                      Page 1603
HB 411                                                                                                                        
HOUSE BILL NO. 411 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                

2010-02-26                     House Journal                      Page 1604
     "An Act relating to the power project fund; authorizing the Alaska                                                         
     Energy Authority to charge and collect fees relating to the power                                                          
     project fund; authorizing the Alaska Energy Authority to sell and                                                          
     authorizing the Alaska Industrial Development and Export                                                                   
     Authority to purchase loans of the power project fund; providing                                                           
     legislative approval for the sale and purchase of loans of the                                                             
     power project fund under the memorandum of understanding                                                                   
      dated February 17, 2010; and providing for an effective date."                                                           
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Energy and the Resources and Finance Committees.                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
2.  Zero, Dept. of Revenue                                                                                                      
3.  Zero, Dept. of Transportation & Public Facilities                                                                           
4. Indeterminate, Dept. of Commerce, Community, & Economic                                                                      
Development                                                                                                                     
                                                                                                                                
The Governor's transmittal letter dated February 25, 2010, follows:                                                             
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Art. III, Sec. 18, of the Alaska Constitution, I                                                         
am transmitting a bill relating to the power project fund; authorizing                                                          
the Alaska Energy Authority (AEA) to charge and collect fees relating                                                           
to the power project fund; authorizing AEA to sell and authorizing the                                                          
Alaska Industrial Development and Export Authority (AIDEA) to                                                                   
purchase loans of the power project fund; and providing legislative                                                             
approval for the sale and purchase of loans of the power project fund                                                           
under the memorandum of understanding dated February 17, 2010.                                                                  
                                                                                                                                
This bill deals with the power project fund (AS 42.45.010) and would                                                            
accomplish two things. First, the bill would authorize the sale of                                                              
power project fund loans from AEA to AIDEA as an investment of                                                                  
AIDEA's revolving fund. The sale of loans will recapitalize the power                                                           
project fund and be accomplished under a memorandum of                                                                          
understanding. Second, the bill would authorize AEA to charge fees                                                              
related to administration of the power project fund.                                                                            
                                                                                                                                

2010-02-26                     House Journal                      Page 1605
AEA can make loans out of the power project fund to help finance                                                                
energy generation and transmission projects, or to fund the bulk fuel                                                           
revolving loan fund under AS 42.45.250(l). Borrowers currently use                                                              
loans from the power project fund as a financing tool to help finance                                                           
match requirements of renewable energy projects funded by the                                                                   
renewable energy grant fund (AS 42.45.045). The power project fund                                                              
currently holds less than $4.2 million, an amount inadequate to fund                                                            
all reasonable loan needs arising out of the renewable energy grant                                                             
fund and recommendation program and other purposes of the power                                                                 
project fund. The proposed sale of existing loans in the power project                                                          
fund will recapitalize the fund with an additional sum, estimated to be                                                         
approximately $21 million.                                                                                                      
                                                                                                                                
To maximize the price paid to AEA for the sale of loans of the power                                                            
project fund, the bill and memorandum of understanding include                                                                  
provisions for AEA to repurchase from AIDEA loans which later                                                                   
default. This repurchase provision substantially reduces financial risk                                                         
to AIDEA from default, and enables AIDEA to purchase the loans                                                                  
without significant discount for such risk. The result is that AEA will                                                         
obtain more from the sale to capitalize the power project fund.                                                                 
                                                                                                                                
Several sections of the bill authorize the sale of power project fund                                                           
loans from AEA to AIDEA. Section 1 of the bill would amend AS                                                                   
42.45.010(a) and allow proceeds from the sale of power project loans                                                            
to be deposited into the power project fund. Section 3 of the bill would                                                        
add a new subsection (l) to AS 42.45.010, and authorize AEA to sell                                                             
power project fund loans with legislative approval, allow AEA to                                                                
repurchase defaulted loans, and direct that sale proceeds be deposited                                                          
into the power project fund. Section 4 of the bill would add a new                                                              
paragraph (30) to AS 44.88.080 and authorize AIDEA to purchase                                                                  
loans of the power project fund with legislative approval. And, sec. 5                                                          
of the bill would provide necessary legislative approval for AEA to                                                             
sell and AIDEA to purchase the loans under the memorandum of                                                                    
understanding dated February 17, 2010. A copy of this memorandum                                                                
of understanding is available on both AEA and AIDEA internet                                                                    
websites.                                                                                                                       
                                                                                                                                
The bill would also authorize AEA to charge and collect fees in                                                                 
administering the power project fund, similar to authority that AEA                                                             
has under AS 42.45.250(j) and (k) for the bulk fuel revolving loan                                                              

2010-02-26                     House Journal                      Page 1606
fund. Section 2 of the bill would amend AS 42.45.010(d) which                                                                   
currently provides statutory authority for AEA to adopt regulations                                                             
regarding the power project fund, and specifically authorize AEA to                                                             
establish reasonable fees for applications and loan origination, and                                                            
charges for reimbursement of the costs of analyzing the feasibility of a                                                        
project. Section 3 of the bill would add subsection (k) to AS                                                                   
42.45.010, and authorize AEA to collect the power project fund fees                                                             
and charges established in the regulations, and direct deposit of those                                                         
fees and charges into the general fund. Currently, AEA only requires                                                            
an applicant to pay the costs of analyzing the feasibility of a project.                                                        
                                                                                                                                
Finally, Sec. 6 of the bill would make the bill immediately effective, if                                                       
it is enacted into law.                                                                                                         
                                                                                                                                
I urge your prompt and favorable action on this bill.                                                                           
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"