Legislature(2023 - 2024)

2024-05-13 House Journal

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2024-05-13                     House Journal                      Page 3079
HB 307                                                                                                                        
The following, which was held in second reading from the May 12                                                                 
calendar (page 3070), was before the House:                                                                                     
                                                                                                                                
     HOUSE BILL NO. 307                                                                                                         
     "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."                                                                            
                                                                                                                                
Representative Saddler moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 307(FIN)                                                                                             
     "An Act relating to the Regulatory Commission of Alaska;                                                                   
     relating to regulation of public utilities and pipeline carriers;                                                          
     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                                                           

2024-05-13                     House Journal                      Page 3080
     Authority; relating to the Railbelt Transmission Organization; and                                                         
     providing for an effective date."                                                                                          
                                                                                                                                
Representative Carpenter objected.                                                                                              
                                                                                                                                
The question being:  "Shall CSHB 307(FIN) be adopted?"  The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
HB 307                                                                                                                          
Second Reading                                                                                                                  
Adopt Finance CS                                                                                                                
                                                                                                                                
YEAS:  32   NAYS:  4   EXCUSED:  1   ABSENT:  3                                                                               
                                                                                                                                
Yeas:  Armstrong, Baker, Carrick, Coulombe, Cronk, Dibert, Fields,                                                              
Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson,                                                                       
Josephson, McCabe, McCormick, McKay, Mears, Mina, Prax,                                                                         
Rauscher, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner,                                                                 
Tilton, Tomaszewski, Wright                                                                                                     
                                                                                                                                
Nays:  Carpenter, Eastman, Ruffridge, Vance                                                                                     
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
Absent:  Edgmon, D.Johnson, Ortiz                                                                                               
                                                                                                                                
And so, CSHB 307(FIN) was adopted.                                                                                              
                                                                                                                                
Amendment No. 1 was offered  by Representative Rauscher:                                                                         
                                                                                                                                
Page 3, line 21:                                                                                                                
     Delete "reflect a"                                                                                                     
     Insert "disclose a state or local"                                                                                     
     Delete "or government subsidy"                                                                                         
                                                                                                                                
Page 3, line 28:                                                                                                                
     Delete "person"                                                                                                        
     Insert "legal entity"                                                                                                  
                                                                                                                                
Page 4, following line 9:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 8. AS 42.05.711(b) is amended to read:                                                                                
         (b)  Except as otherwise provided in this subsection, [AND                                                         

2024-05-13                     House Journal                      Page 3081
     IN] (o) of this section, and AS 44.83.700(d), public utilities                                                         
     owned and operated by a political subdivision of the state, or                                                             
     electric operating entities established as the instrumentality of two                                                      
     or more public utilities owned and operated by political                                                                   
     subdivisions of the state, are exempt from this chapter, other than                                                        
     AS 42.05.221 - 42.05.281 and 42.05.385. However,                                                                           
              (1)  the governing body of a political subdivision may                                                            
     elect to be subject to this chapter; and                                                                                   
              (2)  a utility or electric operating entity that is owned and                                                     
     operated by a political subdivision and that directly competes with                                                        
     another utility or electric operating entity is subject to this chapter                                                    
     and any other utility or electric operating entity owned and                                                               
     operated by the political subdivision is also subject to this chapter;                                                     
     this paragraph does not apply to a utility or electric operating                                                           
     entity owned and operated by a political subdivision that competes                                                         
     with a telecommunications utility."                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 10, lines 23 - 31:                                                                                                         
     Delete all material and insert:                                                                                            
         "Sec. 44.83.700. Railbelt Transmission Organization. (a)                                                             
     The Railbelt Transmission Organization is created for the purpose                                                          
     of establishing an open access transmission tariff that                                                                    
              (1)  provides for recovery of transmission costs and                                                              
     related ancillary services; and                                                                                            
              (2)  replaces wholesale charges assessed by unit by each                                                          
     utility in the Railbelt with a new mechanism that fairly recovers                                                          
     and equitably allocates the costs of operating the backbone                                                                
     transmission system"                                                                                                       
                                                                                                                                
Page 11, line 1:                                                                                                                
     Delete "in"                                                                                                                
     Insert "a division of"                                                                                                     
                                                                                                                                
Page 11, lines 3 - 5:                                                                                                           
     Delete all material and insert:                                                                                            
     "(c)  To assist in administering the open access transmission tariff,                                                      
the governance structure for the transmission organization must be                                                              
made up of representatives from the authority, each of the Railbelt                                                             

2024-05-13                     House Journal                      Page 3082
utilities, and, as an ex officio nonvoting representative, the chief                                                            
executive officer of the applicable electric reliability organization."                                                         
                                                                                                                                
Page 11, line 6, following "Notwithstanding":                                                                                   
     Insert "AS 42.05.711(b) and"                                                                                               
                                                                                                                                
Page 12, lines 8 - 10:                                                                                                          
     Delete "transfer of large-scale electrical power between or across                                                         
separate geographical areas; "backbone transmission system" does not                                                            
include assets that would be considered distribution facilities or radial                                                       
facilities"                                                                                                                     
     Insert "transmission of electrical power"                                                                                  
                                                                                                                                
Page 12, line 16, following "Railbelt":                                                                                         
     Insert "that operates backbone transmission system assets"                                                                 
                                                                                                                                
Page 12, line 22:                                                                                                               
     Delete "sec. 14"                                                                                                           
     Insert "sec. 15"                                                                                                           
                                                                                                                                
Page 12, line 28:                                                                                                               
     Delete "sec. 19"                                                                                                           
     Insert "sec. 20"                                                                                                           
                                                                                                                                
Page 12, line 29:                                                                                                               
     Delete "sec. 19"                                                                                                           
     Insert "sec. 20"                                                                                                           
                                                                                                                                
Page 12, line 30, following "2025":                                                                                             
     Insert ", modeled after the governance structure of the Bradley                                                            
Lake Hydroelectric Project, as outlined in the Bradley Lake Power                                                               
Sales Agreement, including the creation, duties, and methods of the                                                             
Bradley Lake Project Management Committee, with any adjustments                                                                 
the parties to the agreement determine are necessary. On or before                                                              
January 1, 2025, the Railbelt Transmission Organization shall file with                                                         
the Regulatory Commission of Alaska a certificate under                                                                         
AS 42.05.221 to achieve the purposes of AS 44.83.700 - 44.83.720,                                                               
added by sec. 20 of this Act"                                                                                                   
                                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3083
Page 12, line 31:                                                                                                               
     Delete "Section 4 of this Act takes"                                                                                       
     Insert "Sections 4 and 5 of this Act take"                                                                                 
                                                                                                                                
Page 13, line 1:                                                                                                                
     Delete "sec. 22"                                                                                                           
     Insert "sec. 23"                                                                                                           
                                                                                                                                
Representative Rauscher moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  32   NAYS:  5   EXCUSED:  1   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Armstrong, Baker, Carrick, Coulombe, Cronk, Dibert, Fields,                                                              
Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, McCabe,                                                               
McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Wright                                                                                                                          
                                                                                                                                
Nays:  Carpenter, Eastman, Josephson, Ruffridge, Vance                                                                          
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
Absent:  Edgmon, D.Johnson                                                                                                      
                                                                                                                                
And so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
Amendment No. 2 was offered  by Representative Mears:                                                                            
                                                                                                                                
Page 5, lines 19 - 20:                                                                                                          
     Delete "while considering"                                                                                             
     Insert "as well as"                                                                                                    
                                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3084
Representative Mears moved and asked unanimous consent that                                                                     
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Amendment No. 1 to Amendment No. 2 was offered  by                                                                               
Representative Mears:                                                                                                           
                                                                                                                                
Page 1, lines 1 - 3 of the amendment:                                                                                           
     Delete all material and insert:                                                                                            
"Page 5, line 18:                                                                                                               
     Delete "and stability"                                                                                                 
     Insert ", stability, and cost to consumers""                                                                           
                                                                                                                                
Representative Mears moved and asked unanimous consent that                                                                     
Amendment No. 1 to Amendment No. 2 be adopted.                                                                                  
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 to Amendment No. 2 was adopted.                                                                                 
                                                                                                                                
Objection to Amendment No. 2 as amended was withdrawn.  There                                                                   
being no further objection, Amendment No. 2 as amended was                                                                      
adopted.                                                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Groh:                                                                             
                                                                                                                                
Page 1, line 1, following "Act" (title amendment):                                                                            
     Insert "relating to feasibility licenses for and leases of state                                                         
land for renewable energy projects;"                                                                                          
                                                                                                                                
Page 1, following line 7:                                                                                                       
     Insert new bill sections to read:                                                                                          
   "* Section 1. AS 38.05.035(a) is amended to read:                                                                        
         (a)  The director shall                                                                                                
              (1)  have general charge and supervision of the division                                                          
     and may exercise the powers specifically delegated to the director;                                                        
     the director may employ and fix the compensation of assistants                                                             
     and employees necessary for the operations of the division; the                                                            
     director is the certifying officer of the division, with the consent of                                                    
     the commissioner, and may approve vouchers for disbursements                                                               

2024-05-13                     House Journal                      Page 3085
     of money appropriated to the division;                                                                                     
              (2)  manage, inspect, and control state land and                                                                  
     improvements on it belonging to the state and under the                                                                    
     jurisdiction of the division;                                                                                              
              (3)  execute laws, rules, regulations, and orders adopted                                                         
     by the commissioner;                                                                                                       
              (4)  prescribe application procedures and practices for the                                                       
     sale, lease, or other disposition of available land, resources,                                                            
     property, or interest in them;                                                                                             
              (5)  prescribe fees or service charges, with the consent of                                                       
     the commissioner, for any public service rendered;                                                                         
              (6)  under the conditions and limitations imposed by law                                                          
     and the commissioner, issue deeds, leases, or other conveyances                                                            
     disposing of available land, resources, property, or any interests in                                                      
     them;                                                                                                                      
              (7)  have jurisdiction over state land, except that land                                                          
     acquired by the Alaska World War II Veterans Board and the                                                                 
     Agricultural Loan Board or the departments or agencies                                                                     
     succeeding to their respective functions through foreclosure or                                                            
     default; to this end, the director possesses the powers and, with the                                                      
     approval of the commissioner, shall perform the duties necessary                                                           
     to protect the state's rights and interest in state land, including the                                                    
     taking of all necessary action to protect and enforce the state's                                                          
     contractual or other property rights;                                                                                      
              (8)  maintain the records the commissioner considers                                                              
     necessary, administer oaths, and do all things incidental to the                                                           
     authority imposed; the following records and files shall be kept                                                           
     confidential upon request of the person supplying the information:                                                         
                  (A)  the name of the person nominating or applying                                                            
         for the sale, lease, or other disposal of land by competitive                                                          
         bidding;                                                                                                               
                  (B)  before the announced time of opening, the names                                                          
         of the bidders and the amounts of the bids;                                                                            
                  (C)  all geological, geophysical, hydrological,                                                           
         meteorological, and engineering data supplied, whether or                                                          
         not concerned with the extraction or development of natural                                                            
         resources;                                                                                                             
                  (D)  except as provided in AS 38.05.036, cost data                                                            
         and financial information submitted in support of                                                                      
         applications, bonds, leases, and similar items;                                                                        

2024-05-13                     House Journal                      Page 3086
                  (E)  applications for rights-of-way or easements;                                                             
                  (F)  requests for information or applications by public                                                       
         agencies for land that is being considered for use for a public                                                        
         purpose;                                                                                                               
                  (G)  the name of the person submitting a proposal,                                                        
         and information in the proposal submitted under                                                                    
         AS 38.05.093;                                                                                                      
              (9)  account for the fees, licenses, taxes, or other money                                                        
     received in the administration of this chapter, including the sale or                                                  
     leasing of land, identify their source, and promptly transmit them                                                         
     to the proper fiscal department after crediting them to the proper                                                         
     fund; receipts from land application filing fees and charges for                                                           
     copies of maps and records shall be deposited immediately in the                                                           
     general fund of the state by the director;                                                                                 
              (10)  select and employ or obtain at reasonable                                                                   
     compensation cadastral, appraisal, or other professional personnel                                                         
     the director considers necessary for the proper operation of the                                                           
     division;                                                                                                                  
              (11)  be the certifying agent of the state to select, accept,                                                     
     and secure by whatever action is necessary in the name of the                                                              
     state, by deed, sale, gift, devise, judgment, operation of law, or                                                         
     other means, any land, of whatever nature or interest, available to                                                    
     the state; and be the certifying agent of the state [,] to select,                                                         
     accept, or secure by whatever action is necessary in the name of                                                           
     the state any land, or title or interest to land, available, granted, or                                               
     subject to being transferred to the state for any purpose;                                                                 
              (12)  on request, furnish records, files, and other                                                               
     information related to the administration of AS 38.05.180 to the                                                           
     Department of Revenue for use in forecasting state revenue under                                                           
     or administering AS 43.55, whether or not those records, files, and                                                        
     other information are required to be kept confidential under (8) of                                                        
     this subsection; in the case of records, files, or other information                                                       
     required to be kept confidential under (8) of this subsection, the                                                         
     Department of Revenue shall maintain the confidentiality that the                                                          
     Department of Natural Resources is required to extend to records,                                                          
     files, and other information under (8) of this subsection;                                                                 
              (13)  when reasonably possible, give priority to and                                                              
     expedite the processing of an application for a lease or assignment                                                        
     of a lease of state land for development and operation of a gas                                                            
     storage facility, for a right-of-way to a gas storage facility, for a                                                      

2024-05-13                     House Journal                      Page 3087
     change to the allocation of production within a unit, and for a                                                            
     permit necessary for the operation of a gas storage facility; in this                                                      
     paragraph, "gas storage facility" has the meaning given in                                                                 
     AS 31.05.032;                                                                                                              
              (14)  prepare and submit to the senate secretary and chief                                                        
     clerk of the house of representatives, on or before the first day of                                                   
     each regular session of the legislature, an annual report in                                                           
     electronic form concerning site lease applications submitted under                                                         
     AS 38.05.083; in preparing and submitting the report, the director                                                         
     shall                                                                                                                      
                  (A)  include in the report                                                                                    
                       (i)  a list of all applications pending with the                                                         
              department, including applications for a new lease and                                                            
              applications for renewal, amendment, and assignment of a                                                          
              lease, and the length of time each application has been                                                           
              pending with the department;                                                                                      
                       (ii)  for an application that has not been granted,                                                      
              the reason the application has not been granted; and                                                              
                       (iii)  the number of leases that the director                                                            
              elected not to renew under AS 38.05.070;                                                                          
                  (B)  notify the legislature that the report is available.                                                     
   * Sec. 2. AS 38.05.070(e) is amended to read:                                                                              
         (e)  The director may renew a lease issued under this section,                                                         
     AS 38.05.075, 38.05.083, 38.05.094, or 38.05.810 upon its                                                              
     expiration if the lease is in good standing and the lease renewal is                                                       
     determined to be in the best interests of the state. A renewal issued                                                      
     under this subsection is not subject to AS 38.05.035(e). A lease                                                           
     under this section, AS 38.05.075, 38.05.083, or 38.05.810 may be                                                           
     renewed only once for a term not longer than the initial term of the                                                       
     lease. The director shall provide notice of the lease renewal                                                              
     decision.                                                                                                                  
   * Sec. 3. AS 38.05.075(a) is amended to read:                                                                              
         (a)  Except as provided in AS 38.05.035, 38.05.070,                                                                    
     38.05.073, 38.05.081, 38.05.082, 38.05.083, 38.05.087,                                                                     
     38.05.094, 38.05.102, 38.05.565, 38.05.600, 38.05.810, and this                                                        
     section, when competitive interest has been demonstrated or the                                                            
     commissioner determines that it is in the state's best interests,                                                          
     leasing shall be made at public auction or by sealed bid, at the                                                           
     discretion of the director, to the highest qualified bidder as                                                             
     determined by the commissioner. A bidder may be represented by                                                             

2024-05-13                     House Journal                      Page 3088
     an attorney or agent at a public auction. In the public notice of a                                                        
     lease to be offered at public auction or by sealed bid, the                                                                
     commissioner shall specify a minimum acceptable bid and the                                                                
     lease compensation method. The lease compensation method shall                                                             
     be designed to maximize the return on the lease to the state and                                                           
     shall be a form of compensation set out in AS 38.05.073(m). An                                                             
     aggrieved bidder may appeal to the commissioner within five days                                                           
     for a review of the determination. The leasing shall be conducted                                                          
     by the commissioner, and the successful bidder shall deposit at the                                                        
     public auction or with the sealed bid the first year's rental or other                                                     
     lease compensation as specified by the commissioner, or that                                                               
     portion of it that the commissioner requires in accordance with the                                                        
     bid. The commissioner shall require, under AS 38.05.860,                                                                   
     qualified bidders to deposit a sum equal to any survey or appraisal                                                        
     costs reasonably incurred by another qualified bidder acting in                                                            
     accordance with the regulations of the commissioner or incurred                                                            
     by the department under AS 38.04.045 and AS 38.05.840. If a                                                                
     bidder making a deposit of survey or appraisal costs is determined                                                         
     by the commissioner to be the highest qualified bidder under this                                                          
     subsection, the deposit shall be paid to the unsuccessful bidder                                                           
     who incurred those costs or to the department if the department                                                            
     incurred the costs. All costs for survey and appraisal shall be                                                            
     approved in advance in writing by the commissioner. The                                                                    
     commissioner shall immediately issue a receipt containing a                                                                
     description of the land or interest leased, the price bid, and the                                                         
     terms of the lease to the successful qualified bidder. If the receipt                                                      
     is not accepted in writing by the bidder under this subsection, the                                                        
     commissioner may offer the land for lease again under this                                                                 
     subsection. A lease, on a form approved by the attorney general,                                                           
     shall be signed by the successful bidder and by the commissioner.                                                          
   * Sec. 4. AS 38.05 is amended by adding new sections to read:                                                              
         Sec. 38.05.091. Applicability; determination; regulations.                                                           
     (a) Unless specifically provided otherwise in AS 38.05.091 -                                                               
     38.05.094, the provisions of AS 38.05.005 - 38.05.037 and                                                                  
     38.05.920 - 38.05.990 apply to the issuance of feasibility licenses                                                        
      for renewable energy projects under AS 38.05.091 - 38.05.094.                                                            
         (b)  The commissioner shall make preliminary written                                                                   
     determinations of the state land that may be subject to the                                                                
     provisions of AS 38.05.092. The determinations shall be given                                                              
     public notice using the methods described in AS 38.05.945(b).                                                              

2024-05-13                     House Journal                      Page 3089
     After completion of the comment period and evaluation of the                                                               
     comments received, the commissioner shall issue a written                                                                  
     determination of the state land that is subject to the provisions of                                                       
     AS 38.05.092.                                                                                                              
         (c)  The commissioner may adopt regulations necessary to                                                               
     implement AS 38.05.091 - 38.05.094.                                                                                        
         (d)  The commissioner may not issue feasibility licenses to a                                                          
     licensee so that, at any one time, the licensee holds feasibility                                                          
     licenses on more than 2,000,000 acres.                                                                                     
         Sec. 38.05.092. Feasibility licenses for renewable energy                                                            
     projects. (a) To encourage energy production on state land, the                                                          
     commissioner may issue feasibility licenses.                                                                               
         (b)  A feasibility license issued under this section gives the                                                         
     licensee                                                                                                                   
              (1)  the exclusive right to explore, for a term not to                                                            
     exceed 10 years, the surface estate on state land described in the                                                         
     feasibility license to evaluate the land's potential for a renewable                                                       
     energy project, unless the feasibility license is terminated under                                                         
     (d)(1) of this section or the land is earlier relinquished, removed,                                                       
     or deleted under (d)(2) of this section; and                                                                               
              (2)  unless the feasibility license is terminated under                                                           
     (d)(1) of this section, the option to convert the feasibility license                                                      
     for all or part of the state land, except the land that is deleted or                                                      
     removed from the land described in the feasibility license under                                                           
     (d)(2) of this section, into a lease of state land for a renewable                                                         
     energy project, upon fulfillment of the work commitments                                                                   
     contained in the feasibility license.                                                                                      
         (c)  A feasibility license issued under this section                                                                   
              (1)  may cover, subject to the maximum acreage                                                                    
     limitation on feasibility licenses by one licensee under                                                                   
     AS 38.05.091(d), an area of not more than 500,000 acres that must                                                          
     be reasonably compact and contiguous;                                                                                      
              (2)  must be conditioned on an obligation to perform a                                                            
     specified work commitment, in total for the term of the license,                                                           
     expressed in dollars of direct expenditures; the specified work                                                            
     commitment                                                                                                                 
                  (A)  may include a provision that adjusts the total                                                           
         amount of work commitment, expressed in dollars of direct                                                              
         expenditures, to account for inflation;                                                                                
                  (B)  must include a requirement that the licensee                                                             

2024-05-13                     House Journal                      Page 3090
         complete at least 25 percent of the licensee's total specified                                                         
         work commitment by the fourth anniversary of the effective                                                             
         date of the issuance of the feasibility license;                                                                       
              (3)  must be conditioned on the posting of a bond or other                                                        
     security acceptable to the commissioner, in favor of the state and                                                         
     subject to the following requirements:                                                                                     
                  (A)  the bond or other security must be renewed                                                               
         annually;                                                                                                              
                  (B)  the annual bond or other security shall be                                                               
         calculated as the estimated work commitment for the                                                                    
         upcoming year, expressed in dollars, commencing the year the                                                           
         feasibility license is issued and recalculated each year for the                                                       
         duration of the feasibility license;                                                                                   
                  (C)  the bond or other security must provide                                                                  
         sufficient financial assurances to cover costs for the                                                                 
         demolition and removal of project infrastructure and                                                                   
         restoration of land affected by the feasibility licensee,                                                              
         including, as applicable, the possible costs of remediating oil                                                        
         or other minerals, fiberglass, microplastics, or other                                                                 
         contamination;                                                                                                         
              (4)  is subject to an annual review and revocation if the                                                         
     commissioner determines that the licensee has failed to provide or                                                         
     maintain in effect the bond or other security required by (3) of this                                                      
     subsection; and                                                                                                            
              (5)  must be conditioned on an agreement that direct                                                              
     expenditures are subject to audit by the commissioner.                                                                     
         (d)  If, on the fourth anniversary of the effective date of the                                                        
     issuance of the feasibility license issued under this section,                                                             
              (1)  the licensee has not completed at least 25 percent of                                                        
     the licensee's total specified work commitment, as measured by                                                             
     the licensee's direct expenditures, the feasibility license                                                                
     terminates;                                                                                                                
              (2)  the licensee has completed at least 25 percent but has                                                       
     not completed at least 50 percent of the licensee's total specified                                                        
     work commitment, as measured by the licensee's direct                                                                      
     expenditures, the commissioner shall remove or delete, or shall                                                            
     require the licensee to relinquish, a portion of the area within the                                                       
     feasibility license; relinquishment, removal, or deletion of an area                                                       
     from the state land described in the feasibility license terminates                                                        
     the licensee's rights under AS 38.05.091 - 38.05.094 in the area                                                           

2024-05-13                     House Journal                      Page 3091
     that is relinquished, removed, or deleted; a relinquishment,                                                               
     removal, or deletion of a portion of the area described in the                                                             
     feasibility license must be in areas that are reasonably compact                                                           
     and contiguous; the areas relinquished from the state land                                                                 
     described in the feasibility license must be areas identified by the                                                       
     licensee but, if the licensee fails to identify sufficient area, the                                                       
     commissioner may identify any additional acreage required to be                                                            
     removed or deleted from the area under license to meet the                                                                 
     requirements of this subsection; within the area described in the                                                          
     feasibility license issued under (a) - (c) of this section,                                                                
                  (A)  25 percent must be relinquished, removed, or                                                             
         deleted not later than the fourth anniversary of the effective                                                         
         date of the issuance of the feasibility license;                                                                       
                  (B)  an additional 10 percent of the acreage                                                                  
         remaining after relinquishment, removal, or deletion of                                                                
         acreage required by (A) of this paragraph and by previous                                                              
         relinquishments, removals, or deletions under this paragraph                                                           
         must be removed or deleted on each of the succeeding                                                                   
         anniversaries of the effective date of the issuance of the                                                             
         feasibility license;                                                                                                   
                  (C)  the cumulative total of the acreage relinquished,                                                        
         removed, or deleted under (A) and (B) of this paragraph may                                                            
         not be required to exceed 50 percent of the area described in                                                          
         the original feasibility license area.                                                                                 
         (e)  If, immediately before the beginning of the period for                                                            
     annual renewal of the bond or other security under (c)(3)(A) of                                                            
     this section, the licensee fails to provide or maintain in effect the                                                      
     bond or other security required by (c) of this section for the period                                                      
     covered by the annual renewal and the commissioner revokes the                                                             
     feasibility license, the bond or other security then in effect for the                                                     
     licensee's obligations under the feasibility license is forfeited to                                                       
     the state.                                                                                                                 
         (f)  Land and water included within an area subject to a                                                               
     feasibility license under this section must, to the extent                                                                 
     practicable, remain open to                                                                                                
              (1)  the public for access, hunting, fishing, and other                                                           
       generally allowed uses as determined by the department; and                                                             
              (2)  other resource development, including mining.                                                                
         (g)  Notwithstanding AS 38.05.300, state land subject to a                                                             
     feasibility license must remain open to mineral exploration and                                                            

2024-05-13                     House Journal                      Page 3092
     development, so long as the mineral exploration and development                                                            
     does not interfere with the licensee's feasibility evaluation.                                                             
     Issuance of a license under AS 38.05.091 - 38.05.094 does not                                                              
     constitute an exception to the requirements of AS 38.05.300(a).                                                           
         (h)  In this section,                                                                                                  
              (1)  "direct expenditure"                                                                                         
                  (A)  means cash expenses undertaken in the                                                                    
         performance of a specified work commitment under the                                                                   
         provisions of AS 38.05.091 - 38.05.094 and necessarily                                                                 
         incurred by the licensee in the permitting, mobilization,                                                              
         conducting, demobilization, and evaluation of geological,                                                              
         hydrological, meteorological, or other surveys, in determining                                                         
         the feasibility of a renewable energy project;                                                                         
                  (B)  does not include noncash expenses, including                                                             
         depreciation and reserves, interest or other costs of borrowed                                                         
         funds, return on investment, overhead, insurance or bond                                                               
         premiums, or any other expense that is unreasonable or that                                                            
         the licensee has not incurred to satisfy the licensee's work                                                           
         commitment;                                                                                                            
              (2)  "work commitment" includes the gathering of data                                                             
     from activities described in (1) of this subsection.                                                                       
         Sec. 38.05.093. License procedures. (a) The procedures in                                                            
     this section apply to the issuance of a feasibility license under                                                          
     AS 38.05.092.                                                                                                              
         (b)  The licensing process is initiated by a prospective                                                               
     licensee submitting a proposal to the commissioner that identifies                                                         
     a specific area to be subject to the feasibility license, proposes                                                         
     specific minimum work commitments, and states the minimum                                                                  
     qualifications for a licensee as established by regulations adopted                                                        
     by the commissioner. The proposal must include                                                                             
              (1)  the specific location, description, and amount of land                                                       
    the prospective licensee wants included in a feasibility license;                                                          
              (2)  a detailed summary of the proposed purpose the land                                                          
     will be used for;                                                                                                          
              (3)  all outputs, products, and byproducts likely to be                                                           
     generated or otherwise result from the proposed renewable energy                                                           
     project, whether beneficial or not; and                                                                                    
              (4)  additional information and requirements established                                                          
     by the department in regulation, including any application fees.                                                          
         (c)  Within 180 days after receiving a proposal from a                                                                 

2024-05-13                     House Journal                      Page 3093
     prospective licensee under (b) of this section, the commissioner                                                           
     shall either reject the proposal in a written decision or give public                                                      
     notice of the intent to evaluate the acceptability of the proposal.                                                        
     The commissioner shall solicit comments on a proposal for which                                                            
     public notice is given under this subsection and shall request                                                             
     competing proposals.                                                                                                       
         (d)  The commissioner may make a written request to a                                                                  
     prospective licensee for additional information on the prospective                                                         
     licensee's proposal. The commissioner shall keep confidential                                                              
     information described in AS 38.05.035(a)(8) that is voluntarily                                                            
     provided if the prospective licensee has made a written request                                                            
     that the information remain confidential.                                                                                  
         (e)  After considering proposals not rejected under (c) of this                                                        
     section and public comment on those proposals, the commissioner                                                            
     shall issue a written finding addressing the qualifications of a                                                           
     prospective licensee, including whether the prospective licensee                                                           
     has previous experience with renewable energy projects, how the                                                            
     proposed project would accommodate concurrent use of the land,                                                             
     consistency with existing state area or management plans, and all                                                          
     matters set out in AS 38.05.035(e). If the finding concludes that                                                          
     the state's best interests would be served by issuing a feasibility                                                        
     license, the finding must describe the limitations, stipulations,                                                          
     conditions, or changes from the initiating proposal or competing                                                           
     proposals that are required to make the issuance of the feasibility                                                        
     license conform to the best interests of the state and, if only one                                                        
     proposal was submitted, identify the prospective licensee who the                                                          
     commissioner finds should be issued the feasibility license. The                                                           
     commissioner shall attach to the finding a copy of the feasibility                                                         
     license to be issued and the form of lease that will be used for any                                                       
     portion of the feasibility license area subsequently converted to a                                                        
     lease under AS 38.05.094. The commissioner may not issue a                                                                 
     feasibility license under this section unless the written findings                                                         
     under AS 38.05.035(e) include                                                                                              
              (1)  reasonably foreseeable effects that a renewable                                                              
     energy project may have on the state or local economy, including                                                           
     potential effects on mining, timber, and other resource                                                                    
     development sectors;                                                                                                       
              (2)  anticipated annual revenue that the renewable energy                                                         
     project may yield to the state;                                                                                            
              (3)  an assessment and consideration of the known                                                                 

2024-05-13                     House Journal                      Page 3094
     mineral potential, including current claim status, within the                                                              
     feasibility license area;                                                                                                  
              (4)  the renewable energy project's value, accounting for                                                         
     all outputs, products, and byproducts likely to be generated or                                                            
     otherwise result from the project, to the state and potential revenue                                                      
     to the state; and                                                                                                          
              (5)  a summary of public comments received in response                                                            
     to the solicitation under (c) of this section and the department's                                                         
     response to those comments.                                                                                                
         (f)  If only one prospective licensee submits a proposal and                                                           
     the commissioner's finding under (e) of this section concludes that                                                        
     a feasibility license should be issued to that prospective licensee,                                                       
     the prospective licensee has 120 days after issuance of the finding                                                        
     within which to accept or reject the issuance of the feasibility                                                           
     license, as limited or conditioned by the terms contained in the                                                           
     finding. The feasibility license to be issued and the form of lease                                                        
     that will be used must be attached to that finding. The prospective                                                        
     licensee must accept or reject the issuance of the feasibility license                                                     
     in writing.                                                                                                                
         (g)  If competing proposals are submitted and the                                                                      
     commissioner's finding under (e) of this section concludes that a                                                          
     feasibility license should be issued, the commissioner shall issue a                                                       
     request for competitive sealed bids, under procedures adopted by                                                           
     the commissioner by regulation, to determine which prospective                                                             
     licensee should be issued the feasibility license. The finding                                                             
     provided to the prospective licensees and to the public under (e) of                                                       
     this section must contain notice that (1) the commissioner intends                                                         
     to request competitive sealed bids; (2) a prospective licensee who                                                         
     intends to participate in the bidding must notify the commissioner                                                         
     in writing by the date specified in the notice; and (3) a prospective                                                      
     licensee's notice of intent to participate in the bidding constitutes                                                      
     acceptance of issuance of the feasibility license, as limited or                                                           
     conditioned by the terms contained in the finding and by the                                                               
     feasibility license to be issued and the form of lease to be used that                                                     
     have been attached to that finding, if the prospective licensee is                                                         
     the successful bidder. The successful bidder is the prospective                                                            
     licensee who submits the highest bid in terms of the minimum                                                               
     work commitment dollar amount.                                                                                             
         (h)  In this section, "work commitment" has the meaning                                                                
     given in AS 38.05.092(h).                                                                                                  

2024-05-13                     House Journal                      Page 3095
         Sec. 38.05.094. Conversion to lease. (a) If the licensee                                                             
     requests and the commissioner determines that the work                                                                     
     commitment obligation set out in a feasibility license issued under                                                        
     AS 38.05.092 has been met, the commissioner shall convert to one                                                           
     or more leases all or part, as the licensee may indicate, of the area                                                      
     described in the feasibility license that remains after the                                                                
     relinquishments, removals, or deletions required by                                                                        
     AS 38.05.092(d)(2). A lease agreement must include                                                                         
              (1)  land use restrictions and authorizations consistent                                                          
     with the requirements of AS 38.05.092(f) relating to multiple use                                                          
     and mineral exploration, the purpose of the lease, and other                                                               
     conditions and obligations that are specified in the lease; and                                                            
              (2)  bonding requirements the commissioner determines                                                             
     are sufficient to cover the costs to the department of the                                                                 
     demolition and removal of project infrastructure and restoration of                                                        
     land affected by the lessee, including, as applicable, the possible                                                        
     costs of remediating oil or other minerals, fiberglass,                                                                    
     microplastics, or other contamination.                                                                                     
         (b)  Compensation for a lease under this section                                                                       
              (1)  shall be designed to maximize the return to the state                                                        
     and be a form of compensation provided under AS 38.05.073(m);                                                              
              (2)  shall account for the costs of, or value added by, all                                                       
     outputs, products, and byproducts likely to be generated or                                                                
     otherwise result from renewable energy projects for which the                                                              
     lease is issued;                                                                                                           
              (3)  shall be separately accounted for under                                                                      
     AS 37.05.142; and                                                                                                          
              (4)  may be used by the legislature to make appropriations                                                        
     to the department to carry out the purposes of AS 38.05.091 -                                                              
     38.05.094.                                                                                                                 
         (c)  The provisions of AS 38.05.070 and 38.05.095                                                                      
     concerning subleasing, assignment, lease renewals, and lease                                                               
     extensions apply to leasing under this section.                                                                            
         (d)  By February 1 of each year, the commissioner shall                                                                
     prepare a report on the lease agreements entered into under this                                                           
     section, transmit the report to the senate secretary and the chief                                                         
     clerk of the house of representatives, and notify the legislature that                                                     
     the report is available. The report must contain the following                                                             
     information:                                                                                                               
              (1)  the number of total leases entered into each fiscal                                                          

2024-05-13                     House Journal                      Page 3096
     year;                                                                                                                      
              (2)  a complete list of lease information for each ongoing                                                        
     lease that includes                                                                                                        
                  (A)  a general description of the location of the lease;                                                      
                  (B)  the date the lease was executed;                                                                        
                  (C)  the identity of each person on the lease;                                                                
                  (D)  a summary of the underlying renewable energy                                                             
         project;                                                                                                               
                  (E)  the current status of the renewable energy                                                               
         project;                                                                                                               
                  (F)  a summary of the compensation agreed on for the                                                          
         lease and an explanation of how the amount was determined;                                                             
         and                                                                                                                    
                  (G)  the identity of each individual having an                                                                
         ownership interest in an entity on the lease;                                                                          
              (3)  a complete list of leases that expired or were                                                               
     terminated during the preceding or current fiscal year and the                                                             
     reason the lease expired or was terminated; and                                                                            
              (4)  a description of the cumulative revenue received by                                                          
     the state from leases, the revenue received by the state from leases                                                       
     during the preceding fiscal year, and the anticipated revenue the                                                          
     state will receive from leases in the current fiscal year.                                                                 
         (e)  In this section, "work commitment" has the meaning                                                                
     given in AS 38.05.092(h).                                                                                                  
   * Sec. 5. AS 38.05.102 is amended to read:                                                                                 
         Sec. 38.05.102. Lessee preference. Except for a lease under                                                          
     AS 38.05.081 or 38.05.094, if land within a leasehold created                                                          
     under AS 38.05.070 - 38.05.105 is offered for sale or long-term                                                            
     lease at the termination of the existing leasehold, the director may,                                                      
     upon a finding that it is in the best interest of the state, allow a                                                       
     holder in good standing of the existing leasehold to purchase or                                                           
     lease the land for its appraised fair market value at the time of the                                                      
     sale or long-term lease.                                                                                                   
   * Sec. 6. AS 38.05.945(a) is amended to read:                                                                              
         (a)  This section establishes the requirements for notice given                                                        
     by the department for the following actions:                                                                               
              (1)  classification or reclassification of state land under                                                       
     AS 38.05.300 and the closing of land to mineral leasing or entry                                                           
     under AS 38.05.185;                                                                                                        
              (2)  zoning of land under applicable law;                                                                         

2024-05-13                     House Journal                      Page 3097
              (3)  issuance of a                                                                                                
                  (A)  preliminary written finding under                                                                        
         AS 38.05.035(e)(5)(A) regarding the sale, lease, or disposal of                                                        
         an interest in state land or resources for oil and gas, or for gas                                                     
         only, subject to AS 38.05.180(b);                                                                                      
                  (B)  written finding for the sale, lease, or disposal of                                                      
         an interest in state land or resources under                                                                           
         AS 38.05.035(e)(6), except a lease sale described in                                                                   
         AS 38.05.035(e)(6)(F) for which the director must provide                                                              
         opportunity for public comment under the provisions of that                                                            
         subparagraph;                                                                                                          
              (4)  a competitive disposal of an interest in state land or                                                       
     resources after final decision under AS 38.05.035(e);                                                                      
              (5)  a preliminary finding under AS 38.05.035(e)                                                                  
     concerning sites for aquatic farms and related hatcheries;                                                                 
              (6)  a decision under AS 38.05.091 - 38.05.094 or                                                             
     38.05.131 - 38.05.134 [AS 38.05.132 - 38.05.134] regarding the                                                         
   sale, lease, or disposal of an interest in state land or resources;                                                         
              (7)  an exchange of state land under AS 38.50;                                                                   
              (8)  solicitation of competitive interest under                                                                   
     AS 38.05.081(c).                                                                                                           
   * Sec. 7. AS 38.05.945(e) is amended to read:                                                                              
         (e)  Except for a feasibility license issued under                                                                 
     AS 38.05.091 - 38.05.094, notice [NOTICE] is not required under                                                        
     this section for a permit or other authorization revocable by the                                                          
     department.                                                                                                                
   * Sec. 8. AS 38.05.965 is amended by adding a new paragraph to                                                             
read:                                                                                                                           
              (29)  "renewable energy project" means an indoor or                                                               
     outdoor facility that                                                                                                      
                  (A)  requires industrial infrastructure and                                                                   
         maintenance; and                                                                                                       
                  (B)  produces energy that                                                                                     
                       (i)  is from a resource that naturally replenishes                                                       
              within a 100-year period;                                                                                         
                       (ii)  is derived from solar, water, or wind power;                                                       
              and                                                                                                               
                       (iii)  minimizes the output of toxic material in the                                                     
              conversion of the energy."                                                                                        
                                                                                                                                

2024-05-13                     House Journal                      Page 3098
Page 1, line 8:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 9"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 22:                                                                                                               
     Delete "sec. 14"                                                                                                           
     Insert "sec. 22"                                                                                                           
                                                                                                                                
Page 12, line 28:                                                                                                               
     Delete "sec. 19"                                                                                                           
     Insert "sec. 27"                                                                                                           
                                                                                                                                
Page 12, line 29:                                                                                                               
     Delete "sec. 19"                                                                                                           
     Insert "sec. 27"                                                                                                           
                                                                                                                                
Page 12, line 31:                                                                                                               
     Delete "Section 4"                                                                                                         
     Insert "Section 12"                                                                                                        
                                                                                                                                
Page 13, line 1:                                                                                                                
     Delete "sec. 22"                                                                                                           
     Insert "sec. 30"                                                                                                           
                                                                                                                                
Representative Groh moved and asked unanimous consent that                                                                      
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3099
Yeas:  Armstrong, Dibert, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                           
Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Rauscher,                                                                  
Schrage, Story, Stutes, Sumner                                                                                                  
                                                                                                                                
Nays:  Baker, Carpenter, Carrick, Coulombe, Cronk, Eastman,                                                                     
Edgmon, C.Johnson, D.Johnson, McCabe, McKay, Prax, Ruffridge,                                                                   
Saddler, Shaw, Stapp, Tilton, Tomaszewski, Vance, Wright                                                                        
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was not offered.                                                                                                
                                                                                                                                
Amendment No. 5 was offered  by Representative Carpenter:                                                                        
                                                                                                                                
Page 3, line 21:                                                                                                                
     Delete "or government subsidy provided to a"                                                                           
     Insert "for all or part of the value of an electricity generation                                                      
facility or a government subsidy used to construct a new electricity                                                        
transmission facility if the tax exemption or government subsidy                                                            
was provided to the"                                                                                                        
                                                                                                                                
Page 3, line 22, following "producer":                                                                                      
     Insert "within the preceding 10 years"                                                                                 
                                                                                                                                
Page 3, line 27, following "subsection,":                                                                                   
     Insert "(1) "government subsidy" means a direct or indirect                                                            
payment from a federal or state entity; "government subsidy"                                                                
does not include a loan or other financing arrangement that                                                                 
requires repayment;                                                                                                         
              (2)"                                                                                                          
                                                                                                                                
Page 3, line 28:                                                                                                                
     Delete "person"                                                                                                        
     Insert "legal entity"                                                                                                  
                                                                                                                                
Page 3, line 29, following "electricity":                                                                                   
     Insert "with a net power production of at least five megawatts"                                                        
                                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3100
Page 3, line 30, following "AS 42.45.310":                                                                                  
     Insert "or a net metering customer"                                                                                    
                                                                                                                                
Page 11, line 4, following "up":                                                                                                
     Insert "solely"                                                                                                            
                                                                                                                                
Page 11, line 18:                                                                                                               
     Delete "July 1, 2025"                                                                                                      
     Insert "December 31, 2026"                                                                                                 
                                                                                                                                
Page 12, lines 8 - 10:                                                                                                          
     Delete "transfer of large-scale electrical power between or across                                                         
separate geographical areas; "backbone transmission system" does not                                                            
include assets that would be considered distribution facilities or radial                                                       
facilities under the standards"                                                                                                 
     Insert "transmission of electrical power under the Mansfield test"                                                         
                                                                                                                                
Representative Carpenter moved and asked unanimous consent that                                                                 
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Stapp objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  12   NAYS:  25   EXCUSED:  1   ABSENT:  2                                                                              
                                                                                                                                
Yeas:  Baker, Carpenter, Edgmon, Hannan, McCabe, McKay, Prax,                                                                   
Rauscher, Ruffridge, Saddler, Shaw, Vance                                                                                       
                                                                                                                                
Nays:  Armstrong, Carrick, Coulombe, Cronk, Dibert, Eastman,                                                                    
Fields, Foster, Galvin, Gray, Groh, C.Johnson, D.Johnson, Josephson,                                                            
McCormick, Mears, Mina, Schrage, Stapp, Story, Stutes, Sumner,                                                                  
Tilton, Tomaszewski, Wright                                                                                                     
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
Absent:  Himschoot, Ortiz                                                                                                       
                                                                                                                                

2024-05-13                     House Journal                      Page 3101
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 6 was offered  by Representative Carpenter:                                                                        
                                                                                                                                
Page 11, line 18:                                                                                                               
     Delete "2025"                                                                                                              
     Insert "2026"                                                                                                              
                                                                                                                                
Representative Carpenter moved and asked unanimous consent that                                                                 
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Stapp objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  10   NAYS:  27   EXCUSED:  1   ABSENT:  2                                                                              
                                                                                                                                
Yeas:  Carpenter, Cronk, Eastman, McCabe, McKay, Prax, Ruffridge,                                                               
Shaw, Tilton, Vance                                                                                                             
                                                                                                                                
Nays:  Armstrong, Baker, Carrick, Coulombe, Dibert, Edgmon, Fields,                                                             
Foster, Galvin, Gray, Groh, Hannan, C.Johnson, D.Johnson,                                                                       
Josephson, McCormick, Mears, Mina, Rauscher, Saddler, Schrage,                                                                  
Stapp, Story, Stutes, Sumner, Tomaszewski, Wright                                                                               
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
Absent:  Himschoot, Ortiz                                                                                                       
                                                                                                                                
And so, Amendment No. 6 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 7 was offered  by Representative Carpenter:                                                                        
                                                                                                                                
Page 12, line 10:                                                                                                               
     Delete "standards"                                                                                                         
     Insert "test"                                                                                                              
                                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3102
Representative Carpenter moved and asked unanimous consent that                                                                 
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
Representative Stapp objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  7   NAYS:  32   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Eastman, McCabe, McKay, Ruffridge, Shaw, Vance                                                                
                                                                                                                                
Nays:  Armstrong, Baker, Carrick, Coulombe, Cronk, Dibert, Edgmon,                                                              
Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson,                                                               
D.Johnson, Josephson, McCormick, Mears, Mina, Ortiz, Prax,                                                                      
Rauscher, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton,                                                               
Tomaszewski, Wright                                                                                                             
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 8 was offered  by Representative McCabe:                                                                           
                                                                                                                                
Page 1, line 6, following "Organization;" (title amendment):                                                                  
     Insert "requiring the Alaska Energy Authority to submit a                                                                
report about issuing rate reduction bonds for financing                                                                       
transmission system upgrades;"                                                                                                
                                                                                                                                
Page 12, following line 18:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 20. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     REPORT TO THE LEGISLATURE. (a) The Alaska Energy                                                                           
Authority shall, by January 1, 2025, submit a report to the legislature                                                         
that                                                                                                                            
         (1)  evaluates the feasibility of establishing the Railbelt                                                            
Transmission Organization created by AS 44.83.700, added by sec. 19                                                             
of this Act, as a special purpose entity to issue long-term rate                                                                
reduction bonds to finance the costs of upgrading and repairing                                                                 

2024-05-13                     House Journal                      Page 3103
transmission infrastructure that supports the backbone transmission                                                             
system, as defined in AS 44.83.720, added by sec. 19 of this Act;                                                               
         (2)  recommends methods for using a competitive transition                                                             
charge to retire long-term rate reduction bonds; and                                                                            
         (3)  identifies further aspects of a statutory framework needed                                                        
for rate reduction bonds, including recommended statutory provisions.                                                           
     (b)  The Alaska Energy Authority shall submit the report required                                                          
under (a) of this section to the senate secretary and the chief clerk of                                                        
the house of representatives and notify the legislature that the report is                                                      
available."                                                                                                                     
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 31:                                                                                                               
     Delete "Section 4 of this Act takes"                                                                                       
     Insert "Sections 4 and 20 of this Act take"                                                                                
                                                                                                                                
Page 13, line 1:                                                                                                                
     Delete "sec. 22"                                                                                                           
     Insert "sec. 23"                                                                                                           
                                                                                                                                
Representative McCabe moved and asked unanimous consent that                                                                    
Amendment No. 8 be adopted.                                                                                                     
                                                                                                                                
Representative Stapp objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 8 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 8                                                                                                                 
                                                                                                                                
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Baker, Carpenter, Carrick, Cronk, Dibert, Edgmon, Fields,                                                                
Foster, Galvin, Gray, Himschoot, C.Johnson, D.Johnson, McCabe,                                                                  
McCormick, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw,                                                                     
Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                       
                                                                                                                                
Nays:  Armstrong, Coulombe, Eastman, Groh, Hannan, Josephson,                                                                   
Mears, Mina, Ortiz, Schrage, Stapp                                                                                              
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3104
And so, Amendment No. 8 was adopted and the new title follows:                                                                  
                                                                                                                                
     CS FOR HOUSE BILL NO. 307(FIN) am                                                                                          
     "An Act relating to the Regulatory Commission of Alaska;                                                                   
     relating to regulation of public utilities and pipeline carriers;                                                          
     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."                                                                            
                                                                                                                                
Amendment No. 9 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, following line 7:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. The uncodified law of the State of Alaska is amended                                                            
by adding a new section to read:                                                                                                
     LEGISLATIVE FINDINGS. The legislature recognizes the                                                                       
inherent conflicts, and increasing cost to ratepayers over time, of                                                             
maintaining a state-supported integrated transmission system in which                                                           
nonprofit electric utilities cannot withdraw profits and independent                                                            
power producers can withdraw profits. Accordingly, the legislature                                                              
recognizes the likelihood that, by 2038, either all independent power                                                           
producers that participate in the integrated transmission system will be                                                        
nonprofit entities or all utilities that participate in the integrated                                                          
transmission system will be for-profit entities."                                                                               
                                                                                                                                
Page 1, line 8:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 22:                                                                                                               
     Delete "sec. 14"                                                                                                           
     Insert "sec. 15"                                                                                                           
                                                                                                                                

2024-05-13                     House Journal                      Page 3105
Page 12, line 28:                                                                                                               
     Delete "sec. 19"                                                                                                           
     Insert "sec. 20"                                                                                                           
                                                                                                                                
Page 12, line 29:                                                                                                               
     Delete "sec. 19"                                                                                                           
     Insert "sec. 20"                                                                                                           
                                                                                                                                
Page 12, line 31:                                                                                                               
     Delete "Section 4"                                                                                                         
     Insert "Section 5"                                                                                                         
                                                                                                                                
Page 13, line 1:                                                                                                                
     Delete "sec. 22"                                                                                                           
     Insert "sec. 23"                                                                                                           
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 9 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 9                                                                                                                 
                                                                                                                                
YEAS:  2   NAYS:  34   EXCUSED:  1   ABSENT:  3                                                                               
                                                                                                                                
Yeas:  Eastman, McKay                                                                                                           
                                                                                                                                
Nays:  Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk,                                                                   
Dibert, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot,                                                                  
C.Johnson, Josephson, McCabe, McCormick, Mears, Mina, Prax,                                                                     
Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes,                                                              
Sumner, Tilton, Tomaszewski, Vance, Wright                                                                                      
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
Absent:  Edgmon, D.Johnson, Ortiz                                                                                               
                                                                                                                                
And so, Amendment No. 9 was not adopted.                                                                                        

2024-05-13                     House Journal                      Page 3106
Amendment Nos. 10 and 11 were not offered.                                                                                      
                                                                                                                                
Amendment No. 12 was offered  by Representative Ruffridge:                                                                       
                                                                                                                                
Page 6, lines 14 - 20:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 22:                                                                                                               
     Delete "sec. 14"                                                                                                           
     Insert "sec. 13"                                                                                                           
                                                                                                                                
Page 12, line 28:                                                                                                               
     Delete "sec. 19"                                                                                                           
     Insert "sec. 18"                                                                                                           
                                                                                                                                
Page 12, line 29:                                                                                                               
     Delete "sec. 19"                                                                                                           
     Insert "sec. 18"                                                                                                           
                                                                                                                                
Page 13, line 1:                                                                                                                
     Delete "sec. 22"                                                                                                           
     Insert "sec. 21"                                                                                                           
                                                                                                                                
Representative Ruffridge moved and asked unanimous consent that                                                                 
Amendment No. 12 be adopted.                                                                                                    
                                                                                                                                
Representative Stapp objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 12 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 12                                                                                                                
                                                                                                                                
YEAS:  8   NAYS:  30   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Carpenter, Coulombe, Cronk, Eastman, McKay, Ruffridge,                                                                   
Tomaszewski, Vance                                                                                                              
                                                                                                                                

2024-05-13                     House Journal                      Page 3107
Nays:  Armstrong, Baker, Carrick, Dibert, Fields, Foster, Galvin,                                                               
Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson,                                                                 
McCabe, McCormick, Mears, Mina, Ortiz, Prax, Rauscher, Saddler,                                                                 
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Wright                                                                     
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
Absent:  Edgmon                                                                                                                 
                                                                                                                                
And so, Amendment No. 12 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 13 was offered  by Representative Ruffridge:                                                                       
                                                                                                                                
Page 6, following line 4:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 11. AS 42.05 is amended by adding new sections to read:                                                               
    Article 11A. Railbelt Transmission Organization.                                                                          
         Sec. 42.05.900. Railbelt Transmission Organization. (a)                                                              
     The commission shall require the Alaska Energy Authority and                                                               
     the Railbelt utilities to form a Railbelt Transmission Organization                                                        
     for the purpose of establishing a transmission cost recovery                                                               
     mechanism that ensures the actual, reasonable costs of owning and                                                          
     operating the backbone transmission system are recovered in a                                                              
     manner that                                                                                                                
              (1)  eliminates per-unit wholesale transmission charges to                                                        
    increase the efficiency by which electricity service is provided;                                                          
              (2)  eliminates multiple pancaked rates; and                                                                      
              (3)  equitably allocates costs among the load-serving                                                             
     entities connected to the backbone transmission system.                                                                    
         (b)  The governance structure for the transmission                                                                     
     organization must be made up of a representative from the Alaska                                                           
     Energy Authority and each of the Railbelt utilities to assist in                                                           
     administering the system of transmission cost recovery.                                                                    
         (c)  Notwithstanding AS 44.83.090(b), the transmission                                                                 
     organization and the Alaska Energy Authority are subject to the                                                            
     jurisdiction of the commission for the purposes of AS 42.05.900 -                                                          
     42.05-920. The commission shall require the transmission                                                                   
     organization to file tariffs to achieve the purposes of AS 42.05.900                                                       
     - 42.05.920.                                                                                                               
         Sec. 42.05.910. Revenue mechanism. (a) The transmission                                                              
     organization shall hold and administer a commission-approved                                                               

2024-05-13                     House Journal                      Page 3108
     open access transmission tariff that ensures nondiscriminatory                                                             
     access to the backbone transmission system.                                                                                
         (b)  The transmission organization shall file with the                                                                 
     commission a transmission cost recovery methodology that                                                                   
     ensures the reliability and sufficient capacity of the backbone                                                            
     transmission system to support and promote state and regional                                                              
     energy policies and a rigorous, dynamic economy. If the                                                                    
     transmission organization does not file a transmission cost                                                                
     recovery methodology with the commission on or before July 1,                                                              
     2025, the commission shall, after notice and opportunity for                                                               
     public comment, establish a transmission cost recovery                                                                     
     methodology consistent with this section.                                                                                  
         (c)  The cost recovery methodology for the transmission                                                                
     organization must, as approved by the commission,                                                                          
              (1)  pool backbone transmission system costs and allocate                                                         
     those costs through certificated load-serving entities on a                                                                
     coincident peak or load ratio share basis, or a combination of both;                                                       
     and                                                                                                                        
              (2)  account for                                                                                                  
                  (A)  required backbone transmission system ancillary                                                          
         services;                                                                                                              
                  (B)  backbone transmission system congestion;                                                                 
                  (C)  disruptions to the backbone transmission system                                                          
         that result in the isolation of one geographical area of the                                                           
         backbone transmission system from another for more than 24                                                             
         hours; and                                                                                                             
                  (D)  costs to own and operate the backbone                                                                    
         transmission system, as established by the commission or by                                                            
         contract, including transmission costs associated with the                                                             
         Bradley Lake hydroelectric project.                                                                                    
         (d)  A Railbelt utility shall pass the commission-approved                                                             
     transmission costs directly and transparently to the utility's                                                             
     customers.                                                                                                                 
         Sec. 42.05.920. Definitions. In AS 42.05.900 - 42.05.920,                                                            
              (1)  "backbone transmission system" means the                                                                     
     transmission assets in the Railbelt that facilitate the transfer of                                                        
     large-scale electrical power between or across separate                                                                    
     geographical areas; "backbone transmission system" does not                                                                
     include assets that would be considered distribution facilities or                                                         
     radial facilities under the standards established by the Federal                                                           

2024-05-13                     House Journal                      Page 3109
     Energy Regulatory Commission;                                                                                              
              (2)  "Railbelt" means the geographic region from the                                                              
     Kenai Peninsula to Interior Alaska that is connected to a common                                                           
     electric transmission backbone;                                                                                            
              (3)  "Railbelt utility" means a public electric utility                                                           
     certificated to operate in the Railbelt;                                                                                   
              (4)  "transmission organization" means the Railbelt                                                               
     Transmission Organization formed under AS 42.05.900."                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 9, line 31:                                                                                                                
     Delete "and AS 44.83.700 - 44.83.720"                                                                                  
                                                                                                                                
Page 10, line 14:                                                                                                               
     Delete "AS 44.83.700(d)"                                                                                               
     Insert "AS 42.05.900(c)"                                                                                               
                                                                                                                                
Page 10, line 15:                                                                                                               
     Delete ", except as provided in AS 44.83.700 - 44.83.720,"                                                             
                                                                                                                                
Page 10, line 21, through page 12, line 18:                                                                                     
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 22:                                                                                                               
     Delete "sec. 14"                                                                                                           
     Insert "sec. 15"                                                                                                           
                                                                                                                                
Page 12, lines 27 - 28:                                                                                                         
    Delete "The Railbelt utilities, as defined in AS 44.83.720, added                                                          
by sec. 19 of this Act, shall"                                                                                                  
      Insert "The Regulatory Commission of Alaska shall require the                                                            
Railbelt utilities, as defined in AS 42.05.920, added by sec. 11 of this                                                        
Act, to"                                                                                                                        
                                                                                                                                
Page 12, line 29:                                                                                                               
     Delete "AS 44.83.700, added by sec. 19"                                                                                    
     Insert "AS 42.05.900, added by sec. 11"                                                                                    

2024-05-13                     House Journal                      Page 3110
Page 13, line 1:                                                                                                                
     Delete "sec. 22"                                                                                                           
     Insert "sec. 21"                                                                                                           
                                                                                                                                
Representative Ruffridge moved and asked unanimous consent that                                                                 
Amendment No. 13 be adopted.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 13 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 13                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  33   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Eastman, McKay, Ruffridge, Saddler, Vance                                                                     
                                                                                                                                
Nays:  Armstrong, Baker, Carrick, Coulombe, Cronk, Dibert, Edgmon,                                                              
Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson,                                                               
D.Johnson, Josephson, McCabe, McCormick, Mears, Mina, Ortiz,                                                                    
Prax, Rauscher, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton,                                                            
Tomaszewski, Wright                                                                                                             
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 13 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 14 was offered  by Representative Sumner:                                                                          
                                                                                                                                
Page 1, line 2 (title amendment):                                                                                               
     Delete "and"                                                                                                             
     Insert ","                                                                                                               
     Following "carriers":                                                                                                    
          Insert ", and liquefied natural gas import facilities"                                                             
                                                                                                                                
Page 3, line 13:                                                                                                                
     Delete "a new subsection"                                                                                                  
     Insert "new subsections"                                                                                                   
                                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3111
Page 3, following line 16:                                                                                                      
     Insert a new subsection to read:                                                                                           
         "(q)  For rate-making purposes, the commission shall not                                                               
     consider the investment of a public utility in a liquefied natural                                                         
     gas import facility as utility property, even if the liquefied natural                                                     
     gas import facility is exempt from regulation by the commission.                                                           
     In this subsection,                                                                                                        
              (1)  "investment" includes an investment in land used to                                                          
     connect to a liquefied natural gas import facility used by the                                                             
     public utility to render service to the public;                                                                            
              (2)  "liquefied natural gas import facility" includes a                                                           
     facility used to receive or unload natural gas or to store, transport,                                                     
     gasify, liquefy, or process received or unloaded natural gas."                                                             
                                                                                                                                
Representative Sumner moved and asked unanimous consent that                                                                    
Amendment No. 14 be adopted.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 14 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 307(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 14                                                                                                                
                                                                                                                                
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk,                                                                   
Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                                     
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 14 was adopted and the new title follows:                                                                 
                                                                                                                                
     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                                                         

2024-05-13                     House Journal                      Page 3112
     liquified 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."                                                                                                           
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
CSHB 307(FIN) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.                                                                                           
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 307(FIN) am will advance to third reading on tomorrow's                                                                    
calendar.