Legislature(2023 - 2024)

2024-05-15 Senate Journal

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2024-05-15                     Senate Journal                      Page 2853
HB 307                                                                                                                        
CS FOR HOUSE BILL NO. 307(FIN) am "An Act relating to the                                                                       
Regulatory Commission of Alaska; relating to regulation of public                                                               
utilities, pipeline carriers, and liquefied natural gas import facilities;                                                      
relating to approval of wholesale power agreements; relating to                                                                 
preapproval for construction of energy facilities; relating to electric                                                         

2024-05-15                     Senate Journal                      Page 2854
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" which had been moved to the bottom of today's first                                                             
supplemental calendar, was read the second time.                                                                                
                                                                                                                                
Senator Olson, Cochair, moved and asked unanimous consent for the                                                               
adoption of the Finance Senate Committee Substitute offered today.                                                              
Without objection, SENATE CS FOR 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                                                                 
electric reliability organizations; relating to loans for renewable energy                                                      
resources projects from the power project fund; relating to the taxation                                                        
of new electricity generation and storage facilities; relating to the                                                           
Alaska Energy Authority; relating to the Railbelt Transmission                                                                  
Organization; and providing for an effective date" was adopted.                                                                 
                                                                                                                                
[Amendment No. 1 was not offered.]                                                                                              
                                                                                                                                
Senator Myers offered Amendment No. 2 :                                                                                          
                                                                                                                                
Page 3, following line 21:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 8. AS 42.05.381(e) is amended to read:                                                                                
          (e)  The commission shall adopt regulations for electric                                                              
     cooperatives, [AND FOR] local exchange telephone utilities, and                                                    
     refuse utilities, setting a range for adjustment of rates by a                                                         
     simplified rate filing procedure. A cooperative, [OR] telephone                                                        
     utility, or refuse utility may apply for permission to adjust its                                                      
     rates over a period of time under the simplified rate filing                                                               
     procedure regulations. The commission shall grant the application                                                          
     if the cooperative, [OR] telephone utility, or refuse utility                                                      
     satisfies the requirements of the regulations. The commission                                                          
     shall adopt regulations specific to refuse utilities that provide                                                      
     for sufficient public notice and an opportunity for ratepayers                                                         
     to meaningfully comment on rate filings. The commission may                                                            
     review implementation of the simplified rate filing procedure at                                                           

2024-05-15                     Senate Journal                      Page 2855
     reasonable intervals and may revoke permission to use the                                                                  
     procedure or require modification of the rates to correct an error.                                                        
     In this subsection, "refuse utility" means a utility furnishing                                                        
     collection and disposal service of garbage, refuse, trash, or                                                          
     other waste material to the public for compensation."                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 13, line 31:                                                                                                               
     Delete "sec. 18"                                                                                                           
     Insert "sec. 19"                                                                                                           
                                                                                                                                
Page 14, line 8:                                                                                                                
     Delete "sec. 23"                                                                                                           
     Insert "sec. 24"                                                                                                           
                                                                                                                                
Page 14, line 9:                                                                                                                
     Delete "sec. 23"                                                                                                           
     Insert "sec. 24"                                                                                                           
                                                                                                                                
Page 14, line 15:                                                                                                               
     Delete "sec. 23"                                                                                                           
     Insert "sec. 24"                                                                                                           
                                                                                                                                
Page 14, line 16:                                                                                                               
     Delete "Section 8"                                                                                                         
     Insert "Section 9"                                                                                                         
                                                                                                                                
Page 14, line 17:                                                                                                               
     Delete "sec. 27"                                                                                                           
     Insert "sec. 28"                                                                                                           
                                                                                                                                
Senator Myers moved for the adoption of Amendment No. 2. Senator                                                                
Stedman objected.                                                                                                               
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 307(FIN)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                

2024-05-15                     Senate Journal                      Page 2856
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bjorkman, Dunbar, Gray-Jackson, Hughes, Kaufman,                                                                         
Kawasaki, Merrick, Myers, Shower                                                                                                
                                                                                                                                
Nays:  Bishop, Claman, Giessel, Hoffman, Kiehl, Olson, Stedman,                                                                 
Stevens, Tobin, Wielechowski, Wilson                                                                                            
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 3 :                                                                                   
                                                                                                                                
Page 4, lines 6 - 7:                                                                                                            
     Delete ", other than a public utility or a joint action agency                                                         
established under AS 42.45.310,"                                                                                            
                                                                                                                                
Page 4, line 8, following "electricity":                                                                                    
     Insert ", other than a facility generating electricity under net                                                       
metering regulations adopted by the commission; "independent                                                                
power producer" does not include a public utility or a joint action                                                         
agency established under AS 42.45.310"                                                                                      
                                                                                                                                
Page 4, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 10. AS 42.05.431(b) is amended to read:                                                                               
          (b)  A wholesale power agreement between public utilities, or                                                     
     between a public utility and an independent power producer,                                                            
     is subject to advance approval of the commission. A rate set in                                                        
     accordance with a wholesale power agreement must disclose a                                                            
     state or local tax exemption provided to a utility or                                                                  
     independent power producer. After a wholesale power                                                                    
     agreement is in effect, the commission may not invalidate any                                                              
     purchase or sale obligation under the agreement. However, if the                                                           
     commission finds that rates set in accordance with the agreement                                                           
     violate this subsection or are not just and reasonable, the                                                            
     commission may order the parties to negotiate an amendment to                                                              
     the agreement and if the parties fail to agree, to use the dispute                                                         
     resolution procedures contained in the contract. In this                                                               
     subsection, "independent power producer" means a legal                                                                 
     entity that owns or operates a facility for the generation of                                                          
     electricity, other than a community energy facility under                                                              

2024-05-15                     Senate Journal                      Page 2857
     AS 42.05.725 - 42.05.735 or a facility generating electricity                                                          
     under net metering regulations adopted by the commission;                                                              
     "independent power producer" does not include a public                                                                 
     utility or a joint action agency established under                                                                     
     AS 42.45.310."                                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 13, line 31:                                                                                                               
     Delete "sec. 18"                                                                                                           
     Insert "sec. 19"                                                                                                           
                                                                                                                                
Page 14, line 8:                                                                                                                
     Delete "sec. 23"                                                                                                           
     Insert "sec. 24"                                                                                                           
                                                                                                                                
Page 14, line 9:                                                                                                                
     Delete "sec. 23"                                                                                                           
     Insert "sec. 24"                                                                                                           
                                                                                                                                
Page 14, line 15:                                                                                                               
     Delete "sec. 23"                                                                                                           
     Insert "sec. 24"                                                                                                           
                                                                                                                                
Page 14, following line 15:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 28. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     CONDITIONAL EFFECT. (a) AS 42.05.431(b), as amended by                                                                     
sec. 9 of this Act, takes effect only if SB 152, as passed by the Thirty-                                                       
Third Alaska State Legislature, is not enacted into law.                                                                        
     (b)  AS 42.05.431(b), as amended by sec. 10 of this Act, takes                                                             
effect only if SB 152, as passed by the Thirty-Third Alaska State                                                               
Legislature, is enacted into law."                                                                                              
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 14, line 17:                                                                                                               
     Delete "sec. 27"                                                                                                           
     Insert "sec. 29"                                                                                                           
                                                                                                                                

2024-05-15                     Senate Journal                      Page 2858
Senator Wielechowski moved for the adoption of Amendment No. 3.                                                                 
Objections were heard.                                                                                                          
                                                                                                                                
Senator Wielechowski moved and asked unanimous consent to                                                                       
withdraw Amendment No. 3. Without objection, Amendment No. 3                                                                    
was withdrawn.                                                                                                                  
                                                                                                                                
Senator Giessel moved and asked unanimous consent the bill be                                                                   
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 307(FIN) was read the                                                                       
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR 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                                                                 
electric reliability organizations; relating to loans for renewable energy                                                      
resources projects from the power project fund; relating to the taxation                                                        
of new electricity generation and storage facilities; relating to the                                                           
Alaska Energy Authority; relating to the Railbelt Transmission                                                                  
Organization; and providing for an effective date" pass the Senate?"                                                            
The roll was taken with the following result:                                                                                   
                                                                                                                                
SCS CSHB 307(FIN)                                                                                                               
Third Reading - Final Passage                                                                                                   
Effective Date(s)                                                                                                               
                                                                                                                                
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman,                                                                  
Hughes, Kaufman, Kawasaki, Kiehl, Merrick, Myers, Olson, Shower,                                                                
Stedman, Tobin, Wielechowski, Wilson                                                                                            
                                                                                                                                
Nays:  Bjorkman, Stevens                                                                                                        
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 307(FIN)                                                                            
passed the Senate.                                                                                                              
                                                                                                                                

2024-05-15                     Senate Journal                      Page 2859
Senator Giessel moved and asked unanimous consent the vote on the                                                               
passage of the bill be considered the vote on the effective date                                                                
clause(s). Without objection, it was so ordered and the bill was                                                                
referred to the Secretary for engrossment.