Legislature(2015 - 2016)BARNES 124
04/02/2015 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB19 | |
| HB118 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 19 | TELECONFERENCED | |
| += | HB 118 | TELECONFERENCED | |
HB 118-MUNI ENERGY IMPROVEMNT ASSESSMNTS/BONDS
8:15:26 AM
CHAIR TILTON announced that the final order of business would be
HOUSE BILL NO. 118, "An Act adopting the Municipal Property
Assessed Clean Energy Act; authorizing municipalities to
establish programs to impose assessments for energy improvements
in regions designated by municipalities; imposing fees; and
providing for an effective date." [CSHB 118(ENE) is before the
committee.]
8:15:53 AM
CHAIR TILTON moved that the committee adopt Amendment 1, labeled
29-GH102\H.1, Shutts, 4/1/15, which read:
Page 1, following line 7:
Insert new bill sections to read:
"* Sec. 2. AS 29.35.200(b) is amended to read:
(b) A first class borough may by ordinance
exercise the following powers on an areawide basis:
(1) provide transportation systems;
(2) provide water pollution control;
(3) provide air pollution control in
accordance with AS 46.14.400;
(4) license day care facilities;
(5) license, impound, and dispose of
animals;
(6) establish an energy improvement
assessment program under AS 29.49.
* Sec. 3. AS 29.35.210(b) is amended to read:
(b) A second class borough may by ordinance
exercise the following powers on an areawide basis:
(1) provide transportation systems;
(2) license, impound, and dispose of
animals;
(3) provide air pollution control under
AS 46.14.400;
(4) provide water pollution control;
(5) license day care facilities;
(6) establish an energy improvement
assessment program under AS 29.49."
Renumber the following bill sections accordingly.
REPRESENTATIVE SEATON objected for discussion purposes.
8:16:12 AM
GENE THERRIAULT, Deputy Director, Energy Policy, Alaska Energy
Authority (AEA), Department of Commerce, Community & Economic
Development (DCCED), explained that Amendment 1 would provide
clear authority to first and second class boroughs to adopt a
Property Assessed Clean Energy (PACE) financing mechanism
areawide. The change merely adds to the list of things first
and second class boroughs can do areawide.
8:17:16 AM
REPRESENTATIVE HUGHES related her understanding that cities can
already do this by ordinance, that is areawide within city
boundaries.
MR. THERRIAULT said he believes that is correct.
8:17:31 AM
REPRESENTATIVE SEATON removed his objection.
There being no further objection, Amendment 1 was adopted.
8:17:45 AM
REPRESENTATIVE HUGHES moved that the committee adopt
[Conceptual] Amendment 2, labeled 3/16/2015, Macsalka, which
read:
Page 1, line 3:
Delete "regions designated by"
Page 1, line 14:
Delete "a region designated under this chapter"
Insert "the municipality"
Page 2, lines 13 - 14:
Delete "in a region designated under this
chapter"
Insert "located in the municipality"
Page 3, lines 7 - 15:
Delete all material and insert:
"Sec. 29.49.050. Applicability of program.
(a) A program established by a borough under this
chapter shall apply on an areawide basis.
(1) The governing body of a city
located within a borough that establishes a program
under this chapter may, by ordinance, opt out of
participation in the borough's program. A city that
opts out of the program shall forward a copy of the
ordinance to the borough within 30 days after adoption
of the ordinance.
(2) A city that opts out of
participation in a program established by a borough
may opt back into the borough's program by ordinance.
(b) A program established by a city under this
chapter shall apply throughout the 1 entire geographic
boundaries of the city.
(c) If a borough establishes a program under
this chapter after a city within the borough
establishes a program under this chapter, the borough
succeeds to all rights, powers, duties, assets, and
liabilities of the city existing under the city's
program.
Page 3, line 27:
Delete all material.
Page 3, line 28:
Delete "(E)"
Insert "(D)"
Page 3, line 31:
Delete "(F)"
Insert "(E)"
Page 4, line 2:
Delete "(G)"
Insert "(F)"
Page 4, line 5:
Delete "(H)"
Insert "(G)"
Page 4, line 7:
Delete "(I)"
Insert "(H)"
Page 4, line 29:
Delete all material.
Page 4, line 30:
Delete "(2)"
Insert "(1)"
Page 5, line 4:
Delete "(3)"
Insert "(2)"
Page 5, line 7:
Delete "(4)"
Insert "(3)"
Page 5, line 9:
Delete "(5)"
Insert "(4)"
Page 5, line 11:
Delete "(6)"
Insert "(5)"
Page 8, lines 21 - 22:
Delete all material and insert:
"(1) payments of contractual assessments on
property benefited under this chapter;"
Page 9, line 19:
Delete "region"
Insert "program"
Page 9, line 22:
Delete "region"
Insert "municipality"
Page 9, line 25:
Delete "region"
Insert "municipality"
Page 10, line 9:
Delete all material.
CHAIR TILTON objected for discussion purposes.
8:17:59 AM
REPRESENTATIVE HUGHES informed the committee that after working
with Mr. Therriault and speaking with the Matanuska-Susitna
Borough mayor, it seemed appropriate to address the concern of
choosing winners and losers by picking regions. The amendment
will allow cities to opt out if they so choose.
MR. THERRIAULT explained that the impact of [Conceptual]
Amendment 2 is that the government would no longer have the
power to apply PACE in a sub region of the borough or the city
but rather would have to be the entire area. Therefore,
language referring to the designation of a region has been
removed and now refers to it being areawide. In the case in
which a city within a borough wants to opt out, they can do so
by passage of an ordinance. The language in [Conceptual]
Amendment 2 also provides the city assembly the ability to opt
in later. He then explained that the language on page 2, lines
3-5, of [Conceptual] Amendment 2 addresses a situation in which
a city within a borough decides to allow PACE financing within
its boundaries and then the borough later wants to allow PACE
financing as well. In such a situation, the borough would
assume the city program and take on the city's program
obligations. The remainder of [Conceptual] Amendment 2 is
conforming language.
8:20:57 AM
REPRESENTATIVE HUGHES said that [Conceptual] Amendment 2 would
follow the principle as embodied in [HB 146] in which tax
exemptions would be areawide.
8:21:21 AM
The committee took a brief at ease.
8:22:42 AM
REPRESENTATIVE HUGHES clarified that Amendment 2 is conceptual.
8:22:57 AM
CHAIR TILTON withdrew her objection.
There being no further objection, Conceptual Amendment 2 was
adopted.
8:23:33 AM
REPRESENTATIVE SEATON moved to report CSHB 118, Version 29-
GH1021\H, Shutts, 3/25/15, as amended, out of committee with
individual recommendations and the accompanying zero fiscal
note. There being no objection, CSHB 118(CRA) was reported from
the House Community and Regional Affairs Standing Committee.
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