Legislature(2025 - 2026)GRUENBERG 120

04/08/2025 01:00 PM House ENERGY

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Audio Topic
01:10:36 PM Start
01:11:20 PM HB164
02:08:17 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 164 NET METERING PROGRAM & FUND TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
               HB 164-NET METERING PROGRAM & FUND                                                                           
                                                                                                                                
1:11:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MEARS  announced that the  only order of  business would                                                               
be  HOUSE  BILL NO.  164  "An  Act  relating  to a  net  metering                                                               
program; relating  to reduced  rates in the  form of  credits for                                                               
consumer-generators;  establishing a  net metering  reimbursement                                                               
fund; and providing for an effective date."                                                                                     
                                                                                                                                
1:12:03 PM                                                                                                                    
                                                                                                                                
ANNA  LATHAM,   Deputy  Commissioner,  Department   of  Commerce,                                                               
Community &  Economic Development,  gave introductory  remarks on                                                               
HB 164 on  behalf of Governor Dunleavy, prime sponsor.   She said                                                               
that the  Alaska State  Legislature (ASL)  and the  Department of                                                               
Commerce, Community  & Economic  Development (DCCED)  have worked                                                               
together to provide  renewable energy to the state  and said that                                                               
the Alaska Energy  Authority (AEA) has a  Renewable Energy Credit                                                               
(REC).  She touched on past legislation related to HB 164.                                                                      
                                                                                                                                
1:14:42 PM                                                                                                                    
                                                                                                                                
CURTIS THAYER, Executive Director,  Alaska Energy Authority, gave                                                               
invited  testimony  on   HB  164.  He  began   his  testimony  by                                                               
explaining that the AEA was  a state authorized corporation whose                                                               
board of directors  was appointed by the governor.   He said that                                                               
the  genesis  of  HB  164  came  from  a  recommendation  by  the                                                               
Governor's Energy  Task Force.   He  explained that  the proposed                                                               
legislation  would  establish  a  new  net-metering  program  for                                                               
Railbelt utilities  and integrate  new customers.   He  said that                                                               
consumer  generators  would  receive  monthly  credit  under  the                                                               
proposed  program   and  emphasized  that  HB   164  would  allow                                                               
utilities flexibility in how they  establish metering rates, such                                                               
as seasonally varying rates.                                                                                                    
                                                                                                                                
1:18:12 PM                                                                                                                    
                                                                                                                                
CONNER ERICKSON,  Director of Planning, Alaska  Energy Authority,                                                               
gave  invited  testimony  on  HB  164.   He  read  the  sectional                                                               
analysis  to HB  164 [included  in the  committee packet],  which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
          Section 1   Amends  subsection (a) of AS 42.05.391                                                                    
     (Discrimination  in  rates)  to expressly  exclude  new                                                                    
     section  AS  42.05.395   from  the  existing  statutory                                                                    
     prohibition  that public  utilities  may  not grant  an                                                                    
     unreasonable preference  or advantage to a  customer or                                                                    
     subject  a customer  to an  unreasonable preference  or                                                                    
     disadvantage.                                                                                                              
                                                                                                                                
     Section  2    Adds  a new  section  (AS 42.05.395,  Net                                                                    
     metering) to  require electric  utilities served  by an                                                                    
     electric reliability  organization and that  have total                                                                    
     calendar-year   retail    sales   exceeding   5,000,000                                                                    
     kilowatt-hours to  provide a net metering  service that                                                                    
     provides monthly bill credits  at the prevailing retail                                                                    
     rate and  allows the accrual  of account credits  on an                                                                    
     annual cycle  ending March  31 of  each year,  with all                                                                    
     unused credits expiring after that date.                                                                                   
                                                                                                                                
     Other   provisions  of   AS   42.05.395:  (1)   provide                                                                    
     customers with  existing self-generation  facilities to                                                                    
     opt to  receive net metering service  under the utility                                                                    
     tariff in  effect at the  time the  generation facility                                                                    
     was   installed;   (2)  preclude   electric   utilities                                                                    
     required  to  provide  net metering  service  under  AS                                                                    
     42.05.395  from  limiting   participation  in  its  net                                                                    
     metering   service  offering   unless  the   Regulatory                                                                    
     Commission  of Alaska  (RCA) finds  such limitation  is                                                                    
     necessary  to  protect  system reliability  or  prevent                                                                    
     rates for non-net metering  customers from being unjust                                                                    
     and  unreasonable;  (3)  allow  utilities  required  to                                                                    
     provide  net metering  service  under  AS 42.05.395  to                                                                    
     seek  recovery of  revenue losses  attributable to  the                                                                    
     provision of net metering service;  and (4) require the                                                                    
     RCA to  adopt regulations that establish  standards and                                                                    
     procedures for calculating  the eligible revenue losses                                                                    
     of  an   electric  utility  required  to   provide  net                                                                    
     metering service under AS 42.05.395.                                                                                       
                                                                                                                                
     Section  3    Adds  a new  section  (AS 42.45.015,  Net                                                                    
     metering  reimbursement fund)  establishing a  separate                                                                    
     net  metering reimbursement  fund, consisting  of money                                                                    
     appropriated  by  the  legislature and  other  sources,                                                                    
     within  the Alaska  Energy Authority  (AEA) to  provide                                                                    
     payments  to electric  utilities for  recoverable costs                                                                    
     under AS 42.05.395 and  RCA regulations implementing AS                                                                    
     42.05.395.                                                                                                                 
                                                                                                                                
     Section  4    Provides  for a  July  1, 2025  effective                                                                    
     date.                                                                                                                      
                                                                                                                                
1:21:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER asked  Mr. Erickson  to define  the term                                                               
"discrimination rates."                                                                                                         
                                                                                                                                
MR.  ERICKSON  explained  that the  tern  "discrimination  rates"                                                               
referred to  a the  obligation that  a public  utility had  to be                                                               
transparent in the rates they apply to their services.                                                                          
                                                                                                                                
1:24:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  asked if there  was enough labor to  keep up                                                               
with the demands of HB 64.                                                                                                      
                                                                                                                                
MR.  ERICKSON replied  that he  could not  speak directly  to the                                                               
labor availability in  the state and said that he  was aware of a                                                               
general increase in skilled laborers in the state.                                                                              
                                                                                                                                
1:28:03 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HOLLAND  asked for  clarification  with  regard to  the                                                               
flexibility of seasonal use rates that a utility might apply.                                                                   
                                                                                                                                
MR. ERICKSON pointed to Section  2 of the proposed legislation to                                                               
answer Representative Holland's question.                                                                                       
                                                                                                                                
1:29:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER asked  if it was fair to call  HB 164 the                                                               
"No man Left Behind Bill."                                                                                                      
                                                                                                                                
MR. ERICKSON  agreed that Representative Rauscher's  nickname for                                                               
HB 164 was a fair one.                                                                                                          
                                                                                                                                
1:30:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COSTELLO  asked about the timing  of the processes                                                               
that would be put into motion by HB 164.                                                                                        
                                                                                                                                
1:31:20 PM                                                                                                                    
                                                                                                                                
JOHN  ESPINDOLA, Commissioner,  Regulatory Commission  of Alaska,                                                               
answered committee  questions on HB 164.   He said that  it would                                                               
be up  to the  respective utilities to  update their  tariffs and                                                               
submit them to  the Regulatory Commission of  Alaska (RCA) within                                                               
45 days.                                                                                                                        
                                                                                                                                
1:32:40 PM                                                                                                                    
                                                                                                                                
MR. ERICKSON  spoke to slide  6 of a PowerPoint  presentation for                                                               
HB 164  [hardcopy included in  the committee packet],  which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     The AESTF, established  under Administrative Order 345,                                                                
     is  a   diverse  group  of  stakeholders   tasked  with                                                                  
     developing  a comprehensive  statewide energy  plan for                                                                  
     Alaska, with energy  affordability, energy reliability,                                                                  
     and energy  security and resilience being  paramount to                                                                    
     the plan.                                                                                                                  
                                                                                                                                
     Priority strategy  B-2: Alaska  Policy Recommendations,                                                                  
     seeks to "enhance  Alaska's departmental and regulatory                                                                    
     policies  to  spur  and sustain  renewable  energy  and                                                                  
     transmission  development  to   cut  energy  costs  and                                                                  
     advance economic prosperity for Alaska."                                                                               
                                                                                                                                
     To  assist  in  achieving  these  objectives,  priority                                                                    
     action  item  B-2.2   was  recommended  to  "strengthen                                                                
     Alaska's  Net Metering  energy framework,  tariffs, and                                                                  
     regulations  for   Alaska's  diverse   stakeholders  to                                                                  
     promote  net  metering renewable  energy  investments."                                                                    
     This  bill  is  advanced  in  direct  support  of  this                                                                    
     priority action item.                                                                                                      
                                                                                                                                
1:34:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HOLLAND asked  why a utility's fixed costs  would not be                                                               
covered under the proposed policies of  HB 164 and asked if there                                                               
were any alternative methods considered.                                                                                        
                                                                                                                                
MR. ERICKSON  reminded Co-Chair Holland that  current statute had                                                               
already allowed for  rate changes and spoke to  the difference in                                                               
energy demand, usage, and storage over a year's time.                                                                           
                                                                                                                                
1:39:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER asked  for a model of  the application of                                                               
the proposed renewable energy standard.   He stressed his opinion                                                               
that he  would need a  better idea  of cost disparity  across the                                                               
entire Railbelt region.                                                                                                         
                                                                                                                                
MR. ERICKSON  reported that the  AEA was  under path to  launch a                                                               
program  that would  essentially  allow for  at  least a  partial                                                               
reimbursement of ratepayers of a utility.                                                                                       
                                                                                                                                
1:42:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MEARS  asked how  many customers  would be  eligible for                                                               
the said reimbursement.                                                                                                         
                                                                                                                                
MR. ERICKSON  answered that 3300 net  metering participants would                                                               
be eligible for the aforementioned reimbursements.                                                                              
                                                                                                                                
1:43:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  asked  if  there were  any  federal  grants                                                               
available to fund the entire renewable energy standard.                                                                         
                                                                                                                                
MR. THAYER shared  his understanding that federal  grants were no                                                               
longer available to utilities on the Railbelt.                                                                                  
                                                                                                                                
1:45:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TILTON   asked  what  level  of   input  Railbelt                                                               
utilities had on the current draft of the proposed legislation.                                                                 
                                                                                                                                
MR.  THAYER  responded that  the  engagement  with utilities  was                                                               
based on the  size of the program they were  proposing.  He spoke                                                               
to the Matanuska Electric Association  (MEA)'s efforts to provide                                                               
data  and information  to the  legislature  in drafting  programs                                                               
like the ones  proposed in HB 164 and said  that more information                                                               
from more communities would be  needed to gather an accurate idea                                                               
of energy use across the state.                                                                                                 
                                                                                                                                
1:46:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HOLLAND  asked  what  the average  or  target  size  of                                                               
customer was for utilities along the Railbelt.                                                                                  
                                                                                                                                
MR. ERICKSON shared  his belief that there was no  target size of                                                               
customer  along the  Railbelt  and  said that  there  was a  size                                                               
restriction to the program that the HB 164 was proposing.                                                                       
                                                                                                                                
1:48:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TILTON   shared  her concern  that funds  could be                                                               
used for something beside their intended purpose.                                                                               
                                                                                                                                
MR. THAYER said that the state  would "know rather quickly if the                                                               
program  was  successful  or  not"  and  spoke  to  the  proposed                                                               
legislation's "novel approach" in  working to offset known energy                                                               
shortages along the  Railbelt.  He detailed the ways  that HB 164                                                               
would  encourage and  work to  establish energy  independence and                                                               
security for individuals along the Railbelt.                                                                                    
                                                                                                                                
1:50:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MEARS  asked if the  proposed legislation  contained any                                                               
sections that were  critical for the state to be  aware of in the                                                               
implementation of its policies.                                                                                                 
                                                                                                                                
MR. THAYER offered his belief that  a key component of bill could                                                               
be  problematic to  implement in  the way  that it  was currently                                                               
written.                                                                                                                        
                                                                                                                                
1:52:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked if  the  scale  of disparity  was                                                               
reflected only within the MEA or  across the entire Railbelt.  He                                                               
spoke to the general desire  of people along the Railbelt wanting                                                               
to develop renewable energy.                                                                                                    
                                                                                                                                
MR. ERICKSON  offered his understanding that  the disparity would                                                               
mainly   affect  individual   utilities   who   were  filing   an                                                               
application  for  the  recovery  of  costs.   He  said  that  the                                                               
decision on  whether or not to  install solar panels would  be up                                                               
to the  individual ratepayer.   He  said that  the intent  of the                                                               
proposed legislation was  to avoid fiscal harm  to the individual                                                               
ratepayer.                                                                                                                      
                                                                                                                                
1:55:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HOLLAND  shared  his understanding  that  the  proposed                                                               
legislation  would  carry  a  real  fiscal  note  and  asked  for                                                               
clarification on the possible costs of HB 164.                                                                                  
                                                                                                                                
MR. THAYER  said that the  AEA did anticipate  a real cost  to HB
164 and said that the zero  fiscal note was reflected in the idea                                                               
that  the  AEA   could  absorb  the  policies   of  the  proposed                                                               
legislation into its existing workload.                                                                                         
                                                                                                                                
1:57:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MEARS asked  how HB 164 could compel  utilities to start                                                               
net-metering.   She asked if the  policies of HB 164  could apply                                                               
to utilities off of the Railbelt.                                                                                               
                                                                                                                                
MR.  THAYER  emphasized the  regulatory  process  as a  means  to                                                               
compel utilities  to begin  net-metering.  He  said that  the AEA                                                               
did  not  want to  underestimate  the  possible effects  of  net-                                                               
metering.   He said  that utilities away  from the  Railbelt were                                                               
subject to  more individual  expenses and would  need to  rely on                                                               
more  collective   sources  of  energy  like   wind  turbines  or                                                               
hydropower.  He  said that there were 197 communities  not on the                                                               
Railbelt aside from  Juneau, Ketchikan, and Sitka,  many of which                                                               
did not display a pressing  need for new renewable energy sources                                                               
or policies.                                                                                                                    
                                                                                                                                
2:02:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked if the proposed  legislation would                                                               
affect people who were currently net-metering.                                                                                  
                                                                                                                                
MR.  ERICKSON  answered  that HB  164  would  "somewhat"  address                                                               
individuals who were net-metering  and said that the net-metering                                                               
fund could be used to offset existing revenue loss.                                                                             
                                                                                                                                
2:04:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HOLLAND  requested information regarding  the difference                                                               
between utilities  and their  rate structures.   He said  that he                                                               
was "looking  for consistencies" between utilities  and shared an                                                               
anecdote about his family cabin.                                                                                                
                                                                                                                                
2:05:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  MEARS   commented  that  the  RCA   could  provide  the                                                               
information that Co-Chair Holland had requested.                                                                                
                                                                                                                                
2:05:20 PM                                                                                                                    
                                                                                                                                
MR. ESPINDOLA  said that he  would work to provide  the committee                                                               
the requested information.                                                                                                      
                                                                                                                                
CO-CHAIR HOLLAND clarified that  the information he had requested                                                               
was  most  concerned  with  the   comparison  of  utilities  rate                                                               
structure and  base costs.   He  said that he  was looking  for a                                                               
scope on Railbelt utilities.                                                                                                    
                                                                                                                                
2:07:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MEARS announced that HB 164 would be held over.                                                                        

Document Name Date/Time Subjects
HB 164 Fiscal Note DCCED-RCA 3.27.25.pdf HENE 4/8/2025 1:00:00 PM
HB 164
HB 164 Fiscal Note DCCED-AEA 3.27.25.pdf HENE 4/8/2025 1:00:00 PM
HB 164
HB 164 Sectional Analysis version A 4.1.25.pdf HENE 4/8/2025 1:00:00 PM
HB 164
HB 164 Transmittal Letter 3.27.25.pdf HENE 4/8/2025 1:00:00 PM
HB 164
HB 164 version A 3.28.25.pdf HENE 4/8/2025 1:00:00 PM
HB 164
2025.04.07 AEA HB 164 Presentation to House Energy Committee (Final).pdf HENE 4/8/2025 1:00:00 PM
HB 164
2025.04.07 AEA HB 164 Presentation to House Energy Committee (Final).pptx HENE 4/8/2025 1:00:00 PM
HB 164