Legislature(2023 - 2024)ADAMS 519

04/26/2024 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 6:00 pm --
-- Delayed to 3:00 PM --
+ HB 260 CATASTROPHIC ILLNESS/MEDICAL ASSISTANCE TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 368 ELECTRICAL ENERGY & ENERGY PORTFOLIO STDS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 174 STATE FUND FIDUC DUTY:SOCIAL/POL INTEREST TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 169 FISHERIES REHABILITATION PERMIT/PROJECT TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 232 DISABLED VETERANS: RETIREMENT BENEFITS TELECONFERENCED
Heard & Held
HOUSE BILL NO. 368                                                                                                            
                                                                                                                                
     "An Act relating to clean energy standards and a clean                                                                     
     energy transferable tax credit; and providing for an                                                                       
     effective date."                                                                                                           
                                                                                                                                
Co-Chair Foster  invited the bill  sponsor and staff  to the                                                                    
table. He asked for a brief recap of the bill.                                                                                  
                                                                                                                                
6:06:43 PM                                                                                                                    
                                                                                                                                
Representative  Rauscher thanked  the committee  for hearing                                                                    
the  bill.  He  remarked  that  the  bill  was  critical  in                                                                    
addressing a  pressing economic  and strategic  issue facing                                                                    
the state.  He discussed  that the reserves  of economically                                                                    
recoverable  natural gas  in Cook  Inlet were  dwindling. He                                                                    
stated it was not only  an environmental issue, but a matter                                                                    
of  economic security  and energy  independence for  Alaska.                                                                    
The  bill was  about  preparing the  state  for the  future,                                                                    
ensuring it  was not caught  off guard as  energy landscapes                                                                    
evolved. He  noted there were  currently multiple  pieces of                                                                    
legislation  focusing  on various  angles  of  the issue  to                                                                    
address different parts  of the solution. He  stated that HB
368  was one  part  of  the solution.  The  bill proposed  a                                                                    
strategic  shift  toward  diversifying  the  state's  energy                                                                    
sources.  He detailed  that it  was  about making  practical                                                                    
investments  in  technologies  that could  sustain  Alaska's                                                                    
energy  needs for  the long-term  including hydrogen,  coal,                                                                    
micronuclear energy, wind, and solar.  He wanted to focus on                                                                    
how the  bill could bolster  the state's economy  and energy                                                                    
autonomy,  reduce  reliance  on  single  sources,  and  keep                                                                    
Alaska's robust  and competitive  on the national  stage. He                                                                    
highlighted that it was about  prudent planning and ensuring                                                                    
a  stable, prosperous  future for  all Alaskans.  He thanked                                                                    
the committee and asked to hear from his staff.                                                                                 
                                                                                                                                
6:09:23 PM                                                                                                                    
                                                                                                                                
CRAIG   VALDEZ,  STAFF,   REPRESENTATIVE  GEORGE   RAUSCHER,                                                                    
explained  that  the  bill  would   create  a  clean  energy                                                                    
portfolio  standard, setting  benchmarks for  the amount  of                                                                    
clean  energy  and  the  definitions   of  the  energy,  for                                                                    
increased amounts on the Railbelt.  The bill would add clean                                                                    
energy transferrable tax credits,  an incentive to build and                                                                    
produce  clean  energy  to   offset  dwindling  natural  gas                                                                    
supplies.  The bill  would add  statutory  language for  net                                                                    
billing as well as definitions.                                                                                                 
                                                                                                                                
Co-Chair  Foster   asked  to  hear   from  Ian   Walsh  with                                                                    
Legislative Legal Services regarding his legal memorandum.                                                                      
                                                                                                                                
6:10:31 PM                                                                                                                    
                                                                                                                                
IAN WALSH,  LEGISLATIVE COUNSEL, LEGISLATIVE  LEGAL SERVICES                                                                    
(via  teleconference), went  through  the  legal memo  dated                                                                    
April 24,  2024 (copy on  file) that explained  one possible                                                                    
issue  Legislative Legal  Services had  identified with  the                                                                    
legislation. He  explained that the  issue pertained  to the                                                                    
Alaska  Constitution's restrictions  on  enacting local  and                                                                    
special  legislation. The  constitution specified  that "the                                                                    
legislature shall pass no local  or special act if a general                                                                    
act  can be  made applicable."  He stated  that many  of the                                                                    
bill's provisions  focused on the Railbelt  and some focused                                                                    
on  particular areas  of  the Railbelt  such  as the  Copper                                                                    
Valley  Electric Association.  He elaborated  that the  bill                                                                    
may be  considered special legislation; therefore,  it would                                                                    
be  important   for  the  bill  to   survive  constitutional                                                                    
scrutiny to ensure that the  legislative record showed there                                                                    
was   a   fair   and   substantial   relationship   to   the                                                                    
classifications established by the legislation.                                                                                 
                                                                                                                                
Representative Ortiz asked Mr.  Walsh to further explain his                                                                    
last statement in simpler terms.                                                                                                
                                                                                                                                
Mr. Walsh replied  that it was difficult  to provide simpler                                                                    
language  for the  test that  had been  established for  the                                                                    
constitutional  provision.  He  explained that  the  special                                                                    
aspect  of  the  legislation  had to  have  relationship  to                                                                    
legitimate purposes.  He elaborated that if  the legislature                                                                    
could show  why there needed to  be a special aspect  of the                                                                    
act  and  that  a  more   general  act  could  not  be  made                                                                    
applicable under  the circumstances, the bill  could survive                                                                    
the constitutional scrutiny.                                                                                                    
                                                                                                                                
Co-Chair Foster stated his  understanding of the explanation                                                                    
with  an example.  He detailed  that if  the bill  specified                                                                    
that the tax  credits were available to the  Railbelt or for                                                                    
Homer it would be seen as  being too specific. He stated his                                                                    
understanding that the  laws should be more  like "these tax                                                                    
credits  are available  to the  entire state  or populations                                                                    
under  5,000  or  something"   instead  of  being  something                                                                    
specific to Homer for example.                                                                                                  
                                                                                                                                
Mr. Valdez agreed with the  explanation provided by Co-Chair                                                                    
Foster. He  relayed that the  bill's language was  built for                                                                    
any existing ERO  [Electric Reliability Organization]. There                                                                    
was  currently  only one  ERO,  but  the original  statutory                                                                    
language  written  several years  ago  allowed  for any  one                                                                    
organization  to be  created in  any part  of the  state. He                                                                    
reiterated that there was currently  only one ERO, which may                                                                    
change in the future. He  noted it was broadly applicable at                                                                    
present.                                                                                                                        
                                                                                                                                
6:14:07 PM                                                                                                                    
                                                                                                                                
Representative Stapp  directed a  question to Mr.  Walsh. He                                                                    
thought the  legislature did that  all of the  time already.                                                                    
He elaborated  that there were  rules about taxation  on the                                                                    
North Slope,  Middle Earth, and  Cook Inlet, which  were all                                                                    
geographic regions. He added that  the Alaska Marine Highway                                                                    
System (AMHS)  did not go  to Nome  in the summer.  He asked                                                                    
Mr. Walsh to provide clarification.                                                                                             
                                                                                                                                
Mr.  Walsh  responded  that  it was  not  a  prohibition  on                                                                    
enacting local and special  legislation, just a restriction.                                                                    
Under  the  circumstances,  there   were  likely  very  good                                                                    
reasons why  a more general  act or more  general provisions                                                                    
could  not  be  made  applicable.  He  stated  that  without                                                                    
knowing more  detail he  could not  be sure,  but presumably                                                                    
the  way  those  programs  were  implemented  would  provide                                                                    
constitutional scrutiny.                                                                                                        
                                                                                                                                
Representative  Stapp  asked   for  the  difference  between                                                                    
restricted and  prohibited. He viewed  the words  as meaning                                                                    
the same thing.                                                                                                                 
                                                                                                                                
Mr. Walsh  answered that it  was not an  all-out prohibition                                                                    
on  local   and  special  legislation,   the  constitutional                                                                    
language (Article  2 Section 19)  required that a  local and                                                                    
special act could  not be enacted if a general  act could be                                                                    
made applicable.                                                                                                                
                                                                                                                                
Co-Chair  Foster recognized  Representative Jesse  Sumner in                                                                    
the room.                                                                                                                       
                                                                                                                                
Representative Ortiz  noted that HB  307 had been  heard the                                                                    
previous  day  and  included the  word  "Railbelt"  numerous                                                                    
times throughout  the bill.  He did  not understand  why the                                                                    
committee  did not  receive the  same legal  warning for  HB
307. He asked what made HB 368 different.                                                                                       
                                                                                                                                
Mr. Walsh  agreed that  there were  many bills  including HB
307 that dealt with specific  geographic areas of the state.                                                                    
The  constitutional  provision  applied to  any  legislation                                                                    
that the legislature  might pass. The reason  he had written                                                                    
the legal memo  to HB 368 in particular was  because some of                                                                    
the provisions  in the bill  focused on the service  area of                                                                    
the  Copper Valley  Electric Association  so it  may not  be                                                                    
considered a statewide  application. He stated it  was a bit                                                                    
challenging  to give  firm conclusions  under the  provision                                                                    
and circumstance.                                                                                                               
                                                                                                                                
Co-Chair Foster asked  if the legal memo  had arisen because                                                                    
the question had been posed  by someone on the committee. He                                                                    
asked his staff to respond.                                                                                                     
                                                                                                                                
6:17:43 PM                                                                                                                    
                                                                                                                                
BRODIE   ANDERSON,   STAFF,  REPRESENTATIVE   NEAL   FOSTER,                                                                    
responded that a request had  been made by committee members                                                                    
in  response to  the plethora  of energy  legislation coming                                                                    
before  the committee  in  the past  two  weeks. He  relayed                                                                    
there   had  been   questions  about   some  of   the  legal                                                                    
applications in regard to how  the bills interacted with one                                                                    
another.  A  request had  been  made  for the  committee  to                                                                    
request  any  legal  memos  that may  have  come  up  during                                                                    
conversations  in prior  committees  and/or would  accompany                                                                    
bills coming to the House  Finance Committee. He had put out                                                                    
a blanket  request that if  there were any issues  raised or                                                                    
possibly could  be raised for  all of the energy  bills that                                                                    
they should be submitted to the co-chair's office.                                                                              
                                                                                                                                
Co-Chair  Foster reiterated  Mr.  Anderson's statement  that                                                                    
the memo  was a  blanket [request] because  it applied  to a                                                                    
couple  of other  bills  as  well. He  viewed  the issue  as                                                                    
Legislative Legal  advising the committee to  keep the issue                                                                    
in  mind, but  he  did not  hear them  saying,  "this is  an                                                                    
issue."                                                                                                                         
                                                                                                                                
Representative  Hannan directed  a  question  to Mr.  Walsh.                                                                    
She was  trying to find the  specific places in HB  368 that                                                                    
raised  the concern.  She  looked at  the  reference to  the                                                                    
Railbelt service  area and  Copper River  Valley Association                                                                    
on  page  4, lines  27  and  28.  She  did not  see  another                                                                    
reference until page  9 where Railbelt was  defined as Kenai                                                                    
to the  Interior. She asked  if there were  other references                                                                    
in  the bill  that  Mr. Walsh  believed  contributed to  the                                                                    
concern.                                                                                                                        
                                                                                                                                
Mr.  Walsh   responded  that   he  believed   the  instances                                                                    
highlighted   by  Representative   Hannan   were  the   only                                                                    
occurrences he  was aware  of that  would contribute  to the                                                                    
concern.  He  agreed with  Co-Chair  Foster  that it  was  a                                                                    
possible  issue   to  take   into  consideration,   but  not                                                                    
something that  would prevent  the legislature  from passing                                                                    
the  legislation.  He stated  that  the  memo was  mostly  a                                                                    
suggestion that  the record should be  sufficient to justify                                                                    
the focus on the local issues.                                                                                                  
                                                                                                                                
Co-Chair Foster asked to hear from two invited testifiers.                                                                      
                                                                                                                                
6:20:49 PM                                                                                                                    
                                                                                                                                
JULIE  ESTEY,  CHIEF  STRATEGY OFFICER,  MATANUSKA  ELECTRIC                                                                    
ASSOCIATION,  PALMER   (via  teleconference),   stated  that                                                                    
Alaska was  at a critical  point in energy  with uncertainty                                                                    
in the natural gas supply. On  the plus side, there were new                                                                    
innovative power  options that  were available  currently or                                                                    
on the horizon.  She listed energy sources  such as nuclear,                                                                    
energy storage, and  new ways of making  old generation such                                                                    
as  coal and  gas  more  efficient. Additionally,  renewable                                                                    
energy, which had  struggled to be competitive  in the past,                                                                    
was currently able to compete  more closely with some of the                                                                    
projected  fuel costs.  There  was also  a  large amount  of                                                                    
federal funding  available, which cut  the cost in  half for                                                                    
[Matanuska Electric  Association (MEA)] members.  She shared                                                                    
that  the  association had  members  asking  it to  be  more                                                                    
innovative  in  its  energy   solutions  by  looking  beyond                                                                    
traditional  supplies  and to  look  for  ways to  make  the                                                                    
existing  gas supply  last longer.  She stated  that luckily                                                                    
Alaska  had a  governor and  legislature that  were invested                                                                    
and motivated in  making changes to allow the  state to grow                                                                    
into a new energy future.                                                                                                       
                                                                                                                                
Ms. Estey stated  that as MEA looked towards  the new energy                                                                    
future, it  realized there were  many options on  the table.                                                                    
She explained that  almost all of the  options had benefits,                                                                    
costs, and  tradeoffs. She elaborated that  MEA was actively                                                                    
working  on  solutions  with gas  through  the  gas  working                                                                    
group, collaborative  projects with other utilities,  and on                                                                    
its own efforts. She stated  that individual utilities could                                                                    
not and  should not  go alone. She  expounded that  gone was                                                                    
the luxury  of just  thinking about  its own  ratepayers and                                                                    
service territories. The association  was now accountable to                                                                    
the system, region, and the rest of the state.                                                                                  
                                                                                                                                
Ms.  Estey  shared  that   MEA  appreciated  the  governor's                                                                    
leadership in  forming the energy  taskforce, which  she had                                                                    
spoken  about the  previous day.  There  were three  primary                                                                    
recommendations  including   the  transmission  unification,                                                                    
growing load,  and to  diversify generation.  She elaborated                                                                    
that  it included  looking at  innovation opportunities  and                                                                    
the  gas  supplies,  energy  security  and  resilience,  and                                                                    
keeping energy  costs competitive.  The first  action listed                                                                    
under  the strategy  in the  report was  to develop  a clean                                                                    
energy standard  with incentives  instead of  penalties. The                                                                    
recommendation  was  made  after  meetings  and  the  public                                                                    
process  and for  input from  the National  Renewable Energy                                                                    
Lab  indicating  that  cooperatives  be  opted  out  of  any                                                                    
penalties. She  relayed that two legislators,  Senator Click                                                                    
Bishop  and  Representative  George Rauscher,  were  on  the                                                                    
taskforce.  She appreciated  that  the  two legislators  had                                                                    
asked how  to realize  the recommendations.  She highlighted                                                                    
that SB 257  had come out of the  Senate Resources Committee                                                                    
[2024   legislation    pertaining   to    electric   utility                                                                    
regulation].    She    relayed    that    MEA    appreciated                                                                    
Representative  Rauscher's sponsorship  of  HB  368 to  make                                                                    
some of the concepts and recommendations actionable.                                                                            
                                                                                                                                
Ms. Estey relayed  that MEA had established its  own goal of                                                                    
50 percent clean  energy by 2050. The  association viewed it                                                                    
as  a  realistic  goal  and   aspirational  stretch  to  the                                                                    
limitations  of the  existing electric  system, rate  making                                                                    
realities, current  regulatory and  permitting environments,                                                                    
Alaska's  harsh  environmental,  and  lessons  learned  from                                                                    
other  countries  and states  that  did  too much  too  soon                                                                    
without  fully  understanding the  unintended  consequences.                                                                    
The association  appreciated that HB 368  aligned with MEA's                                                                    
target.                                                                                                                         
                                                                                                                                
Ms. Estey  shared that MEA appreciated  the bill's reachable                                                                    
goals. She  detailed that  if the goal  was good  policy, it                                                                    
should be  a catalyst for change  and should not set  up the                                                                    
industry  to  fail.  She elaborated  that  many  states  and                                                                    
countries  started  with  modest   goals  and  increased  as                                                                    
lessons  were learned,  and trust  was  gained. She  relayed                                                                    
that  many  states  had some  sort  of  renewable  portfolio                                                                    
standard,  clean   energy  portfolio  standard,   or  carbon                                                                    
reduction goals,  many were far  less aggressive  than "this                                                                    
one," although  some were  more aggressive.  The association                                                                    
also  appreciated  the  key role  transmission  played.  She                                                                    
shared that  the state's constrained  system was  a limiting                                                                    
factor. She explained  that progress could be  made with the                                                                    
constrained system,  but it was  limited. She  detailed that                                                                    
MEA had  the opportunity to  lower cost and risk  to members                                                                    
through  economies  of  scale of  sharing  projects  between                                                                    
utilities. Transmission  improvements would be  necessary to                                                                    
achieve  big goals  without incurring  costs  or relying  on                                                                    
unproven technology.                                                                                                            
                                                                                                                                
Ms.  Estey  relayed  that MEA  appreciated  provisions  that                                                                    
counted progress  in the standard  and the ability  to waive                                                                    
requirements if MEA was doing  its best, but things were not                                                                    
working  out.  She  stated  that   even  the  best  projects                                                                    
experience  delays.   One  of  the   association's  favorite                                                                    
projects on the system was  the Houston project, the largest                                                                    
utility  scale solar  project. She  detailed there  had been                                                                    
very willing participants  and MEA was excited  to work with                                                                    
the  developers.  There  were  great  financing  teams,  the                                                                    
borough  leased the  land  to  the project,  and  MEA got  a                                                                    
contract  through to  the  Regulatory  Commission of  Alaska                                                                    
(RCA). She noted that world  events and financing and supply                                                                    
chain  issues had  slowed progress;  therefore, the  project                                                                    
took longer than anticipated. She  added that projects would                                                                    
not all  run into those delays,  but it was an  example that                                                                    
there should  be acknowledgement  of progress even  if there                                                                    
was something beyond control. She  stated HB 368 allowed for                                                                    
that. Additionally,  the bill allowed for  a calculation for                                                                    
net metering  energy. She described  net metering  energy as                                                                    
rooftop solar or individual homes with small wind turbines.                                                                     
                                                                                                                                
Ms. Estey  highlighted that MEA supported  member choice and                                                                    
believed distributed energy systems  could be a component of                                                                    
meeting future  energy needs.  She stated  it allowed  for a                                                                    
provision  to  consider  a guesstimate  of  the  total  fuel                                                                    
offset rather  than what  came back  through the  meter. She                                                                    
detailed  that it  was an  acknowledgement that  even though                                                                    
someone may  only sell a  portion of  the power back  to the                                                                    
utility, it  was offsetting a  great deal more gas  on their                                                                    
side  of the  meter.  She stated  that  MEA appreciated  the                                                                    
provisions  in the  bill that  allowed that  to happen.  The                                                                    
provisions  also allowed  for energy  efficiency, which  was                                                                    
key. She  stated that  the cheapest fuel  was the  fuel that                                                                    
did  not  have  to  be  burned.  She  remarked  that  energy                                                                    
conservation  efforts  to  reduce  consumer  demand  or  the                                                                    
amount  burned   through  efficient  generation   should  be                                                                    
reinforced.  The  bill  reinforced collaboration  among  the                                                                    
utilities   to  achieve   goals.  True   to  the   taskforce                                                                    
recommendation, the bill included  incentives in the form of                                                                    
tax  credit  to incentivize  change  and  help with  project                                                                    
economics.  The  bill  also included  a  provision  for  net                                                                    
billing. She  detailed that it  allowed the RCA to  vary the                                                                    
rates MEA  could pay  back to members  based on  how helpful                                                                    
the  energy was  at any  given time.  She explained  that it                                                                    
decreased the potential for  cross subsidization between the                                                                    
haves  and the  have-nots.  Additionally, it  made room  for                                                                    
other  technologies. She  stated that  MEA's diversification                                                                    
goals  included   an  "all  of  the   above"  approach.  She                                                                    
highlighted  that   MEA  was  working  with   Golden  Valley                                                                    
Electric Association  (GVEA) on  a wind  project and  it was                                                                    
also  coordinating with  the association  on possibly  using                                                                    
coal.  She  relayed  that when  MEA  surveyed  its  members,                                                                    
typically  65 to  75 percent  responded they  wanted to  see                                                                    
more power with clean energy,  but cost and reliability were                                                                    
consistently listed as the top priority.                                                                                        
                                                                                                                                
6:30:35 PM                                                                                                                    
                                                                                                                                
Ms. Estey  continued that  all of the  options needed  to be                                                                    
left on  the table to  meet growing power needs  despite the                                                                    
uncertainty  of   Cook  Inlet   gas  supply  in   the  small                                                                    
vulnerable grid.  The association believed the  bill allowed                                                                    
for  a  full  complement   of  fossil  fuel,  thermal  based                                                                    
generation  sources, and  clean  energy.  The bill  provided                                                                    
MEA's  board  with  general state  direction  balanced  with                                                                    
local control  and flexibility to  make the best  choice for                                                                    
members.                                                                                                                        
                                                                                                                                
Ms.  Estey received  two primary  questions about  the bill.                                                                    
The first was  about coal being in a clean  energy bill. She                                                                    
agreed it  was creative and MEA  had not seen it  in another                                                                    
clean  energy bill.  She also  believed  it was  recognition                                                                    
that  "these are  crazy times."  She stated  it was  nice to                                                                    
have  all   options  on  the   table.  She  remarked   on  a                                                                    
consideration  of importing  LNG in  a resource  rich state.                                                                    
She  remarked  that  mine  mouth coal  likely  had  a  lower                                                                    
environmental  footprint than  importing  LNG,  likely at  a                                                                    
lower cost, and at lower risk.  She added that it would keep                                                                    
money  in  the  Alaskan  economy. She  reiterated  that  MEA                                                                    
wanted all options  on the table. She stated it  was not the                                                                    
right time to label energy as good or bad.                                                                                      
                                                                                                                                
Ms. Estey stated  that the second question  she received was                                                                    
whether the bill was necessary.  She viewed it as solving an                                                                    
old problem in some ways.  She elaborated that up until very                                                                    
recently clean  energy was a  nice thing to have  and people                                                                    
believed  the utilities  were not  moving  fast enough.  She                                                                    
relayed  that with  the recent  announcement by  Hilcorp and                                                                    
the  uncertainty  around  natural  gas,  it  brought  market                                                                    
forces to  play to  solve the problem  that often  moved the                                                                    
needle  much   faster  than   policy:  scarcity   and  price                                                                    
sensitivity.  The association  agreed with  Chris Rose  that                                                                    
alternate  forms of  energy including  renewables and  other                                                                    
clean energy  could start competing with  traditional fossil                                                                    
fuel options  at the projected fuel  prices. The association                                                                    
also agreed that scarcity and  price sensitivity would allow                                                                    
economics  in the  free  market to  naturally  drive a  more                                                                    
diverse energy portfolio.                                                                                                       
                                                                                                                                
Ms.  Estey relayed  that  MEA also  understood  there was  a                                                                    
benefit in  the legislature and governor  setting a standard                                                                    
to  give clear  directions, certainty,  and market  signals.                                                                    
She stated it  could provide direction to the  RCA and co-op                                                                    
board  to make  bold moves  toward the  common vision  of an                                                                    
energy transition.  She communicated  that MEA  believed the                                                                    
bill  contained a  common sense  clean energy  standard that                                                                    
was pragmatic,  aspirational, and flexible.  The association                                                                    
believed it  could act as  a catalyst for  energy transition                                                                    
for   diversification  and   stabilization   of  cost.   She                                                                    
communicated  that  reliability  was  key  and  keeping  the                                                                    
lights on  was essential. The association  could not support                                                                    
any   legislation   that    jeopardized   its   certificated                                                                    
responsibility   and   commitment   to  its   members.   The                                                                    
association  believed  the  bill   took  those  things  into                                                                    
account.  She   concluded  that  while  other   voices  were                                                                    
critical to  the process and developing  solutions, it would                                                                    
be  the  MEA   board  and  the  legislature   who  would  be                                                                    
accountable  for  the  success  or  failure  of  the  energy                                                                    
transition going forward.  The association appreciated being                                                                    
part of the solution.                                                                                                           
                                                                                                                                
6:34:49 PM                                                                                                                    
                                                                                                                                
Representative  Hannan  asked  about MEA's  energy  goal  by                                                                    
2050. She  asked Ms. Estey  if the  50 percent goal  was for                                                                    
renewable or clean energy.                                                                                                      
                                                                                                                                
Ms.  Estey responded  that it  was clean  energy. She  noted                                                                    
that the MEA board did not define the term.                                                                                     
                                                                                                                                
Representative Hannan  in the bill under  clean energy could                                                                    
include gas,  oil, nuclear, or  coal as long as  it involved                                                                    
sequestering  an equal  amount  to producing.  She asked  if                                                                    
those options had  been discussed by the MEA  board and were                                                                    
included in its goal.                                                                                                           
                                                                                                                                
Ms.  Estey  answered that  the  MEA  board did  not  provide                                                                    
specific direction  on the  specific technology.  She stated                                                                    
it was  a future  conversation MEA was  hoping to  have once                                                                    
there was  a better  picture of the  diversification options                                                                    
on the table.  She elaborated that MEA staff  was taking the                                                                    
more  common broad-based  approach  to  clean energy,  which                                                                    
included renewables  and some of  the newer  technologies to                                                                    
mitigate some  of the carbon  and manage some of  the carbon                                                                    
in its  traditional fossil fuels.  She noted that  the board                                                                    
had not provided any direction on the topic.                                                                                    
                                                                                                                                
Representative Hannan  asked if the MEA  board had discussed                                                                    
that it should  include coal and oil and gas  (as long as it                                                                    
was sequestering) when the board  developed the clean energy                                                                    
policy.                                                                                                                         
                                                                                                                                
Ms.   Estey   responded   that   there   were   some   broad                                                                    
conversations  and individual  comments made  about specific                                                                    
technologies.  She communicated  that  reliability and  cost                                                                    
were  the  number  one  priority   for  members,  which  was                                                                    
important  to the  board.   The  association  was hoping  to                                                                    
consider an  "all of  the above"  choice; currently  a whole                                                                    
suite of  options was on the  table. She stated that  the 50                                                                    
percent goal  meant 50  percent could  be from  clean energy                                                                    
and 50  percent could be from  thermal traditional resources                                                                    
currently in use.  She relayed that MEA was  currently at 15                                                                    
percent renewable  energy and 85 percent  thermal generation                                                                    
through natural  gas. She  added that  MEA used  some diesel                                                                    
and could switch to diesel in an emergency situation.                                                                           
                                                                                                                                
6:37:44 PM                                                                                                                    
                                                                                                                                
Representative  Galvin referenced  a statement  made by  Ms.                                                                    
Estey about  doing too much  too soon  without understanding                                                                    
unintended consequences.  She asked for  further explanation                                                                    
of the statement.                                                                                                               
                                                                                                                                
Ms.  Estey responded  replied that  in the  past there  were                                                                    
other bills  that suggested some more  aggressive goals. She                                                                    
considered the  realities of integrating new  kinds of power                                                                    
in MEA's system  as well as the  limited transmission system                                                                    
and  the  development  timeline.  She  explained  it  was  a                                                                    
reference to  ensuring there was  a realistic  timeline. She                                                                    
relayed  that MEA  was very  price  sensitive. She  detailed                                                                    
that  75  percent  of  its   members  were  residential  and                                                                    
included  small  businesses  and families.  The  association                                                                    
wanted to make sure there was  a long enough time horizon to                                                                    
allow  time  to  transition  properly   and  that  cost  and                                                                    
reliability were not negatively impacted  on the way to that                                                                    
future.                                                                                                                         
                                                                                                                                
Representative  Galvin  she  was  thinking  about  the  next                                                                    
generation and  2050 felt really far  out. She congratulated                                                                    
MEA for being at 15  percent [renewable energy] already. She                                                                    
understood they  did not  want to be  too aggressive  but at                                                                    
the same time she wanted to  make sure a statement was being                                                                    
made  that  the  state  was   moving  ahead  into  the  next                                                                    
generation of  energy. She referenced Ms.  Estey's statement                                                                    
that some  project delays  resulted from  circumstances that                                                                    
were no one's fault. She asked  how many years it would take                                                                    
to develop a large solar project.                                                                                               
                                                                                                                                
Ms. Estey  responded that MEA  was looking at  gas contracts                                                                    
shifting and changing by April  1, 2028. The association was                                                                    
keenly aware  of a timeline  and was  working as fast  as it                                                                    
could to  try to decrease  the amount of  gas it had  to use                                                                    
immediately and to  plan for that future.  She remarked that                                                                    
there were some obstacles in  the way including supply chain                                                                    
issues (it  now took a  couple of years  to get some  of the                                                                    
necessary  electrical   components),  permitting  associated                                                                    
with  putting up  a windfarm  including the  ability to  get                                                                    
barges  through   Cook  Inlet   and  potential   impacts  on                                                                    
wildlife. She  relayed that currently there  was scarcity in                                                                    
the market and  economics were a factor.  She explained that                                                                    
it would drive  more immediate action even  more than policy                                                                    
because the  things were  needed now.  She hoped  they could                                                                    
get there  faster, but  she also  understood that  at higher                                                                    
penetration   levels,  additional   transmission  would   be                                                                    
needed. She mentioned economic  and technical constraints of                                                                    
the transmission system in the  capacity and redundancy that                                                                    
could be  relied upon  when using  power from  other places.                                                                    
Additionally,  there   were  the  economic   distortions  of                                                                    
wheeling  and how  it  impacted price.  Many  of the  things                                                                    
needed to  be moved  around and  ideally out  of the  way in                                                                    
order to move  forward as fast as possible.  She agreed, the                                                                    
sooner the better.                                                                                                              
                                                                                                                                
Representative  Galvin highlighted  key  words  used by  Ms.                                                                    
Estey  including  reliability, cost,  redundancy,  capacity,                                                                    
and  things  around  supply  chain,  which  was  related  to                                                                    
permitting as well. She referenced  a large hydro project in                                                                    
Susitna  that  had not  begun  and  was possibly  dead.  She                                                                    
considered  that  if  it  was  built,  it  would  likely  be                                                                    
finished  by  2050.  She  asked  if  her  understanding  was                                                                    
accurate.                                                                                                                       
                                                                                                                                
Ms.  Estey believed  the answer  was yes  but would  need to                                                                    
confirm with others on the  timeline. She relayed that there                                                                    
were a lot of hurdles  with the specific project, especially                                                                    
with  permitting  and  financing.  She  explained  that  the                                                                    
transmission system would need to  be overhauled in order to                                                                    
move  that kind  of power.  She added  that there  were some                                                                    
people in  the MEA service  territory who were  very opposed                                                                    
to the  project; therefore, there were  likely legal hurdles                                                                    
as well.  She stated  that the  answer was,  "Possibly." She                                                                    
believed  that   it  would  be  necessary   to  decide  what                                                                    
direction  the  state wanted  to  go.  She highlighted  that                                                                    
large  hydro  or nuclear  projects  were  not something  MEA                                                                    
could do  on its  own; it  would require  collaboration with                                                                    
other  utilities  or  more likely,  collaboration  with  the                                                                    
state to  pick a path.  She relayed that MEA  looked forward                                                                    
to having  the discussion with the  governor and legislature                                                                    
on what the path could look  like and how to move forward as                                                                    
a state.                                                                                                                        
                                                                                                                                
Representative  Galvin thanked  Ms.  Estey  for her  helpful                                                                    
perspective.                                                                                                                    
                                                                                                                                
Co-Chair  Foster  asked  to hear  from  the  second  invited                                                                    
testifier.                                                                                                                      
                                                                                                                                
6:46:00 PM                                                                                                                    
                                                                                                                                
JEREMY  KASPER,  DIRECTOR,  ALASKA  CENTER  FOR  ENERGY  AND                                                                    
POWER, UNIVERSITY OF  ALASKA FAIRBANKS (via teleconference),                                                                    
thanked the  committee and  bill sponsor  for their  work on                                                                    
the bill.  He remarked that Ms.  Estey had done a  great job                                                                    
covering  a lot  of  the  basics of  the  bill. He  provided                                                                    
prepared remarks:                                                                                                               
                                                                                                                                
     The Alaska  Center for Energy  and Power is  an applied                                                                    
     research   institute  at   the  University   of  Alaska                                                                    
     Fairbanks  with a  mission to  develop and  disseminate                                                                    
     practical,   cost-effective,   and  innovative   energy                                                                    
     solutions. We have active projects  across a wide range                                                                    
     of  energy  subject  matter areas  including  a  recent                                                                    
     effort   with  the   utilities   to  analyze   multiple                                                                    
     scenarios for decarbonizing  the Railbelt electric grid                                                                    
     while  ensuring the  system could  continue to  operate                                                                    
     reliably and  cost-effectively. There  are a  number of                                                                    
     important   energy   policy   decisions   before   this                                                                    
     committee.  Yesterday we  heard about  House Bill  307,                                                                    
     which   relates  to   terms  as   how  we   manage  our                                                                    
     transmission network,  and I know you  have hearings on                                                                    
     that coming  up next week  as well. The bill  before us                                                                    
     now,  HB 368,  addresses the  complimentary aspects  of                                                                    
     the Railbelt  grid and clean  energy standard.  My goal                                                                    
     today  is   to  provide  insight  into   the  potential                                                                    
     benefits and  considerations associated  with renewable                                                                    
     portfolio  standards  (RPS)  as well  as  clean  energy                                                                    
     standards as  policy mechanisms available  for Alaska's                                                                    
     energy landscape.  My colleague  Miss Gwen  Holdmann is                                                                    
     scheduled to testify on Monday.                                                                                            
                                                                                                                                
     As we  consider options for  our state it's  helpful to                                                                    
     understand the difference between  the policies. An RPS                                                                    
     is  a binding  requirement  for  electric suppliers  to                                                                    
     procure  a  minimum  percentage of  energy  generation,                                                                    
     knowledgeable   renewable  energy   sources.  The   RPS                                                                    
     generally includes penalties, which  in the case of co-                                                                    
     ops,  they  potentially  flow   directly  down  to  the                                                                    
     customers. While  similar to  an RPS, the  clean energy                                                                    
     standard usually  considers a  broader set  of eligible                                                                    
     technologies and  the focus of  the CES is not  just on                                                                    
     renewable  energy,  but  also  typically  low  or  zero                                                                    
     carbon emitting energy sources.  Things like nuclear or                                                                    
     abated coal  (basically coal  with carbon  capture). If                                                                    
     effectively implemented, both an  RPS and a CES present                                                                    
     the  opportunity  to  displace natural  gas  for  power                                                                    
     generation usage  and conserve  Cook Inlet  natural gas                                                                    
     for later use in home heating in the Anchorage area.                                                                       
                                                                                                                                
     Most  of the  Railbelt utilities  have already  adopted                                                                    
     some  voluntary   targets  for  adding   renewables  or                                                                    
     reducing  carbon  output. Some  of  this  is driven  by                                                                    
     industry  demand.   For  example,   two  of   the  most                                                                    
     important customers  with GVEA  are Fort Knox  and Pogo                                                                    
     Mines. If  one of these  operations were to  shut down,                                                                    
     it would  result not  just in the  loss of  local jobs,                                                                    
     but the cost  to deliver power to  other GVEA customers                                                                    
     would  increase considerably.  Having those  industrial                                                                    
     customers  helps  keep  cost   at  a  minimum  for  all                                                                    
     consumers.  Many  industries   are  setting  their  own                                                                    
     internal  carbon  targets  for  their  operations.  For                                                                    
     example, Santos  has committed  to operating  the Pikka                                                                    
     field at a net zero  operation. Kinross, which owns and                                                                    
     operates Fort  Knox along with many  other mines around                                                                    
     the  world   has  also   set  aggressive   targets  for                                                                    
     decarbonizing their global  operations. Their Fort Knox                                                                    
     operation  is   one  of   the  most   carbon  intensive                                                                    
     operations  they have  and that  is certainly  a factor                                                                    
     that  industries  will  take into  account  whether  to                                                                    
     invest  in Alaska.  Several  of  the committee  members                                                                    
     joined  myself and  other ACEP  staff  to Iceland  late                                                                    
     last year. That  is a country with  cheap clean energy,                                                                    
     and  they are  turning away  industry because  they can                                                                    
     afford  to choosey  and there  are limits  on available                                                                    
     power. I hope  someday Alaska will be  in that enviable                                                                    
     position,  but  that  will  require  thoughtful  policy                                                                    
    choices including those before this committee now.                                                                          
                                                                                                                                
6:50:32 PM                                                                                                                    
                                                                                                                                
Mr. Kasper continued to provide prepared remarks:                                                                               
                                                                                                                                
     The  final  report  of  the  governor's  Alaska  Energy                                                                    
     Security   Taskforce   underscored   the   urgency   of                                                                    
     diversifying  our  energy  sources and  bolstering  our                                                                    
     energy  advance. One  of the  recommendations from  the                                                                    
     Railbelt subcommittee  was to establish a  clean energy                                                                    
     standard,  so I'm  happy to  see that  bill before  the                                                                    
     committee  now. Toward  these ends  both  ACEP and  the                                                                    
     National    Renewable   Energy    Laboratory   recently                                                                    
     completed  studies  of  future  electricity  generation                                                                    
     scenarios for  the Railbelt, what  they might  cost and                                                                    
     how they might work on the Railbelt grid.                                                                                  
                                                                                                                                
     Both  studies concluded  that a  diverse mix  of fossil                                                                    
     fuel power  plants and new technologies  such as hydro,                                                                    
     wind,  nuclear, and  tidal meet  the Railbelt's  future                                                                    
     electricity needs  while dramatically cutting  the fuel                                                                    
     cost of  power; however,  achieving these  fuel savings                                                                    
     requires major capital investment. An  RPS or a CES can                                                                    
     help  by  providing  a clear  market  signal  that  may                                                                    
     attract  private  sector  capital  and  private  sector                                                                    
     development of the clean energy industry.                                                                                  
                                                                                                                                
     It is also important  to recognize that implementing an                                                                    
     RPS and/or a CES may  have varying impacts depending on                                                                    
     the  specific context  of  Alaska's  energy sector  and                                                                    
     economy.   While   these   policies   offer   potential                                                                    
     benefits,    they   also    present   challenges    and                                                                    
     considerations that  merit careful  evaluation. Factors                                                                    
     such  as  cost  to  ratepayers,  reliability,  resource                                                                    
     availability,   technological  readiness,   stakeholder                                                                    
     engagement,  and other  economic considerations  should                                                                    
     be  thoroughly   [inaudible]  to  determine   the  most                                                                    
     suitable approach for the state.                                                                                           
                                                                                                                                
Mr. Kasper  concluded it was essential  to approach policies                                                                    
with  a  balanced  perspective,   taking  into  account  the                                                                    
state's  diverse  needs  and  priorities  and  by  carefully                                                                    
evaluating potential  benefits and challenges. He  stated it                                                                    
would  result   in  more   informed  decisions   that  would                                                                    
contribute to  a more sustainable and  resilient process and                                                                    
future for the state.                                                                                                           
                                                                                                                                
Co-Chair Foster thanked Mr. Kasper for his testimony.                                                                           
                                                                                                                                
6:52:58 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
6:53:30 PM                                                                                                                    
                                                                                                                                
KEN  HUCKEBA,  SELF,  WASILLA (via  teleconference),  stated                                                                    
that Ms.  Estey had not  disclosed her association  with the                                                                    
Renewable  Energy Alaska  Project  (REAP).  He rejected  the                                                                    
idea  that  the state  needed  to  do anything  with  carbon                                                                    
control. He  believed Alaska had such  a miniscule footprint                                                                    
and the  costs did not  come with  metrics on what  would be                                                                    
accomplished.  He did  not know  "why we're  chasing all  of                                                                    
these things" when  the state had reserves  to do otherwise.                                                                    
He stated that MEA did  not have 15 percent renewable energy                                                                    
sources when taking out the dam  they wanted to tear out. He                                                                    
remarked that  MEA wanted to  take a credit  for renewables,                                                                    
but it wanted  to take them out at the  same time. He stated                                                                    
that  wind  and  solar  were the  current  renewable  energy                                                                    
sources in Alaska  and that they run 11 to  42 times cost of                                                                    
what  many studies  projected. He  considered  the cost  and                                                                    
federal  money and  stressed that  residents paid  the taxes                                                                    
too.   He  underscored   that   the   energy  sources   were                                                                    
exorbitantly  expensive  and  unreliable. He  remarked  that                                                                    
individuals  had never  seen a  cost  analysis on  improving                                                                    
reliability. He  remarked that  individuals were  being told                                                                    
it  would  cost  hundreds  of  millions  of  dollars  to  do                                                                    
renewables  at  the cost  of  ratepayers  and the  state  to                                                                    
receive matching  funds. He stated that  renewables were not                                                                    
affordable.                                                                                                                     
                                                                                                                                
Mr.  Huckeba stated  that the  MEA board  met quarterly  and                                                                    
discussed whether  or not rates  needed to be  increased. He                                                                    
detailed that  it was based  on the inflow of  revenues from                                                                    
electrical  sales.  He  stated   that  a  large  portion  of                                                                    
electrical sales  would go  to profiteers  out of  state and                                                                    
the  money  would   not  be  rolled  back  in   to  pay  for                                                                    
infrastructure in  Alaska. He thought it  was inappropriate.                                                                    
He remarked that  the Watana Dam could be up  and running in                                                                    
about  four years  according to  the MEA  website and  there                                                                    
could  be  a gasline  and  use  existing infrastructure.  He                                                                    
never  saw a  cost analysis  on what  it would  cost to  use                                                                    
existing infrastructure for gas even  if it was imported. He                                                                    
referenced statements that it was  expensive, but he had not                                                                    
seen figures.  He remarked that  the money for  supply chain                                                                    
for many renewables was going out of state.                                                                                     
                                                                                                                                
Mr.  Huckeba  would   like  to  see  an   amendment  to  the                                                                    
legislation  so that  none of  the credits  went to  foreign                                                                    
entities or  investors. He reiterated  his objection  to the                                                                    
carbon  narrative. He  thought  the state  should do  things                                                                    
better than wind and solar.  He elaborated that the capacity                                                                    
factor  at  the  large  wind  farm in  Delta  was  about  11                                                                    
percent.  He highlighted  that on  the coldest  days it  had                                                                    
only generated 2 percent capacity.  He stated that residents                                                                    
were being  told that the  energy sources would  be cheaper,                                                                    
but  the transmission  and storage  had to  be built  out to                                                                    
make them viable. He emphasized  that Alaska had dark, cold,                                                                    
and inclement  weather, meaning  the storage  required would                                                                    
be  extremely  expensive in  the  trillions  of dollars.  He                                                                    
supported   the  use   of  gas   and  coal   without  carbon                                                                    
sequestration.  He stated  that  the  governor was  bragging                                                                    
about   getting    rid   of   emissions    requirements   on                                                                    
transportation. He wondered  why he could not do  it here as                                                                    
well. He thought the legislature  should strive for that. He                                                                    
remarked on Alaska's  minimal footprint and did  not want to                                                                    
see it  absorb costs for  changes to its  infrastructure. He                                                                    
thanked the committee for its time.                                                                                             
                                                                                                                                
6:59:25 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
Co-Chair Foster  set an  amendment deadline  for HB  260 for                                                                    
noon on Monday, April 29.                                                                                                       
                                                                                                                                
Representative  Coulombe asked  if any  members intended  to                                                                    
submit amendments.                                                                                                              
                                                                                                                                
Representative  Josephson  requested  time to  look  at  the                                                                    
bill, but he would likely not file an amendment.                                                                                
                                                                                                                                
Co-Chair  Foster set  an amendment  deadline for  HB 368  of                                                                    
Wednesday, May 1 at 5:00 p.m.                                                                                                   
                                                                                                                                
7:02:29 PM                                                                                                                    
                                                                                                                                
Representative Rauscher  clarified that  the bill  would not                                                                    
replace hydrocarbon or  coal usage. It would  merely offer a                                                                    
different   source  alongside   the  existing   sources.  He                                                                    
highlighted  that Cook  Inlet was  currently running  out of                                                                    
available gas. There were other  bills moving forward to try                                                                    
to "push  those forward and  make that more of  a successful                                                                    
campaign."  He  explained  that   HB  368  provided  another                                                                    
diversification that could be utilized  in the future to use                                                                    
less gas,  making more  available for  heating at  a cheaper                                                                    
price  if  more  could  not   be  found  in  the  inlet.  He                                                                    
elaborated that it  would stave off running out  [of gas] as                                                                    
quickly. Additionally,  he clarified  that the bill  did not                                                                    
dictate  anything   to  happen   with  carbon   capture  and                                                                    
sequestration. The  bill did  not make  changes to  how coal                                                                    
was currently burning  in powerplants in Alaska  and did not                                                                    
deter the process. He appreciated  the committee for hearing                                                                    
the bill.                                                                                                                       
                                                                                                                                
Representative Josephson  shared that  he had  prepared five                                                                    
amendments for  another of Representative  Rauscher's bills,                                                                    
HB 223. One of his concerns with  HB 368 was that it did not                                                                    
displace diesel or coal. He viewed  it as a problem with the                                                                    
bill  and he  believed a  number of  people in  the building                                                                    
would not find  it aggressive enough as an  RPS standard. He                                                                    
requested an amendment deadline of May 2 at 9:00 a.m.                                                                           
                                                                                                                                
Co-Chair  Foster believed  it was  a reasonable  request. He                                                                    
communicated the amendment  deadline would be May  2 at 9:00                                                                    
a.m.                                                                                                                            
                                                                                                                                
7:05:26 PM                                                                                                                    
                                                                                                                                
HB 368 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Foster reviewed the agenda for the following                                                                           
meeting.                                                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
HB260 Additional Documents-January 2024 Dept of Health 01.31.2024.pdf HFIN 4/26/2024 1:30:00 PM
HB 260
HB260 Sectional Analysis 02.01.2024.pdf HFIN 4/26/2024 1:30:00 PM
HB 260
HB260 FY25 Gov Operating Budget for DOH 02.01.2024.pdf HFIN 4/26/2024 1:30:00 PM
HB 260
HB260 Sponsor Statement 02.01.2024.pdf HFIN 4/26/2024 1:30:00 PM
HB 260
HB 368 Legal Memo 042424.pdf HFIN 4/26/2024 1:30:00 PM
HB 368