Legislature(2015 - 2016)BARNES 124

03/26/2015 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 149 NATIVE CORP. ART. AMENDMENTS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ HB 118 MUNI ENERGY IMPROVEMNT ASSESSMNTS/BONDS TELECONFERENCED
Heard & Held
         HB 118-MUNI ENERGY IMPROVEMNT ASSESSMNTS/BONDS                                                                     
                                                                                                                                
8:02:35 AM                                                                                                                    
                                                                                                                                
CHAIR TILTON announced  that the first order of  business would be                                                              
HOUSE  BILL  NO. 118,  "An  Act  adopting the  Municipal  Property                                                              
Assessed   Clean  Energy   Act;   authorizing  municipalities   to                                                              
establish programs  to impose assessments for  energy improvements                                                              
in  regions  designated  by  municipalities;  imposing  fees;  and                                                              
providing for an effective date."                                                                                               
[Before the committee is CSHB 118(ENE).]                                                                                        
                                                                                                                                
8:03:07 AM                                                                                                                    
                                                                                                                                
GENE  THERRIAULT, Deputy  Director, Energy  Policy, Alaska  Energy                                                              
Authority  (AEA), Department  of  Commerce,  Community &  Economic                                                              
Development (DCCED),  explained that this legislation  proposes an                                                              
entirely  new section to  allow municipalities  with property  tax                                                              
authority  to implement a  Property Assessed  Clean Energy  (PACE)                                                              
financing  mechanism.    This  mechanism   would  help  commercial                                                              
properties make  energy improvements to their properties  in order                                                              
to lower  their overall energy costs.   In 2010, the  Alaska State                                                              
Legislature established  a goal for  the state to  improve overall                                                              
energy efficiency by  15 percent by the year 2020.   Although [the                                                              
state] is  aggressively moving forward  to achieve that  goal, not                                                              
a  lot of  traction  has  been achieved  in  assisting/encouraging                                                              
commercial properties  to make energy  improvements.  There  are a                                                              
number  of  programs   that  do  assist  with   energy  efficiency                                                              
improvements  for residential  properties, state-owned  buildings,                                                              
municipally-owned  buildings,  and nonprofits.    He related  that                                                              
about  the   only  program  for   commercial  properties   is  the                                                              
commercial  facility   energy  audit  program,   which  encourages                                                              
owners  of commercial  buildings to  have energy  audits on  their                                                              
properties.   Although about 150  properties throughout  the state                                                              
have availed  themselves of  these energy  audits, there  has been                                                              
[little]  follow  through  or  action  on  those  recommendations.                                                              
Therefore,  there was  review  in terms  of  what can  be done  to                                                              
assist property  owners to follow  through [with the  energy audit                                                              
recommendations].   For those commercial properties  that have had                                                              
the  energy  audit  and made  the  recommended  changes  to  their                                                              
buildings  generally  achieve  a  30 percent  reduction  in  their                                                              
overall energy  costs annually.   The  aforementioned, he  opined,                                                              
means there  is a lot  of value to  capture.  Upon  reviewing what                                                              
other  states have  done in  this  area, AEA  has identified  PACE                                                              
financing as  a means to help  commercial properties  move forward                                                              
to  achieve energy  efficiency.    Mr. Therriault  explained  that                                                              
PACE  allows  local  governments  and lenders  to  make  loans  to                                                              
commercial  properties   the  repayment  of  which   is  collected                                                              
through a  mechanism in which a  voluntary assessment is  added to                                                              
the annual  property tax of  the commercial property.   Collecting                                                              
the  loan  payment  with  the  property   tax  provides  the  full                                                              
collection powers  of the property  tax, and  thus there is  a low                                                              
default rate and  low risk level.  Mr. Therriault  opined that low                                                              
risk  loans one  would  expect low  risk  capital,  which means  a                                                              
lower interest rate.   Another benefit of the use  of the property                                                              
tax as  a mechanism  to collect  the PACE loan  is the  ability to                                                              
stretch  out  the repayment  period.    With PACE,  the  repayment                                                              
period is  generally 10-20 years.   Mr. Therriault  explained that                                                              
the  goal  is   to  incentivize  commercial  properties   to  make                                                              
improvements  and experience  immediate  positive  cash flow  such                                                              
that  the savings  in energy  is more  than the cost  of the  loan                                                              
repayment.                                                                                                                      
                                                                                                                                
8:09:00 AM                                                                                                                    
                                                                                                                                
EMILY  FORD, Public  Outreach  Liaison, Alaska  Energy  Authority,                                                              
Department   of  Commerce,  Community   &  Economic   Development,                                                              
referring  to the  slide presentation  entitled  "HB 118  Property                                                              
Assessed  Clean  Energy (PACE),"  directed  attention  to slide  2                                                              
entitled "What is  Commercial PACE?" and highlighted  that PACE is                                                              
a  voluntary  program  for  municipalities,   commercial  property                                                              
owners, and  lenders.  She  also highlighted that  mortgage holder                                                              
consent  is required  prior  to  applications being  approved  and                                                              
assessments  placed.   The improvements,  she  noted, can  include                                                              
lighting upgrades,  renewable energy,  conversion to  natural gas,                                                              
high-efficiency   boilers,   and  additional   energy   efficiency                                                              
improvements.    The repayment obligation transfers  with the sale                                                              
of the property,  she related.  Ms. Ford then moved  on to slide 3                                                              
entitled "Benefits"  and opined that  the real benefit to  PACE is                                                              
that  the longer  repayment period  allows the  building owner  to                                                              
recognize  immediate operating  savings while  repaying the  debt.                                                              
She pointed  out that under  PACE traditional lending  sources can                                                              
be  used and  in  Alaska,  PACE  provides consistency  with  state                                                              
energy  policy, energy  efficiency,  and renewable  energy  goals.                                                              
As noted  on slide  4, 31  states have  authorized PACE  programs.                                                              
She pointed out  that the PACE program proposed in  HB 118 applies                                                              
to  commercial  properties  and state  legislatures  must  provide                                                              
authority  for   local  governments   to  establish   and  operate                                                              
commercial  PACE  programs.   Municipalities,  however,  have  the                                                              
flexibility  to create the  program and  select financing  models.                                                              
As  more states  look to  PACE financing  mechanisms as  a way  to                                                              
incent energy efficiency,  there's a wealth of  information online                                                              
including    sites   such   as    PaceNow.org   and    C-Pace.com.                                                              
Furthermore,  the  U.S.  Department  of  Energy has  a  packet  of                                                              
information  that includes sample  contracts, potential  marketing                                                              
materials, and  a how-to manual  for lenders, commercial  building                                                              
owners, and local  governments.  Slide 5 provides  examples of the                                                              
different  types  of  PACE  financing  models,  such  as  a  local                                                              
government-driven  model in  which the  program is  run through  a                                                              
government  office,  PACE  office,   or  the  property  assessment                                                              
office.   In  the  aforementioned  model, the  municipality  would                                                              
interface  with  the  commercial  property  owners  and  potential                                                              
lenders  and  bond financing  could  be  used for  the  efficiency                                                              
projects.   There  is  also the  possibility  of a  private-sector                                                              
driven  model  in  which  a third  party  administrator  is  under                                                              
contract  with the  local government  to  administer the  program.                                                              
Under this model,  the PACE program would exclusively  use private                                                              
financing  and  local  lenders.   However,  the  traditional  PACE                                                              
model is  a hybrid  model in which  all potential funding  sources                                                              
are identified including  bonds, revolving loan funds,  or private                                                              
capital.    Referring   to  slide  6,  Ms.  Ford   echoed  earlier                                                              
testimony  that HB 118  authorizes local  governments who  collect                                                              
property  taxes to  choose  to create  a  PACE  program and  allow                                                              
commercial property owners to opt-in.                                                                                           
                                                                                                                                
8:12:29 AM                                                                                                                    
                                                                                                                                
MS. FORD  pointed out  that the sectional  analysis of  HB 118 can                                                              
be  found on  slides 7-16,  which  she then  proceeded to  review.                                                              
The sectional analysis is included in the committee's packet.                                                                   
                                                                                                                                
8:21:34 AM                                                                                                                    
                                                                                                                                
MR.  THERRIAULT  summarized that  basically  HB 118  allows  local                                                              
governments  with property  tax powers  the option  to initiate  a                                                              
PACE program if  they so choose.  The legislation  simply provides                                                              
a  tool for  local  governments  to use  to achieve  lower  energy                                                              
costs.   The  language  includes  a number  of  protections.   For                                                              
instance,  an owner  of  a commercial  property  with an  existing                                                              
mortgage  to  Wells  Fargo  would  have to  ask  Wells  Fargo  for                                                              
permission  to initiate  PACE financing.    The aforementioned  is                                                              
required because the  PACE loan would become the  superior lien on                                                              
the  property  while  the  Wells   Fargo  loan  would  become  the                                                              
secondary lien.   Across  the nation, most  often the  property is                                                              
used  as the  collateral for  the  loan while  the PACE  financing                                                              
improves  the efficiency  and  competitiveness  of the  commercial                                                              
property.   Therefore,  by and  large many  lenders are  providing                                                              
that permission.   Mr. Therriault  related that because  there was                                                              
concern there would  be opposition from the lenders  in the state,                                                              
he  started a  conversation with  the  Alaska Banking  Association                                                              
early on in the  process.  The committee packet  includes a letter                                                              
from the  Alaska Banking Association  that says it  doesn't oppose                                                              
the legislation  so long as  it maintains the provision  requiring                                                              
approval from  the bank when  there is  an existing mortgage.   He                                                              
then pointed out  that a number of states learned  that initiating                                                              
PACE  without  a   certain  number  of  requirements   to  provide                                                              
consistency across  the state resulted in lenders  being unable to                                                              
determine  how PACE  worked  within the  state,  and thus  lenders                                                              
weren't forthcoming  with  the loans.   The aforementioned  caused                                                              
Texas to  modify its  PACE program  to achieve consistency  across                                                              
the state.   He  noted that HB  118 is  patterned after  the Texas                                                              
statute.                                                                                                                        
                                                                                                                                
8:25:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES   related  her  understanding   that  state                                                              
funding pays for  the energy audits of commercial  buildings.  She                                                              
then  inquired  as  to  how long  the  150  audits  of  commercial                                                              
buildings  that have  already been  done  are valid  and how  much                                                              
such  an  audit costs.    She  further  inquired  as to  how  much                                                              
funding is  available for the audit  program now.  She  also asked                                                              
whether the  state will be able  to continue to offer  the [energy                                                              
audit program].                                                                                                                 
                                                                                                                                
MR.  THERRIAULT said  that he  doesn't have  that information  and                                                              
deferred to Ms. Ford.                                                                                                           
                                                                                                                                
MS. FORD  answered that  through AEA's  Energy Efficiency  Program                                                              
there are  funds available and  another round of  solicitation for                                                              
the commercial  building energy audit  is occurring.   The funding                                                              
does  come from  AEA's  Energy Efficiency  Department.   Ms.  Ford                                                              
explained  that the audits  identify measures  that would  improve                                                              
the efficiency of  the building.  If no changes have  been made to                                                              
the building since  the audit, then the identified  measures would                                                              
remain  valid.  Therefore,  in such  a situation  Ms. Ford  didn't                                                              
believe there would  be an expiration date to  the identified list                                                              
of projects  that would  improve the  efficiency of the  building.                                                              
She offered  to provide  the cost  of the  individual audits  at a                                                              
later time.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUGHES  then requested  the  total  amount in  the                                                              
[Energy Efficiency Program] fund and the amount available.                                                                      
                                                                                                                                
8:28:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  directed attention to the  language on page                                                              
3, line  7, of HB  118, which  allows municipalities  to designate                                                              
the  boundaries of  an  area.   The aforementioned  ability  could                                                              
result in  municipalities  providing an advantage  to one  portion                                                              
of the  municipality  over another.   She inquired  as to  whether                                                              
there are any  protections against the aforementioned  and why the                                                              
aforementioned is even being allowed.                                                                                           
                                                                                                                                
MR.  THERRIAULT  explained  that   a  local  governing  body  that                                                              
proposes PACE  must first  put forth  a resolution regarding  what                                                              
is  being   considered.     An  ordinance   process  with   public                                                              
notification  and input  is then  the  next step  prior to  moving                                                              
forward with  the program  and identification  of the region.   He                                                              
reminded  the   committee  that   PACE  is  just   for  commercial                                                              
properties  and  thus  the  local   governing  body  may  want  to                                                              
restrict the  program to the portion  of the region  that contains                                                              
the  commercial  properties.     Furthermore,  there  could  be  a                                                              
situation within  the Fairbanks  North Star  Borough in  which the                                                              
City of  North Pole wants  to move forward  with the  PACE program                                                              
while  the City  of Fairbanks  does  not.   In the  aforementioned                                                              
situation, the borough  could work with the City of  North Pole as                                                              
a designated  area  to allow PACE  in that  region while  honoring                                                              
the  decision of  the  City of  Fairbanks to  not  offer the  PACE                                                              
program.   He reminded  the committee that  the debate  would have                                                              
to take  place at the  local level, the  assembly level,  in terms                                                              
of why a particular designation is made.                                                                                        
                                                                                                                                
8:31:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES   inquired  as  to  whether   it  would  be                                                              
possible for  a borough  to decide that  the entire  borough would                                                              
be a  PACE region,  although a  city within  that borough  chooses                                                              
not to participate.                                                                                                             
                                                                                                                                
MR. THERRIAULT confirmed that could be possible.                                                                                
                                                                                                                                
REPRESENTATIVE HUGHES  maintained that  she still doesn't  see the                                                              
protection as the  governing body could still choose  to designate                                                              
one business  district over another.   She opined that  it doesn't                                                              
seem problematic  for an entire municipality to  be the designated                                                              
region, particularly since it's an optional program.                                                                            
                                                                                                                                
MR. THERRIAULT  remarked that  he didn't  know why a  municipality                                                              
would want  to favor  one area over  another as  the program  is a                                                              
mechanism to help  all businesses.  He related that  the models he                                                              
has reviewed across  the nation have left the  [designation of the                                                              
region] to  the local elected officials.   However, he  offered to                                                              
check with  the national programs  regarding whether  the tendency                                                              
is the selection of one area or areawide.                                                                                       
                                                                                                                                
8:33:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  pointed out  that [AS 29.10.200  is amended                                                              
to add  PACE financing to  the list of  items in which]  home rule                                                              
municipalities  are allowed  to engage.   However, [AS  29.49.890]                                                              
of the legislation  specifies that [the proposed  PACE provisions]                                                              
apply  to  home rule  or  general  law  municipalities.   He  then                                                              
inquired as to why  the first provision only applies  to home rule                                                              
[municipalities].                                                                                                               
                                                                                                                                
MR. THERRIAULT  clarified that the  [proposed PACE program]  is to                                                              
be available  to any  municipality that  has any property  powers.                                                              
He  then  noted  that  a  Legislative  Legal  Services  memorandum                                                              
addressing  CSHB  118(ENE)  indicates   there  might  need  to  be                                                              
changes to  the language to  provide clarity  in this matter.   He                                                              
suggested  that  the  committee  is  likely  going  to  receive  a                                                              
proposed committee substitute addressing the aforementioned.                                                                    
                                                                                                                                
8:35:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked if the proposed PACE  financing could                                                              
be used  by only commercial  properties to finance  a distribution                                                              
system, while  residences wouldn't  have this mechanism  available                                                              
to them.   He  then pointed out  that the  language refers  to the                                                              
"useful  life,"   which  for  a   pipeline  might  be   30  years.                                                              
Therefore,  a  commercial  building   could  have  a  much  longer                                                              
timeframe.                                                                                                                      
                                                                                                                                
MR. THERRIAULT  stated that  this mechanism  wouldn't lend  itself                                                              
to the  financing of the actual  distribution system,  rather it's                                                              
only for loans  to improve the property.  [The  improvements] have                                                              
to  be  fixed  fixtures  to the  building,  the  envelope  of  the                                                              
building.  Therefore,  the PACE financing wouldn't  lend itself to                                                              
the  financing  of   an  assessment  by  a  local   government  on                                                              
distribution  pipes   going  down  the   street.    As   Ms.  Ford                                                              
explained,  although PACE  becomes a superior  lien, the  property                                                              
taxes  and  assessments placed  on  the  properties by  the  local                                                              
government  are ahead  of the PACE  financing.   However,  a local                                                              
improvement  district in  which all  of the  properties are  being                                                              
assessed  for  the  build-out  of   a  distribution  system  would                                                              
actually be ahead  of the special assessment for PACE  in terms of                                                              
collection.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON   requested  that  the  language   be  made                                                              
clearer as  the language  doesn't specify  the improvements  be on                                                              
the building envelope.   He expressed the need to  ensure that the                                                              
[PACE mechanism] is only used for what it is designed.                                                                          
                                                                                                                                
MR. THERRIAULT  noted that  the allowance of  fees is to  help the                                                              
property owner cover  any expense they might have to  put into the                                                              
energy  audit engineering  to  do  the improvements.    Basically,                                                              
that  expense  is  allowed  to  be  capitalized  as  part  of  the                                                              
financing.  He  then directed attention to the  definition on page                                                              
10, lines 8-11, which says:                                                                                                     
                                                                                                                                
     "qualified  improvement" means  a permanent  improvement                                                                   
     fixed to real  property and intended to  decrease energy                                                                   
     consumption or  demand, including a product,  device, or                                                                   
     interacting  group  of  products or  devices  that  uses                                                                   
     energy  technology  to  generate   electricity,  provide                                                                   
     thermal energy, or regulate temperature;                                                                                   
                                                                                                                                
MR.   THERRIAULT  stated   that   the  aforementioned   definition                                                              
wouldn't include the distribution system coming down the street.                                                                
                                                                                                                                
8:39:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD surmised  that since  there is no  fiscal                                                              
note for HB 118,  there will be no cost to the state  at all.  She                                                              
noted the  lack of letters  of support for  HB 118.   However, she                                                              
questioned  who will  pay for  [the  audits and  financing].   She                                                              
then expressed  concern  with the  use of the  terms "impose"  and                                                              
"imposing" in  the title of  the legislation and  wanted assurance                                                              
that this  isn't a situation in  which big government  is creating                                                              
more big government.   She then inquired as to AEA's  role in this                                                              
[program].                                                                                                                      
                                                                                                                                
MR. THERRIAULT  explained that  AEA's role  is to find  mechanisms                                                              
to incent  businesses to  do the energy  improvements in  order to                                                              
achieve the  2010 energy  efficiency goal.   The term  "impose" in                                                              
the  title  is   used  because  the  property   owner,  through  a                                                              
contractual agreement  with the  local government, is  agreeing to                                                              
have  an  assessment placed  on  their  property  tax bill.    The                                                              
program, he  reminded the committee,  is completely  voluntary for                                                              
the local government  and local business.  Furthermore,  the banks                                                              
aren't required  to provide  the financing,  rather the  [program]                                                              
provides  this optional  tool.   With regard  to the fiscal  note,                                                              
the local  government has options [as  to how to structure  such a                                                              
program].   The legislation  seeks  to create  a certain level  of                                                              
uniformity  to  increase  comfort  of  lenders  with  a  statewide                                                              
program.                                                                                                                        
                                                                                                                                
MS. FORD  informed the  committee that  discussion with  two other                                                              
states  regarding  the impacts  on  municipalities  found that  it                                                              
depends on  the type of model  the municipality choses  to impose.                                                              
Minnesota chose  to assess  .5 percent  interest on the  financing                                                              
mechanism in  order to cover the  cost of the program.   Minnesota                                                              
has  been able  to  absorb the  additional  work through  existing                                                              
staff.  Minnesota  has implemented the "Main Street  Model," which                                                              
is  designed very  lean  and has  been very  successful.   On  the                                                              
other side  of the  spectrum, Vermont  has a statewide  efficiency                                                              
utility.    Therefore,  a  separate PACE  staff  and  office  were                                                              
established.     As  mentioned   earlier,  this  is   a  voluntary                                                              
structure.   She  noted that  application  fees were  purposefully                                                              
kept low while trying  to pay for the cost of  the program through                                                              
the application fees.                                                                                                           
                                                                                                                                
8:44:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  restated her question regarding  who will                                                              
pay for  this, adding  that  she wants  to be sure  that isn't  an                                                              
Environmental  Protection   Agency  (EPA)  at  the   local  level.                                                              
Representative  Reinbold stressed that  the program  doesn't sound                                                              
voluntary as  it uses terms such  as "impose."  She  also restated                                                              
the need  to be  sure the  proposal in  HB 118  isn't a growth  in                                                              
government,  particularly  since   there  is  a  need  to  attract                                                              
businesses to the state.                                                                                                        
                                                                                                                                
MR.  THERRIAULT   responded  that   each  local  government   will                                                              
determine  whether it  has funds  for the program  or whether  the                                                              
program  would  be  established  as self-funding.    As  Ms.  Ford                                                              
related, the language  of HB 118 allows that when  loans are made,                                                              
a percentage  can be added  to the interest  of the loan  to cover                                                              
the cost  of the  program.  Therefore,  the cost  can be  borne by                                                              
those who choose  to apply for the loan to make  the improvements.                                                              
In a  situation in which  there are no  applications, there  is no                                                              
income and no  expense.  The legislation, he  reiterated, has been                                                              
structured to provide  flexibility at the local  government level.                                                              
The zero  fiscal note  reflects  the intent that  the state  won't                                                              
contribute  any funds  to  the operation  of  the local  programs.                                                              
The legislation  merely creates the  mechanism by which  the local                                                              
governments can decide how to cover the expense of the program.                                                                 
                                                                                                                                
8:47:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND related her  appreciation with  regard to                                                              
how the  PACE program and  financing works, particularly  with the                                                              
use of the  property tax mechanism  that's already in place.   She                                                              
related  her  understanding  that  HB  118  intends  to  encourage                                                              
commercial  properties to  participate  in  the energy  efficiency                                                              
program.   She then  expressed concern  with mixed-use  properties                                                              
that have  offices and  private residences.   For example,  in her                                                              
neighborhood  there is  a 30-year  old building  that has  several                                                              
stories of  offices; office condominiums  on the ground  floor and                                                              
the  second   and  third  floors   while  the  upper   floors  are                                                              
individually  owned  condominiums.   She  questioned  whether  the                                                              
PACE  program  has the  flexibility  to  be  adaptive to  a  joint                                                              
energy efficiency project such as the aforementioned building.                                                                  
                                                                                                                                
MR. THERRIAULT  opined yes, and  pointed out that  the legislation                                                              
includes a language  specifying that a multi-family  dwelling with                                                              
four or  more [units]  does qualify as  a commercial  property and                                                              
for PACE  financing.   For instance, a  building with  mixed light                                                              
industrial  or retail  on  the ground  floor  and  more than  four                                                              
residential units in the upper floors would qualify.                                                                            
                                                                                                                                
REPRESENTATIVE    DRUMMOND   surmised    that   the    homeowners'                                                              
association   would  have   to  agree  to   the  group   financing                                                              
additions.                                                                                                                      
                                                                                                                                
MR.  THERRIAULT   said  he  hadn't  thought  of   the  condominium                                                              
example,  and thus  he offered  to  obtain information  on such  a                                                              
situation from the national resources.                                                                                          
                                                                                                                                
8:50:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NAGEAK remarked  that  fees are  ubiquitous in  an                                                              
individual's  everyday   life,  and   they  are  passed   on  from                                                              
businesses to customers.                                                                                                        
                                                                                                                                
MR.  THERRIAULT explained  that  the  fee language  in  HB 118  is                                                              
present to  clarify that  the local government  has the  option to                                                              
cover the cost of  operating the program by charging  fees.  Local                                                              
governments  that utilize the  PACE mechanism  will do  so because                                                              
they  want  to  help  local  businesses   make  energy  efficiency                                                              
improvements.   If fees are high  and the PACE program  is used as                                                              
a profit center,  the expense to the businesses  will be increased                                                              
to  the point  that  they won't  take  out the  loans.   Since  no                                                              
business can be  forced to take out the loans,  the aforementioned                                                              
would be  self-defeating, he opined.   Mr. Therriault  related his                                                              
belief that the fees wouldn't get out of hand.                                                                                  
                                                                                                                                
8:52:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention the  language "including                                                              
through  lease" on  page 7,  line  23.   He then  asked how  there                                                              
could  be long-term  financing for  something  acquired through  a                                                              
lease.                                                                                                                          
                                                                                                                                
MR.  THERRIAULT  related  his  understanding   that  the  language                                                              
allows  for  improvements  that  can  utilize  equipment  that  is                                                              
leased.    For instance,  solar  panels  could  be leased  from  a                                                              
provider that  performs the  maintenance on  the panels  while the                                                              
energy is provided  to the building.  He opined  that the language                                                              
to  which  Representative  Seaton's  referring  is  to  allow  the                                                              
expense of adding  such equipment to a commercial  property in the                                                              
financing.                                                                                                                      
                                                                                                                                
8:53:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  inquired as to how that  lease would relate                                                              
to  PACE financing  with  regard  to the  potential  indeterminate                                                              
term  on the  lease.   He requested  information  regarding how  a                                                              
lease would interact with PACE financing.                                                                                       
                                                                                                                                
MR.   THERRIAULT  agreed   to  provide   some  specific   examples                                                              
illustrating why the language was included in the legislation.                                                                  
                                                                                                                                
8:54:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HUGHES  related   her   understanding  that   the                                                              
legislation  doesn't  require  any  state  or  local  dollars  and                                                              
allows private  lenders and  businesses to be  in agreement.   She                                                              
asked  whether  this  program  is   viewed  as  an  incentive  and                                                              
business  friendly.    She  then  asked  whether  businesses  have                                                              
specifically requested this program or shown interest in it.                                                                    
                                                                                                                                
MR.  THERRIAULT  confirmed  that  the  legislation  is  trying  to                                                              
create an  incentive and  be business friendly.   He  informed the                                                              
committee  that he recommended  the legislation  be modeled  after                                                              
the  Texas program  as  many of  the sensitives  and  pro-business                                                              
attitude in  Texas are similar to  those in Alaska.   Furthermore,                                                              
through  his  participation  as  a  board  member  of  a  national                                                              
organization   of  energy  officials,   he  interacted   with  the                                                              
representative from  Texas and determined  that the  Texas program                                                              
would be  a good fit  for Alaska and  would be viewed  as business                                                              
friendly.  He noted  that although he hasn't yet  promoted this to                                                              
businesses,  the head  of the  Alaska Municipal  League (AML)  has                                                              
previously  related supported  for this.   He  then noted  that he                                                              
was  sensitive to  local  lenders,  and thus  he  worked with  the                                                              
banking  industry  early  on  and  received  the  letter  of  non-                                                              
objection so  long as the protection  provision is included.   Mr.                                                              
Therriault  directed attention  to the  language on  page 9,  line                                                              
28, that  prohibits making "the  issuance of a permit"  contingent                                                              
on  a business  using PACE  financing.   The  local government  is                                                              
specifically  not allowed  to coerce  businesses  or lenders  into                                                              
participating  in   the  PACE  financing.    Again,   the  program                                                              
proposed   in  HB  118   is  voluntary   for  local   governments,                                                              
businesses, and lenders.                                                                                                        
                                                                                                                                
REPRESENTATIVE   HUGHES  requested   information  regarding   what                                                              
businesses are thinking about HB 118.                                                                                           
                                                                                                                                
8:58:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES emphasized  that  the  state funding  being                                                              
used  for  the audits  may  dry  up.    If the  state  funding  is                                                              
eliminated,  she  asked  whether  PACE  would  allow  the  initial                                                              
audits to be covered through this program.                                                                                      
                                                                                                                                
MR.  THERRIAULT  replied  yes,   and  explained  that  the  audits                                                              
required  by  the  program  can  be  rolled  into  the  financing.                                                              
Therefore, the  cost of the audit  can be spread over  a number of                                                              
years.    The goal,  he  said,  is  to assure  the  annual  energy                                                              
savings are  larger than  the costs to  improve the  building such                                                              
that the business sees immediate positive cash flow.                                                                            
                                                                                                                                
9:00:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND directed attention  to the  definition of                                                              
"real  property" on  page 10, lines  14-15, which  says it  "means                                                              
privately  owned commercial  or  industrial real  property".   She                                                              
then  pointed  out  that  real  property  applies  to  residential                                                              
property  as well.    Therefore,  the "real  property"  definition                                                              
would have to be  expanded in order for the PACE  program to apply                                                              
to  the  mixed  use  building  example   she  referenced  earlier.                                                              
Although  multi-unit  apartment  buildings  that  are owned  by  a                                                              
single   entity  would   qualify  as   commercial  property,   the                                                              
definition of "real  property" would have to be  expanded in order                                                              
for a  group of individually  owned condominiums that  are located                                                              
in a  building that  has commercial  property  to qualify  for the                                                              
PACE program.                                                                                                                   
                                                                                                                                
9:01:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES recalled  that  mortgage  lenders' have  to                                                              
consent to  the PACE financing since  it would become  the primary                                                              
lien.   Therefore,  she inquired  as to whether  lenders have  not                                                              
given consent in other states.                                                                                                  
                                                                                                                                
MR. THERRIAULT  acknowledged  that lenders  not giving consent  to                                                              
PACE  financing  is  a  possibility.     However,  the  experience                                                              
nationwide  is that  as the  private  lending institutions  become                                                              
more   comfortable  with   PACE   financing,   more  approval   is                                                              
occurring.  Most  often the property itself is  the collateral for                                                              
the  commercial  loan  on  the   business  and  through  the  PACE                                                              
financing that collateral  is being improved.  He  opined that the                                                              
lenders  understand that  both the  physical  asset and  financial                                                              
viability  of the  business using  that asset  is being  improved.                                                              
The aforementioned,  he opined,  is why  PACE is gaining  traction                                                              
across  the  nation.     Still,  there  are  no   guarantees  that                                                              
individual banks will approve this financing mechanism.                                                                         
                                                                                                                                
9:03:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON questioned  whether  designating an  entire                                                              
municipality  [as eligible  for PACE financing]  would expand  the                                                              
necessary funds  such that the  municipality's reserves  might not                                                              
be   sufficient   to   provide   financing.     He   agreed   with                                                              
Representative  Hughes  that the  picking  of winners  and  losers                                                              
shouldn't  occur, but  requested  analysis  regarding whether  the                                                              
financing   would   be   limited   [by   designating   an   entire                                                              
municipality as eligible for PACE financing].                                                                                   
                                                                                                                                
9:04:33 AM                                                                                                                    
                                                                                                                                
CHAIR  TILTON  announced  that   she  was  passing  the  gavel  to                                                              
Representative Seaton and intended to hold HB 118.                                                                              
                                                                                                                                
9:05:00 AM                                                                                                                    
                                                                                                                                
VICE CHAIR SEATON opened public testimony.                                                                                      
                                                                                                                                
9:05:18 AM                                                                                                                    
                                                                                                                                
CHRIS ROSE,  Executive Director,  Renewable Energy Alaska  Project                                                              
(REAP),  began  by   informing  the  committee  that   REAP  is  a                                                              
nonprofit  coalition of  over 80  organizations  around the  state                                                              
that  all support  renewable energy  and energy  efficiency.   Mr.                                                              
Rose said  REAP has been promoting  the idea [embodied  in HB 118]                                                              
for several years  and is in full support of HB  118.  He stressed                                                              
that  the state  is in  a  fiscal crisis  and  a lot  of money  is                                                              
needlessly being  wasted on energy costs.  Collectively,  those in                                                              
the  state  are   spending  $5-6  billion  on   energy,  including                                                              
transportation,  heat, and  electricity.   The  State of  Alaska's                                                              
utility  bill  is about  one-tenth  of  the collective  costs,  an                                                              
estimated  $642  million  for  heat and  electricity.    From  the                                                              
existing  [energy efficiency]  programs, such  as the  residential                                                              
weatherization program  that has saved  over 30 percent  in energy                                                              
costs, a  conservative estimate  for saving  energy for  buildings                                                              
is 20 percent.   A savings of 20 percent of $5-6  billion per year                                                              
on energy  efficiency keeps $1 billion  a year circulating  in the                                                              
state.   Commercial buildings are  a big portion [of  energy costs                                                              
in  the state].    The  commercial sector  has  been  left out  of                                                              
energy  efficiency programs,  which is  why this  makes sense,  he                                                              
said.   With  the  banks'  involvement,  the financing  is  almost                                                              
unlimited  and the  goal  is for  the [commercial  buildings  that                                                              
avail themselves  of the PACE  financing] to obtain  positive cash                                                              
flow from  the beginning.   He  noted that  over 30 states  [offer                                                              
PACE financing].   In  fact, the idea  of property assessed  clean                                                              
energy  was   originally  conceived  for  residential   consumers.                                                              
However, the  Federal National  Mortgage Association  (FNMA) known                                                              
as  Fannie Mae  and  the Federal  Home Loan  Mortgage  Corporation                                                              
(FHLMC) known as  Freddie Mac didn't like that  the local property                                                              
tax assessment  district has  the superior  lien because  they buy                                                              
most of the mortgages  in the country.  The aforementioned  is why                                                              
the  program isn't  designed  for residences.    Still, the  [PACE                                                              
program] makes  a lot of sense,  he opined, particularly  in terms                                                              
of the jobs that  would be created through the  retrofits of these                                                              
[commercial]  buildings.   He informed  the  committee that  4,000                                                              
jobs  have been  created through  the residential  weatherization,                                                              
but now those  folks are concerned with the declining  funding for                                                              
the residential  program.   This legislation  would be one  way in                                                              
which those  folks could keep their  jobs because the  same skills                                                              
they  are using  in the  residential  sector  can be  used in  the                                                              
commercial  sector.   Mr. Rose  then highlighted  that under  this                                                              
proposed financing  the loan goes with the building,  and thus one                                                              
doesn't  have to  worry whether  the return  on investment  occurs                                                              
during ownership because  the next owner of the  building will see                                                              
a  building that  is more  attractive  since it's  worth more  and                                                              
more energy  efficient.   In conclusion,  Mr. Rose encouraged  the                                                              
committee's support for HB 118.                                                                                                 
                                                                                                                                
9:09:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  inquired  as  to  how  this  legislation                                                              
could benefit mixed use properties.                                                                                             
                                                                                                                                
MR. ROSE said he  couldn't speak to whether Fannie  Mae or Freddie                                                              
Mac  have  any involvement  in  mixed  use  loans, but  he  didn't                                                              
believe they do.   He opined that a mixed use  building likely has                                                              
a commercial  loan  and wouldn't  be involved  with Fannie  Mae or                                                              
Freddie Mac, and thus this financing would be available.                                                                        
                                                                                                                                
REPRESENTATIVE  DRUMMOND  asked if  that would  be  the case  even                                                              
with a  collection of  separate owners.   For example,  a building                                                              
in her  district has  16 residential  condominiums and  4-5 office                                                              
condominiums  all of  which are  owned by  different entities  and                                                              
are financed separately.                                                                                                        
                                                                                                                                
MR. ROSE opined  that a lot of  the physical plan of  the building                                                              
is operated  by one  entity.   The building  likely has  one large                                                              
heating  and cooling  system and  whoever owns  and pays for  that                                                              
would take  the PACE  loan.   He related  his assumption  that the                                                              
energy costs are  passed on to those in the building,  but said he                                                              
would have to see how the building is set up to answer.                                                                         
                                                                                                                                
REPRESENTATIVE  DRUMMOND   related  her  understanding   from  the                                                              
online  property  tax  assessments   that  this  building  is  all                                                              
electric, and  therefore it's ripe  for this kind  of improvement.                                                              
Still,  Representative  Drummond  said  she  didn't  see  how  the                                                              
program proposed  in HB 118 would  cover this building  unless the                                                              
definitions  in  the legislation  are  changed to  include  multi-                                                              
owner and multi-use facilities.                                                                                                 
                                                                                                                                
MR. ROSE  stated his agreement that  it's important to  expand the                                                              
definition  because   the  only  limitation  on   using  the  PACE                                                              
financing  in residential  areas  has been  at  the federal  level                                                              
with Fannie Mae and Freddie Mac.                                                                                                
                                                                                                                                
9:13:04 AM                                                                                                                    
                                                                                                                                
VICE  CHAIR  SEATON  questioned  why one  would  assume  that  all                                                              
Alaskans that  could benefit from  the PACE program  are financing                                                              
through Fannie  Mae or Freddie Mac.   He further questioned  why a                                                              
definition   would  be   used  that   precludes  all   residential                                                              
properties  as if all  of them  were financed  through Fannie  Mae                                                              
and  Freddie  Mac  because  there could  be  situations  in  which                                                              
people have paid  off their loans or utilize  different financing.                                                              
Therefore, Representative  Seaton requested that Mr.  Rose and the                                                              
group  that's working  on  this  consider the  aforementioned  and                                                              
whether the definition  is constructed for reasons  other than the                                                              
program.                                                                                                                        
                                                                                                                                
MR.  ROSE related  his  belief that  has  been considered  because                                                              
even  if one  doesn't  initially finance  through  Fannie Mae  and                                                              
Freddie Mac,  most residential  mortgages  are ultimately  held by                                                              
Fannie  Mae and  Freddie Mac.   He opined  that the  desire  is to                                                              
support a  discreet program now  and hopefully work  with Congress                                                              
and the  president to  tell Fannie  Mae and  Freddie Mac  to allow                                                              
this as it improves  the collateral, whether it's  a commercial or                                                              
residential property.                                                                                                           
                                                                                                                                
VICE CHAIR SEATON  reminded the committee that one  of the reasons                                                              
Alaska wasn't  so caught up in  the sub-prime mortgage  crisis was                                                              
because the  Alaska Housing Finance  Corporation (AHFC)  holds the                                                              
paper in the state  rather than being sold to others.   Therefore,                                                              
he requested the  aforementioned be considered in  order to ensure                                                              
Alaskans aren't being denied a possibility with AHFC.                                                                           
                                                                                                                                
9:16:02 AM                                                                                                                    
                                                                                                                                
VICE  CHAIR  SEATON,  upon  determining  no  one  else  wished  to                                                              
testify, closed public  testimony and announced that  HB 118 would                                                              
be held over.                                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
HCS HB 118 (ENE) Sectional Analysis.pdf HCRA 3/26/2015 8:00:00 AM
HB 118
HCS HB 118 (ENE) Hearing Request Letter.pdf HCRA 3/26/2015 8:00:00 AM
HB 118
HB0118B.PDF HCRA 3/26/2015 8:00:00 AM
HB 118
HB0118-1-2-021815-CED-N.PDF HCRA 3/26/2015 8:00:00 AM
HB 118
15 3 4_IGU Supports PACE Act.pdf HCRA 3/26/2015 8:00:00 AM
HB 118
HB 118, PACE HCRA 03 26 15.pdf HCRA 3/26/2015 8:00:00 AM
HB 118
HB 118, Supporting Document - Alaska Bankers Association.pdf HCRA 3/26/2015 8:00:00 AM
HB 118
Mayor Eberhart CIty of Fairbanks.pdf HCRA 3/26/2015 8:00:00 AM
HB 118
REAP Support PACE Financing, HB 118.pdf HCRA 3/26/2015 8:00:00 AM
HB 118
Mayor Hopkins FNSB.pdf HCRA 3/26/2015 8:00:00 AM
HB 118
HB 149, Supporting Document - Flow Chart, Quorum Requirements.pdf HCRA 3/26/2015 8:00:00 AM
HB 149
HB 149 Sponsor Statement.pdf HCRA 3/26/2015 8:00:00 AM
HB 149
HB 149 Sectional Analysis.pdf HCRA 3/26/2015 8:00:00 AM
HB 149
HB149-DCCED-CBPL-03-20-15.pdf HCRA 3/26/2015 8:00:00 AM
HB 149