Legislature(2011 - 2012)BARNES 124

03/29/2012 03:00 PM House ENERGY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 357 AIDEA SUSTAINABLE ENERGY PROGRAM TELECONFERENCED
Heard & Held
+= HB 323 NONATTAIN AREA HOME HEATING SYSTEM GRANTS TELECONFERENCED
Moved CSHB 323(ENE) Out of Committee
+= HB 336 ENERGY ASSISTANCE PROGRAM & VOUCHERS TELECONFERENCED
Heard & Held
            HB 357-AIDEA SUSTAINABLE ENERGY PROGRAM                                                                         
                                                                                                                                
3:12:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER announced that the  first order of business would                                                               
be  HOUSE BILL  NO.  357, "An  Act  establishing the  sustainable                                                               
energy transmission and supply development  program in the Alaska                                                               
Industrial Development and Export Authority."                                                                                   
                                                                                                                                
[Although the  proposed CS for  HB 357 was identified  as Version                                                               
I, Version M  was adopted during the hearing on  3/13/12, and was                                                               
before the committee.]                                                                                                          
                                                                                                                                
3:12:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LANCE PRUITT,  Alaska State Legislature, explained                                                               
that today's hearing  was a continuation of the  discussion on HB
357,   which  expands   the  power   of  the   Alaska  Industrial                                                               
Development  and  Export  Authority  (AIDEA)  to  facilitate  the                                                               
financing  of energy  projects through  a new  fund within  AIDEA                                                               
known  as   the  sustainable   energy  transmission   and  supply                                                               
development (SETS) fund.   Representative Pruitt highlighted five                                                               
key  components of  the bill  that  grant AIDEA  the ability  to:                                                               
ensure  project  obligations and  guarantee  loans  or bonds  for                                                               
projects;  defer  principal  payments  and  capitalize  interest;                                                               
offer financing terms  up to 30 years for energy  projects and 50                                                               
years for transmission and  hydroelectric (hydro) projects; offer                                                               
sales  lease-back agreements,  build-operate-transfer agreements,                                                               
and  other  agreements  to finance  energy  projects;  and  offer                                                               
reduced interest rates for renewable  projects, projects in rural                                                               
areas, or projects that promote economic development.                                                                           
                                                                                                                                
3:14:48 PM                                                                                                                    
                                                                                                                                
DIRK CRAFT,  Staff to Representative  Lance Pruitt,  Alaska State                                                               
Legislature, reminded the committee  he had presented a sectional                                                               
analysis of the bill at a  previous meeting.  He pointed out that                                                               
HB 357 is a  companion bill to SB 25, which  empower and create a                                                               
new fund  within AIDEA that  puts a  portion of state  savings to                                                               
work  financing  the  construction   and  development  of  energy                                                               
projects within Alaska.  The  bill authorizes AIDEA to facilitate                                                               
the  financing  of energy  projects,  through  which rates  would                                                               
repay  the loans  or investments  from AIDEA.   The  agency would                                                               
also have the  authority to use capital markets  to "backfill the                                                               
fund"  by  using  loans  as  an  asset,  thereby  establishing  a                                                               
perpetual investment  vehicle.  Thus,  20 years or 30  years from                                                               
now,  there will  be  funding available  for  the replacement  of                                                               
infrastructure.    Mr.  Craft stressed  that  the  principal  and                                                               
interest  payments  from these  funds  will  remain in-state,  as                                                               
opposed to  the current practice  of placing  loans out-of-state.                                                               
He referred to  previous testimony heard by the  committee on the                                                               
future  capital energy  needs of  Southeast and  the Railbelt   -                                                               
which will cost billions of dollars  - and said the intent of the                                                               
bill is to fill the financing  gap between what the utilities can                                                               
bond for, and  what is needed.  Furthermore,  to address concerns                                                               
about limitations on  financing, he called attention  to page 10,                                                               
line 22 of the bill which read:                                                                                                 
                                                                                                                                
     Sec. 44.88.740.  Limitations on  financing.  (a) Unless                                                                    
     the  authority  has  obtained legislative  approval  by                                                                    
     law, the  authority may not  finance or  participate in                                                                    
     financing of                                                                                                               
                                                                                                                                
       (1) more than one-third of the capital cost of an                                                                        
          energy project; or                                                                                                    
          (2) a loan guarantee that exceeds $20,000,000.                                                                        
                                                                                                                                
       (b) Financing under AS 44.88.730 is limited to the                                                                       
     life of an energy project, which may not be more than                                                                      
          (1) 30 years; or                                                                                                      
            (2) 50 years for a transmission line or                                                                             
          hydroelectric energy projects.                                                                                        
                                                                                                                                
MR.  CRAFT  explained  that  this section  ensures  that  a  loan                                                               
exceeding $20,000,000 requires approval from the legislature.                                                                   
                                                                                                                                
3:17:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TUCK   asked   whether  the   loans   would   be                                                               
transferable.                                                                                                                   
                                                                                                                                
MR.  CRAFT   deferred  to   AIDEA.     In  further   response  to                                                               
Representative  Tuck, he  said  the loans  are  intended for  any                                                               
transmission and energy projects.                                                                                               
                                                                                                                                
REPRESENTATIVE PRUITT  added that energy projects  are defined on                                                               
page 11, line 3 of the bill.                                                                                                    
                                                                                                                                
MR. CRAFT  advised that a  new proposed  CS with changes  to this                                                               
section will be provided to the committee.                                                                                      
                                                                                                                                
REPRESENTATIVE PETERSEN asked whether  the bill sets the interest                                                               
rates for the loans.                                                                                                            
                                                                                                                                
MR.  CRAFT  said beginning  on  page  6,  line  14 of  the  bill,                                                               
sections  8 through  12 set  the  interest rates  for AIDEA,  and                                                               
define  the different  sources of  revenue  available to  finance                                                               
projects.   The proposed legislation clarifies  that the interest                                                               
rate applies to  the fund being created.  In  further response to                                                               
Representative  Petersen, he  confirmed  that the  fund is  self-                                                               
sustaining  in that  when  loans are  paid  back, more  principal                                                               
becomes available to make additional loans.                                                                                     
                                                                                                                                
3:20:21 PM                                                                                                                    
                                                                                                                                
MARK  DAVIS,  Deputy  Director, Investment  Finance  &  Analysis,                                                               
Alaska  Industrial   Development  &  Export   Authority  (AIDEA),                                                               
Department   of  Commerce,   Community  &   Economic  Development                                                               
(DCCED), stated  the bill creates  an energy  infrastructure bank                                                               
within AIDEA.   He explained  that AIDEA does not  currently make                                                               
direct  loans, and  in fact,  the bill  does more  than authorize                                                               
AIDEA  to  make  loans.     At  this  time,  AIDEA  operates  the                                                               
enterprise development fund which  is used for loan participation                                                               
with banks and  for development projects.   However, the proposed                                                               
bill creates a new fund  separate from the enterprise development                                                               
fund  for energy  projects, and  the  new fund  will make  loans,                                                               
raise money  through bonds, and  issue loan and  bond guarantees.                                                               
In  addition,   there  are  special  powers   to  defer  interest                                                               
payments, to capitalize  interest, and to allow for  a project to                                                               
"cash flow over time."  Mr.  Davis gave the example of the DeLong                                                               
Mountain   Transportation  System   (DMTS),  saying   that  large                                                               
projects need time to develop,  hence the term "patient capital."                                                               
He  further explained  the bill  allows  for money  from a  state                                                               
savings account  to be transferred  to AIDEA and used  for energy                                                               
projects by way of loans, bonds,  and guarantees in order to work                                                               
with a  private partner.   For example,  a private  utility could                                                               
issue a  bond and AIDEA  could guarantee that  the bond is  for a                                                               
public project,  making it a  tax-exempt bond, and  improving the                                                               
debt financing for the project.   Thus the project is financed by                                                               
the same vehicle, but the  debt service is substantially lowered.                                                               
He assured the  committee that AIDEA would continue  to work with                                                               
the Alaska Energy Authority (AEA),  DCCED, to coordinate projects                                                               
in rural Alaska.   Mr. Davis stressed that AIDEA  does not intend                                                               
to  delve into  the energy  business, but  to lower  the cost  of                                                               
energy projects that is usually passed along to the ratepayers.                                                                 
                                                                                                                                
3:24:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER opened public testimony.                                                                                        
                                                                                                                                
3:24:50 PM                                                                                                                    
                                                                                                                                
DON  KUBLEY, Representative,  Alaska Independent  Power Producers                                                               
Association  (AIPPA),  informed  the  committee he  was  a  sixth                                                               
generation Alaska resident.  He  expressed his support of HB 357,                                                               
and  said AIPPA  is a  newly-formed energy  advocacy organization                                                               
dedicated to encouraging private  investment in capital to assist                                                               
Alaska achieve  its renewable energy  resource goals  and provide                                                               
competitive-priced power for residents.   Further, AIPPA consists                                                               
of Alaska's  leading independent  power producers  and developers                                                               
from all over Alaska and  who are interested in geothermal, wind,                                                               
biomass, hydrokinetic, and hydropower  developments.  Some of its                                                               
members  are Cook  Inlet Region,  Inc. (CIRI),  Delta Wind  Farm,                                                               
Alaska   Power   and   Telephone  (AP&T),   Kootznoowoo,   Juneau                                                               
Hydropower,  Inc., and  polarconsult  alaska, inc.,  all of  whom                                                               
dream of making stranded renewable  energy resources available to                                                               
Alaska  and the  U.S.   He spoke  of removing  barriers to  a new                                                               
industry that  will bring  jobs, a  tax-base, and  economic well-                                                               
being to the  state, and of AIPPA's efforts  to encourage private                                                               
investment  in  Alaska's  energy   infrastructure.    Mr.  Kubley                                                               
recalled  that   the  original  plan   for  the  Four   Dam  Pool                                                               
[hydroelectric  facilities  built  by  the state  in  the  1980s]                                                               
envisioned  a grid  from Metlakatla  to  Skagway providing  clean                                                               
energy  to  Southeast   residents,  and  by  way   of  a  30-mile                                                               
extension, to the  Canada grid in British Columbia  (B.C.).  This                                                               
grid would  be a green pipeline  sending clean power to  B.C. and                                                               
all  of  the villages  and  communities  of Southeast,  providing                                                               
power  for  local manufacturing.    Although  finishing the  grid                                                               
would be  expensive, it would be  worth it.  Mr.  Kubley restated                                                               
his strong support of the legislation.                                                                                          
                                                                                                                                
3:29:38 PM                                                                                                                    
                                                                                                                                
JODI  MITCHELL,  CEO/General  Manager,  Inside  Passage  Electric                                                               
Cooperative  (IPEC),  said  IPEC   is  a  nonprofit  member-owned                                                               
utility  serving  1,300  members  in  the  small  communities  of                                                               
Angoon,  Hoonah, Kake,  Klukwan,  and the  upper Chilkat  Valley.                                                               
Her   cooperative  is   almost  entirely   dependent  on   diesel                                                               
generation and  she spoke in support  of the bill.   Ms. Mitchell                                                               
observed  grant funding  is necessary  in rural  Alaska to  avoid                                                               
expensive financing  that could  result in  a hydro  project with                                                               
rates  higher  than diesel.    Thus  IPEC pursues  grant  funding                                                               
through the AEA  renewable energy fund.  However,  a loan program                                                               
to  provide "gap  funding" will  be needed  for monies  needed in                                                               
excess  of grants.   At  this time,  IPEC has  loans through  the                                                               
Rural  Utilities Service  (RUS), U.S.  Department of  Agriculture                                                               
for  $5.3  million; however,  her  organization  would prefer  to                                                               
repay a loan to the state  rather than to the federal government.                                                               
Ms.  Mitchell   suggested  the  legislation  should   also  allow                                                               
utilities to refinance federal loans with state loans.                                                                          
                                                                                                                                
3:32:28 PM                                                                                                                    
                                                                                                                                
DUFF  MITCHELL,   Vice  President  &  Business   Manager,  Juneau                                                               
Hydropower Inc.,  disclosed he was also  a member of AIPPA.   Mr.                                                               
Mitchell expressed  his support of HB  357, saying it is  a great                                                               
vehicle to  advance the  goals of  the state  energy policy.   He                                                               
explained that infrastructure investments  pay dividends in three                                                               
ways:    AIDEA   will  receive  money  back   from  sound  loans;                                                               
economically feasible  infrastructure stabilizes rates  for today                                                               
and for the future, especially  with hydro; and local well-paying                                                               
jobs  are created.   In  addition,  syndicating loans  encourages                                                               
outside investors to come and invest  in Alaska.  In closing, Mr.                                                               
Mitchell   recommended   increasing    the   appropriation   from                                                               
$250,000,000 to $500,000,000.                                                                                                   
                                                                                                                                
3:36:15 PM                                                                                                                    
                                                                                                                                
JOE  GRIFFITH, General  Manager,  Matanuska Electric  Association                                                               
(MEA); CEO,  Alaska Railbelt Cooperative Transmission  & Electric                                                               
Company  (ARCTEC), stated  MEA serves  57,000 members  from Eagle                                                               
River   to  Petersville,   and   ARCTEC  is   a  generation   and                                                               
transmission  cooperative  that   provides  interregional  energy                                                               
solutions to  utilities through cooperative  actions.   He agreed                                                               
with some of  the previous speakers and staff on  reasons for the                                                               
bill,  adding  that  the costs  of  electrical  infrastructure  -                                                               
although  critically  needed  -  are  staggering  throughout  the                                                               
state.    In  fact,  $6,000,000,000   will  be  required  in  the                                                               
Railbelt, exclusive  of the  distribution utilities.   Currently,                                                               
consumers  are  financially stressed  by  fuel  costs, which  are                                                               
driving businesses  out of the  state.  Mr. Griffith  opined that                                                               
HB  357   will  reduce  the   impact  of  the  cost   of  capital                                                               
improvements,  provide a  reasonable  method  of financing,  keep                                                               
money in the  state, create jobs, and reduce  costs to consumers.                                                               
Mr. Griffith  agreed that the  appropriation should  be increased                                                               
to  $500,000,000,  and  the  limitation   on  financing  -  which                                                               
requires  a  project  of  $20,000,000   to  be  approved  by  the                                                               
legislature  -  should  be  increased  to  $50,000,000  to  avoid                                                               
delays.                                                                                                                         
                                                                                                                                
3:40:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER,  after determining  that no  one else  wished to                                                               
testify, closed  public testimony.    He  asked whether  the bill                                                               
allows for the refinancing of federal loans.                                                                                    
                                                                                                                                
MR. CRAFT deferred to the sponsor of the companion bill.                                                                        
                                                                                                                                
REPRESENTATIVE PETERSEN pointed  out a clause in  the bill allows                                                               
for repurchase  and leaseback, which  may be  a way for  AIDEA to                                                               
lower the interest rates on existing projects.                                                                                  
                                                                                                                                
CO-CHAIR  FOSTER  asked  how  the   amount  of  the  $250,000,000                                                               
appropriation was decided.                                                                                                      
                                                                                                                                
3:42:43 PM                                                                                                                    
                                                                                                                                
MR. CRAFT said, "... they thought  this would be an easier number                                                               
to  get through  [because] right  now there  is an  urgency, that                                                               
we're at unprecedented interest rates  right now ... right now is                                                               
the ideal time to get something like this in place."                                                                            
                                                                                                                                
3:43:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER held over HB 357.                                                                                               
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                

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