Legislature(2021 - 2022)BARNES 124

03/03/2022 10:15 AM House ENERGY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Location Change --
+= HB 247 POWER COST EQUALIZATION FUND TELECONFERENCED
Heard & Held
+= HB 358 RENEWABLE ENERGY GRANT FUND TELECONFERENCED
Moved HB 358 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
              HB 247-POWER COST EQUALIZATION FUND                                                                           
                                                                                                                              
[Contains discussion of HB 299.]                                                                                                
                                                                                                                                
10:20:45 AM                                                                                                                   
                                                                                                                                
CHAIR SCHRAGE  announced that the  first order of  business would                                                               
be  HOUSE BILL  NO.  247,  "An Act  relating  to  the power  cost                                                               
equalization endowment fund."  [Before  the committee, adopted as                                                               
a working document during the  2/15/22 House Special Committee on                                                               
Energy meeting,  was the proposed  committee substitute  (CS) for                                                               
HB 247, Version 32-LS1301\I, Marx, 1/26/22 ("Version I").]                                                                      
                                                                                                                                
10:20:55 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KAUFMAN moved  to adopt  Amendment 1  to HB  247,                                                               
Version I, labeled 32-LS1301\I.1,  Marx, 2/24/2022, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 2, line 6, following "upgrades,":                                                                                 
          Insert "for micronuclear reactors,"                                                                               
                                                                                                                                
10:21:03 AM                                                                                                                   
                                                                                                                                
CHAIR SCHRAGE objected for the purpose of discussion.                                                                           
                                                                                                                                
REPRESENTATIVE  KAUFMAN explained  the  purpose  of the  proposed                                                               
amendment is  to align Version I  with previous work done  in the                                                               
committee concerning  micronuclear reactors.  He  stated that the                                                               
amendment would add  "for micronuclear reactors" on  page 2, line                                                               
6, after "bulk fuel upgrades,".                                                                                                 
                                                                                                                                
REPRESENTATIVE ZULKOSKY  requested the  bill sponsor  explain how                                                               
Amendment 1 would fit into the purpose of Version I.                                                                            
                                                                                                                                
REPRESENTATIVE  STEVE  THOMPSON,  Alaska  State  Legislature,  as                                                               
prime sponsor of HB 247,  explained that Amendment 1 would create                                                               
another  tool the  Alaska  Energy Authority  (AEA)  could use  to                                                               
reduce energy costs,  enabling communities to move  away from the                                                               
Power  Cost  Equalization Program  (PCEP).    He stated  that  if                                                               
micronuclear   reactors   become   viable  and   affordable   for                                                               
communities, this would fit with the entire program.                                                                            
                                                                                                                                
REPRESENTATIVE  ZULKOSKY,  referencing  the presentation  to  the                                                               
committee on [HB 299], pointed  out [the Alaska Center for Energy                                                               
and Power]  (ACEP) clarified that microreactor  technology is not                                                               
at  a point  where it  can  be used  in rural  communities.   She                                                               
recalled from  the ACEP  presentation that  micronuclear reactors                                                               
would be  better suited for  communities on the road  system, not                                                               
villages.    She  pointed  out  that  villages  are  the  primary                                                               
communities served by  PCEP.  She expressed  appreciation for the                                                               
intent  of  the  amendment  but  stated  she  could  not  support                                                               
Amendment  1  to HB  247,  Version  I,  because  of the  lack  of                                                               
technical capacity  in villages  served by  PCEP.   She expressed                                                               
interest in  the result of  other legislation that is  before the                                                               
committee, [as this may be relevant] to Version I.                                                                              
                                                                                                                                
10:24:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  THOMPSON responded  that microreactor  technology                                                               
is developing  and would not  be available for  a few years.   He                                                               
posited that  if [the  definition] was  in statute,  grants could                                                               
become   available  after   technological  advancements   allowed                                                               
micronuclear reactors in rural villages.   He added that the idea                                                               
is to  reduce the need for  power cost equalization (PCE)  in the                                                               
state, including  the villages.   He  expressed the  opinion that                                                               
the technology  will eventually advance,  and this should  be "on                                                               
the  books  to where  this  would  be one  of  the  tools in  the                                                               
toolbox."                                                                                                                       
                                                                                                                                
CHAIR   SCHRAGE  requested   that  a   representative  from   the                                                               
Department  of  Commerce,  Community,  and  Economic  Development                                                               
(DCCED) comment on the question.                                                                                                
                                                                                                                                
10:25:59 AM                                                                                                                   
                                                                                                                                
CURTIS  THAYER,  Executive  Director,  Alaska  Energy  Authority,                                                               
Department  of  Commerce,  Community, and  Economic  Development,                                                               
offered that  DCCED does not hold  a position on [Amendment  1 to                                                               
HB 247, Version I].  He  offered his understanding of both points                                                               
of view.  He said that there  would not be the capability in some                                                               
communities, but  technology is  emerging, and the  prediction of                                                               
its capacity in the future is unknown.                                                                                          
                                                                                                                                
10:26:26 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   CLAMAN  mentioned   an  issue   raised  in   the                                                               
discussion  of  micronuclear reactors  during  a  hearing on  [HB
299].   He stated  that currently the  legislature would  have to                                                               
authorize  any nuclear  reactor  sited in  Alaska  in a  separate                                                               
legislative  act.    He  expressed  the  understanding  that,  if                                                               
passed,  [HB 299]  would remove  the requirement  for legislative                                                               
authority.   Concerning the amendment, he  questioned whether the                                                               
added  language would  be "getting  the cart  before horse."   He                                                               
expressed the belief that this would be problematic.                                                                            
                                                                                                                                
REPRESENTATIVE  KAUFMAN  said  if  HB  299  does  not  pass,  the                                                               
legislative authority would remain the  same, and Version I would                                                               
only allow [a micronuclear reactor  to be sited] through approval                                                               
from the legislature.  He said,  "It is not letting the horse out                                                               
of the barn door because we still have legislative authority."                                                                  
                                                                                                                                
REPRESENTATIVE CLAMAN,  with a  follow-up comment,  explained one                                                               
of the  reasons for his reluctance  is "it feels like  we are not                                                               
at  that  place  yet."   He  questioned  whether  a  micronuclear                                                               
reactor  should  be included  as  a  rural power  system  upgrade                                                               
(RPSU).                                                                                                                         
                                                                                                                                
10:29:12 AM                                                                                                                   
                                                                                                                                
MR.  THAYER explained  that  a  common reference  for  RPSU is  a                                                               
powerhouse,  which includes  the diesel  generation unit  and the                                                               
distribution into the community.                                                                                                
                                                                                                                                
REPRESENTATIVE  CLAMAN, with  a  follow-up  question, voiced  the                                                               
understanding  of  the  common  application,  but  he  questioned                                                               
whether  there  is  a  definition   in  statute  for  RPSU.    He                                                               
speculated  that if  it is  not  defined in  statute, a  decision                                                               
could be  made to include micronuclear  reactors as an RPSU.   He                                                               
suggested this could be done today.                                                                                             
                                                                                                                                
MR.  THAYER indicated  that  the reference  is  found in  DCCED's                                                               
regulations.                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN,  with a follow-up comment,  clarified that                                                               
the term is in the regulation  but not in statute.  He maintained                                                               
that the  legislature would  not have to  change the  statute for                                                               
the regulation to change.                                                                                                       
                                                                                                                                
MR. THAYER responded in the affirmative.                                                                                        
                                                                                                                                
REPRESENTATIVE CLAMAN,  with a follow-up comment,  explained that                                                               
because  of the  timing of  the amendment,  and the  department's                                                               
existing  regulatory power  to  expand the  meaning  of RPSU,  he                                                               
would not be supporting Amendment 1 to HB 247, Version I.                                                                       
                                                                                                                                
REPRESENTATIVE KAUFMAN voiced the opinion  that the intent of the                                                               
amendment would be  to create a pathway should a  village be able                                                               
to move  from diesel power;  the amendment would  futureproof the                                                               
ability to use developing technology.   He said, "The commonality                                                               
of  new  technology  is  that  it  gets  smaller,  cheaper,  more                                                               
available,  and more  reliable."   He expressed  the belief  that                                                               
[micronuclear  reactors] are  on the  verge of  this advancement.                                                               
Unless  there is  a change  in  statute, he  said, the  authority                                                               
would  remain with  the legislature  with "no  risk of  the horse                                                               
being let  out of the barn."   He stated that  there are concerns                                                               
about  nuclear  power because  of  past  designs and  performance                                                               
issues, and  he expressed  the belief  that [nuclear  power would                                                               
not carry  these concerns] in  the future.   He added  that there                                                               
may not  be a willingness to  change the regulation unless  it is                                                               
in  statute.   He  argued  that if  there  is  a reliable,  safe,                                                               
affordable substitute  [for energy], leadership would  need to be                                                               
provided to move communities away from diesel.                                                                                  
                                                                                                                                
10:32:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KAUFMAN,  in response to  Representative Rauscher,                                                               
recited  the  amendment  as  it  would  appear  in  the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  voiced  the opinion  that  micronuclear                                                               
reactors  would  become part  of  the  future.   He  offered  his                                                               
support for Amendment 1 to HB 247, Version I.                                                                                   
                                                                                                                                
10:34:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TUCK  stated that  the proposed  legislation would                                                               
add a new  subsection for renewable energy  projects which aligns                                                               
with the state's energy policy created  in 2010.  He deduced that                                                               
micronuclear  reactors would  align with  this energy  policy and                                                               
the  state's  vision  for  development.     He  stated  that  the                                                               
regulation could  be changed, but  if it  was put in  statute, it                                                               
would be definite.  He offered  his support for Amendment 1 to HB
247, Version  I.  He  stated that the proposed  legislation would                                                               
not be reenacting  the PCE fund but adding renewable  energy.  As                                                               
a sidenote,  he shared that  the micronuclear  project originated                                                               
in the village  of Galena.  The village had  considered a reactor                                                               
project 12 years ago, and  this interest caught the legislature's                                                               
attention.                                                                                                                      
                                                                                                                                
10:36:29 AM                                                                                                                   
                                                                                                                                
CHAIR  SCHRAGE  removed his  objection  to  the motion  to  adopt                                                               
Amendment 1 to HB 247, Version I.                                                                                               
                                                                                                                                
REPRESENTATIVE ZULKOSKY objected.                                                                                               
                                                                                                                                
10:36:40 AM                                                                                                                   
                                                                                                                                
A  roll call  vote was  taken.   Representatives Tuck,  Rauscher,                                                               
Kaufman, and  Schrage voted in  favor of  Amendment 1 to  HB 247,                                                               
Version  I.   Representatives Claman  and Zulkosky  voted against                                                               
it.  Therefore, Amendment 1 was adopted by a vote of 4-2.                                                                       
                                                                                                                                
10:37:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ZULKOSKY voiced  her  support  to decrease  rural                                                               
communities' reliance  on diesel and expand  the renewable energy                                                               
fund (REF).   She reminded  the committee that PCEP  is important                                                               
because it provides equity in  energy costs throughout the state.                                                               
She  requested an  explanation of  the risks  if the  REF cap  is                                                               
removed.  She questioned whether  the PCE Endowment Fund would be                                                               
destabilized.                                                                                                                   
                                                                                                                                
10:39:09 AM                                                                                                                   
                                                                                                                                
MR. THAYER,  in response, explained  that the  [current] earnings                                                               
of the  PCE Endowment Fund  are approximately $1.1 billion.   The                                                               
earnings would  first be paid  out to  PCE at about  $30 million,                                                               
and  then  it would  pay  the  Community Assistance  Program  $30                                                               
million.   After  these  payments, an  estimated  $25 million  of                                                               
excess earnings  would go to REF.   He stated that  this year $55                                                               
million would  be left "on the  table," which would go  back into                                                               
the endowment  fund.  He argued  that if the $25  million cap had                                                               
been removed [from REF], AEA  would have been allowed to possibly                                                               
capture additional federal funding.   This year, for example, $10                                                               
million for  powerhouses has been  matched with  federal funding,                                                               
totaling $20 million.  If the cap  had not been in place, a match                                                               
of $50 million  for federal funds could have  been made, totaling                                                               
$100  million   for  rural  Alaska  powerhouses   and  bulk  fuel                                                               
upgrades.  He said that  the deferred maintenance for powerhouses                                                               
is estimated  to be  $300 million,  and the  deferred maintenance                                                               
for  bulk fuel  upgrades is  estimated to  be $800  million.   He                                                               
pointed out that  this is the first time in  the last three years                                                               
earnings have been able to  tap into the "cascading waterfall" of                                                               
the $25 million.  Last year  $48 million in earnings paid for PCE                                                               
and  a  portion of  the  Community  Assistance Program  from  the                                                               
previous two years, which equaled an  average of $72 million.  He                                                               
added  that  last  year  the   earnings  did  not  tap  into  the                                                               
[cascading waterfall] of the $25 million.                                                                                       
                                                                                                                                
MR. THAYER, in  response to a follow-up  question, clarified that                                                               
there  is no  discrimination in  the state  where the  funding is                                                               
available.   He stated  that approximately  $34 million  has been                                                               
used  on Railbelt  projects and  $248  million has  been used  in                                                               
rural Alaska.   He maintained  that, predominantly,  rural Alaska                                                               
benefits from REF.                                                                                                              
                                                                                                                                
REPRESENTATIVE ZULKOSKY,  with a follow-up comment  on the intent                                                               
of  the   PCE  Endowment  Fund,   pointed  out   the  significant                                                               
challenges  rural Alaskans  face  with  increasing energy  costs.                                                               
She voiced the opinion that it  would be more appropriate for the                                                               
legislature to  expand funds available  to PCE under  the initial                                                               
calculation rather  than removing  the [REF]  cap.   Removing the                                                               
[REF] cap would  allow projects to be funded  regardless of their                                                               
location.   She argued that PCEP  was intended to be  a financial                                                               
instrument to help  hold down the energy costs  and create equity                                                               
for  rural  communities not  served  by  larger renewable  energy                                                               
projects.  She  expressed appreciation for the  intent of getting                                                               
communities off  of diesel, but  she argued that there  should be                                                               
further  discussion   on  which  should  be   adjusted:  the  PCE                                                               
calculation or REF cap.                                                                                                         
                                                                                                                                
10:44:04 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 10:44 a.m. to 10:46 a.m.                                                                     
                                                                                                                                
10:45:46 AM                                                                                                                   
                                                                                                                                
CHAIR SCHRAGE announced that HB 247 was held over.                                                                              
                                                                                                                                

Document Name Date/Time Subjects
HB 247 Amendment 1.pdf HENE 3/3/2022 10:15:00 AM
HB 247
HB 247 Sponsor Statement (Version I).pdf HENE 3/3/2022 10:15:00 AM
HB 247
HB 247- Ver I CS Draft.pdf HENE 2/15/2022 10:15:00 AM
HENE 3/3/2022 10:15:00 AM
HB 247
HB 247 DCCED Fiscal Note 2.11.2022.pdf HENE 3/3/2022 10:15:00 AM
HB 247
HB 358 A.PDF HCRA 3/3/2022 10:15:00 AM
HENE 3/1/2022 10:15:00 AM
HENE 3/3/2022 10:15:00 AM
HB 358
HB 358 Sponsor Statement 2.24.2022.pdf HCRA 3/3/2022 10:15:00 AM
HENE 3/1/2022 10:15:00 AM
HENE 3/3/2022 10:15:00 AM
HB 358
HB 358 Sectional Analysis 2.24.2022.pdf HCRA 3/3/2022 10:15:00 AM
HENE 3/1/2022 10:15:00 AM
HENE 3/3/2022 10:15:00 AM
HB 358
HB 358 DCCED Fiscal Note 2.25.2022.pdf HENE 3/1/2022 10:15:00 AM
HENE 3/3/2022 10:15:00 AM
HB 358