Legislature(2003 - 2004)

05/04/2004 09:21 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 328(FIN)                                                                        
                                                                                                                                
     An Act  relating to  the national forest  income program                                                                   
     in the Department of  Community and Economic Development                                                                   
     and  to  the  authority   of  the  department  to  adopt                                                                   
     regulations;    making   conforming    amendments;   and                                                                   
     providing for an effective date.                                                                                           
                                                                                                                                
DICK COOSE,  STAFF, SENATOR BERT STEDMAN,  explained that the                                                                   
legislation  would make  statutory changes  required  for the                                                                   
Department of Community and  Economic Development to disburse                                                                   
federal funds commonly referred  to as the "timber receipts".                                                                   
                                                                                                                                
The "Secure Rural Schools and Community Self-Determination                                                                      
Act of 2000" made substantive  changes to the federal program                                                                   
commonly known as National  Forest Receipts.  The Federal Act                                                                   
is  subject  to reauthorization  in  2006.   National  Forest                                                                   
Receipts are  distributed to the State for  schools and roads                                                                   
within the boundary of the  national forest in which they are                                                                   
collected.     Mr.  Coose  noted  that   the  Senate  Finance                                                                   
Committee  amended the  bill to  define the student  "average                                                                   
daily  membership"  (ADM)  for the  purpose  of  distributing                                                                   
forest receipts within unorganized boroughs.                                                                                    
                                                                                                                                
Mr. Coose continued, in order to address federal changes,                                                                       
the  Department of  Community and  Economic Development  must                                                                   
amend  program regulations  so  the  payments to  communities                                                                   
located  within  the  Tongass and  Chugach  National  Forests                                                                   
conform to  the new federal requirements.   Subsequent to the                                                                   
adoption  of the program  regulation changes,  the Department                                                                   
of  Law advised  the  Department  of Community  and  Economic                                                                   
Development  that   it  lacks  the  statutory   authority  to                                                                   
implement  the federal changes  through its regulations.   SB
328  provides  the Department  with  the  authority to  adopt                                                                   
regulations  necessary  to   implement  the  revised  federal                                                                   
program in a manner consistent with federal law.                                                                                
                                                                                                                                
Mr. Coose pointed out that the legislation provides general                                                                     
regulation  adoption authority  for the  Department  to carry                                                                   
out  its   statutory  functions.    The   change  corrects  a                                                                   
statutory problem created  by the merger of the Department of                                                                 
Commerce  and  Economic  Development  and the  Department  of                                                                   
Community  and Regional  Affairs.   Mr. Coose identified  the                                                                   
changes made in previous committees.                                                                                            
                                                                                                                                
Representative  Foster MOVED  to report HCS  CS SB  328 (CRA)                                                                   
out  of Committee  with individual  recommendations  and with                                                                   
the accompanying  fiscal note.  There being  NO OBJECTION, it                                                                   
was so ordered.                                                                                                                 
                                                                                                                                
HC CS SS  SB 328 (CRA) was  reported out of Committee  with a                                                                   
"do  pass"  recommendation  and  with  zero note  #1  by  the                                                                   
Department of Community & Economic Development.                                                                                 
                                                                                                                                
SB337                                                                                                                           
CS FOR SENATE BILL NO. 337(L&C)                                                                                               
                                                                                                                                
     An  Act relating  to  the powers  of  the Alaska  Energy                                                                   
     Authority  to  make  grants  and loans,  to  enter  into                                                                   
     contracts, and to improve,  equip, operate, and maintain                                                                   
     bulk  fuel, waste  energy,  energy conservation,  energy                                                                   
     efficiency,   and  alternative  energy   facilities  and                                                                   
     equipment;  relating  to the  bulk  fuel revolving  loan                                                                   
     fund;   relating  to  the   Alaska  Energy   Authority's                                                                   
     liability for  the provision of technical  assistance to                                                                   
     rural   utilities;  relating   to   the  Alaska   Energy                                                                   
     Authority's  investment of  the power development  fund;                                                                   
     repealing  the electrical  service  extension fund;  and                                                                   
     providing for an effective date.                                                                                           
                                                                                                                                
BECKY GAY,  (TESTIFIED VIA TELECONFERENCE),  PROJECT MANAGER,                                                                   
ALASKA INDUSTRIAL DEVELOPMENT  AND EXPORT AUTHORITY, (AIDEA),                                                                   
ALASKA ENERGY  AUTHORITY (AEA), ANCHORAGE, commented  that SB
337 relates to the:                                                                                                             
                                                                                                                                
   ·    Powers of the Alaska Energy Authority (AEA) to make                                                                     
        grants and loans and enter into contracts;                                                                              
   ·    The bulk fuel revolving loan fund;                                                                                      
   ·    AEA's potential liability for the provision of                                                                          
        technical assistance to rural utilities;                                                                                
  ·    AEA's investment of the power development fund, and                                                                      
   ·    Repeals the electrical service extension fund.                                                                          
                                                                                                                                
Section  1  amends  AS 42.45.0  10,  establishing  the  power                                                                   
project  fund, to  add authorization  for AEA  to make  loans                                                                   
from the fund  for waste energy, energy  conservation, energy                                                                   
efficiency, and alternative energy  facilities and equipment.                                                                   
Similarly,  Section 9  of the  bill would  amend the  general                                                                   
powers of  AEA to  authorize it  to improve, equip,  operate,                                                                   
maintain,  and enter  into  contracts for  the  construction,                                                                   
financing, operation, and maintenance of:                                                                                       
                                                                                                                                
   ·    Bulk fuel,                                                                                                              
   ·    Waste energy,                                                                                                           
   ·    Energy conservation,                                                                                                    
   ·    Energy efficiency, and                                                                                                  
   ·    Alternative energy facilities and equipment.                                                                            
                                                                                                                                
The  Denali  Commission  and   other  federal  agencies  have                                                                   
provided  substantial  funding  for such  projects,  and  the                                                                   
Legislature has  authorized AEA's receipt  and expenditure of                                                                   
the federal money.                                                                                                              
                                                                                                                                
Ms. Gay  pointed out  that Section  11 repeals  AS 42.45.060,                                                                   
which  establishes a  loan  committee to  review and  approve                                                                   
loans   from   the  power   project   fund   and  the   rural                                                                   
electrification  revolving  loan fund.   Upon  repeal of  the                                                                   
loan committee  statute, the credit department  of the Alaska                                                                   
Industrial  Development and  Export Authority  (AIDEA), which                                                                   
manages  the AEA's  loan programs,  would continue  to review                                                                   
applications  for loans from  those funds in  accordance with                                                                   
the  applicable regulations.   Section  2 of  the bill  would                                                                   
continue  the requirement  present  in AS  42.4 5.060(g)  for                                                                   
legislative  approval  of loans  for  projects  in which  the                                                                   
cumulative   State  monetary   involvement,  through   loans,                                                                   
grants, and bonds, is at  least $5,000,000 and loans for more                                                                   
than  $5,000,000.     Sections  1,  3,  4,   and  6,  contain                                                                   
conforming amendments to  reflect the repeal of AS 42.45.060.                                                                   
                                                                                                                                
She continued,  Sections 5 and 7, amend AS  42.45.2 50, which                                                                   
governs  loans from  the bulk  fuel revolving  loan fund,  to                                                                   
authorize  loans from  the  fund to  "persons," defined  with                                                                   
reference   to   AS  01.10.060   to   include   corporations,                                                                   
cooperatives,  joint  ventures,  and  governmental  entities,                                                                   
that generate  power or supply  the public with fuel  used in                                                                   
communities  with populations of  less than 2,000  people, as                                                                   
well as loans to the communities  themselves.  Presently, the                                                                   
statute authorizes loans  to "private individuals" and to the                                                                   
communities.  The Department  of Law recently interpreted the                                                                   
term "private  individuals" to include only  natural persons.                                                                   
Section 12  of the bill  makes the amendments  retroactive to                                                                   
June  1, 1984,  to encompass  active loans  from the  fund to                                                                   
such entities.                                                                                                                  
                                                                                                                                
Ms.  Gay noted  that  Section 8  amends  AS 42.45.400,  which                                                                   
requires  the AEA  to provide technical  assistance  to rural                                                                   
utilities, to  specify that the statutory mandate  may not be                                                                   
used as an independent basis  for tort liability against AEA.                                                                   
The  AEA would  continue to  be liable  for negligence  if it                                                                   
fails  to  use reasonable  care  in providing  the  technical                                                                   
assistance.                                                                                                                     
                                                                                                                                
Section 10  of the bill  would amends AS  44.83.386, relating                                                                   
to investment of the power  development fund, to provide that                                                                   
AEA, rather than the Department  of Revenue, invest the fund.                                                                   
She  pointed  out  that  AEA, with  the  concurrence  of  the                                                                   
Department  of Revenue,  has  been investing  the fund  since                                                                   
1993.  AEA  would continue to remit all fund  earnings to the                                                                   
general fund.                                                                                                                   
                                                                                                                                
Section  11,  in  addition   to  repealing  AS  42.45.060  as                                                                   
discussed  above,  repeals   AS  42.45.200,  (the  electrical                                                                   
service extension  fund, which  is inactive), and  repeals AS                                                                   
42.45.250(I)(1)  to  remove an  unnecessary  definition of  a                                                                   
term that is not used in the statute.   Ms. Gay concluded her                                                                   
testimony.                                                                                                                      
                                                                                                                                
Co-Chair Williams  MOVED to  ADOPT Amendment #1,  #23-GS2076,                                                                   
Craver, 5/3/04.  Co-Chair Harris  OBJECTED for the purpose of                                                                   
discussion.                                                                                                                     
                                                                                                                                
PETER ECKLUND, HOUSE FINANCE COMMITTEE  STAFF, REPRESENTATIVE                                                                   
BILL  WILLIAMS,  explained  that  several years  ago,  a  tax                                                                   
incentive  was passed  for ethanol produced  from wood  waste                                                                   
for seafood waste.   The incentive will expire  June 30, 2004                                                                   
and Amendment 1 extends the date to June 30, 2009.                                                                              
                                                                                                                                
Ms. Gay noted that AIDEA was neutral on Amendment 1.                                                                            
                                                                                                                                
Mr. Ecklund pointed  out the amendment would  require a title                                                                   
change.  Co-Chair Harris WITHDREW  his OBJECTION to Amendment                                                                   
1.   He added that  the title concern  could be  addressed on                                                                   
the House Floor.                                                                                                                
                                                                                                                                
Representative Foster MOVED to  report HCS CS SB 337(FIN) out                                                                   
of Committee  with  individual recommendations  and with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
HCS CS  SB 337(FIN)  was reported out  of Committee  with "no                                                                   
recommendation" and  with zero note  #1 by the  Department of                                                                   
Revenue  and  zero  note  #2 by  Department  of  Community  &                                                                   
Economic Development.                                                                                                           
                                                                                                                                

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