Legislature(2005 - 2006)CAPITOL 17

03/06/2006 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 445 ALTERNATIVE ENERGY GRANT FUND TELECONFERENCED
Moved CSHB 445(L&C) Out of Committee
+ HB 392 SOLID WASTE MANAGEMENT AUTHORITIES TELECONFERENCED
Moved CSHB 392(L&C) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 51 EMPLOYER ASSN FOR WORKERS' COMP INS TELECONFERENCED
Heard & Held
+= HB 424 MORTGAGE LENDING TELECONFERENCED
Moved CSHB 424(L&C) Out of Committee
HB 445-ALTERNATIVE ENERGY GRANT FUND                                                                                          
                                                                                                                                
ACTING CHAIR ROKEBERG  announced that the first  order of business                                                              
would be HOUSE BILL  NO. 445, "An Act relating  to the alternative                                                              
energy grant fund and to alternative energy grants."                                                                            
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  made  a  motion  to  adopt  CSHB  445,                                                              
Version  24-LS1311\L,  Cook,  2/24/06, as  the  working  document.                                                              
There being no objection, Version L was before the committee.                                                                   
                                                                                                                                
REPRESENTATIVE BILL  THOMAS, Alaska State Legislature,  Sponsor of                                                              
HB 445,  informed the  committee  that HB 445  would take  [$0.10]                                                              
per barrel  of oil and place  it into an alternative  energy fund,                                                              
which is  estimated to generate around  $30 million per  year.  He                                                              
said that the  funds would be taken  out only when oil  prices are                                                              
at  $35 per  barrel  or  higher.   He  explained that  the  Alaska                                                              
Energy  Authority  (AEA)  would  manage the  fund  and  administer                                                              
grants of up  to $20 million to  power utilities who have  shown a                                                              
need.   In addition,  he said, the  [utilities] would  be required                                                              
to secure  matching funds equal  to 25 percent  of the grant.   He                                                              
stated  that the  priority would  be  given to  those areas  which                                                              
experience  higher   costs  of  fossil   fuels.    He   said  that                                                              
"alternative energy"  means a system which produces  energy and is                                                              
not   dependant  on   fossil  fuel;   however,   natural  gas   is                                                              
acceptable, as some  rural communities have small  gas fields they                                                              
may be able  to "tap into" in  order to generate electricity.   He                                                              
explained that an  "electric utility" is an entity  which provides                                                              
power for public consumption.                                                                                                   
                                                                                                                                
REPRESENTATIVE  THOMAS  went  on  to  explain  that  Yakutat  uses                                                              
around  1 million  gallons of  diesel per  year.   He pointed  out                                                              
that ConocoPhillips  Alaska, Inc.  has gas  wells nine  miles from                                                              
Yakutat.    Therefore,   if  the  funding  were   available,  [the                                                              
community of  Yakutat] would be able  to run a gas line  into town                                                              
to  run the  generators.   He said  that in  addition to  Yakutat,                                                              
there are  many other  areas needing assistance.   He  stated that                                                              
if an  area has additional  projects, it  would be able  to submit                                                              
additional grant applications.   He added that this  would help to                                                              
create jobs  throughout Alaska.   He mentioned that  he represents                                                              
many fishing  communities in the state.   He then opined  that the                                                              
high cost  of electricity negatively  affects the amount  of money                                                              
that  comes back  to  the state.   In  regard  to the  alternative                                                              
energy grant  fund, he said  that this  would free up  [power cost                                                              
equalization]  funds which  can then  be used  for areas that  are                                                              
still  reliant on  fossil  fuel.   In  conclusion,  Representative                                                              
Thomas  said that  the alternative  energy grant  fund would  help                                                              
stimulate  the  economy  in  rural  communities,  in  addition  to                                                              
ending the dependence on fossil fuels.                                                                                          
                                                                                                                                
3:50:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG noted  that in Version  L, page  2, the                                                              
definition of "alternative  energy project" removes  the reference                                                              
to "nuclear fuel".  He asked if this is the only change.                                                                        
                                                                                                                                
REPRESENTATIVE THOMAS  replied yes,  and noted that  "nuclear fuel                                                              
for the  supply of energy" was  replaced with "other  than natural                                                              
gas for the supply of energy."                                                                                                  
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  if  the legislature  is required  to                                                              
appropriate money for the alternative energy grant fund.                                                                        
                                                                                                                                
REPRESENTATIVE  THOMAS  said  that although  the  legislature  may                                                              
appropriate the  amount calculated  by the Department  of Revenue,                                                              
the bill does not create a dedicated fund.                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  asked why there  is a fiscal note  if there                                                              
is not a dedicated fund.                                                                                                        
                                                                                                                                
3:52:04 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER-HOTCH, Staff  to  Representative Thomas,  Sponsor,                                                              
explained  that the  fiscal  note estimates  the  amount of  funds                                                              
that would  be available  for grants,  if the legislature  decided                                                              
to appropriate the funds.                                                                                                       
                                                                                                                                
ACTING CHAIR  ROKEBERG asked  if there is  a fiscal note  from the                                                              
Department  of Natural  Resources  or  the Department  of  Revenue                                                              
regarding the $0.10.                                                                                                            
                                                                                                                                
REPRESENTATIVE  THOMAS replied  no,  and added  that  the AEA  has                                                              
stated that,  at this time, it  would not cost AEA  any additional                                                              
funds to run the grant system.                                                                                                  
                                                                                                                                
ACTING CHAIR  ROKEBERG remarked  that this  bill would  lower [the                                                              
states]  revenue  by $30  million  a year,  yet  does  not have  a                                                              
fiscal note.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMAS  agreed   that  there  is  a  cost  to  the                                                              
program.                                                                                                                        
                                                                                                                                
3:54:09 PM                                                                                                                    
                                                                                                                                
CHRIS ROSE,  Executive Director,  Renewable Energy Alaska  Project                                                              
(REAP),  explained  that the  REAP  is  a statewide  coalition  of                                                              
large  and  small  utility  companies,  conservation  groups,  and                                                              
Native organizations  which share the same goal  of increasing the                                                              
production of  renewable energy  in the state.   He said  that the                                                              
REAP believes  that HB 445 is  a "great start" toward  more energy                                                              
production in  the state, adding that  Alaska is one of  15 states                                                              
in the country that  does not have a renewable energy  policy.  He                                                              
opined  that  [establishing  an  alternative  energy  grant  fund]                                                              
would be  policy statement  that the  state can  make in  order to                                                              
begin  providing   incentives  to   increase  the  production   of                                                              
renewable  energy.   He  said that  Alaska  has some  of the  best                                                              
sources of renewable energy resources in the country.                                                                           
                                                                                                                                
MR.  ROSE  said  that by  providing  an  incentive  for  renewable                                                              
energy production,  the state  will be  attracting technology  and                                                              
knowledge-based  workers  to the  state.   In  addition, he  said,                                                              
there  are over  200 villages  in the  state that  are reliant  on                                                              
diesel,  and  as  the  price  of  oil  continues  to  rise,  these                                                              
villages  will  continue  to  have a  problem  meeting  the  basic                                                              
needs.   He stated  that there  are many  projects throughout  the                                                              
state which would be helped by this legislation.                                                                                
                                                                                                                                
MR.  ROSE went  on  to  say that  Alaska  has the  opportunity  to                                                              
become  a  world leader  in  renewable  energy.   He  stated  that                                                              
several villages  are experimenting  with wind-diesel  technology,                                                              
adding  that it  is "working  very  well."   He  opined that  this                                                              
technology  could  be  exported  to  the  world.    In  regard  to                                                              
including natural gas,  he said that the REAP is  focused on wind,                                                              
geothermal, biomass,  ocean power, and hydro-electric.   He opined                                                              
that  the   language  regarding   project  eligibility   could  be                                                              
strengthened.   He said that the  REAP would also like  to suggest                                                              
amending the bill  to include loans and production  credits, which                                                              
it believes would  be a good vehicle to get these  projects up and                                                              
running.                                                                                                                        
                                                                                                                                
[Representative  Rokeberg  passed   the  gavel  to  Representative                                                              
Kott.]                                                                                                                          
                                                                                                                                
3:58:21 PM                                                                                                                    
                                                                                                                                
CONNIE   FREDENBERG,  Natural   Resources  Coordinator,   Aleutian                                                              
Pribilof  Islands Association,  informed  the  committee that  she                                                              
would be  speaking on  her own behalf.   She  said that  she would                                                              
like to echo the  previous testimony.  She stated  that while this                                                              
legislation is a  good start, she would like to  see more included                                                              
in  the  bill,  such as  a  renewable  portfolio  standard,  which                                                              
currently  exist  in 22  other  states.   In  regard  to PCE,  she                                                              
surmised  that  there may  be  a  way to  "tweak"  it  so that  it                                                              
provides  more  incentive  to  develop   renewable  energy.    Ms.                                                              
Fredenberg went on  to say that she believes that  AEA should have                                                              
more guidance  during the  selection process,  adding that  it may                                                              
be helpful to  include members from rural Alaska  on the selection                                                              
committee.                                                                                                                      
                                                                                                                                
4:00:28 PM                                                                                                                    
                                                                                                                                
GREG KINGSLEY,  Planning Commission,  Lake and Peninsula  Borough,                                                              
explained  that  the  borough  has  been  working  on  setting  up                                                              
generators  in  two  villages,   along  with  anemometer  studies.                                                              
Furthermore,  the borough  has  been working  for  the last  three                                                              
years  to  receive  state  and federal  funding,  which  has  been                                                              
difficult to  acquire.  He  expressed agreement with  the previous                                                              
testimony.  He stated  that addressing the high cost  of energy is                                                              
the borough's  top priority.  He  said that the borough  is paying                                                              
$4.10 per gallon  for heating oil.  He stated that  the borough is                                                              
at  risk of  losing valuable  infrastructure.   He explained  that                                                              
[Pilot  Point]  school  enrollment   is  down  to  10  [students].                                                              
Moreover,  there are  four or five  villages  in the borough  that                                                              
are "about  ready to  go under"  due to the  high price  of fossil                                                              
fuel.  He  added that when  schools shut down, the  entire village                                                              
shuts down, which affects the entire region.                                                                                    
                                                                                                                                
4:02:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMAS,  in  response   to  an  earlier  question,                                                              
stated that  he would look  into the renewable portfolio  standard                                                              
provided  by other  states, and  added  that he  has been  working                                                              
with  AEA and  REAP.   He  stated  that in  the  past, the  Denali                                                              
Commission  has funded  these projects  with  federal monies,  and                                                              
opined  that the  Congressional  Delegation  is hopeful  that  the                                                              
state will "step  up to the plate."  He reiterated  that this bill                                                              
would  use AEA,  which is  already in  place, and  would not  cost                                                              
additional funds.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GUTTENBERG asked  why  the grants  are limited  to                                                              
electric  utilities.   He surmised  that there  may be  situations                                                              
when [the  city] may have  a viable project  in which  the utility                                                              
is not interested.                                                                                                              
                                                                                                                                
REPRESENTATIVE  THOMAS  replied  that  the  bill  is  intended  to                                                              
assist those municipalities  which are in need  of assistance with                                                              
the price of fuel.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GUTTENBERG expressed  concern with the  definition                                                              
of "electric utility," as follows:                                                                                              
                                                                                                                                
     (2)  "electric  utility" means  a  corporation,  whether                                                                   
     public,    cooperative,     or    otherwise,    company,                                                                   
     individual,   or  association   of  individuals,   their                                                                   
     lessees,  trustees, or receivers  appointed by  a court,                                                                   
     that  owns, operates,  manages, or controls  a plant  or                                                                   
     system for  furnishing, by generation,  transmission, or                                                                   
     distribution,  electrical  services  to the  public  for                                                                   
     compensation.                                                                                                              
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  if  the  bill  would   require  an                                                              
appropriation in the operating budget.                                                                                          
                                                                                                                                
REPRESENTATIVE   THOMAS   replied  that   it   would  require   an                                                              
appropriation each  year, although it  may not be the  same amount                                                              
each year.                                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX asked if the appropriation is required.                                                                   
                                                                                                                                
REPRESENTATIVE THOMAS replied no.                                                                                               
                                                                                                                                
REPRESENTATIVE  LEDOUX asked if  the bill  would require  a fiscal                                                              
note once the money is appropriated.                                                                                            
                                                                                                                                
REPRESENTATIVE THOMAS said yes.                                                                                                 
                                                                                                                                
4:07:01 PM                                                                                                                    
                                                                                                                                
RON  MILLER,  Executive  Director,   Alaska  Industrial  Export  &                                                              
Development Authority  (AIDEA) and Alaska Energy  Authority (AEA),                                                              
Department of  Commerce, Community,  & Economic Development,  said                                                              
that   the   bill   takes   a   "straight-forward"   approach   in                                                              
establishing  a grant program  within the  AEA.   He said  that as                                                              
funds   are   appropriated,   the  AEA   would   incorporate   the                                                              
alternative energy  program and funds into the  alternative energy                                                              
and  energy efficiency  assistance  plan,  as required  under  the                                                              
current regulations.   He  stated that,  if HB  445 were  to pass,                                                              
the  AEA  would solicit  a  request  for  proposals based  on  the                                                              
criteria established  in the bill.   He stated that  this criteria                                                              
is similar  to the AEA's Energy  Cost Reduction Program,  which is                                                              
funded  by the Denali  Commission.   He stated  that this  program                                                              
selects projects based on life cycle savings.                                                                                   
                                                                                                                                
4:09:02 PM                                                                                                                    
                                                                                                                                
SARAH FISHER-GOADE,  Alaska Energy Authority (AEA),  Department of                                                              
Commerce,  Community, &  Economic  Development, in  response to  a                                                              
question,  explained  that the  fiscal  note reflects  the  amount                                                              
that would  be available for  appropriation through  the mechanism                                                              
provided in  HB 445.   She opined  that there  would be  an annual                                                              
appropriation  requested  to  provide  the fund  transfer  to  the                                                              
alternative energy grant fund.                                                                                                  
                                                                                                                                
4:09:41 PM                                                                                                                    
                                                                                                                                
ACTING CHAIR KOTT closed public testimony.                                                                                      
                                                                                                                                
4:09:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  expressed that he has an  active interest                                                              
in  finding jobs  and "new  hope" for  Alaskans.   He opined  that                                                              
there is much  potential in renewable energy, especially  in rural                                                              
Alaska.   He stated  that this bill  is making  an effort  to work                                                              
for  the  future  of  the  state,  more  jobs  for  Alaskans,  and                                                              
additional   opportunity.       He    said,   "I   support    this                                                              
wholeheartedly."                                                                                                                
                                                                                                                                
REPRESENTATIVE  GUTTENBERG said  that  while he  is supportive  of                                                              
the bill, he  remains concerned regarding local  utilities putting                                                              
effort  into coming  up with  a grant  proposal only  to have  the                                                              
legislature not  appropriate the money.   He said "I hope  that if                                                              
we  do pass  this  ...  we follow  through  with it  [by]  funding                                                              
projects that come before us."                                                                                                  
                                                                                                                                
ACTING CHAIR  KOTT referring  to page  2, line  3, asked  for more                                                              
information regarding  the determination  of whether a  project is                                                              
"economically viable."                                                                                                          
                                                                                                                                
PETER  CRIMP,  Program  Manager,  Alternative  Energy  and  Energy                                                              
Efficiency,   Alaska  Energy   Authority   (AEA),  Department   of                                                              
Commerce, Community, & Economic Development, said:                                                                              
                                                                                                                                
     We  perform a  life-cycle analysis  of  the status  quo,                                                                   
     which  is ...  generally ...  diesel usage.   Then  [we]                                                                   
     compare the  cost of [diesel  usage] to the cost  of the                                                                   
     proposed   projects,  including   the  initial   capital                                                                   
     costs,  the [operation,  maintenance,  and fuel]  costs.                                                                   
     We  ...  bring that  back  to  a net  present  value  of                                                                   
     savings.   In  the Energy  Cost  Reduction program  that                                                                   
     [Mr. Miller]  mentioned, we  rank the projects  based on                                                                   
     their  benefit to  cost ratio  and  select the  projects                                                                   
     that way.                                                                                                                  
                                                                                                                                
ACTING  CHAIR KOTT,  referring  to  page 2,  lines  6-8, asked  if                                                              
Anchorage  would be  used as  the  base for  comparison of  fossil                                                              
fuel costs.                                                                                                                     
                                                                                                                                
MR. CRIMP  opined that  if this  portion of  the bill is  removed,                                                              
this would still  favor the selection of projects  in rural areas,                                                              
as the cost of  diesel is higher.  He said that  the AEA has found                                                              
the  savings to  be greater  in  rural areas  due to  the cost  of                                                              
diesel.   He stated that  if the use of  diesel can be  avoided by                                                              
using  hydroelectric, this  is "way  ahead," and  added that  this                                                              
could be detailed in regulations.                                                                                               
                                                                                                                                
ACTING  CHAIR KOTT  asked  if the  sponsor  would  be amenable  to                                                              
removing the aforementioned language.                                                                                           
                                                                                                                                
4:14:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMAS replied that this would be fine.                                                                          
                                                                                                                                
ACTING CHAIR  KOTT opined  that the AEA  would use Anchorage  area                                                              
costs, as no other area has lower fossil fuel costs.                                                                            
                                                                                                                                
REPRESENTATIVE GUTTENBERG  opined that if, in a  given year, there                                                              
were no  other grant requests other  than in Anchorage,  the money                                                              
could be used in Anchorage.                                                                                                     
                                                                                                                                
REPRESENTATIVE  THOMAS stated  that rural  projects are  typically                                                              
$6-$8 million  versus the  higher costs for  larger projects.   He                                                              
stated that  the intent was not  to use Anchorage as the  base for                                                              
costs.                                                                                                                          
                                                                                                                                
ACTING CHAIR  KOTT said that he  understands the intent  and noted                                                              
that the bill would not be amended.                                                                                             
                                                                                                                                
4:16:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD moved  to  report CSHB  445, Version  24-                                                              
LS1311\L,  Cook,   2/24/06,  out  of  committee   with  individual                                                              
recommendations  and the accompanying  fiscal notes.   There being                                                              
no  objection, CSHB  445(L&C) was  reported from  the House  Labor                                                              
and Commerce Standing Committee.                                                                                                
                                                                                                                                

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