Legislature(2015 - 2016)SENATE FINANCE 532

04/09/2015 01:30 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Overview FY17 Operating Budget TELECONFERENCED
+ SB 56 MUNI ENERGY IMPROVEMNT ASSESSMNTS/BONDS TELECONFERENCED
Heard & Held
+= SCR 1 CIVICS EDUCATION TASK FORCE TELECONFERENCED
Moved CS SCR 1(EDC) Out of Committee
+= SJR 2 CONST. AM: G.O. BONDS FOR STUDENT LOANS TELECONFERENCED
Moved SJR 2 Out of Committee
+ SB 22 MOTOR VEHICLE REG. TAX: COLLECTION COSTS TELECONFERENCED
Heard & Held
SB 50 AIDEA: BONDS;PROGRAMS;LOANS;LNG PROJECT
<Pending Referral>
= SB 26 BUDGET: CAPITAL
Moved CSSB 26(FIN) Out of Committee
SENATE BILL NO. 56                                                                                                            
                                                                                                                                
     "An Act  adopting the Municipal Property  Assessed Clean                                                                   
     Energy  Act;  authorizing  municipalities  to  establish                                                                   
     programs to  impose assessments for  energy improvements                                                                   
     in  regions   designated  by  municipalities;   imposing                                                                   
     fees; and providing for an effective date."                                                                                
                                                                                                                                
1:56:43 PM                                                                                                                    
                                                                                                                                
GENE  THERRIAULT, DEPUTY  DIRECTOR,  STATEWIDE ENERGY  POLICY                                                                   
DEVELOPMENT,  ALASKA ENERGY  AUTHORITY  (AEA), DEPARTMENT  OF                                                                   
COMMERCE,   COMMUNITY  AND   ECONOMIC  DEVELOPMENT   (DCCED),                                                                   
discussed SB  56, and explained  that the bill would  offer a                                                                   
new  mechanism to  municipal  governments  to work  with  the                                                                   
commercial property  owners to implement  energy improvements                                                                   
to  their  facilities.   He  recounted  that  in   2010,  the                                                                   
legislature set  a goal for a  15 percent increase  in energy                                                                   
efficiency  in the  state by the  year 2020.  He shared  that                                                                   
AEA  had been  tracking the  progress towards  the goal,  and                                                                   
evaluating  areas in which  the state  was moving forward  or                                                                   
not. He explained  that AEA operated a program  that assisted                                                                   
commercial  property  owners  with  energy  audits  of  their                                                                   
properties. He recounted  that AEA had done about  170 of the                                                                   
audits  through  the  program   across  the  state,  and  for                                                                   
properties   that  had   subsequently   moved  forward   with                                                                   
improvements  they generally  saw  yearly  energy savings  of                                                                   
about  30  percent.  He  remarked  on  the  sizable  possible                                                                   
savings  and expressed  a desire that  more businesses  would                                                                   
do  the audits  and  follow  through with  the  improvements.                                                                   
Through  a  survey  of energy  audit  participants,  AEA  had                                                                   
concluded that financing  was one of the  primary impediments                                                                   
for businesses to complete the improvements.                                                                                    
                                                                                                                                
1:59:27 PM                                                                                                                    
                                                                                                                                
Mr. Therriault  related that through  his interaction  with a                                                                   
national  energy association,  he met  with the  participants                                                                   
from different states  and looked at mechanisms  other states                                                                   
were  using  in   the  same  scenario.  He   identified  that                                                                   
Property   Assessed  Clean   Energy   (PACE)  financing   was                                                                   
currently being  used in about  31 other states.  He directed                                                                   
attention  to  the  presentation  "SB  56  Property  Assessed                                                                   
Clean  Energy (PACE)"  (copy  on  file), and  emphasized  the                                                                   
concept   of  "property   assessed"   within  the   financing                                                                   
mechanism.                                                                                                                      
                                                                                                                                
Mr.  Therriault   detailed  that  by  using  PACE,   a  local                                                                   
government  that  assessed  property  tax  could  voluntarily                                                                   
engage a  program under which  they (through a  revenue bond)                                                                   
would collect a  pool of money or work with  local lenders to                                                                   
lend to private  business owners. The repayment  of the loans                                                                   
was made  by a  voluntary assessment  that  was added to  the                                                                   
individual  property owner's  yearly  tax  bill. Because  the                                                                   
loan had  the enforcement and  collection power of  the local                                                                   
government,  the  default rate  was  very low.  He  furthered                                                                   
that because  of the  low default rate,  the loans  were low-                                                                   
risk, could lead  to lowered interest rates,  and could allow                                                                   
the  property owner  to stretch  the payments  over a  longer                                                                   
period of between 10 and 20 years.                                                                                              
                                                                                                                                
Mr. Therriault  stated that  AEA's goal was  to offer  a low-                                                                   
cost  source of  capital  with a  long  repayment period,  so                                                                   
that  on a  yearly  basis  individual property  owners  could                                                                   
have  net-positive cash  flow through  lowering their  energy                                                                   
cost  by more  than  the  yearly  loan repayment  amount.  He                                                                   
noted that the  legislation was modelled after  a bill passed                                                                   
in Texas a year  previously, and SB 56 contained  a number of                                                                   
protections that were offered in the Texas statute.                                                                             
                                                                                                                                
Mr. Therriault  agreed to point  out the various  protections                                                                   
as  the committee  was  viewing the  remaining  presentation,                                                                   
including  those that  pertained to  local government,  local                                                                   
business,  and  existing  banks.  He continued  that  he  had                                                                   
worked with  the Alaska  Banking Association,  and they  were                                                                   
supportive  of   the  legislation  pending  inclusion   of  a                                                                   
specific  provision in  the bill.  Other supporters  included                                                                   
the  Alaska   Municipal  League  and  the   Alaska  Statewide                                                                   
Chamber  of Commerce.  He  characterized  PACE  as a  "common                                                                   
sense tool"  for local governments  to use in  moving towards                                                                   
the goal of energy efficiency.                                                                                                  
                                                                                                                                
2:02:43 PM                                                                                                                    
                                                                                                                                
EMILY  FORD,  ENERGY  POLICY  AND  OUTREACH  MANAGER,  ALASKA                                                                   
ENERGY  AUTHORITY,  DEPARTMENT  OF  COMMERCE,  COMMUNITY  AND                                                                   
ECONOMIC   DEVELOPMENT,   presented   slide   2,   "What   is                                                                   
Commercial PACE?"                                                                                                               
                                                                                                                                
   · PACE was named one of the top 20 "world-changing ideas                                                                     
     by Scientific American magazine."                                                                                          
   · Commercial Property Assessed Clean Energy programs                                                                         
     (PACE) allows property owners to finance qualifying                                                                        
     energy efficiency improvements overtime through a                                                                          
     voluntary assessment on the property tax bill.                                                                             
   · Voluntary    participation    by   municipalities    AND                                                                   
     commercial property owners                                                                                                 
   · Mortgage    holder    consent   is    required    before                                                                   
     applications are approved and assessments are placed                                                                       
   · Improvements can include lighting upgrades, renewable                                                                      
     energy, conversion to natural gas, high-efficiency                                                                         
     boilers, and additional energy efficiency improvements                                                                     
   · The repayment obligation transfers with the sale of                                                                        
     property                                                                                                                   
                                                                                                                                
Ms. Ford discussed slide 3, "Benefits":                                                                                         
                                                                                                                                
     · Energy efficiency upgrades are financed with capital                                                                     
        secured by a primary lien on the property, lower-                                                                       
        interest capital and favorable repayment terms can                                                                      
        be raised from the private sector                                                                                       
     · Allows for longer repayment periods allowing the                                                                         
        building owner to recognize immediate operating                                                                         
        savings while repaying the debt                                                                                         
     · Can use traditional lending sources                                                                                      
     · In Alaska, provides consistency with state energy                                                                        
        policy, energy efficiency and renewable energy goals                                                                    
                                                                                                                                
Ms. Ford presented slide 4, "Creating a PACE Program":                                                                          
                                                                                                                                
     · 31 states have authorized PACE programs                                                                                  
     · State legislatures must provide authority for local                                                                      
        governments to establish and operate commercial PACE                                                                    
        programs                                                                                                                
     · Municipalities to create the program and select                                                                          
        financing models                                                                                                        
     · Resources: U.S. Department of Energy, PaceNow.org,                                                                       
        C-Pace.com                                                                                                              
                                                                                                                                
Ms. Ford noted that there were multiple resources online                                                                        
for municipalities and businesses, including marketing                                                                          
tools and sample contracts.                                                                                                     
                                                                                                                                
Ms. Ford presented slide 5, "Potential PACE Models,"                                                                            
detailing the wide spectrum of PACE programs that could be                                                                      
implemented on the local level:                                                                                                 
                                                                                                                                
     · Local-government driven                                                                                                  
          o Either property assessment office or a PACE                                                                         
             office used as interface with commercial                                                                           
             property owners and potential lenders                                                                              
          o Bond financing                                                                                                      
     · Private-sector driven                                                                                                    
          o Third-party administrator under contract with                                                                       
             local government                                                                                                   
          o Private financing                                                                                                   
     · Hybrid model                                                                                                             
          o Smaller local governments can contract with                                                                         
             other communities or regional organizations to                                                                     
             administer the program                                                                                             
          o Identify all potential funding sources (bonds,                                                                      
             revolving loan funds, private capital)                                                                             
                                                                                                                                
Ms. Ford  discussed that  the local-government-driven  models                                                                   
for states with  many energy efficiency programs  and efforts                                                                   
had   separate   PACE   offices  and   the   government   was                                                                   
responsible  for  the  marketing  and  interfacing  with  the                                                                   
community.  The private-driven  or  "main  street" model  was                                                                   
developed  so   the  work  was   absorbed  by   the  existing                                                                   
assessor's office  and was reliant  on the private  sector to                                                                   
market the program.  She related that most often  there was a                                                                   
hybrid model where all sources of funding were used.                                                                            
                                                                                                                                
2:04:41 PM                                                                                                                    
                                                                                                                                
Ms. Ford  addressed slide 7,  explaining that  the subsequent                                                                   
slides would  consist of  a sectional  analysis of  the bill.                                                                   
She read from slide 7:                                                                                                          
                                                                                                                                
     · Section 1 amends AS 29 by adding a new chapter: AS                                                                       
        29.49: Municipal Property Assessed Clean Energy Act                                                                     
     · AS 29.49.020 Would allow for a property tax                                                                              
        assessment to be added for financing of qualified                                                                       
        projects on real property.                                                                                              
          o Improvements may not be made to vacant lots or                                                                      
             property undergoing  development at the  time of                                                                   
             assessment                                                                                                         
          o Not to finance purchase of temporary products                                                                       
             or  anything  not  permanently   fixed  to  real                                                                   
             property                                                                                                           
     · AS 29.49.30 Would require a written contract between                                                                     
        the local government and record owner of the real                                                                       
        property                                                                                                                
                                                                                                                                
Ms. Ford continued on slide 8:                                                                                                  
                                                                                                                                
     · AS 29.49.040 Establishes the program                                                                                     
          o Local government may enter into a contract with                                                                     
             a  property  owner  to  impose   an  assessment.                                                                   
             Financing can  be provided  by the  municipality                                                                   
             or a third-party                                                                                                   
          o If    third-party   financing    is   used,   the                                                                   
             municipality,  third-party  financer   and  real                                                                   
             property owner must all enter into a contract                                                                      
          o The assessment imposed may cover some costs for                                                                     
             the commercial property owner,  including permit                                                                   
             and lenders  fees,  administration, and  project                                                                   
             development and engineering costs                                                                                  
     · AS 29.49.050 Designates the Eligible Region                                                                              
          o The municipality's governing body may designate                                                                     
             one or more area(s) of the municipality (within                                                                    
             its jurisdiction) as a PACE-eligible region(s)                                                                     
                                                                                                                                
Ms. Ford commented that the provision for designating the                                                                       
eligible region was consistent with land use policies, and                                                                      
was a tool for incentivizing commercial districts.                                                                              
                                                                                                                                
2:06:04 PM                                                                                                                    
                                                                                                                                
Ms. Ford explained went over slide 9:                                                                                           
                                                                                                                                
     · AS 29.49.060 Defines the Procedure to Create the                                                                         
        Program                                                                                                                 
          o If the municipality chooses to create a PACE                                                                        
             program the governing body of a municipality                                                                       
             must (in order):                                                                                                   
            1) Adopt a resolution of intent that                                                                                
               ƒ  shows  that  providing  the   PACE  program                                                                   
                  serves a valid public purpose                                                                                 
               ƒ  includes  a   statement  the   municipality                                                                   
                  intents to make PACE available to                                                                             
                 commercial property owners                                                                                     
               ƒ  includes   a   description   of   qualified                                                                   
                  projects                                                                                                      
               ƒ describes the boundaries of the region                                                                         
               ƒ  describes  the   available  financing   for                                                                   
                  qualified projects (i.e. bonds, local                                                                         
                  lenders, etc.)                                                                                                
               ƒ  describes  the  municipal   debt  servicing                                                                   
                  procedures if third-party financing is                                                                        
                  used                                                                                                          
               ƒ  describes  how the  public  can access  the                                                                   
                  program report required by AS 29.49.070                                                                       
               ƒ  identifies  public contacts  regarding  the                                                                   
                  collection of the proposed contractual                                                                        
                  assessments                                                                                                   
                                                                                                                                
Ms. Ford continued on slide 10:                                                                                                 
                                                                                                                                
     · AS 29.49.060 Defines the Procedure to Create the                                                                         
        Program                                                                                                                 
        o The governing body of a municipality must:                                                                            
          2) hold a public hearing with opportunity for                                                                         
          public comment                                                                                                        
          3) adopt a resolution establishing the program,                                                                       
          including terms consistent with the publicly-                                                                         
          available program report required by AS 29.49.070                                                                     
             o the description of each aspect of the                                                                            
               program can only be amended after another                                                                        
               public hearing                                                                                                   
        o The program can only be amended by resolution                                                                         
        o A municipality may hire and set compensation for                                                                      
          a program administrator, staff or contract for                                                                        
          professional services                                                                                                 
        o A municipality may impose fees to offset the                                                                          
          costs of administering the program, to include an                                                                     
          application fee and/or a component of the                                                                             
          interest rate                                                                                                         
                                                                                                                                
Ms. Ford turned to slide 11:                                                                                                    
                                                                                                                                
     · AS 29.49.070 Requires a Publicly-Available Program                                                                       
        Report                                                                                                                  
          o The report must include:                                                                                            
               ƒ a map of the program region boundaries                                                                         
               ƒ a form contract between the municipality                                                                       
                  and the property owner that specifies the                                                                     
                  terms of the assessment and any financing,                                                                    
                  including third-party and municipal                                                                           
               ƒ if appropriate a form contract between the                                                                     
                  municipalities    and    the    third-party                                                                   
                  financer regarding the servicing of the                                                                       
                  debt through assessments                                                                                      
               ƒ a description of qualified projects                                                                            
               ƒ a plan for ensuring sufficient capital                                                                         
               ƒ if bonds are used the report must include:                                                                     
                    · a maximum aggregate annual dollar                                                                         
                       amount for financing                                                                                     
                    · a method for ranking requests from                                                                        
                      property owners                                                                                           
                    · a method for determining the interest                                                                     
                       rate and maximum amount of an                                                                            
                       assessment                                                                                               
               ƒ a method for ensuring the repayment period                                                                     
                  does not exceed the useful life of the                                                                        
                  qualified project                                                                                             
                                                                                                                                
2:07:54 PM                                                                                                                    
                                                                                                                                
Ms. Ford continued on slide 12:                                                                                                 
                                                                                                                                
     · AS 29.49.070 Requires a Publicly-Available Program                                                                       
        Report (continued)                                                                                                      
        o The report must include:                                                                                              
             ƒ a description  of the application  process and                                                                   
               eligibility requirements                                                                                         
             ƒ a  method  for ensuring  qualified  applicants                                                                   
               can  demonstrate financial ability  to fulfill                                                                   
               financial    obligations   and    verify   the                                                                   
               applicant   is   the   legal  owner   of   the                                                                   
               property,   is   current   on   mortgage   and                                                                   
               property  taxes  and is  not  insolvent or  in                                                                   
               bankruptcy                                                                                                       
             ƒ an   explanation   of   the   assessment   and                                                                   
               collection process                                                                                               
             ƒ an   explanation    of   the   lender   notice                                                                   
               requirement provided by AS 29.49.080                                                                             
             ƒ an  explanation   of  the  review  requirement                                                                   
               provided by AS 29.49.090                                                                                         
             ƒ a description  of the marketing  and education                                                                   
               services to be provided                                                                                          
             ƒ a   description  of   quality  assurance   and                                                                   
               antifraud measures                                                                                               
             ƒ collection procedures                                                                                            
             ƒ a   requirement  for   an  appropriate   ratio                                                                   
               between the assessment and property value                                                                        
        o The report must be available online and at the                                                                        
          municipal offices                                                                                                     
                                                                                                                                
Ms. Ford explained slide 13:                                                                                                    
                                                                                                                                
   · AS 29.49.080 Notice to Mortgage Holder Required                                                                            
   · AS 29.49.090 Review Required                                                                                               
     o A third-party baseline energy audit and projected                                                                        
        energy savings are required                                                                                             
     o Once a qualified project is complete, the                                                                                
        municipality shall obtain third-party verification                                                                      
        that the project was properly completed and                                                                             
        operating as intended                                                                                                   
   · AS 29.49.100 Direct Acquisition by Owner                                                                                   
        o The property owner may be authorized to purchase                                                                      
          directly  the related  equipment  and materials  or                                                                   
          contract  directly, including through  lease, power                                                                   
          purchase  agreement or  other service contract  for                                                                   
          the  installation or  modification  of a  qualified                                                                   
          improvement                                                                                                           
                                                                                                                                
Mr.  Therriault clarified  that  the required  notice to  the                                                                   
mortgage  holder (AS 29.49.080)  was one  of the  protections                                                                   
he  had mentioned  earlier.  He  discussed working  with  the                                                                   
Alaska Bankers  Association, and  noted that if  a commercial                                                                   
business  had a  mortgage to  a local  bank, permission  from                                                                   
the  mortgage  holder  was required  before  initiating  PACE                                                                   
financing.  He explained  that the  PACE financing  appearing                                                                   
on the  property tax  bill would become  a superior  lien and                                                                   
relegate the mortgage  to a secondary position.  He furthered                                                                   
that more banks  across the nation were willing to  do so, as                                                                   
the  PACE financing  was  collateralizing  the mortgages  and                                                                   
making  the associated  businesses  more financially  viable.                                                                   
With  the   provision  included,   the  bankers   association                                                                   
supported the legislation.                                                                                                      
                                                                                                                                
Mr. Ford read from slide 14:                                                                                                    
                                                                                                                                
   · AS 29.49.110 Contractual Assessment must be Noticed                                                                        
        o Written notice of each contractual assessment                                                                         
          shall  be filed  by  the municipality  in the  real                                                                   
          property   records,    including   the   assessment                                                                   
          amount,  legal description  of  the property,  name                                                                   
          of  each property  owner and  the reference  to the                                                                   
          statutory  assessment   lien  provided  under  this                                                                   
          chapter                                                                                                               
   · AS 29.49.120 Contractual Assessments and any Interest                                                                      
     or Penalties are Primary Liens on the Property                                                                             
        o exceptions are municipal tax liens and special                                                                        
          assessments                                                                                                           
        o enforcement provided in AS 29.45.320-470                                                                              
        o contractual assessment liens stay with the land                                                                       
          and not eliminated by foreclosure                                                                                     
        o penalties and interest may be added to delinquent                                                                     
          installments, as provided in AS. 29.45.250                                                                            
        o municipalities may recover cost and expenses,                                                                         
          including  attorney  fees to  collect a  delinquent                                                                   
          installment                                                                                                           
   · AS 29.49.130 Collection of Assessments                                                                                     
        o Municipalities    may    contract   with    another                                                                   
          governing  body of another  taxing unit  to perform                                                                   
          assessments collections                                                                                               
                                                                                                                                
Ms. Ford  noted that  AS 29.49.130  was important to  smaller                                                                   
communities that  might not have the internal  capacity to be                                                                   
able to administer a PACE program.                                                                                              
                                                                                                                                
2:10:24 PM                                                                                                                    
                                                                                                                                
Ms. Ford presented slide 15:                                                                                                    
                                                                                                                                
   · AS 29.49.140 Municipalities may Issue Bonds or Notes                                                                       
     to Finance Qualified Projects                                                                                              
        o These may not be general obligations bonds and                                                                        
          must be secured by one or more of the following:                                                                      
             ƒ payments of the contractual assessments                                                                          
             ƒ municipal reserves from grants, bonds, or                                                                        
               net proceeds and other lawfully available                                                                        
               funds                                                                                                            
             ƒ municipal bond insurance, lines of credit,                                                                       
               public  or  private guarantees,  standby  bond                                                                   
               purchase  agreements, collateral  assignments,                                                                   
               mortgages,  or  available means  of  providing                                                                   
               credit support or liquidity                                                                                      
             ƒ any other funds lawfully available for                                                                           
               purposes consistent with this chapter                                                                            
        o A municipal pledge of assessments, funds, or                                                                          
          contractual   rights   in   connection   with   the                                                                   
          issuance  of  bonds  is  a  first  lien  valid  and                                                                   
          binding against  any other person, with  or without                                                                   
          notice                                                                                                                
        o Bonds or notes issued must further an essential                                                                       
          public   and   governmental    purpose,   including                                                                   
          reducing   energy   costs,   improving   electrical                                                                   
          reliability,   reduction   of  energy   demand   on                                                                   
          utilities,  economic  development,  employment  and                                                                   
          enhancement of property values                                                                                        
                                                                                                                                
Mr.  Therriault  pointed  out   that  the  section  contained                                                                   
another   of   the   aforementioned    protections;   general                                                                   
obligation bonds could  not be utilized, and PACE  could be a                                                                   
sub-unit of  the borough. A  revenue bond would  entail money                                                                   
loaned  out and  paid back  by the  specific property  owners                                                                   
that used the funds.                                                                                                            
                                                                                                                                
Ms. Ford moved to slide 16.                                                                                                     
                                                                                                                                
     · AS 29.49.150 Joint Implementation                                                                                        
          o  Any combination of  municipalities may  agree to                                                                   
             jointly implement or administer a program or                                                                       
             contract with a third party. A public hearing                                                                      
             as outlined in AS 29.49.060 is required.                                                                           
     · AS 29.49.160 Prohibited Acts                                                                                             
          o A municipality that establishes a PACE region                                                                       
             may not compel a property owner to use PACE or,                                                                    
             make any permit, license, or authorization                                                                         
             contingent on a property owner using PACE.                                                                         
     · AS 29.49.900 Adds Definitions of Program, Qualified                                                                      
        Improvement, Qualified Project, Real Property and                                                                       
        Region.                                                                                                                 
     · AS 29.49.995 Adds the Short Title "Municipal                                                                             
        Property Assessed Clean Energy Act."                                                                                    
     · Section 2 Establishes an Immediate Effective Date                                                                        
                                                                                                                                
Mr.  Therriault  spoke  to  AS 29.49.160  of  the  bill,  and                                                                   
stated  that it  was an  important protection;  if the  local                                                                   
government  chose to offer  PACE, they  could not coerce  any                                                                   
business  owner   to  use  the  mechanism.  They   could  not                                                                   
withhold any license  or permit, and it needed to  be used by                                                                   
the business owner on a completely voluntary basis.                                                                             
                                                                                                                                
2:12:02 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  thanked the testifiers for  their concise                                                                   
and clear overview.                                                                                                             
                                                                                                                                
Senator  Bishop asked  if  Sections 29.49.130  and  29.49.150                                                                   
helped  the hybrid  model be  conforming.  He referenced  the                                                                   
potential  PACE models  listed on  slide 5  and thought  that                                                                   
those sections  of the bill made  the hybrid model  work. Ms.                                                                   
Ford  agreed, stating  that it  pertained  to the  collection                                                                   
aspect of the model.                                                                                                            
                                                                                                                                
Co-Chair MacKinnon OPENED public testimony for SB 56.                                                                           
                                                                                                                                
2:13:31 PM                                                                                                                    
                                                                                                                                
KATHY WASSERMAN,  ALASKA MUNICIPAL LEAGUE,  JUNEAU, testified                                                                   
in  support  of  the bill.  She  stated  that  the  municipal                                                                   
league was  in favor of  the bill, and  related that  she had                                                                   
talked at length  with Mr. Therriault about  the legislation.                                                                   
She supported  the fact  that the  program was optional.  She                                                                   
discussed  cities and  boroughs that  might participate,  and                                                                   
thought  that  the legislation  could  benefit  the  business                                                                   
owners  as  well  as the  municipalities.  She  stressed  the                                                                   
importance  that the bill  allowed for  a public process,  so                                                                   
that the  members of the community  would know what  the city                                                                   
was doing with the funds.                                                                                                       
                                                                                                                                
2:15:01 PM                                                                                                                    
                                                                                                                                
CHRIS  ROSE,   EXECUTIVE  DIRECTOR,   REAP,  ANCHORAGE   (via                                                                   
teleconference),  testified  in   support  of  the  bill.  He                                                                   
related  that REAP  was a  statewide  education and  advocacy                                                                   
group  for  renewable  energy   and  energy  efficiency.  The                                                                   
project  had been  promoting  the idea  of  property-assessed                                                                   
clean energy for a couple of years.  He considered it to fill                                                                   
a gap in the state to incentivize  commercial building owners                                                                   
to do energy  retrofits. He echoed Mr.  Therriault's comments                                                                   
regarding the  30 percent increase in efficiency.  He pointed                                                                   
out the  advantage to communities  of having more  funds stay                                                                   
locally rather  than being exported for energy  costs without                                                                   
the increased efficiencies.                                                                                                     
                                                                                                                                
Senator Dunleavy  asked Mr. Rose  if his group  would benefit                                                                   
from the  legislation, and  in what  way. Mr. Rose  responded                                                                   
that the project would not benefit from the bill.                                                                               
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony for the bill.                                                                        
                                                                                                                                
2:17:01 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon  asked  about Section  29.49.070  of  the                                                                   
bill, and  whether community members  were required to  be in                                                                   
good standing  with regard  to their  credit rating.  She had                                                                   
observed there were  some parameters, but did  not notice one                                                                   
in relation  to credit rating.  Mr. Therriault did  not think                                                                   
there was  a specific requirement  related to  credit rating,                                                                   
and  inquired if  Co-Chair MacKinnon's  concern pertained  to                                                                   
securing a source  of funds in the bond market  or related to                                                                   
the credit rating of the individual property owner.                                                                             
                                                                                                                                
Co-Chair  MacKinnon  commented  that there  was  no  language                                                                   
pertaining  to good standing,  and expected  that a  business                                                                   
owner should  be in  good credit standing  in order  to enter                                                                   
into  a relationship  with  the municipality.  She  discussed                                                                   
other funds she  had reviewed while chairing  the Legislative                                                                   
Budget and Audit  Committee, and wondered if  there should be                                                                   
good standing language  in the bill in order to  be assured a                                                                   
business  was  handling  its finances  well.  Mr.  Therriault                                                                   
thought  that  there  was  language  somewhere  in  the  bill                                                                   
intended to make  sure that businesses were  in good standing                                                                   
and not  in arrears,  delinquent, or  in bankruptcy;  but was                                                                   
unable  to point  it out  at the  moment. He  agreed to  work                                                                   
with Co-Chair  MacKinnon's  staff to point  out the  relevant                                                                   
text in the bill.                                                                                                               
                                                                                                                                
2:18:48 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon asked  about AS  29.49.090, dealing  with                                                                   
review requirements  of the loan; and wondered  whether there                                                                   
was  a  savings  requirement or  specific  efficiency  for  a                                                                   
business  to project  in  order  to qualify.  Mr.  Therriault                                                                   
relayed that there  was a requirement that a  business get an                                                                   
energy  audit,  then  show  a  plan  demonstrating  estimated                                                                   
savings  after improvements.  He  highlighted the  importance                                                                   
of a  business showing  it was  capable of repayment  through                                                                   
the savings.                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon  elaborated  that PACE  was  an  optional                                                                   
program; and  observed that in  the "green" programs  she had                                                                   
reviewed,  it had  been beneficial  to set  a minimum  energy                                                                   
efficiency level.  She thought  people could start  borrowing                                                                   
funds  for improvements  at a  lower cost  than was  provided                                                                   
through   the  bill,   resulting   in  increased   debt   for                                                                   
municipalities.  She   hoped  that  after   the  municipality                                                                   
incurred  debt  through  the program,  the  goal  of  energy-                                                                   
efficient buildings would be met.                                                                                               
                                                                                                                                
Mr. Therriault remarked  that the bond owners  would evaluate                                                                   
the savings achieved  through the program to  assess that the                                                                   
funds would  pay back the revenue  bond. He pointed  out that                                                                   
the  bill language  specifically  prohibited  the funds  from                                                                   
becoming  a general  obligation  of the  government, and  the                                                                   
repayment stream  for the loans  were actually  the repayment                                                                   
for the bonds.                                                                                                                  
                                                                                                                                
2:21:16 PM                                                                                                                    
                                                                                                                                
Senator Olson found  it unusual that a mortgage  holder would                                                                   
agree  to be  listed as  a secondary.  He  thought that  most                                                                   
banks wanted  to retain  the primary  position, and  wondered                                                                   
what would  happen in  the eventuality of  a downturn  in the                                                                   
economy. Mr.  Therriault stated  that individual  banks would                                                                   
have to  consider the factors,  and would have  the decision-                                                                   
making  power  to  deny  requests  if  the  economy  was  not                                                                   
favorable. He  clarified that  PACE would still  be available                                                                   
to any business that had no outstanding mortgage.                                                                               
                                                                                                                                
Mr.  Therriault   referred  back   to  Co-Chair   MacKinnon's                                                                   
question regarding  the verification of good standing  of the                                                                   
property  owner, and  pointed out  the relevant  text on  the                                                                   
bottom of page 6 and the top of page 7 of the bill:                                                                             
                                                                                                                                
     (b) The method for ensuring a demonstration of                                                                             
     financial ability under (a)(9) of this section must be                                                                     
     based on appropriate underwriting factors, including                                                                       
           (1) providing for verification that                                                                                  
               (A) the property owner requesting to                                                                             
               participate under the program is                                                                                 
                     (i) the legal owner of the benefited                                                                       
                    property;                                                                                                   
                    (ii) current on mortgage and property                                                                       
                    tax payments; and                                                                                           
                    (iii) not insolvent or in bankruptcy                                                                        
                    proceedings; and                                                                                            
                                                                                                                                
Ms. Ford added  that bill also required an  appropriate ratio                                                                   
between the assessed  value of the property  and the proposed                                                                   
improvements.                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon  asked about AS 29.49.140  regarding bonds                                                                   
under  notes. She  inquired  if municipalities  would  access                                                                   
the  state municipal  bond bank  to provide  backing for  the                                                                   
loans.  Mr. Therriault  did  not  believe so,  and  clarified                                                                   
that the revenue  bonds were backed by the  program they were                                                                   
operating,  rather than  being  a general  obligation of  the                                                                   
municipality.                                                                                                                   
                                                                                                                                
Mr.  Therriault relayed  that  the bill  sponsors had  worked                                                                   
with  members of  the other  body  on "small  tweaks" to  the                                                                   
bill, and advised  that he would be amenable  to working with                                                                   
Co-Chair  MacKinnon's staff  to make  recommendations as  she                                                                   
considered  any changes  to the  bill. He  agreed to  provide                                                                   
the changes in writing.                                                                                                         
                                                                                                                                
SB  56   was  HEARD  and   HELD  in  committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 56 Supporting Document BOSCOS letter - Copy.pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SB 56 PACE Presentation SFIN 04 09 15.pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SB056 A Supporting Documents- Letter REAP.docx SFIN 4/9/2015 1:30:00 PM
SB 56
SB056A Hearing Request Letter .pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SB056A Supporting Documents- Letter IGU.pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SB056A Supporting Documents- Letter FNSB.pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SB056A Supporting Documents- Letter City of Fairbanks .pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SB056A Supporting Documents- Letter Alaska Bankers Association.pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SB056A Sectional Analysis.pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SB 56 Governor Sponsor Statement.pdf SFIN 4/9/2015 1:30:00 PM
SB 56
SJR 2 Letter of Support-University of Alaska.pdf SFIN 4/9/2015 1:30:00 PM
SJR 2
SJR 2 Letter of Support-Juneau Chamber of Commerce.pdf SFIN 4/9/2015 1:30:00 PM
SJR 2
SJR 2 Sectional Analysis.pdf SFIN 4/9/2015 1:30:00 PM
SJR 2
SJR 2 Sponsor Statement.pdf SFIN 4/9/2015 1:30:00 PM
SJR 2
SB 22 - Additional Questions to DMV.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - Analysis of DMV Responses by Dan Moore.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - Commission Agents Cost to DMV.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - DMV Data Summary.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - DMV PCN Info.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - DMV-MVRT Information.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - DMV-MVRT Leasing Costs.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - Fact Sheet.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - Motor Vehicle Registration Tax Communities.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - Sectional Analysis.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - Sponsor Statement.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 22 - Supporting Documents Letter of Support from MOA.pdf SFIN 4/9/2015 1:30:00 PM
SB 22
SB 26 Amendment 1 - MacKinnon.pdf SFIN 4/9/2015 1:30:00 PM
SB 26
SB 26 work order version I.pdf SFIN 4/9/2015 1:30:00 PM
SB 26
SB 26 Legal Opinion - Kivalina School Construction.pdf SFIN 4/9/2015 1:30:00 PM
SB 26
SB 26 Amendment 2 - Olson.pdf SFIN 4/9/2015 1:30:00 PM
SB 26