Legislature(2015 - 2016)BUTROVICH 205

03/18/2015 03:30 PM Senate RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
03:30:21 PM Start
03:31:00 PM HJR6
03:55:35 PM SB57
04:17:31 PM Confirmation Hearing: Department of Natural Resources
05:07:29 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= HJR 6 FEDERAL CONTAMINATION OF ANCSA LANDS
Moved SCS HJR 6(RES) Out of Committee
+ SB 57 CLEAN AIR ACT PLAN TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Confirmation on Governor's Appointees: TELECONFERENCED
Mark Myers, Commissioner, Department of Natural
Resources
-- Public Testimony on Appointee--
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   SB  57-CLEAN AIR ACT PLAN                                                                                
                                                                                                                                
3:55:35 PM                                                                                                                    
CHAIR  GIESSEL announced  SB 57  to be  up for  consideration and                                                               
invited  her  staff  to  explain the  bill.  [CSSB  57(NRG),  29-                                                               
LS0523\G was before the committee.]                                                                                             
                                                                                                                                
3:55:54 PM                                                                                                                    
VIVIAN  STIVER,  staff to  Senator  Giessel,  sponsor of  SB  57,                                                               
Alaska  State Legislature,  Juneau,  Alaska,  explained that  the                                                               
Environmental Protection  Agency (EPA)  released a  proposed rule                                                               
regulating emissions  for power generators; it  has two elements:                                                               
statewide   emissions  reduction   targets  and   guidelines  for                                                               
development and implementation plans for those reductions.                                                                      
                                                                                                                                
She  explained  that  the  EPA  has  set  Alaska's  CO   emission                                                               
                                                      2                                                                         
reduction  target at  26  percent  by 2030.  SB  57 requires  the                                                               
Department of  Environmental Conservation (DEC) to  seek a waiver                                                               
or  a similar  exemption  from  the proposed  rule  known as  the                                                               
Existing  Source Performance  Standards Under  Section 111(d)  of                                                               
the  Clean  Air  Act  (CAA).  SB  57  provides  guidance  to  DEC                                                               
regarding the  development of a state  implementation plan should                                                               
this  rule  become  effective.  The   plan  will  not  result  in                                                               
increased  retail   or  service  rates   in  any  way   that  are                                                               
disproportionate to  households of low  or moderate  income, less                                                               
reliable electrical service,  resource inadequacy or transmission                                                               
constraints,  impairment  of  investment in  existing  electrical                                                               
generating capacity,  impairment of  the competitive  position of                                                               
manufacturers or other  public or private sectors  of the state's                                                               
economy, a decrease  in employment in the state or  a decrease in                                                               
state revenues.                                                                                                                 
                                                                                                                                
The  bill also  requires  the  DEC to  prepare  a  report to  the                                                               
legislature  that analyzes  the effects  on the  power generating                                                               
sector of  the affordability of electricity  from diverse sources                                                               
of  generation, the  type and  amount  of electricity  generating                                                               
capacity  in  the  state  that  is likely  to  be  eliminated  or                                                               
switched to  another fuel,  investment in  electricity generating                                                               
capacity  and  other  infrastructure, the  amount  of  investment                                                               
necessary to  offset retirements of electric  generating capacity                                                               
and  maintain  generation  reserve  margins,  potential  risk  to                                                               
electric reliability and resource  adequacy risk and transmission                                                               
constraints, and  the amount by  which retail  electricity prices                                                               
in the state are forecasted to increase under the plan.                                                                         
                                                                                                                                
MS. STIVER said  the bill also provides, should that  plan be put                                                               
in  place, consideration  of the  disproportionate amount  of the                                                               
increase  in the  cost  of  electricity and  the  effects of  the                                                               
employment and other economic factors on consumers.                                                                             
                                                                                                                                
SENATOR COSTELLO  asked if  any other  states that  are concerned                                                               
about  the  ability to  comply  with  the reduction  targets  are                                                               
asking for a waiver prior to the rule being adopted.                                                                            
                                                                                                                                
MS. STIVER answered  that 15 other states  had passed resolutions                                                               
in regard to the EPA's proposed rule.                                                                                           
                                                                                                                                
SENATOR COSTELLO  asked what the  difference is between  a waiver                                                               
and an exemption.                                                                                                               
                                                                                                                                
MS. STIVER  replied the  waiver may  be on  portions of  the rule                                                               
that don't  apply in the  state and  an exemption would  take the                                                               
state completely out of the rule.                                                                                               
                                                                                                                                
SENATOR  STOLTZE said  the bill  has a  $100,000 fiscal  note and                                                               
asked if there is existing money.                                                                                               
                                                                                                                                
SENATOR STEDMAN said this is a  big issue that is being forced on                                                               
states nationwide  and more information is  needed about strategy                                                               
to counteract it.                                                                                                               
                                                                                                                                
4:05:01 PM                                                                                                                    
CHAIR  GIESSEL said  committee backup  had numerous  articles and                                                               
letters  from  Senate  leadership, the  Miners  Association,  and                                                               
various state organizations  who are all aware of  this that will                                                               
point out how this has been getting addressed.                                                                                  
                                                                                                                                
SENATOR  STEDMAN  said he  is  aware,  but  the public,  the  end                                                               
consumer, needs  to become aware,  because they are the  ones who                                                               
will have to pay for it.                                                                                                        
                                                                                                                                
4:07:02 PM                                                                                                                    
SENATOR  WIELECHOWSKI  said if  the  idea  is  to get  an  Alaska                                                               
specific plan, which he applauds,  this bill seems to undercut it                                                               
because  the majority  of  the language  is  taken verbatim  from                                                               
model legislation financed by the Koch brothers.                                                                                
                                                                                                                                
MS.  STIVER  answered  that  she   looked  at  numerous  prepared                                                               
documents specifically containing  electrical generation business                                                               
language. This  is a great  tool that  outlines why the  state is                                                               
not capable  of meeting this rule  and she hopes DEC  will use it                                                               
in negotiations with the federal government.                                                                                    
                                                                                                                                
4:08:20 PM                                                                                                                    
NORMAN  ROKEBERG, Commissioner,  Regulatory Commission  of Alaska                                                               
(RCA),  Anchorage,  Alaska,  said  he  was  available  to  answer                                                               
questions  on SB  57. He  commented that  initially the  comments                                                               
provided by the SOA were the  result of a multi-agency task force                                                               
put  together  by the  governor  last  year  in response  to  the                                                               
promulgation  of  the EPA  rule.  The  Alaska Energy  Association                                                               
(AEA),  the  Port Authority,  the  RCA,  DEC and  the  governor's                                                               
office worked together with two  dozen people and devoted several                                                               
months  meeting to  file comments  with  the EPA  by December  1,                                                               
2014.                                                                                                                           
                                                                                                                                
Those  comments indicated  that the  rule mandated  a 26  percent                                                               
reduction in greenhouse gases by  2030. Analysis done by the task                                                               
force indicated  that Alaska  would not be  able to  achieve that                                                               
particular goal. The governor chose  to move forward by enjoining                                                               
the   Murray  Coal   Case  that   questioned  the   legality  and                                                               
constitutionality  of the  rule and  says that  Alaska should  be                                                               
exempt.                                                                                                                         
                                                                                                                                
To  his  knowledge,  Alaska  is  the  only  state  requesting  an                                                               
exemption,  Mr. Rokeberg  said. Some  15  states do  not want  to                                                               
participate in filing a State  Implementation Plan (STIP). Alaska                                                               
makes an extraordinarily  good case for an  exemption, because it                                                               
is not  connected with a  North American grid whereas  almost all                                                               
other portions  of the Lower  48 are. Electric utilities  can buy                                                               
bulk  electrical services  through  bidding processes  throughout                                                               
the  country  and  are  able   to  obtain  power  with  renewable                                                               
resources and have engaged in major energy efficiency programs.                                                                 
                                                                                                                                
MR.  ROKERBERG   said  it   was  essential   to  work   with  the                                                               
congressional   delegation  in   doing  everything   possible  to                                                               
convince the EPA  to exempt Alaska. Part of the  problem with the                                                               
plan is the  only areas affected under the proposed  rule are the                                                               
five  generating units  in the  Railbelt  area; the  rest of  the                                                               
state is not included. Therefore,  references in the bill talking                                                               
about electrical consumers and economic  development in the state                                                               
are a little bit off mark.                                                                                                      
                                                                                                                                
He  said the  SOA  had  invested billions  of  dollars in  energy                                                               
generation, efficiencies  and renewable  in the last  decade, and                                                               
the problem is  that EPA gives Alaska no credit  for the money it                                                               
has spent  before, because  its energy  investments have  been in                                                               
thermal and folks being able to keep their homes warm.                                                                          
                                                                                                                                
4:14:43 PM                                                                                                                    
Because the focus  is on the Railbelt, the very  large amounts of                                                               
money  invested  in  renewables,  particularly  wind  and  hydro,                                                               
Alaska  does not  receive any  credit in  terms of  computing its                                                               
greenhouse gas amount. In their  comments they requested that the                                                               
EPA  give Alaska  credit for  the  amount of  investment and  the                                                               
renewables it has undertaken statewide so far.                                                                                  
                                                                                                                                
CHAIR GIESSEL  asked if he  would be  available on Friday  and he                                                               
said he would be. She then said she would hold SB 57.                                                                           
                                                                                                                                

Document Name Date/Time Subjects
CSSB 57 ver I.pdf SRES 3/18/2015 3:30:00 PM
SB 57
HJR 6 Sponsor Statement.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 ver A.PDF SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 - Fiscal Note.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-AFN Resolution.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-ANCSA Resolution.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Letter ANCVA.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Pribilof Islands TDX.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Report to Congress. Hazardous Substance Contamination.pdf.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Tyonek Native Corporation Contaminated Sites.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Unalakleet PCB.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
SB 57 Sponsor Statement.pdf SRES 3/18/2015 3:30:00 PM
SB 57
CSSB 57 ver I.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Sectional Analysis.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 DEC fiscal note 3-13-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 - Supporting Document -Letter ARCTEC 3-12-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 - Supporting Document - Article NMA -Electrical Grid Reliability.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 - Supporting Documents - Rokeberg - observations re 111(d) in Alaska 2-12-2015.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Letter Support - Consumer Energy Alliance - AK.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Alaska Chamber 3-13-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Alaska State Senate Leadership Letter - EPA-HQ-OAR-2013-0602 - Nov 24 2014.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Article Bloomberg BNA.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Article NMA - Fact Sheet-Electricity Prices EPA Power Plant Policies Impose Regressive Electricity Tax.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Article The Daily Signal 2-17-2015.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Article The Pew Charitable Trusts 2-27-2015.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - EPA Clean Power Plan - NMA.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Letter - Golden Valley Electric Association 3-16-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Letter Alaska Miners Association 3-16-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Letter -Teamsters 3-16-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - State of Alaska Comments, Docket # EPA-HQ-OAR-2013-0602.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document -Article MINNPOST.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 - Supporting Documents - ADN Denali Park Air Quality.pdf SRES 3/18/2015 3:30:00 PM
SRES 3/20/2015 3:30:00 PM
SB 57
SB 57 Letter of Opposition - Morley.pdf SRES 3/18/2015 3:30:00 PM
SRES 3/20/2015 3:30:00 PM
SB 57
SB 57- Letter of Opposition Whytal.pdf SRES 3/18/2015 3:30:00 PM
SRES 3/20/2015 3:30:00 PM
SB 57
SB 57 Explanation of Changes Version E to I.pdf SRES 3/18/2015 3:30:00 PM
SRES 3/20/2015 3:30:00 PM
SB 57
Resume-Commissioner DNR - Myers.pdf SRES 3/18/2015 3:30:00 PM