04/19/2022 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB227 | |
| SB144 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 227 | TELECONFERENCED | |
| += | SB 144 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 19, 2022
3:30 p.m.
MEMBERS PRESENT
Senator Shelley Hughes, Chair
Senator David Wilson
Senator Elvi Gray-Jackson
MEMBERS ABSENT
Senator Robert Myers, Vice Chair
Senator Lyman Hoffman
COMMITTEE CALENDAR
HOUSE BILL NO. 227
"An Act relating to municipal energy and resilience improvement
assessment programs; and providing for an effective date."
- MOVED SCS HB 227(CRA) OUT OF COMMITTEE
SENATE BILL NO. 144
"An Act relating to disaster emergencies."
- MOVED CSSB 144(CRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 227
SHORT TITLE: MUNI ENERGY IMPROVEMNT ASSESSMENT PROGRAM
SPONSOR(s): REPRESENTATIVE(s) SCHRAGE
01/18/22 (H) PREFILE RELEASED 1/7/22
01/18/22 (H) READ THE FIRST TIME - REFERRALS
01/18/22 (H) ENE, CRA
01/20/22 (H) ENE AT 10:15 AM ADAMS 519
01/20/22 (H) Heard & Held
01/20/22 (H) MINUTE(ENE)
01/27/22 (H) ENE AT 10:15 AM ADAMS 519
01/27/22 (H) Moved HB 227 Out of Committee
01/27/22 (H) MINUTE(ENE)
01/31/22 (H) ENE RPT 4DP 2NR
01/31/22 (H) DP: ZULKOSKY, CLAMAN, FIELDS, SCHRAGE
01/31/22 (H) NR: KAUFMAN, RAUSCHER
03/01/22 (H) CRA AT 8:00 AM BARNES 124
03/01/22 (H) Heard & Held
03/01/22 (H) MINUTE(CRA)
03/03/22 (H) CRA AT 8:00 AM BARNES 124
03/03/22 (H) Moved HB 227 Out of Committee
03/03/22 (H) MINUTE(CRA)
03/07/22 (H) CRA RPT 3DP 3NR 1AM
03/07/22 (H) DP: DRUMMOND, HANNAN, SCHRAGE
03/07/22 (H) NR: PATKOTAK, PRAX, MCCABE
03/07/22 (H) AM: MCCARTY
03/24/22 (H) SESSION CANCELED 3/23 - ON 3/24
CALENDAR
03/24/22 (H) TECHNICAL SESSION 3/24 - ON 3/28
CALENDAR
03/28/22 (H) ADJOURNED TO 3/29 CALENDAR
03/29/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/29/22 (S) -- MEETING CANCELED --
03/31/22 (H) SESSION CANCELED 3/29 - ON 3/30
CALENDAR
03/31/22 (H) SESSION CANCELED 3/30 - ON 3/31
CALENDAR
03/31/22 (H) TECHNICAL SESSION 3/31 - ON 4/4
CALENDAR
04/04/22 (H) TRANSMITTED TO (S)
04/04/22 (H) VERSION: HB 227
04/05/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/05/22 (S) -- MEETING CANCELED --
04/06/22 (S) READ THE FIRST TIME - REFERRALS
04/06/22 (S) CRA, L&C
04/07/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/07/22 (S) -- MEETING CANCELED --
04/12/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
04/12/22 (S) Heard & Held
04/12/22 (S) MINUTE(CRA)
04/19/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 144
SHORT TITLE: DISASTER EMERGENCY PROCLAMATIONS
SPONSOR(s): SENATOR(s) REINBOLD
01/18/22 (S) PREFILE RELEASED 1/7/22
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) CRA, JUD
03/01/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/01/22 (S) Heard & Held
03/01/22 (S) MINUTE(CRA)
04/19/22 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE CALVIN SCHRAGE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 227.
DANIEL PHELPS, Staff
Senator Shelley Hughes
Alaska State Legislature
Anchorage, Alaska
POSITION STATEMENT: Reviewed the explanation of changes from
version I to version W of SB 144.
DANIEL "BUDDY" WHITT, Staff
Senator Shelley Hughes
Alaska State Legislature
Palmer, Alaska
POSITION STATEMENT: Provided a brief overview of the committee
substitute for SB 144.
KELLI TOTH, Staff
Senator Laura Reinbold
Alaska State Legislature
Anchorage, Alaska
POSITION STATEMENT: Reserved comment on SB 144, version W, until
after she reviewed it with the sponsor.
ACTION NARRATIVE
3:30:08 PM
CHAIR SHELLEY HUGHES called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:30 p.m. Present
at the call to order were Senators Gray-Jackson, Wilson, and
Chair Hughes.
HB 227-MUNI ENERGY IMPROVEMNT ASSESSMENT PROGRAM
3:30:50 PM
CHAIR HUGHES announced the consideration of HOUSE BILL NO. 227
"An Act relating to municipal energy and resilience improvement
assessment programs; and providing for an effective date."
She advised that the committee would start with the
consideration of amendments.
3:31:19 PM
CHAIR HUGHES moved to adopt Amendment 1, work order 32-
LS1028\I.11.
32-LS1028\I.11
Dunmire
4/13/22
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR HUGHES
TO: HB 227
Page 3, line 24, following "management,":
Insert "snow load management,"
3:31:28 PM
SENATOR D. WILSON objected for discussion purposes.
CHAIR HUGHES explained that Amendment 1 reflects the discussion
during the previous hearing to specifically identify snow load
managementas a resilience improvement project.
3:32:03 PM
SENATOR D. WILSON removed his objection to the adoption of
Amendment 1.
CHAIR HUGHES found no further objection, and Amendment 1 was
adopted.
3:32:15 PM
SENATOR D. WILSON moved to adopt Amendment 2, work order 32-
LS1028\I.9, on behalf of Senator Myers,
32-LS1028\I.9
Dunmire
4/14/22
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR MYERS
Page 10, following line 22:
Insert new bill sections to read:
"* Sec. 24. AS 29.10.200(64); AS 29.35.200(b)(6),
29.35.210(a)(14), 29.35.210(b)(6); AS 29.55.100,
29.55.105, 29.55.110, 29.55.115, 29.55.120, 29.55.125,
29.55.130, 29.55.135, 29.55.140, 29.55.145, 29.55.150,
29.55.155, 29.55.160, and 29.55.165 are repealed.
* Sec. 25. The uncodified law of the State of
Alaska is amended by adding a new section to read:
TRANSITION: CONTINUED SERVICING OF WRITTEN
CONTRACTS. A municipality that has established an
energy and resilience improvement assessment program
under AS 29.55.100 - 29.55.165 before June 30, 2052,
shall continue to service a written contract made
under the energy and resilience improvement assessment
program through the remainder of the contract.
However, a property owner and a lender may convert a
written contract made under the energy and resilience
improvement assessment program to a loan if both
parties agree to the conversion.
* Sec. 26. Sections 24 and 25 of this Act take
effect June 30, 2052."
Renumber the following bill section accordingly.
Page 10, line 23:
Delete "This"
Insert "Except as provided in sec. 26 of this
Act, this"
CHAIR HUGHES objected for discussion purposes.
3:32:20 PM
SENATOR D. WILSON explained that Amendment 2 adds a 30-year
sunset to the program, but allows the continuation of any
existing contracts. The amendment also provides the opportunity
for property owners and lenders to convert these loans to
conventional financing if both parties agree.
CHAIR HUGHES asked whether this would be the longest sunset date
in statute.
SENATOR D. WILSON answered that he was not aware of any other
30-year sunsets in statute.
CHAIR HUGHES asked for confirmation that municipalities would be
compelled to continue to service a contract made under the
energy and resilience improvement assessment program if it were
written before the sunset date.
SENATOR D. WILSON confirmed that was correct.
CHAIR HUGHES asked the sponsor if he would like to comment on
the amendment.
3:34:00 PM
REPRESENTATIVE CALVIN SCHRAGE, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 227, stated that Amendment 2 is a little
problematic. He relayed his concern about someone who might
enter a 30-year contract say 10 years from now. Although the
municipality would still have the authority to service the lien,
it's not clear that it would continue to have the authority to
apply the voluntary assessment, which is required for the
program to function. He was waiting for a memo from Legislative
Legal Services to alleviate his concern. He acknowledged that it
was the committee's prerogative to adopt the amendment but he
would point out that this is an existing program and it did not
have a sunset when it became law in 2017.
CHAIR HUGHES expressed her willingness to work with the drafters
to ensure that a municipality could continue to administer the
program for the remainder of any contract that extended beyond
the 30 year sunset. She asked whether the bill had a referral to
another committee.
REPRESENTATIVE SCHRAGE answered that it will go to the Senate
Labor and Commerce Committee next.
CHAIR HUGHES restated her commitment to ensure that
municipalities would be able to continue to service the loans
for the duration of the contract. If the problem isn't resolved
in the next committee of referral, she would work on it on the
floor.
3:36:42 PM
SENATOR GRAY-JACKSON asked if he had talked to anybody in the
Municipality of Anchorage about his concern.
REPRESENTATIVE SCHRAGE answered no; he only learned about the
amendment very recently and he was hoping that Legal Services
could answer some of his questions. He added that he might be
more supportive if he had those answers.
SENATOR GRAY-JACKSON advised him to have a conversation with
Legal Services and someone at the Municipality of Anchorage
before the bill is heard in Labor and Commerce so that she and
the other members of that committee could try to address the
issue before the bill reaches the floor.
CHAIR HUGHES removed her objection; finding no further
objection, Amendment 2 was adopted.
3:38:04 PM
CHAIR HUGHES opened public testimony on HB 227; finding none,
she closed public testimony.
3:38:47 PM
SENATOR D. WILSON moved to report HB 227, work order 32-LS1028\I
as amended, from committee with individual recommendations and
attached fiscal note(s).
CHAIR HUGHES found no objection and SCS HB 227(CRA) was reported
from the Senate Community and Regional Affairs Standing
Committee.
3:39:04 PM
At ease.
SB 144-DISASTER EMERGENCY PROCLAMATIONS
3:41:28 PM
CHAIR HUGHES reconvened the meeting and announced the
consideration of SENATE BILL NO. 144 "An Act relating to
disaster emergencies."
3:41:39 PM
SENATOR D. WILSON moved to adopt the CS for SB 144, work order
32-LS0434\W, as the working document.
3:41:48 PM
CHAIR HUGHES objected for purposes of explanation. She invited
Daniel Phelps to review the explanation of changes from version
I to version W of SB 144.
3:42:00 PM
At ease.
3:42:20 PM
CHAIR HUGHES reconvened the meeting.
DANIEL PHELPS, Staff, Senator Shelley Hughes, Alaska State
Legislature, Anchorage, Alaska, reviewed the following
explanation of changes from version I to version W of SB 144.
[Original punctuation provided.]
Change 1 AS 18.15.390 (b) is removed from the bill
and the remaining sections are renumbered accordingly.
Change 2 Section 1 AS 22.10.020 (j) is amended by
removing the reference to AS 26.23.023 and changing
the requirement of the superior court to expedite
consideration of challenges to the lawfulness of state
and local emergency orders from 72 hours to 5 days.
Change 3 Section 2 AS 26.23.020 (c) is amended to
state that a substantially similar proclamation of
statewide disaster emergency may not take effect
unless the legislature approves it by law. New
language is added to state that the legislature may
terminate or amend a proclamation of disaster
emergency by law including through teleconference or
digital means. The limitation that a governor may not
issue more than one proclamation for the same or
related disaster emergency has been removed.
Change 4 Section 3 AS 26.23.020 adds two new
subsections. Subsection (l) establishes that in cases
where a substantially similar disaster emergency
proclamation is issued, or the legislature extends a
statewide declaration of disaster emergency by law
that the governor shall provide the legislature and
the general public an advisory economic impact
assessment or potential economic effects caused by the
proclamation or declaration. Subsection (m)
establishes that at the conclusion of a statewide
disaster emergency which has been extended beyond 30
days, the governor shall provide the legislature and
the general public a report detailing the economic
impacts of the disaster, the declaration of disaster
emergency, and of any subsequent orders related to the
declaration of disaster emergency within one year of
lifting the declaration.
Change 5 AS 26.23.023 is removed from the bill and
the remaining sections are renumbered accordingly.
Change 6 Section 4 AS 24.05.105 adds a new
subsection providing the legislature with the ability
to declare an emergency and discontinue meeting
physically because of the emergency and establishes
means of remote participation and voting.
Change 7 Section 5 AS 29.10.200 is amended with
clarifying and conforming language that limits home
rule powers for statewide disaster emergencies and
municipal emergency orders.
Change 8 Section 6 AS 29.20.650 is amended to state
that a municipality may not issue a mandate,
guideline, or recommendation that is stricter than a
mandate, guideline, or recommendation contained in a
statewide declaration of disaster emergency.
Change 9 Section 7 AS 22.10.020 (j) adds a new
section clarifying that Section 1 has the effect of
amending Rule 40 of the Alaska Rules of Civil
Procedure and conditions the passage of Section 1 on a
two-thirds majority vote of each house.
3:46:07 PM
CHAIR HUGHES commented that the Senate Community and Regional
Affairs Committee worked extensively with the bill sponsor to
fine-tune the CS for SB 144. She invited Buddy Whitt to give a
brief history of the changes.
3:47:13 PM
DANIEL "BUDDY" WHITT, Staff, Senator Shelley Hughes, Alaska
State Legislature, Palmer, Alaska, stated that after the first
hearing on SB 144 he reached out to learn what the sponsor
sought to accomplish with the bill and understand the purpose of
each section. After several conversations it became clear that
the sponsor was motivated to ensure that there is clear language
in the law that specifies the governor's and the legislature's
duties in the event of a statewide disaster declaration. To that
end, the CS removes some language so the bill focuses entirely
on statewide disaster declarations, and uses that as the basis
for the other policy recommendations in the bill. During those
initial conversations it also became clear that there is no
actionable mechanism for the legislature to do its duty if it
can't meet as a body. To resolve that issue, the CS incorporates
language from a bill going through the other body that provides
a comprehensive way for the legislature to meet and do its
business remotely in the event of another statewide disaster
declaration.
3:51:49 PM
CHAIR HUGHES commented on the importance of the bill and relayed
her belief that the intent was to embolden the legislature to
place a check on the governor during a disaster declaration,
although the mechanism was missing for the legislature to act
without convening in Juneau. The CS incorporates the language
from a bill Representative Chris Tuck introduced several years
ago that provides a mechanism for the legislature to vote when
it meets remotely. She acknowledged that the bill still needed
work and that it could be done in the Judiciary Committee. She
explained that the CS removed Section 1 because it referenced
action by commissioners and it should be very clear that in the
executive branch "the buck stops with the governor. She agreed
with Mr. Whitt that the CS focuses on statewide disaster
declarations as opposed to regional disaster declarations. The
CS also includes an economic assessment and the Court Rule
change; both were deemed important.
3:55:34 PM
CHAIR HUGHES removed her objection; finding no further
objection, CSHB 144, version W, was adopted.
3:55:46 PM
SENATOR D. WILSON asked whether the bill in the other body had a
fiscal note attached.
MR. WHITT answered that the bill has not had a hearing so no
fiscal note had been generated.
MR. WHITT relayed that the CS includes the Court Rule change
because Section 1 directs the court to [expedite any
constitutional challenge that may arise from a statewide
emergency order]. He said this will be discussed further in the
Judiciary Committee, but he wanted the committee to be aware
that passing a Court Rule change requires a two-thirds vote on
the floor.
CHAIR HUGHES asked the sponsor's staff whether she had any
comments on the CS.
3:57:28 PM
KELLI TOTH, Staff, Senator Laura Reinbold, Alaska State
Legislature, Anchorage, Alaska, stated that she had not had an
opportunity to review the CS with the sponsor, and therefore had
no comprehensive comments at this time.
CHAIR HUGHES welcomed Ms. Toth to join the conversations about
SB 144 that will take place in her office and in the Judiciary
Committee.
3:58:59 PM
CHAIR HUGHES opened public testimony on SB 144; finding none,
she closed public testimony.
3:59:32 PM
SENATOR D. WILSON moved to report SB 144, work order 32-
LS0434\W, from committee with individual recommendations and
attached fiscal note(s).
3:59:48 PM
CHAIR HUGHES found no objection and CSSB 144 (CRA) was reported
from Senate Community and Regional Affairs Standing Committee.
3:59:53 PM
There being no further business to come before the committee,
Chair Hughes adjourned the Senate Community and Regional Affairs
Standing Committee meeting at 3:59 p.m.