HOUSE BILL NO. 44 "An Act relating to investments applicable to energy; authorizing the Alaska Permanent Fund Corporation to make in-state energy project investments; and authorizing certain public corporations to issue bonds for energy projects." 10:17:30 AM REPRESENTATIVE MIKE CHENAULT, SPONSOR, testified in support of HB 44. Co-Chair Stoltze provided some history and called for amendments. Representative Gara MOVED Amendment 3: Page 3, line 9, following "gas shortfalls": Insert ", the impact on consumers and the economy of high cost energy," Co-Chair Stoltze OBJECTED for DISCUSSION. Representative Gara explained the amendment. He thought it was in the state's best interest to move ahead with an in- state gas pipeline, but was concerned that a company building a gas pipeline might not prioritize consumer costs. The amendment would ensure that the Alaska Natural Gas Development Authority (ANGDA) retains the authority to evaluate a project to make sure it is in the best interest of consumers. Representative Chenault stated that he did not have a problem with the amendment. His intent was cheap gas. 10:21:13 AM Co-Chair Stoltze removed his OBJECTION. There being no further objection, Amendment 3 was ADOPTED. Co-Chair Stoltze discussed the fiscal notes. TOM WRIGHT, STAFF, REPRESENTATIVE MIKE CHENAULT, SPONSOR, noted concerns about ANGDA going out to bond, but assured the committee that Representative Chenault would keep an eye on the situation. Vice-Chair Thomas commented that he wanted an audit of ANGDA to see what they have done with the money given them in the past. Representative Fairclough pointed out the possibility that the legislation could allow a small number of legislators to take away or improperly delegate power. She stated that she wanted a clear record reflecting the desire for a stopgap measure. She referred to an opinion from Legislative Legal Services on April 2, 2009. 10:25:03 AM Mr. Wright noted that HB 152 also gave authority to the Legislative Budget and Audit Committee to approve projects. Representative Fairclough stated that she wanted it clear for the record that a small group of legislators could make a decision that changes the action of the full body. She highlighted the issue because of a recent supreme court ruling against a legislative action related to the university; the issue of the transfer of legislative powers on appropriations was challenged and won. Co-Chair Hawker MOVED to report CS HB 44(FIN) out of Committee with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 44(FIN) was REPORTED out of Committee with no recommendation and attached zero note 1 by the Department of Revenue and two new zero notes by the Department of Revenue. 10:27:26 AM AT EASE 10:27:56 AM RECONVENED