Conservation Watch #28 4/22/2010

In this Issue

26th Legislature Wrap-up

Legislative Potpourri

From the Blog

Tweet of the Week

Conservation Bills Passed

A huge year for conservation issues. Alaska Conservation Voters environmental priorities fare well in raucous final week of the 26th Alaska State Legislature.

Happy Earth Day!

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26th Alaska State Legislature: Wrap-up

Read More:

• An early Conservation Watch Feature on SB220
  
• Senate Finance Co-Chair, Sen. Bert Stedman comments on passage of SB 220

SB 220

Alaska Sustainable Energy Act

HB 306

State Energy Policy

Senate Committee Substitute for Committee Substitute for House Bill No. 306(FIN) Amend Senate Passes!

The Conservation community has much to celebrate with the passage of two breath-taking pieces of Clean Energy legislation. Senate Bill 220 the Alaska Sustainable Energy Act and House Bill 306 the State Energy Policy mark a turning point in Alaska’s years-long progress of renewable energy and energy efficiency.

With strong Energy Efficiency provisions to ensure wise energy use today and with the visionary creation of an Emerging Energy Technology Fund, Alaska continues to move forward and we are getting ever closer to achieving our vision of a sustainable energy future. Together HB 306 and SB 220 set the goals we need to reach in the coming decades and create the incentives we need to get there.

The passage of the SB 220 and the HB 306 was due to the efforts a great many people beyond this list, but we’d like to thank:

• The Honorable Bill Wielechowski, Senator for District J – Anchorage, Co_Chair, Resources and Energy
• The Honorable Lesil McGuire, Senator for District N – Anchorage, Co-Chair, Resources and Energy
• The Honorable Charisse Millett, Representative for House District 30 – Anchorage, Co-Chair, Energy
• The Honorable Bryce Edgmon, Representative for House District 37 – Dillingham, Co-Chair, Energy
• The Honorable Les Gara, Representative for House District 23 - Anchorage
• The Honorable Bill Thomas, Representative for House District 5 - Haines
• Michelle Sydeman, Aide to Sen. Bill Wielechowski
• Michael Pawlowski, Aide to Sen. Lesil McGuire
• Jeff Turner Chief of Staff to Rep. Charisse Millett
• Adam Berg, Aide to Rep. Bryce Edgmon
• Linda Hay, Aide to Sen. Bert Stedman
• Jay Livey, Aide to Sen. Lyman Hoffman
• Chris Rose, Executive Director, Renewable Energy Alaska Project
• Russell Stigall, Legislative and Communications Director, Alaska Conservation Alliance / Alaska Conservation Voters
• Elizabeth Outten, Renewable Energy / Energy Efficiency Coordinator
• Lissa Hughes, Strategies for Alaska’s Future Legislative Liaison at the Northern Alaska Environmental Center
• Dan Lesh, Strategies for Alaska’s Future Legislative Liaison
• Jed Smith, Strategies for Alaska’s Future Legislative Liaison
• Jim Sykes, Energy Consultant, Alaska Center for the Environment
• Lexi Fish, Community Sustainability Organizer, Sitka Conservation Society
• Kiel Renick, Alaska Conservation Alliance Legislative Liaison
• A special thank you to the member groups of Voters’ sister organization, the Alaska Conservation Alliance, for their vision, help and support throughout the session.
• We’d also like to thank ACV / ACA lobbyist (extraordinaire) David Rogers for helping to stitch it all together.

SB220

Alaska Sustainable Energy Act

SB 220 the Alaska Sustainable Energy Act passed through a slew of versions as it marched from committee to committee since the omnibus energy bill was introduced January 19th, 2010.

While the current version of SB220 looks different than the January original, it held on to a bevy of solid energy provisions:

• Energy efficiency revolving loan fund. By using $18 million of what was once contentious federal stimulus fund money we can turn it into a $250 million loan fund. Schools, municipalities and the state are eligible for loan funds for energy efficiency improvements to buildings. It allows the Alaska Housing Finance Corporation to issue bonds to support these loans. This seed money should allow Alaska to make major retrofit progress with public buildings in a reasonable period of time resulting in big savings of money and energy.
• Retrofits and new construction for energy efficiency; energy efficiency report. Requires the Department of Transportation and Public Facilities to make Energy Efficiency retrofits (a Voters Priority) to at least 25 percent of state buildings 10,000 sq ft and larger. Also sets a timeline to reach this goal by January 1, 2020. These Retrofits, to the extent feasible, “shall meet or exceed the most recently published edition of the ASHRAE/IESNA Standard 90.1, Energy Standard for Buildings Except for Low-Rise Residential Buildings, (HERE) as published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.” This provision - very important to Senator Wielechowski - was in prior House and Senate versions of the omnibus bill before it was removed by Senate Finance. After an unsuccessful effort by Rep. Edgmon to restore it in House Energy, it was rescued by Reps. Les Gara and Bill Thomas (with the help of Senator Wielechowski’s office) who re-introduced it, and other amendments in House Finance. Attempts to reverse this outcome on the House Floor were unsuccessful. Read Rep. Gara’s take on the amendment.
  
• Emerging Energy Technology Fund. Creates the Emerging Energy Technology Fund (a Voters Priority) to focus on demonstrating new technologies. Senator McGuire was a key advocate for this important idea. The fund may receive as much as $2.4 million in state funds this year and matching funds from Denali Commission. It is an exciting opportunity for Alaska and we are pleased that it survived the gauntlet. The bill includes a sunset for this provision in 2015.

• Governance: Requires the Office of the Governor to submit a report to the legislature regarding the structure of state energy programs. This addresses the state’s existing and complicated energy governance structure. This issue is will probably be addressed in detail next session.
• Public Education: Allows the Alaska Energy Authority to promote energy conservation, energy efficiency, and alternative energy through training and public education.  Another provision saved by Reps. Les Gara and Bill Thomas in House Finance.

Also:

• Links benefits from the state’s Heating and Assistance Program to the price of oil providing additional assistance to low-income families when fuel prices are high. This program is a supplement to the federal Low Income Heating Assistance Program
• Gives Alaska Housing Finance Corporation to the power to provide technical assistance to municipalities regarding energy codes and efficiency standards.
• Expands the Southeast Energy Fund to allow more options for money going into the fund and expands the projects for which the fund may be used.
• Requires DOT/PF to purchase energy efficient cars whenever possible.
• Requires the Office of Management and Budget to develop a standardized methodology to collect and store energy consumption and expense data as described in AS 37.07.040(12)
• Requires the DOT/PF to study using compressed natural gas as an alternative fuel in the state fleet of vehicles and develop a proposal for a pilot project if warranted.
• Requires the Department of Revenue to submit a report to the legislature regarding the “feasibility of a municipal energy improvements financing program.”
• Allows loans for commercial building upgrades
• Allows the University of Alaska to apply for loans from the Energy Efficiency Revolving Loan Fund.
• Allows municipal tax exemptions for “certain residential renewable energy systems.” “[a]…system that is used to develop means of energy production using energy sources other than fossil or nuclear fuel, including windmills and water and solar energy devices located in the municipality…
• Makes changes to the state nuclear laws to update them based on recent case law and to “level the playing field” as compared to other energy options. Note that a federal judicial opinion limits state regulation to economic matters, leaving health and safety concerns exclusively to the federal government
• A last minute add to SB 237 by Reps. Gara and Thomas in House Finance will require new school construction to meet smart energy efficiency codes.

Other changes include:

• The renewable energy and energy efficiency goals that were in earlier versions of the bill were removed. However, HB 306: State Energy Policy, is the vehicle for energy policy.
• AS Sec. 35.10.012 Alternative energy for public works was removed. It would have directed DOT/PF to consider an alternative energy system when constructing a public facility. However, this analysis probably will occur without the requirement.
• A provision was removed that would have directed the Alaska Energy Authority to facilitate a statewide fuel cooperative.
• The renewable energy production tax credit has been removed. This will probably be revisited next year.

HB 306

The State Energy Policy

HB 306 the State Energy Policy, sponsored by the House Special Committee on Energy, was built by a stakeholder working group that included ACA and shepherded through the House and Senate by Rep. Charisse Millett, Rep. Bryce Edgmon and their staff Jeff Turner and Adam Berg respectively. This bill holds Renewable Energy and Energy Efficiency goals proposed by Alaska Conservation Voters and its sister organization the Alaska Conservation Alliance. They were also included in earlier versions SB 220.

Learn more about the interim Energy Meetings.

The bill’s opening lines cover three of ACV’s top energy goals: improve energy efficiency across the state, increase the use of renewable energy sources, and use natural gas as a bridge fuel to a clean energy economy.

Section 1.

It is the intent of the legislature that

• (1) the state achieve a 15 percent increase in energy efficiency on a per capita basis between 2010 and 2020;
• (2) the state receive 50 percent of its electric generation from renewable and alternative energy sources by 2025;
• (3) the state work to ensure a reliable in-state gas supply for residents of the state;

The bill also shows the intent of the state to promote Energy education and research:

• Sec. 2 (1)(C)  initiating and supporting a program to educate state residents on the benefits of energy efficiency and conservation, including dissemination of information on state and federal programs that reward energy efficiency;
• Sec. 2 (3)(A)  training and education programs that will help create jobs for Alaskans and that address energy conservation, efficiency, and availability, including programs that address workforce development and workforce transition;
• (B) applied energy research and development of alternative and emerging technologies, including university programs, to achieve reductions in state energy costs and stimulate industry investment in the state;

Recommends building codes:

• (A) encouraging statewide energy efficiency codes for new and renovated residential, commercial, and public buildings

Other notable provisions include:

• Promotes renewable energy resources “geothermal, wind, solar, hydroelectric, hydrokinetic, tidal, and biomass energy,”
• Promotes the efficient use of non-renewable and alternative energy sources “natural gas, coal, oil, gas hydrates, heavy oil and nuclear energy,”
• Puts emphasis on the long-term costs savings provided by projects such as hydroelectric and geothermal energy sources with high up-front costs and long-term price stability.
• Promotes energy efficiency in transportation
  Asks to simplify Alaska’s energy governance by coordinating government functions and streamlining the regulatory process.
• In a marked shift from recent legislation pushing back against federal oversight, the bill recommends actively collaborating with federal agencies “to meet emissions, renewable and alternative energy, and energy production targets.”

Senate Bill 152

Transit Authority Bill rides into the sunset…to be continued
The third ACA priority is still a work in progress. Senate Bill 152, an act related to Regional Transit Authorities, received more attention than in 2009.  Notable among its successes this session was the bill’s unanimous approval by the Senate Transportation Committee, strong support by the Alaska Department of Transportation and the signing on of co-sponsors Sen. Johnny Ellis D-Anchorage and Sen. Bettye Davis D-Anchorage.

Sen. Charlie Huggins R-Wasilla introduced SB152 late in the spring of 2009 when it was referred to Senate Transportation then Senate Finance Committees. The bill did not receive a hearing during the 2009 session.
The bill remained in limbo during the interim while the Municipality of Anchorage and the Mat-Su Borough renewed a Memorandum of Understanding to continue working on regional transit. 

Unfortunately during the interim, Alaska public transit also lost two champions. The death of Mat-Su Borough Mayor Curt Menard was a hard blow.  And with Mark Begich’s move from Mayor of Anchorage to U.S. Senator, the Mat-Su and Anchorage mayors who began the push for transit cooperation were missing.

Yet the bill still has support from the Municipality and the Borough and the MOU was signed for another year just prior to the session. Work resumed.

The bill received a hearing in the Senate Transportation Committee on March 18, 2010 following extensive efforts to resolve a variety of technical issues by legislative aide Jody Simpson, who was handling the bill for sponsor Senator Huggins.  Committee Chair Albert Kookesh, D-Angoon, and  members Sen. Linda Menard R-Wasilla, Sen. Joe Paskvan D-Fairbanks and Sen. Davis were supportive of the bill, but had questions about how it would work with the current Metropolitan Planning Organizations (through which most of Anchorage’s federal transportation dollars are channeled) and wanted more input from Department of Transportation and Public Facilities.

A second committee hearing for the bill was held on April 5. Jeff Ottesen, Alaska Department of Transportation & Public Facilities, went on record saying Regional Transit Authorities would be important vehicles for planning regional transportation and capturing new federal dollars for projects. Additionally, the Alaska Railroad, which could serve an important stakeholder by operating commuter rail service between the Mat-Su Valley and Anchorage, was supportive of the RTA discussions and SB152. The bill then moved out of committee with strong support from all members. Voters would like to thank Senator Huggins and Jody Simpson for all of their efforts on this bill.  We look forward to renewing our work with them on this and other bills.

Bill Sponsor:

• The Honorable Charlie Huggins, Senator for District H - Wasilla
• Jody Simpson, Legislative Aide to Sen. Charlie Huggins

• Committee Chair: The Honorable Albert Kookesh, Senator for District C- Angoon
  
• Vice Chairman: the Honorable Linda Menard, Senator for District G - Matanuska-Susitna
• The Honorable Bettye Davis, Senator for District K - Anchorage
• The Honorable Kevin Meyer, Senator for District O - Anchorage
• The Honorable Joe Paskvan, Senator for District E -Fairbanks

Throughout the session, through events like “Transit to Trails”, which promoted public transportation within Anchorage, Strategies for Alaska’s Future and the Alaska Center for the Environment identified new partners who support public transportation in general and the Regional Transit Authority specifically.

Among our allies, the Bicycle Commuters of Anchorage, who were successful in promoting the Anchorage Bicycle Plan to the Assembly, and the Alaska Youth for Environmental Action, who had their annual civic summit and testified during the Senate Transportation Committee hearing in support of the RTA bill.  Cultivating these relationships locally and on a statewide level will be critical to raising the priority of transportation in the governor’s office and in general.

HJR 42, a proposed constitutional amendment that would establish a dedicated transportation fund, and its implementation companion, HB 329, gained some traction in the House and in the Senate. HJR 42 passed the House then moved out of Senate Transportation Committee, but stall in Senate Finance Committee. Though neither passed the Legislature, they speak to broader transportation issues and how the state may fund them in the future. HJR 42 & HB 329 were sponsored by House Transportation Committee.

A broader transportation coalition are planning summer transit events and presentations to Chambers of Commerce, Rotary clubs and Community Councils to broaden the appeal and tout the economic benefits of public transit.  Further, we hope to facilitate continued discussions between the Mat-Su Borough and Municipality during the coming months.

Finally, Lois Epstein, Director of the Alaska Transportation Priorities Project and David Levy, Director of the Alaska Mobility Coalition, deserve many thanks for their leadership on these and other transportation issues.

Budget

• Renewable Energy Fund - $50.25 million
• Emerging Technology Fund $2.4 million (with expected match from the Denali Commission)
• Power Project Fund - $10 million
• AEA - Railbelt large scale hydro planning, design and permitting - $10 million
• AEA  - Alternative Energy and Energy Efficiency - $8 million
• Bulk Fuel Upgrades - $5 million
• Rural Power System Upgrades - $9 million
• Southeast Integrated Resource Plan - $500,000
• Statewide Energy Plan Development - $2 million
• AVTEC Alternative Energy Training Facility Expansion - $1 million
• AHFC State Energy Program Special Projects  - $300,00
• AHFC Weatherization Program - $4 million
• AEA - Interest and earnings on renewable energy grant fund - $2 million
• AHFC Energy Assurances/Smart Grid Resiliency Program - $262,000
• AHFC Energy Efficiency Monitoring Research  - $1 million
• AEA - $2 million – interest earnings on the renewable energy grant fund
• DOT Alaska Class Ferries (Sec 30) - $60 million

Total: $167,712,000

Legislative Potpourri

House Bill 20 Fisheries Loans: Energy Efficiency / Amount Passed the Senate on April 16th with a vote of 19 Yes to Zero No with one Absent. It is currently awaiting transmittal to the Governor.

The bill allows commercial fisherman in Alaska to obtain loans of up to $400,000 to upgrade or replace their marine engines for improved energy efficiency. The bill will help improve the overall efficiency of Alaska's fishing fleet, reducing carbon emissions and keeping Alaska’s seafood competitive on the world market – other fishing nations are already investing in fuel efficient fleets. The engine upgrades will provide jobs and give the sluggish economy a boost.

HB 36: Initiatives
House Bill 36 an Act relating to ballot initiative proposal applications and to ballot initiatives. Introduced in the first prefile of 2009, the bill was believed to violate the Alaska constitution and aimed to erode Alaskans’ use of the ballot measure as a means to pass legislation. ACV decided last year to oppose HB 36.

The bill saw significant changes over two sessions and at least ten committee hearings - bill sponsor Rep. Kyle Johansen pushed hard and put the bill through its legislative paces.

During its time in committees the bill was pared back, removing the onerous requirement to wait two years after an unsuccessful initiative to try the same initiative again. Another provision that would have required the Lt. Governor to hold hearings in 30 legislative districts has been reduced to at least two meetings in each of Alaska’s four Judicial Districts.

A nice addition to the bill is the requirement for both proponents and opponents of an initiative to report contributions to Alaska Public Offices Commission. These reports will start after the initial 100 signatures are gathered and due quarterly for most of the process.

Also, groups formed for the primary function of opposing an initiative must declare name as “opposes”, “opposing”, “in opposition to”. However, the bill still creates additional hurdles in an already difficult process.

The bill is sponsored by Rep. Kyle Johansen R-Ketchikan, Rep. Charisse Millett R-Anchorage, Rep. Peggy Wilson, Rep. Craig Johnson, Rep. Mike Kelly, Rep. Mark Neuman, Rep. Wes Keller, Rep. Cathy Munoz.

A ballot measure or "Initiative" (also known as popular or citizen's initiative) provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite) on a proposed statute, constitutional amendment, charter amendment or ordinance, or, in its minimal form, to simply oblige the executive or legislative bodies to consider the subject by submitting it to the order of the day. It is a form of direct democracy. (source)

Unlike a bill introduced in the legislature, a ballot initiative is not subject to the rigorous vetting process by the legislature and can’t be vetoed by the Governor.
In Alaska the initiative process was most recently amended in the State Constitution in 2004 and now requires state wide proportional representation, or 21,000 individual signatures of registered voters gathered from 30 out of 40 legislative districts before a proposed ballot measure can be certified for a statewide vote.

HB 36, first introduced in January 2009 further changes the ballot initiative process and increases the reporting requirements for individuals and organizations that sponsor or participate financially in the process, much in the same way that individual campaigns are required to report their donors.

It also requires that prior to the signature gathering process, the proposed ballot initiative would have to have at least two public hearings in each of the four judicial districts across the state featuring, at a minimum, written testimony by at least one pro and one con proponent on the issue and require that more information regarding ballot initiatives be included in the voter pamphlets for regular and special elections. This provision attempts to deal with one of the biggest problems with initiatives: unlike the legislative process that thoroughly vets a proposal, there is a glaring lack of meaningful public discussion about the intentions and details of initiatives that are often written behind closed doors by a small group of highly motivated advocates. TV and radio ads just aren’t enough to fully flush out the pros and cons and put the issues in perspective for the typical voter.

An amendment added in Senate Finance Committee by Committee Chair Sen. Hollis French allows the Lt. Governor to use telephone- or Web-based communications to conduct these hearings.

HB 36 would also change the way signature gatherers are allowed to operate and the way in which they can be paid for their efforts. Gatherers can no longer expect a $1-per-signature system.

It also changes the way that proposed ballot measures can be worded. What HB 36 does not do is regulate the source of funds that an initiative can solicit from in or out of state.
According to the sponsors of the bill, HB 36 would create a more open and transparent ballot measure process in keeping with the wishes of voters across Alaska who overwhelming supported ethics reform in 2007. According to opponents of the legislation, our initiative process is sufficiently onerous and the HB36 seeks to fix a problem that does not exist in this state.

Below are some resources to help you in forming your opinion about this important issue:
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Read the full text of HB36
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For differing viewpoints on this issue visit these sources:

Rep. Kyle Johansen's Sponsor Statement

Steve Cleary's Op-Ed published last year in the Juneau Empire

Alaska Coastal Management Program: House Bill 74 & Senate Bill 4
HB 74 stalled in House Resources and SB 4 made it to the Senate Floor, was read the 3rd time and referred to Rules Committee. Neither bill passed. This issue will probably be revisited over the interim. The act is up for review in 2011 so a broader look at these issues may be in order.
North Slope Borough Mayor Edward S. Itta, ACMP Power Point

Greater Railbelt Energy and Transmission Corporation: House bill 182 and Senate Bill 143.
These bills attempted to consolidate the Generation and Transmission components of Alaska’s six Railbelt Electric Utilities. The unfinished bills with many unresolved issues stalled in committee. It is expected that the issue will be discussed over the coming months.  Consumer protections, advocated by ACA with strong bi-partisan committee support (including Reps. Millett and Johansen), were added to the final version of the bill that probably will be the starting point for future negotiations.

House Bill 301 Budget: Capital, Supplemental & Other Appropriations allocates $26 million to the Alaska Energy Authority for Energy Projects (see page 2, line 23) http://www.legis.state.ak.us/PDF/26/Bills/HB0301A.PDF

HCR 22 Alaska Northern Waters Task Force passed the Legislature on Saturday, April 17 with 19 Yes votes and one Absent. The bill, sponsored by House Community and Regional Affairs Committee, awaits transmittal to the Governor. Special thanks to Rep. Reggie Joule and his Legislatives Aide Elizabeth Hensley and Christine Hess for shepherding the bill through committees. Senator Olson and staff also deserve kudos for helping to handle the resolution in the Senate.

Arctic sea ice is depleting, and "the rate of depletion is accelerating...," the resolution reads. This is "altering fish and wildlife habitats" and "is affecting polar route navigation by opening oceans previously frozen year-round..." The opening of the Arctic Ocean has also increased efforts to protect resource interests by other Arctic nations; Russia, Canada, Greenland.

The resolution, sponsored by Community and Regional Affairs committee, should set up a task force to coordinate Alaska and Federal Arctic interests.

The resolution creates an eleven-member task force in the legislative branch to coordinate Alaska and Federal Arctic interests. The task force will consist of two senators appointed by the President of the Senate; two representatives appointed by the Speaker of the House of Representatives; and seven members appointed jointly by the President of the Senate and the Speaker of the House of Representatives.

ACA encouraged broader representation on the task force and appreciates changes that increased public membership:

• Five public members, three of whom reside in coastal areas of the state
• One member representing the executive branch of state government
• One member representing the federal government

Ecological and development issues will be part of the mix. This is a much hoped for opportunity to focus on arctic concerns and opportunities in this critical moment of rapid change and growth. We applaud the move and look forward to active participation in the process.

SB 59 Low-Speed Motor Vehicles was signed into law on February 18th, 2010. It is now known as Chapter 1 SLA 10. The law allows low-speed vehicles, limited by Federal law to 25mph, to access roadways with speed limits up to 45mph. This allows these smaller, typically electric, vehicles to access many more miles of road in Alaska towns and cities with populations smaller than 30,000. One caveat: no towns with roads connected to the Anchorage road system; sorry Seward.

Senate Bill 237 A splendid little addition to Senate Bill 237 School Construction Debt Reimbursement by Reps. Les Gara and Bill Thomas requires rural new school construction to comply with smart energy efficiency codes. Big Voter “Thank Yous” also go to SB 237 mentors Senators Lyman Hoffman and Kevin Meyer for supporting the school fix.

Senate Bill 277 Public Utility Exemption: Renewable Energy an Act exempting from regulation by the Regulatory Commission of Alaska and by municipalities certain generators of electricity from renewable energy resources that sell electricity to regulated utilities. This should help facilitate the development of renewable energy in Alaska. Passed during the final frantic weekend of the Legislature with only one No vote in the House, SB 277 currently awaits transmittal to the Governor.

This bill exempts certain renewable energy projects from oversight by the Regulatory Commission of Alaska and municipalities. The US Energy Information Administration found that renewable energy penetration is significantly higher in de-regulated markets then highly-regulated markets like Alaska’s. To encourage investment in clean energy, this bill attempts to find a middle ground that will still protect the consumer.

$60 Million for Energy Efficient Alaska Class Ferries
In a major show of support for public transportation in Alaska, the capital budget that was passed this weekend grants the Department of Transportation and Public Facilities access to $60 million in the state’s vessel replacement fund.  The money will be matched with the roughly $60 million of federal money secured back in December to construct a new Alaska Class Ferry.
The construction of a new ship has been a focus of the Alaska Marine Highway for some time now, and the project is currently in the design phase.

The project will move from the design to the construction phase this summer as shipyards get the chance to plan and bid for the contract.  Once completed, the new Alaska Class ferry will improve the fleet’s overall energy efficiency, will allow scheduling flexibility, and will give older AMH ships a much needed reduction in service.

House Joint Resolution 49 was passed by the Senate during the final weekend of the legislative session, and will now be transmitted to the governor.  The resolution urges the United States Congress to enact SJ 26, which disapproves the EPA’s imposition of climate regulations.
The legislation notes Alaska’s unique geographic and economic circumstances, and warns that EPA regulations could harm Alaska’s largely fossil fuel based economy.  Sponsored by Senator Bill Stoltze R-Chugiak/Eagle River, HJR 49 is essentially a letter from the Alaska state legislature. The resolution now awaits a pro forma signature from Governor Parnell (resolutions are not subject to veto) before being sent on to President Obama and other leaders in Washington, DC.

House Joint Resolution 45  Also included in the legislation passed this weekend was House Joint Resolution 45 by Representative Stoltze, urging the United States Congress not to pass “cap and trade” legislation currently being debated in Washington. 
The resolution is, at its core, a letter from the Alaska state legislature to national leaders requesting that they not enact legislation limiting or taxing carbon emissions. It states that many Alaskan businesses could be hurt by such a federal law, and that the state economy is heavily dependent on the sale of carbon-rich fossil fuels. Remarkably, HJR 45 also questions the science of climate change as a basis for action.

House Joint Resolution 40  On Thursday the full floor of the Senate voted yes on House Joint Resolution 40, opposing the designation of critical habitat for the beluga whale in Cook Inlet.

HJR 40 was sponsored by Representative Charisse Millett R-Anchorage in response to the proposed National Marine Fisheries Service designation of 3,000 sq miles of marine territory for the endangered beluga.  The resolution calls into question the need for such a designation with narrowly based evidence of beluga recovery in the area.  According to the sponsor, the beluga population was depleted due solely to overhunting, and environmental degradation has had little or no effect on beluga numbers.

The resolution predicts that critical habitat designation would have substantial negative economic effects for Anchorage, the Cook Inlet region, and Alaska at large.  In addition to outright opposition of critical habitat designation, HJR 40 calls for more robust analysis of the economic impacts of such a designation, and further research into positive environmental effects of habitat designation on the beluga whale recovery. 

As a resolution, HJR 40 carries no mandate for action, but is rather a message from the state legislature. 

Renewable Energy Fund A large, though quiet, victory for the Alaska conservation community came with a $50.25 million allocation and next installment to the Renewable Energy Fund in the capital budget that passed through the legislature last week. The fund promotes off-the-shelf renewable energy projects around the state with annual grants to promote affordable energy solutions and a healthier environment.

From wind turbines to geothermal heating systems, the fund brings renewable energy to Alaska, and is a vital part of the state’s long-term energy policy. It already has brought down electricity costs in off-the-grid locations around the state, and will continue to create jobs and a stable future for both rural and urban Alaska. With just over $50 million deposited into the fund this year the project remains on track for the intended full support of $300 million over 6 years - the benefits of which will be enjoyed by Alaskans for decades to come.

House Bill 267 Snowmachines in the Dalton Highway Corridor The Alaska conservation community spoke out against House Bill 267, a bill allowing snowmachine access to the Dalton Highway and strongly opposed by the North Slope Borough.

A highly controversial bill, HB 267 would have granted access to the corridor without sufficient funding for safety provisions associated with the opening of the corridor, which is home to Caribou and musk oxen.

During debate in the House Transportation Committee over 100 Alaskans called in opposition to the bill, expressing their discontent for various environmental reasons.  The bill limped on to the resources committee, but did not have enough momentum to carry forward to a vote in the full house.
A huge conservation “Thank You” is owed to all of those who made their voices heard in Juneau and across the state to ensure that the Dalton Highway Corridor, and the abundant wildlife within it, will remain protected for another winter. 

SB 243 Geothermal Energy  In a session dominated by debates over gas pipelines and oil taxes, renewable energy supporters and the geothermal industry in particular emerged with a big win late in the game.  Senate Bill 243, sponsored by Senator Lesil McGuire, passed through the House of Representatives with ease on Saturday and now awaits the governor’s signature to become law. 

Sitting on the ring of fire, Alaska is blessed with abundant geothermal resources.  While the earthquakes that come with such a geographic locale are certainly a negative consequence, the energy possibilities make up a substantial silver lining.  Geothermal sources of heat such as volcanoes and hot springs can be used to provide cheap clean energy around the state.

SB 243 reduces the state’s royalty rate for geothermal development and production to be commensurate with the federal rate. Until now, the state’s geothermal royalty rate had been the highest in the nation, acting as a barrier to entry and slowing industry growth even amidst Alaska’s huge geothermal potential. Lawmakers hope the lower royalties will encourage projects such as Mt. Spur and others around the state to produce affordable, sustainable, and emissions free energy for Alaskans.

Related discussions about renewable energy production tax credits were tabled until next session.

From the Blog

Sunday, April 18, 2010

4:45 PM -- Priority Bill SUCCESS
SB 220 Alaska Sustainable Energy Act and HB 306 State Energy Policy pass the House and Senate respectively. SB 220 is now transmitted to the Governor and HB 306 awaits concurrence.

Saturday, April 17, 2010

11:59 AM -- Environmental Priority Update
Senate Bill 220 Alaska Sustainable Energy Act is scheduled to be heard on the House Floor today. Floor session is to begin at Noon.

House Bill 306 State Energy Policy passed Senate Finance this morning. Senate Finance was its final referred committee.

Thank you to Reps. Charisse Millett, Bryce Edgmon and the House Energy Committee members for their work on this important legislation.

Friday, April 16, 2010

7:35 PM -- Environmental Victories!
Senate Bill 243 Geothermal Resource: Royalty / Permit / Fee passed the House today with a vote of 27 Yes to Zero No with 13 Absent.

House Bill 20 Fisheries Loans: Energy Efficiency / Amount Passed the Senate today with a vote of 19 Yes to Zero No with one Absent. Upon Concurrence the bill will be transmitted to the Governor to sign into law.

11:02 AM -- Today's Floor Votes
House Floor
SB 243 Geothermal Resouce: Royalty / Permit / Fee
SB 277 Public Utility Exemption: Renewable Energy

Senate Floor
SB 309 Gas Exploration / Development tax credit
HB 20 Fisheries Loans: Energy Efficiency / Amount

10:33 AM -- Geothermal Royalty UPDATE
During a long day of bill hearings, the House Finance Committee took up and passed Senate Bill 243, a bill to promote geothermal resource development in Alaska. It is scheduled to be heard on the House Floor today.

Amidst lengthy bill discussions and a few passionately contested issues, SB 243 saw no obstruction and appeared to have wide support. The legislation will bring Alaska's geothermal royalty rate, currently the highest in the nation, down to that charged by the federal government. It also sets up statutory oversight regulations for the geothermal industry.

The decrease will promote development in a relatively untapped industry of huge potential here in the state.  Thus far the royalty rate has been a major barrier to entry. The legislature hopes that large scale projects such as the proposed 50MW Mt. Spurr geothermal plant will now move forward, easing Alaska's energy needs while bringing in some royalties to the state government.

The bill received four new co-sponsors in House Finance: Representatives Les Gara, Mike Hawker, Joe Thomas, and Anna Fairclough.

9:35 AM -- Legislation UPDATE
House Bill 20 up today for vote on the Senate Floor
HB 20 FISHERIES LOANS:ENERGY EFFICIENCY / AMOUNT: an Act relating to commercial fishing loans for energy efficiency upgrades and increasing the maximum amount for certain loans under the Commercial Fishing Loan Act; and providing for an effective date. ACV has a letter of support filed for this bill. The bill has changed some since first introduced. The loans available to Alaska fishermen, up to $400,000, are to be used for Energy Efficiency upgrades to vessel engines. Vessel hulls are no longer included.

The bill is sponsored by Reps. Bryce Edgmon, Bob Buch, Alan Austerman, Joe Thomas, Peggy Wilson, Cathy Munoz, Kyle Johansen, Beth Kerttula, Paul Seaton, Les Gara, Chris Tuck, Bob Lynn. And Senators Lyman Hoffman, Bert Stedman, Fred Dyson, Linda Menard.

HCR 22 up today in Senate Finance Committee in Senate Finance Rm 532. The meeting started at 9:00 AM [Passed (S) Finance Committee at 9:36 AM without objection]
HCR 22 ALASKA NORTHERN WATERS TASK FORCE: Establishing and relating to the Alaska Northern Waters Task Force. The bill is sponsored by (H) Community and Regional Affairs Committee. The bill has been well received.

8:03 AM -- Environmental Priority UPDATE
Last night the House Finance Committee heard and held Senate Bill 220 Alaska Sustainable Energy Act. It was the bill's first hearing in (H) Finance. Sens. Lesil McGuire and Bill Wielechowski introduced the bill to the committee members, taking time to thank their staff Michael Pawlowski and Michelle Sydeman for their hard work on the bill.

The bill is expected to be heard again this morning for discussion of at least five amendments.

One of these amendments (#4), proposed by Reps. Les Gara and Joe Thomas, would strengthen the bill's energy efficiency provisions by adding a new section to AS 44.42: Retrofits and new construction for energy efficiency; energy efficiency report.

Another amendment (#3) by Gara and Thomas would allow the Dept. of Administration to consider energy efficient equipment when purchasing equipment that uses energy.

A third amendment (#5) would allow the Alaska Housing Finance Corporation and the Alaska Energy Authority to "promote energy conservation, energy efficiency, and alternative energy through training and public education."

House Finance Committee is scheduled to begin at 8:30 AM today in House Finance Rm 519.

Visit us on Twitter For up the minute reports on the progress of SB 220 and other conservation bills.

Thursday, April 15, 2010

Tax Day
1:31 PM -- HJR 40 Cook Inlet / Kachemak Beluga Population Passed the Senate today with 20 Yes votes.
SCS CSHJR 40(RES): opposing the proposed designation by the National Marine Fisheries Service of 3,000 square miles of upper Cook Inlet, the mid-inlet, all of the inlet's western shores, and Kachemak Bay as critical habitat for beluga whales.

Sponsors: Representatives Charisse Millett, Mark Neuman, Bob Lynn, Johnson, Wes Keller, Carl Gatto, Olson, Bill Stoltze, Kyle Johansen. And Senators Fred Dyson, Thomas Wagoner, Con Bunde, Lesil McGuire, Kevin Meyer, Bert Stedman, Charlie Huggins, Linda Menard.
 
12:25 PM -- Legislation UPDATE
Senate Bill 220 Alaska Sustainable Energy Act was scheduled to be heard in the 8:30 AM House Finance Committee meeting today. The committee faced a busy schedule. The bill was not heard this morning.
(H) Finance is scheduled to meet at 1:45 PM to continue the morning meeting.

House Bill 36 Initiatives contributions was scheduled to be heard at 8:30 AM in Senate Judiciary Committee. The hearing was postponed.

House Concurrent Resolution 22 Alaska Northern Waters Task Force was scheduled to be heard in Senate Finance today at 9:00 AM. Time constraints and a full schedule postponed the Resolution's hearing until at least 1:45 PM today.

ACV Environmental Priorities:
House Bill 306 State Energy Policy is currently in Senate Finance Committee. It is not scheduled for a hearing.
Senate Bill 152 Regional Transit Authority is currently in Senate Finance. It is not scheduled for a hearing.

Wednesday, April 14, 2010

1:04 PM -- Alaska Coastal Management Program UPDATE
The debate over a plan to manage Alaska's coastline was taken up again in the Senate Finance Committee on Tuesday afternoon.  A new committee substitute for SB 4 Alaska Coastal Management Program & Alaska Coastal Policy Board, which provides new guidelines for the Alaska Coastal Management Plan, was presented by staff to bill sponsor Sen. Donny Olson.

The bill calls for more local oversight to ensure rural communities have a voice in the management of the land that supports their way of life.  The Committee Substitute presented Tuesday gave considerable power back to the state in an effort to compromise with those who opposed the bill for delegating too much power to individual communities on issues that have statewide influence.

Randy Bates, Director of the Department of Natural Resources opposed those changes.  His approach was rebuked by Senator Hoffman, who admonished DNR for appearing to stall the process.  With only five days left legislators showed urgency in their work and disappointment at those who would slow the bill.

"You get to pick your own team", Hoffman told Bates, referring to an amendment that allows the governor to appoint all nine members of the Coastal Policy Board.  "We dealt you a winning hand - that's the ultimate, and it still isn't good enough.  That tells me you don't want to do anything."

Bates maintained that the state agency could still not support legislation that gave local authorities purview and veto power on issues of state interest.  The Senate Finance Committee members, a majority of whom represent coastal districts, asked that DNR respond with constructive comments on the bill by noon on Wednesday.

Bates was followed by the Department of Environmental Conservation and the Department of Law who also expressed continued opposition to the bill.  They too were asked by the committee to submit proposed, constructive changes by Wednesday.

The bill is expected to be brought up for further deliberation in Senate Finance after the receipt of those comments, possibly as early as Wednesday afternoon.

12:06 PM -- Bill UPDATE
House Bill 306 State Energy Policy was not heard today in Senate Finance Committee. It is expected to be heard in that committee tomorrow.

HB 36: Initiatives: Contributions / Procedures was heard, amended and held today in Senate Judiciary Committee. (S) Judiciary has scheduled another hearing for the bill for Thursday at 8:30 AM in Butrovich Rm 205.

SB 312 Vessel Passenger Tax passed Senate Finance today and was placed on the bottom of the Senate Calendar.
Vote:
Do Pass: Sens. Lyman Hoffman, Bert Stedman
No Recommendation: Sens. Charlie Huggins, Joe Thomas, Dennis Egan, Johnny Ellis, Donald Olson

Tweet of the Week

Monday, April 19th 2010 ACA's Russell Stigall talks about our environmental priorities on the last day of Alaska's legislative session: http://tinyurl.com/y2mgxg6

Conservation Bills Passed: 26th Legislature

Conservation Bills (and anti-conservation) Passed in the 26th Alaska State Legislature

Of 911 Bills and Resolutions introduced in the Legislature, not quite a third, 274, passed the House and Senate.

+ Alaska Conservation Voters Environmental Priority

++ Alaska Conservation Voters supported this bill

?! Alaska Conservation Voters opposed this bill

++ HB 20 Fisheries Loans: Energy Efficiency / Amount
Sponsored by Reps. Bryce Edgmon, Bob Buch
As of April 16th Await Transmit Gov

?! HB 36 Initiatives: Contributions / Procedures
Sponsored by Reps. Kyle Johansen, Charisse Millett
As of April 18th Await Transmit Gov

HB 70 Alaska Grown Agricultural Products
Sponsored by Rep. Carl Gatto
As of April 19th Await Transmit Gov

HB 121 Municipal Air Quality Property Tax Credit
Sponsored by Rep. John Coghill
As of May 25th 2009 Chapter 26 SLA 09

++ HB 134 Cruise Ship Wastewater Discharge Permits
Sponsored by Rep. John Harris
As of July 9th 2009 Chapter 53 Sla 09

HB 162 Southeast State Forest
Sponsored by House Rules Committee by Request of the Governor
As of April 18th Await Transmit Gov

HB 210 Izembek State Game Refuge Land Exchange
Sponsored by Rep. Bryce Edgmon
As of April 14th Await Transmit Gov

HB 276 Fort Rousseau Causeway Historic Park
Sponsored by Rep. Peggy Wilson
As of March 30th Chapter 3 SLA

HB 280 Natural Gas: Storage/ Tax Credits
Sponsored by Reps. Mike Hawker, Mike Chenault
As of April 18th Await Transmit Gov

++ HB 306 State Energy Policy
Sponsored by House Energy Committee
As of April 18th Await Transmit Gov

HB 336 Electric & Telephone Cooperatives' Voting
Sponsored by House State Affairs Committee
As of April 10th Await Transmit Gov

HB 369 In-State Pipeline/ Manager/Team
Sponsored by Rep. Mike Chenault
As of April 18th Await Transmit Gov

HCR 2 In-State Gas Pipeline
Sponsored by Rep. Jay Ramras
As of April 13th Await Transmit Gov

HCR 10 Oppose Federal Control of State Land & Water
Sponsored by Rep. Mike Hawker
As of April 14th Await Transmit Gov

++ HCR 13 Accept Federal Economic Stimulus Payments
Sponsored by House Rules Committee
As of April 9th 2009 Legis Resolve 6

++ HCR 22 Alaska Northern Waters Task Force
Sponsored by House Community & Regional Affairs Committee
As of April 17th Await Transmit Gov

?! HJR 7 Endorsing Arctic National Wildlife Refuge Leasing
Sponsored by Rep. Charisse Millett
As of July 29th 2009 Legis Resolve 24

?! HJR 18 Opposing Arctic National Wildlife Refuge Wilderness Designation
Sponsored by Rep. Charisse Millett
As of July 29th 2009 Legis Resolve 26

++ HJR 19 Oil Tanker Escort Vessels/Oil Spill Anniversary
Sponsored by Rep. Alan Austerman
As of July 13th 2009 Legis Resolve 5

HJR 22 Urging US to Ratify Law of the Sea Treaty
Sponsored by Rep. Paul Seaton
As of July 29th 2009 Legis Resolve 14

++ HJR 25 Hydroelectric Power; Renewable Energy
Sponsored by Rep. Bill Thomas Jr.
As of July 22nd 2009 Legis Resolve 27

HJR 28 Oppose Restrictions on Oil/Gas Activities
Sponsored by Rep. Craig Johnson
As of July 22nd 2009 Legis Resolve 29

?! HJR 40 Cook Inlet / Kachemak Beluga Population
Sponsored by Rep. Charisse Millett
As of April 15th Await Transmit Gov

?! HJR 45 Oppose Federal Cap and Trade Legislation
Sponsored by Rep. Bill Stoltze
As of April 19th Await Transmit Gov

HJR 46 Supporting Denali Commission
Sponsored by House Community & Regional Affairs Committee
As of April 15th Legis Resolve 31

?! HJR 49 Opposing EPA Clean Air Act Regulations
Sponsored by Rep. Bill Stoltze
As of April 17th Await Transmit Gov

++ SB 59 Low- Speed Motor Vehicles
Sponsored by Sen. Bert Stedman
As of February 16th Chapter 1 SLA

SB 88 Power Cost Equalization
Sponsored by Senate Finance Committee
As of July 17th 2009 Chapter 59 SLA

SB 116 Approp: Energy Assistance
Sponsored by Senate Finance Committee
As of May 21st 2009 Chapter 16 SLA

SB 163 Fishermen's Fund
Sponsored by Sen. Joe Paskvan
As of April 14th Await Transmit Gov

SB 183 Grants for Air Quality / Ocean Rangers
Sponsored by Senate Finance Committee
As of May 21st 2009 Chapter 20 SLA

++ SB 195 Make Goldstream Public Use Area Permanent
Sponsored by Rep. Joe Thomas
As of April 13th Await Transmit Gov

+ SB 220 Energy Efficiency / Alternative Energy
Sponsored by Sen. Resources Committee
As of April 18th Await Transmit Gov

++ SB 243 Geothermal Resource: Royalty / Permit / Fee
Sponsored by Sen. Lesil McGuire
As of April 17th Await Transmit Gov

++ SB 277 Public Utility Exemption: Renewable Energy
Sponsored by Senate Energy Committee
As of April 17th Await Transmit Gov

SB 301 Power Project Fund
Sponsored by Senate Rules Committee by Request of the Governor
As of April 17th Await Transmit Gov

SB 305 Separate Oil & Gas Production Tax
Sponsored by Senate Finance Committee
As of April 18th Await Transmit Gov

SB 309 Gas Exploration \ Development Tax Credit
Sponsored by Senate Rules Committee by Request of the Governor
As of April 18th Await Transmit Gov

?! SB 312 Vessel Passenger Tax
Sponsored by Senate Finance Committee
As of April 18th Await Transmit Gov

SJR 16 Offshore Oil & Gas Revenue
Sponsored by Sen. Bill Wielechowski
As of July 23rd 2009 Legis Resolve 16

SJR 21 Constitutional Amendment: Increase Number of Legislators
Sponsored by Community & Regional Affairs Committee
As of April 18th Await Transmit Gov