Alaska 2023-2024 Regular Session

Alaska Senate Bill SB217 Latest Draft

Bill / Comm Sub Version Filed 04/30/2024

                             
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CS FOR SENATE BILL NO. 217(RES) 
 
IN THE LEGISLATURE OF THE STATE OF ALASKA 
 
THIRTY-THIRD LEGISLATURE - SECOND SESSION 
 
BY THE SENATE RESOURCES COMMITTEE 
 
Offered:  4/30/24 
Referred: Finance   
 
Sponsor(s):  SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR 
A BILL 
 
FOR AN ACT ENTITLED 
 
"An Act relating to the Regulatory Commission of Alaska; relating to regulation of 1 
public utilities and pipeline carriers; relating to net metering; relating to approval of 2 
wholesale power agreements; relating to preapproval for construction of energy 3 
facilities; relating to electric reliability organizations; relating to the taxation of 4 
independent power producers; relating to the Alaska Energy Authority; relating to the 5 
Railbelt Transmission Organization; and providing for an effective date." 6 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 
   * Section 1. AS 42.04.020(a) is amended to read: 8 
(a)  The commission consists of five commissioners appointed by the governor 9 
and confirmed by the legislature in joint session. To qualify for appointment as a 10 
commissioner, a person must  11 
(1)  be a member in good standing of the Alaska Bar Association with 
12 
at least five years of actual experience in the practice of law; 13    33-GS2489\U 
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(2)  be a professional engineer registered under AS 08.48; or  1 
(3)  have a degree from an accredited college or university with a major 2 
in [ENGINEERING,] finance, economics, accounting, business administration, or 3 
public administration and at least five years of actual experience in the field 4 
associated with the degree. [ACTUAL EXPERIENCE FOR A PERIOD OF FIVE 5 
YEARS IN THE PRACTICE OF LAW OR IN THE FIELD OF ENGINEERING, 6 
FINANCE, ECONOMICS, ACCOUNTING, BUSINESS ADMINISTRATION, OR 7 
PUBLIC ADMINISTRATION IS EQUIVALENT TO A DEGREE.] 8 
   * Sec. 2. AS 42.04.020(f) is amended to read: 9 
(f)  Members of the commission are in the exempt service and are entitled to a 10 
monthly salary equal to a step in Range 29 [RANGE 27] of the salary schedule in 11 
AS 39.27.011(a) for Juneau, Alaska. The chair of the commission is entitled to a 12 
monthly salary equal to a step in Range 29 [RANGE 27] of the salary schedule in 13 
AS 39.27.011(a) for Juneau, Alaska. 14 
   * Sec. 3. AS 42.05.254(a) is amended to read: 15 
(a) A regulated public utility or a certificated utility that provides 16 
telecommunications services operating in the state shall pay to the commission an 17 
annual regulatory cost charge in an amount not to exceed the maximum percentage of 18 
adjusted gross revenue that applies to the utility sector of which the utility is a part. 19 
The regulatory cost charges that the commission expects to collect from all regulated 20 
utilities and certificated utilities providing telecommunications services may not 21 
exceed the sum of the following percentages of the total adjusted gross revenue of all 22 
regulated public utilities and certificated utilities providing telecommunications 23 
services derived from operations in the state: (1) not more than .98 [.7] percent to fund 24 
the operations of the commission, and (2) not more than .22 [.17] percent to fund 25 
operations of the public advocacy function under AS 42.04.070(c) and 26 
AS 44.23.020(e) within the Department of Law. An exempt utility that does not 27 
provide telecommunications services shall pay the actual cost of services provided to 28 
it by the commission.  29 
   * Sec. 4. AS 42.05.381 is amended by adding a new subsection to read: 30 
(p)  A determination of whether an electric utility's rate is just and reasonable 31    33-GS2489\U 
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may consider whether the purpose of the rate is to increase diversity of supply, 1 
promote load growth, or enhance energy reliability or energy security. 2 
   * Sec. 5. AS 42.05 is amended by adding a new section to read: 3 
Sec. 42.05.395. Net metering. (a) A load-serving entity shall monthly credit in 4 
a tariff the account of a retail customer for the number of kilowatt-hours, at the full 5 
retail rate per kilowatt-hour, of electric energy supplied by the customer's distributed 6 
energy system to the load-serving entity. The tariff may not limit the aggregate 7 
capacity that customers may install unless the commission, after a hearing, finds that 8 
capacity limitation is necessary to protect system reliability. 9 
(b) For up to seven years after a customer's distributed energy system is 10 
connected to the load-serving entity and generates power, a credit under (a) of this 11 
section that exceeds the customer's monthly bill for service will roll over to the 12 
following month and continue to roll over until used. Unused credits expire on 13 
March 31 of each year. 14 
(c) The credits under (b) of this section are not available for a distributed 15 
energy system installed before July 1, 2024.  16 
(d)  In this section, 17 
(1) "distributed energy system" means a renewable energy resource 18 
that is located on any property owned or leased by a customer within the service 19 
territory of the load-serving entity that is interconnected on the customer's side of the 20 
utility meter; 21 
(2)  "load-serving entity" has the meaning given in AS 42.05.790. 22 
   * Sec. 6. AS 42.05.431(b) is amended to read: 23 
(b) A wholesale power agreement between public utilities, or between a 24 
public utility and an independent power producer, is subject to advance approval 25 
of the commission. A rate set in accordance with a wholesale power agreement 26 
must reflect a tax exemption or government subsidy provided to a utility or 27 
independent power producer. After a wholesale power agreement is in effect, the 28 
commission may not invalidate any purchase or sale obligation under the agreement. 29 
However, if the commission finds that rates set in accordance with the agreement 30 
violate this subsection or are not just and reasonable, the commission may order the 31    33-GS2489\U 
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parties to negotiate an amendment to the agreement and if the parties fail to agree, to 1 
use the dispute resolution procedures contained in the contract. In this subsection, 2 
"independent power producer" means a person, other than a public utility, that 3 
owns or operates a facility for the generation of electricity. 4 
   * Sec. 7. AS 42.05 is amended by adding a new section to read: 5 
Sec. 42.05.705. Preapproval for construction of energy facility. The 6 
commission may not require preapproval under this chapter for construction of an 7 
energy facility that is 8 
(1) an electric power generating plant or combination of plants at a 9 
single site with a combined capacity of less than 15,000 kilowatts; or 10 
(2)  an energy storage device or combination of devices at a single site 11 
with a combined capacity of less than 15,000 kilowatts. 12 
   * Sec. 8. AS 42.05.762 is amended to read: 13 
Sec. 42.05.762. Duties of an electric reliability organization. An electric 14 
reliability organization shall  15 
(1)  develop reliability standards that provide for an adequate level of 16 
reliability of an interconnected electric energy transmission network;  17 
(2)  develop integrated resource plans under AS 42.05.780(a);  18 
(3)  establish rules to  19 
(A) ensure that the directors of the electric reliability 20 
organization and the electric reliability organization act independently from 21 
users, owners, and operators of the interconnected electric energy transmission 22 
network;  23 
(B)  equitably allocate reasonable dues, fees, and other charges 24 
among all load-serving entities connected to the interconnected electric energy 25 
transmission network for all activities under AS 42.05.760 - 42.05.790;  26 
(C)  provide fair and impartial procedures for the enforcement 27 
of reliability standards;  28 
(D) provide for reasonable notice and opportunity for public 29 
comment, due process, openness, and balancing of interests in exercising its 30 
duties; [AND] 31    33-GS2489\U 
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(4)  be governed by a board that  1 
(A) includes as nonvoting members the chair of the 2 
commission or the chair's designee and the attorney general or the attorney 3 
general's designee; and  4 
(B)  is formed as  5 
(i)  an independent board;  6 
(ii)  a balanced stakeholder board; or  7 
(iii) a combination independent and balanced 8 
stakeholder board; and 9 
(5) prioritize the reliability and stability of the interconnected 10 
bulk-electric system served by the electric reliability organization while 11 
considering cost to the consumer. 12 
   * Sec. 9. AS 42.05.770 is amended to read: 13 
Sec. 42.05.770. Regulations. The commission shall adopt regulations 14 
governing electric reliability organizations, reliability standards, and modifications to 15 
reliability standards consistent with this section. Regulations under AS 42.05.760 - 16 
42.05.790 must  17 
(1)  require that an electric reliability organization's tariff include  18 
[(A) STANDARDS FOR] nondiscriminatory standards for 19 
[OPEN ACCESS TRANSMISSION AND] interconnection;  20 
[(B)  STANDARDS FOR TRANSMISSION SYSTEM COST 21 
RECOVERY;]  22 
(2)  provide a process to identify and resolve conflicts between a 23 
reliability standard and a function, rule, tariff, rate schedule, or agreement that has 24 
been accepted, approved, adopted, or ordered by the commission; 25 
(3)  allow an electric reliability organization to recover its costs through 26 
surcharges added to the rate for each participating load-serving entity.  27 
   * Sec. 10. AS 42.05.772 is amended by adding a new subsection to read: 28 
(b) A load-serving entity, including a load-serving entity otherwise exempt 29 
from regulation under this chapter, in an interconnected bulk-electric system served by 30 
an electric reliability organization shall adhere to the electric reliability organization's 31    33-GS2489\U 
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reliability standards and coordinate with the electric reliability organization and, if 1 
applicable, the Railbelt Transmission Organization to integrate the electric reliability 2 
organization's reliability standards into operational procedures.  3 
   * Sec. 11. AS 42.05.790 is amended by adding new paragraphs to read: 4 
(8)  "Railbelt" has the meaning given in AS 44.83.750; 5 
(9) "Railbelt Transmission Organization" means the transmission 6 
organization established by AS 44.83.700. 7 
   * Sec. 12. AS 42.06.286(a) is amended to read: 8 
(a)  A pipeline carrier operating in the state shall pay to the commission an 9 
annual regulatory cost charge in an amount not to exceed the sum of the following 10 
percentages of gross revenue derived from operations in the state: (1) not more than 11 
.98 [.7] percent to fund the operations of the commission, and (2) not more than .22 12 
[.17] percent to fund operations of the public advocacy function under 13 
AS 42.04.070(c) and AS 44.23.020(e) within the Department of Law. A regulatory 14 
cost charge may not be assessed on pipeline carrier operations unless the operations 15 
are within the jurisdiction of the commission.  16 
   * Sec. 13. AS 43.98 is amended by adding a new section to read: 17 
Article 2A. Taxation of Independent Power Producers. 18 
Sec. 43.98.100. Taxation of independent power producers. (a) An 19 
independent power producer is not subject to state and local ad valorem, income, and 20 
excise taxes if the independent power producer only sells 21 
(1)  wholesale power; and 22 
(2)  to cooperative or municipal utilities.  23 
(b)  In this section,  24 
(1)  "independent power producer" means a person, other than a public 25 
utility, that owns or operates a facility for the generation of electricity; 26 
(2) "public utility" and "utility" have the meaning given in 27 
AS 42.05.990. 28 
   * Sec. 14. AS 44.83.030 is amended to read: 29 
Sec. 44.83.030. Membership of the authority. The members of the board of 30 
directors of the authority [ALASKA ENERGY AUTHORITY] are  31    33-GS2489\U 
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(1)  the commissioner of revenue;  1 
(2) the commissioner of commerce, community, and economic 2 
development; and  3 
(3)  six public members appointed by the governor as follows: 4 
(A)  one member with expertise or experience in managing 5 
or operating an electric utility that is not connected to an interconnected 6 
electric energy transmission network as defined in AS 42.05.790; 7 
(B)  one member with expertise or experience in developing 8 
energy projects in rural communities; 9 
(C)  one member with expertise or experience in managing 10 
or operating an electric utility connected to an interconnected electric 11 
energy transmission network as defined in AS 42.05.790; 12 
(D) one member with financial expertise in large power 13 
generation project development; and 14 
(E) two members with expertise or experience in finance, 15 
energy policy, energy technology, engineering, law, or economics [THE 16 
MEMBERS OF THE ALASKA INDUSTRIAL DEVELOPMENT AND 17 
EXPORT AUTHORITY].  18 
   * Sec. 15. AS 44.83.030 is amended by adding new subsections to read: 19 
(b)  If the commissioner described in (a)(1) or (a)(2) of this section is unable to 20 
attend a meeting of the authority, the commissioner may, by an instrument in writing 21 
filed with the authority, designate a deputy or director to act in the commissioner's 22 
place as a member of the board at the meeting. For all purposes of this chapter, the 23 
designee is a member of the board at the meeting. 24 
(c)  Public board members described in (a)(3) of this section serve for three-25 
year terms. 26 
(d)  If a vacancy occurs in the membership of the board, the governor shall 27 
immediately appoint a member for the unexpired portion of the term. 28 
   * Sec. 16. AS 44.83.040(a) is amended to read: 29 
(a)  The board of directors of the authority shall elect a chair and vice-chair 30 
every two years from among its members [OF THE ALASKA INDUSTRIAL 31    33-GS2489\U 
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DEVELOPMENT AND EXPORT AUTHORITY SHALL SERVE AS OFFICERS 1 
OF THE ALASKA ENERGY AUTHORITY]. The powers of the authority 2 
[ALASKA ENERGY AUTHORITY] are vested in the board of directors, and five 3 
board members [FOUR DIRECTORS OF THE AUTHORITY] constitute a quorum. 4 
Action may be taken and motions and resolutions adopted by the authority 5 
[ALASKA ENERGY AUTHORITY] at a meeting by the affirmative vote of at least 6 
five board members [A MAJORITY OF THE DIRECTORS]. The members of the 7 
board of directors of the authority [ALASKA ENERGY AUTHORITY] serve 8 
without compensation, but they shall receive the same travel pay and per diem as 9 
provided by law for board members under AS 39.20.180. 10 
   * Sec. 17. AS 44.83.080 is amended to read: 11 
Sec. 44.83.080. Powers of the authority. In furtherance of its corporate 12 
purposes, the authority has the following powers in addition to its other powers:  13 
(1)  to sue and be sued;  14 
(2)  to have a seal and alter it at pleasure;  15 
(3) to make and alter bylaws for its organization and internal 16 
management;  17 
(4)  to adopt regulations governing the exercise of its corporate powers;  18 
(5)  to improve, equip, operate, and maintain power projects and bulk 19 
fuel, waste energy, energy conservation, energy efficiency, and alternative energy 20 
facilities and equipment;  21 
(6) to issue bonds to carry out any of its corporate purposes and 22 
powers, including the establishment or increase of reserves to secure or to pay the 23 
bonds or interest on them, and the payment of all other costs or expenses of the 24 
authority incident to and necessary or convenient to carry out its corporate purposes 25 
and powers;  26 
(7) to sell, lease as lessor or lessee, exchange, donate, convey, or 27 
encumber in any manner by mortgage or by creation of any other security interest, real 28 
or personal property owned by it, or in which it has an interest, when, in the judgment 29 
of the authority, the action is in furtherance of its corporate purposes;  30 
(8)  to accept gifts, grants, or loans from, and enter into contracts or 31    33-GS2489\U 
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other transactions regarding them, with any person;  1 
(9) to deposit or invest its funds, subject to agreements with 2 
bondholders;  3 
(10)  to enter into contracts with the United States or any person and, 4 
subject to the laws of the United States and subject to concurrence of the legislature, 5 
with a foreign country or its agencies, for the construction, financing, operation, and 6 
maintenance of all or any part of a power project or bulk fuel, waste energy, energy 7 
conservation, energy efficiency, or alternative energy facilities or equipment, either 8 
inside or outside the state, and for the sale or transmission of power from a project or 9 
any right to the capacity of it or for the security of any bonds of the authority issued or 10 
to be issued for the project;  11 
(11)  to enter into contracts with any person and with the United States 12 
and, subject to the laws of the United States and subject to the concurrence of the 13 
legislature, with a foreign country or its agencies for the purchase, sale, exchange, 14 
transmission, or use of power from a project, or any right to the capacity of it;  15 
(12)  to apply to the appropriate agencies of the state, the United States, 16 
and a foreign country and any other proper agency for the permits, licenses, or 17 
approvals as may be necessary, to acquire, construct, maintain, and operate power 18 
projects in accordance with the licenses or permits, and to obtain, hold, and use the 19 
licenses and permits in the same manner as any other person or operating unit;  20 
(13)  to enter into contracts or agreements with respect to the exercise 21 
of any of its powers, and do all things necessary or convenient to carry out its 22 
corporate purposes and exercise the powers granted in this chapter;  23 
(14)  to recommend to the legislature  24 
(A)  the pledge of the credit of the state to guarantee repayment 25 
of all or any portion of revenue bonds issued to assist in construction of power 26 
projects;  27 
(B)  an appropriation from the general fund  28 
(i)  for debt service on bonds or other project purposes; 29 
or  30 
(ii) to reduce the amount of debt financing for the 31    33-GS2489\U 
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project;  1 
(15)  to carry out the powers and duties assigned to it under AS 42.45 2 
and AS 44.83.700 - 44.83.750;  3 
(16)  to make grants or loans to any person and enter into contracts or 4 
other transactions regarding the grants or loans;  5 
(17)  to promote energy conservation, energy efficiency, and alternative 6 
energy through training and public education;  7 
(18)  to acquire a Susitna River power project, whether by construction, 8 
purchase, gift, or lease, including the acquisition of property rights and interests by 9 
eminent domain under AS 09;  10 
(19) to perform feasibility studies and engineering and design with 11 
respect to power projects; 12 
(20) to acquire energy storage systems, whether by direct 13 
ownership, purchase, grant, gift, or lease.  14 
   * Sec. 18. AS 44.83 is amended by adding new sections to read: 15 
Article 5A. Railbelt Transmission Organization. 16 
Sec. 44.83.700. Railbelt Transmission Organization. (a) The Railbelt 17 
Transmission Organization is established for the purpose of overseeing, managing, 18 
and developing the backbone transmission system serving the Railbelt and conducting 19 
strategic planning to enhance the future transfer capabilities, resilience, reliability, and 20 
efficiency of the backbone transmission system. For administrative purposes, the 21 
transmission organization is in the Alaska Energy Authority. 22 
(b)  The governance structure for the transmission organization must 23 
(1) provide for oversight of the transmission organization by a 24 
management committee that is made up of  25 
(A)  representatives from each of the Railbelt utilities;  26 
(B)  the executive director of the authority;  27 
(C)  the chief executive officer of the applicable electric 28 
reliability organization, or the chief executive officer's designee; 29 
(D)  an individual, appointed by the governor, who represents a 30 
person, other than a public utility, that owns or operates a facility for the 31    33-GS2489\U 
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generation of electricity; and 1 
(E)  an individual, appointed by the governor, who represents a 2 
labor organization engaged in collective bargaining with a Railbelt utility; 3 
(2)  include a conflict resolution process; and 4 
(3) facilitate substantial public participation in the operations of the 5 
transmission organization. 6 
(c) The provisions of AS 44.83.700 - 44.83.750 do not limit, extend, or 7 
otherwise alter the rights and obligations as provided in AS 42.05.221 - 42.05.281 of a 8 
public utility that is certificated under AS 42.05.221. 9 
Sec. 44.83.710. Powers and duties. (a) The transmission organization shall  10 
(1)  manage backbone transmission assets; 11 
(2) follow reliability standards developed by the applicable electric 12 
reliability organization; 13 
(3) ensure the safe, resilient, reliable, efficient, and economical 14 
operation and development of the backbone transmission system; 15 
(4) preserve nondiscriminatory open access to the backbone 16 
transmission system subject to legitimate technical constraints and congestion; 17 
(5) maintain the capacity rights of legacy transmission owners to 18 
access firm load and legacy generation resources served by the backbone transmission 19 
system;  20 
(6)  perform integrated transmission planning under AS 44.83.730; 21 
(7)  purchase, lease, or otherwise acquire effective operational control 22 
of backbone transmission assets; 23 
(8)  subject to the approval of the commission, establish tariffs related 24 
to the backbone transmission system under AS 44.83.720. 25 
(b)  The transmission organization may  26 
(1)  construct, own, and operate new backbone transmission assets; and 27 
(2) enter into contracts, agreements, and partnerships that enhance 28 
safety, resiliency, reliability, and efficiency of the backbone transmission system. 29 
(c)  The transmission organization may not exchange, donate, sell, or otherwise 30 
convey a backbone transmission asset owned by the transmission organization without 31    33-GS2489\U 
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approval of the legislature in advance of the effective date of the conveyance. 1 
(d)  The transmission organization shall ensure that work performed on new 2 
construction and maintenance of backbone transmission assets controlled by the 3 
transmission organization is prioritized to give first preference to the Railbelt utility 4 
that serves the area in which the work is performed. The transmission organization 5 
shall compensate the utility for reasonable and necessary expenses the utility incurs in 6 
performing the work. The work must be performed subject to the terms and conditions 7 
of any existing collective bargaining agreements. 8 
(e) The transmission organization may adopt regulations necessary to 9 
implement AS 44.83.710 - 44.83.750. 10 
Sec. 44.83.720. Revenue mechanism. (a) The transmission organization shall 11 
hold and administer a commission-approved open access transmission tariff that 12 
ensures nondiscriminatory access to the backbone transmission system. 13 
(b) The transmission organization shall adopt a commission-approved 14 
transmission cost recovery methodology that ensures the reliability and sufficient 15 
capacity of the backbone transmission system to support and promote state and 16 
regional energy policies and a rigorous, dynamic economy.  17 
(c)  The cost recovery methodology for the transmission organization must, as 18 
approved by the commission, 19 
(1)  pool backbone transmission system costs and allocate those costs 20 
through certificated load-serving entities on a coincident peak or load ratio share basis, 21 
or a combination of both; and 22 
(2)  account for  23 
(A)  required backbone transmission system ancillary services; 24 
(B)  backbone transmission system congestion; and 25 
(C)  disruptions to the backbone transmission system that result 26 
in the isolation of one geographical area of the backbone transmission system 27 
from another for more than 24 hours.  28 
(d)  A Railbelt utility shall pass the commission-approved transmission costs 29 
directly and transparently to the utility's customers. 30 
(e)  Notwithstanding AS 44.83.090(b), the transmission organization is subject 31    33-GS2489\U 
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to the jurisdiction of the commission for the purpose of this section. The commission 1 
shall adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to 2 
implement this section. 3 
Sec. 44.83.730. Integrated transmission planning. (a) At least once every 10 4 
years, the transmission organization shall, in consultation with stakeholders, create and 5 
review an integrated transmission plan for the backbone transmission system. 6 
(b) The integrated transmission plan must set clear goals and articulate the 7 
strategic trajectory, operational blueprint, capital improvement funding requirements, 8 
and developmental outlook for the backbone transmission system, considering 9 
regulatory and legal frameworks, projected load growth, technological advancement, 10 
fuel supply projections, generation plans, safety, resiliency, reliability, efficiency, and 11 
economic impacts. The integrated transmission plan must analyze performance on and 12 
alignment with prior integrated transmission plans. 13 
(c) The transmission organization shall seek feedback and input from the 14 
public throughout the integrated transmission plan development process to ensure that 15 
the plan reflects a broad range of perspectives and addresses community and industry 16 
concerns. When the integrated transmission plan is complete, the transmission 17 
organization shall publish the plan on the Alaska Energy Authority's Internet website. 18 
Sec. 44.83.740. Transfer management of assets. (a) To achieve the integrated 19 
and streamlined governance of the backbone transmission system, the commission 20 
shall, on or before July 1, 2025, determine which assets are backbone transmission 21 
assets, and the Railbelt utilities shall transfer management of those assets to the 22 
transmission organization on or before July 1, 2026.  23 
(b) The transmission organization shall manage the backbone transmission 24 
assets identified under (a) of this section that are owned or managed by the authority. 25 
(c)  A Railbelt utility shall pay penalties as determined by the commission for 26 
failure to transfer management of backbone transmission assets to the transmission 27 
organization as required under this section. The commission shall adopt regulations 28 
under AS 44.62 (Administrative Procedure Act) necessary to implement this 29 
subsection, including defining by regulation the term "backbone transmission asset." 30 
Sec. 44.83.750. Definitions. In AS 44.83.700 - 44.83.750, 31    33-GS2489\U 
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(1)  "backbone transmission system" means the backbone transmission 1 
assets in the Railbelt that facilitate the transfer of large-scale electrical power between 2 
or across separate geographical areas; "backbone transmission system" does not 3 
include assets that would be considered distribution facilities or radial facilities under 4 
the standards established by the Federal Energy Regulatory Commission; 5 
(2)  "commission" means the Regulatory Commission of Alaska; 6 
(3)  "Railbelt" means the geographic region from the Kenai Peninsula 7 
to Interior Alaska that is connected to a common electric transmission backbone; 8 
(4) "Railbelt utility" means a public electric utility certificated to 9 
operate in the Railbelt; 10 
(5) "transmission organization" means the Railbelt Transmission 11 
Organization established by AS 44.83.700. 12 
   * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 13 
read: 14 
TRANSITION: AGREEMENT BETWEEN ALASKA ENERGY AUTHORITY 15 
AND RAILBELT UTILITIES. To ensure the successful implementation of AS 44.83.700 - 16 
44.83.750, added by sec. 18 of this Act, on or before July 1, 2025, the Alaska Energy 17 
Authority and the Railbelt utilities, as defined in AS 44.83.750, added by sec. 18 of this Act, 18 
shall develop an agreement to implement AS 44.83.700 - 44.83.750, added by sec. 18 of this 19 
Act. The agreement must establish  20 
(1) a governance structure for the Railbelt Transmission Organization 21 
established under AS 44.83.700, added by sec. 18 of this Act, that is modeled after the 22 
governance structure of the Bradley Lake Hydroelectric Project, as outlined in the Bradley 23 
Lake Power Sales Agreement, including the creation, duties, and methods of the Bradley Lake 24 
Project Management Committee, dispute resolution, budgeting, financing, and delegation of 25 
operations, with any adjustments the parties to the agreement determine are necessary to 26 
accommodate the requirements of AS 44.83.700 - 44.83.750, added by sec. 18 of this Act; and  27 
(2)  a backbone transmission system revenue mechanism under AS 44.83.720, 28 
added by sec. 18 of this Act, that is modeled after the provisions governing transmission cost 29 
allocation and recovery in 16 Texas Administrative Code 25.192, as it reads on the effective 30 
date of this section, with modifications as necessary. 
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   * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 1 
read: 2 
TRANSITION: INITIAL INTEGRATED TRANSMISSION PLAN AND CAPITAL 3 
IMPROVEMENT PROGRAM. The Alaska Energy Authority shall immediately assume the 4 
integrated transmission planning duties under AS 44.83.730, added by sec. 18 of this Act, 5 
develop an initial integrated transmission plan as soon as practicable, and begin execution of a 6 
five-year transmission capital improvement program based on the plan as soon as practicable. 7 
The authority shall transfer the responsibility for the plan and program to the Railbelt 8 
Transmission Organization established under AS 44.83.700, added by sec. 18 of this Act, 9 
after the agreement establishing the governance structure of the organization under sec. 19 of 10 
this Act has been executed. 11 
   * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 12 
read: 13 
TRANSITION: REGULATORY COMMISSION OF ALASKA MEMBERS. An 14 
individual who is a member of the Regulatory Commission of Alaska on the day before the 15 
effective date of sec. 1 of this Act continues to serve on the Regulatory Commission of Alaska 16 
until the member's term expires and a successor is appointed and qualified. The governor shall 17 
make appointments for vacancies that occur on or after the effective date of sec. 1 of this Act 18 
in accordance with AS 42.04.020(a), as amended by sec. 1 of this Act. 19 
   * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 20 
read: 21 
TRANSITION: ALASKA ENERGY AUTHORITY BOARD MEMBERS. 22 
Notwithstanding AS 44.83.030(c), added by sec. 15 of this Act, the governor shall appoint 23 
two public members of the initial Alaska Energy Authority board of directors to one-year 24 
terms, two public members to two-year terms, and two public members to three-year terms. 25 
   * Sec. 23. Sections 19 and 20 of this Act take effect immediately under AS 01.10.070(c). 26 
   * Sec. 24. Except as provided in sec. 23 of this Act, this Act takes effect July 1, 2024. 27