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Susitna-Watana Hydroelectric Project Document
ARLIS Uniform Cover Page
Title:
An Act Relating to the quorum of the Alaska Energy Authority; relating to
the powers and duties of the Alaska Energy Authority; relating to the
acquisition or construction of a Susitna River power project by the Alaska
Energy Authority; relating to the definition of "feasibility study" in the Alaska
Energy Authority Act; providing legislative approval for certain loans from
the power project fund; and providing for an effective date.
SuWa 181
Author(s) – Personal:
Author(s) – Corporate:
Alaska
AEA-identified category, if specified:
Legislation
AEA-identified series, if specified:
Series (ARLIS-assigned report number):
Susitna-Watana Hydroelectric Project document number 181
Existing numbers on document:
Source CSSB 42(FIN)
Chapter no. 6 (FSSLA)
Published by:
[Juneau : State of Alaska, 2011?]
Date published:
2011
Published for:
Date or date range of report:
Volume and/or Part numbers:
Final or Draft status, as indicated:
Document type:
Pagination:
5 p.
Related work(s):
Pages added/changed by ARLIS:
Notes:
All reports in the Susitna-Watana Hydroelectric Project Document series include an ARLIS-
produced cover page and an ARLIS-assigned number for uniformity and citability. All reports
are posted online at http://www.arlis.org/resources/susitna-watana/
Enrolled SB 42
LAWS OF ALASKA
2011
FIRST SPECIAL SESSION
Source Chapter No.
CSSB 42(FIN) _______
AN ACT
Relating to the quorum of the Alaska Energy Authority; relating to the powers and duties of
the Alaska Energy Authority; relating to the acquisition or construction of a Susitna River
power project by the Alaska Energy Authority; relating to the definition of "feasibility study"
in the Alaska Energy Authority Act; providing legislative approval for certain loans from the
power project fund; and providing for an effective date.
_______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
-1- Enrolled SB 42
AN ACT
Relating to the quorum of the Alaska Energy Authority; relating to the powers and duties of 1
the Alaska Energy Authority; relating to the acquisition or construction of a Susitna River 2
power project by the Alaska Energy Authority; relating to the definition of "feasibility study" 3
in the Alaska Energy Authority Act; providing legislative approval for certain loans from the 4
power project fund; and providing for an effective date. 5
_______________ 6
* Section 1. AS 44.83.040(a) is amended to read: 7
(a) The chair and vice-chair of the Alaska Industrial Development and Export 8
Authority shall serve as officers of the Alaska Energy Authority. The powers of the 9
Alaska Energy Authority are vested in the directors, and four [THREE] directors of 10
the authority constitute a quorum. Action may be taken and motions and resolutions 11
adopted by the Alaska Energy Authority at a meeting by the affirmative vote of a 12
majority of the directors. The directors of the Alaska Energy Authority serve without 13
Enrolled SB 42 -2-
compensation, but they shall receive the same travel pay and per diem as provided by 1
law for board members under AS 39.20.180. 2
* Sec. 2. AS 44.83.080 is amended to read: 3
Sec. 44.83.080. Powers of the authority. In furtherance of its corporate 4
purposes, the authority has the following powers in addition to its other powers: 5
(1) to sue and be sued; 6
(2) to have a seal and alter it at pleasure; 7
(3) to make and alter bylaws for its organization and internal 8
management; 9
(4) to adopt regulations governing the exercise of its corporate powers; 10
(5) to improve, equip, operate, and maintain power projects and bulk 11
fuel, waste energy, energy conservation, energy efficiency, and alternative energy 12
facilities and equipment; 13
(6) to issue bonds to carry out any of its corporate purposes and 14
powers, including the establishment or increase of reserves to secure or to pay the 15
bonds or interest on them, and the payment of all other costs or expenses of the 16
authority incident to and necessary or convenient to carry out its corporate purposes 17
and powers; 18
(7) to sell, lease as lessor or lessee, exchange, donate, convey, or 19
encumber in any manner by mortgage or by creation of any other security interest, real 20
or personal property owned by it, or in which it has an interest, when, in the judgment 21
of the authority, the action is in furtherance of its corporate purposes; 22
(8) to accept gifts, grants, or loans from, and enter into contracts or 23
other transactions regarding them, with any person; 24
(9) to deposit or invest its funds, subject to agreements with 25
bondholders; 26
(10) to enter into contracts with the United States or any person and, 27
subject to the laws of the United States and subject to concurrence of the legislature, 28
with a foreign country or its agencies, for the construction, financing, operation, and 29
maintenance of all or any part of a power project or bulk fuel, waste energy, energy 30
conservation, energy efficiency, or alternative energy facilities or equipment, either 31
-3- Enrolled SB 42
inside or outside the state, and for the sale or transmission of power from a project or 1
any right to the capacity of it or for the security of any bonds of the authority issued or 2
to be issued for the project; 3
(11) to enter into contracts with any person and with the United States 4
[,] and, subject to the laws of the United States and subject to the concurrence of the 5
legislature, with a foreign country or its agencies for the purchase, sale, exchange, 6
transmission, or use of power from a project, or any right to the capacity of it; 7
(12) to apply to the appropriate agencies of the state, the United States, 8
and a foreign country and any other proper agency for the permits, licenses, or 9
approvals as may be necessary, to acquire, construct, maintain, and operate power 10
projects in accordance with the licenses or permits, and to obtain, hold, and use the 11
licenses and permits in the same manner as any other person or operating unit; 12
(13) to enter into contracts or agreements with respect to the exercise 13
of any of its powers, and do all things necessary or convenient to carry out its 14
corporate purposes and exercise the powers granted in this chapter; 15
(14) to recommend to the legislature 16
(A) the pledge of the credit of the state to guarantee repayment 17
of all or any portion of revenue bonds issued to assist in construction of power 18
projects; 19
(B) an appropriation from the general fund 20
(i) for debt service on bonds or other project purposes; 21
or 22
(ii) to reduce the amount of debt financing for the 23
project; 24
(15) to carry out the powers and duties assigned to it under AS 42.45; 25
(16) to make grants or loans to any person and enter into contracts or 26
other transactions regarding the grants or loans; 27
(17) to promote energy conservation, energy efficiency, and alternative 28
energy through training and public education; 29
(18) to acquire a Susitna River power project, whether by 30
construction, purchase, gift, or lease, including the acquisition of property rights 31
Enrolled SB 42 -4-
and interests by eminent domain under AS 09; 1
(19) to perform feasibility studies and engineering and design with 2
respect to power projects. 3
* Sec. 3. AS 44.83 is amended by adding a new section to read: 4
Sec. 44.83.085. Susitna River power project annual report. The authority 5
shall prepare, not later than the first day of each regular session of the legislature, an 6
annual report summarizing the status of the Susitna River power project and shall 7
notify the legislature that the report is available. 8
* Sec. 4. AS 44.83.396(a) is amended to read: 9
(a) A power project that was acquired or constructed under AS 44.83.080(18) 10
or as part of the former energy program for Alaska is owned, and shall be 11
administered, by the authority. 12
* Sec. 5. AS 44.83.990(3) is amended to read: 13
(3) "feasibility study" 14
(A) means a study conducted for the purpose of establishing the 15
economic and environmental practicality of completing a proposed power 16
project [UNDER FORMER AS 44.83.181]; 17
(B) includes engineering and design work to meet the 18
requirements for submission of a license application for a proposed new 19
project to the Federal Energy Regulatory Commission; 20
* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
LEGISLATIVE APPROVAL OF LOANS FROM THE POWER PROJECT FUND. 23
(a) Provided the Alaska Energy Authority approves a loan for the Haida Energy, Inc., 24
Reynolds Creek hydroelectric project, the legislature authorizes the Alaska Energy Authority 25
to loan an amount not to exceed $11,000,000 from the power project fund (AS 42.45.010) for 26
the Haida Energy, Inc., Reynolds Creek hydroelectric project in addition to the loan 27
authorized by sec. 6, ch. 70, SLA 2010. 28
(b) Provided the Alaska Energy Authority approves a loan for the Cordova Electric 29
Cooperative Humpback Creek hydroelectric project, the legislature authorizes the Alaska 30
Energy Authority to loan an amount not to exceed $5,000,000 from the power project fund 31
-5- Enrolled SB 42
(AS 42.45.010) for the Cordova Electric Cooperative Humpback Creek hydroelectric project. 1
(c) Subsections (a) and (b) of this section constitute legislative approval under 2
AS 42.45.010(j) for a loan from the fund that exceeds $5,000,000. 3
* Sec. 7. This Act takes effect immediately under AS 01.10.070(c). 4