Alaska 30th Legislature (2017-2018) Status: In Committee

SB 39 — An Act adopting the Municipal Property Assessed Clean Energy Act; authorizing municipalities to establish programs to impose assessments for energy improvements in regions designated by municipalities; imposing fees; and providing for an effective date.

Last action — Referred to Finance

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 30th Legislature (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

7 added · 7 removed

Plain-language change summary

The revised version of Bill SB 39 now includes specific sections that outline the requirements and operations of a program for Municipal Property Assessed Clean Energy (PACE) projects. Key additions clarify that municipalities can impose assessments to fund energy improvements, detailing obligations for property owners, such as notifying mortgage holders before participating in these programs. These changes matter because they aim to streamline the process for municipalities to enhance energy efficiency and promote renewable energy initiatives while ensuring that property owners are informed and protected.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2017 Session Laws & Resolves 2018 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills CSSB 39(CRA) Detail FullText txt CSSB 39(CRA):
and providing for an effective date." SENATE BILL NO.
and providing for an effective date." CS FOR SENATE BILL NO.
39 01 "An Act adopting the Municipal Property Assessed Clean Energy Act;
39(CRA) 01 "An Act adopting the Municipal Property Assessed Clean Energy Act;
A program established under AS 29.55.100 26 must require from an independent third party 27 (1) a review of the energy baseline conditions and the projected energy 28 savings for each proposed qualified project;
The record owner of eligible property shall 26 obtain from an independent third party the following:
and 29 (2) after a qualified project is completed, verification that the qualified 30 project was properly completed and is operating as intended.
27 (1) for each proposed qualified project, 28 (A) a review of the energy or emissions baseline conditions, as 29 appropriate;
31 Sec.
and 30 (B) the projected reduction in energy costs, energy 31 consumption or demand, or emissions affecting local air quality, as appropriate;
and 02 (2) for each completed qualified project, verification that the qualified 03 project was properly completed and is operating as intended.
04 Sec.
The proposed arrangements for financing a qualified project may authorize the property owner to 02 (1) purchase directly the related equipment and materials for the 03 qualified project;
The proposed arrangements for 05 financing a qualified project may authorize the property owner to 06 (1) purchase directly the related equipment and materials for the 07 qualified project;
and 04 (2) contract directly, including through lease, a power purchase 05 agreement, or other service contract, for the qualified project.
and 08 (2) contract directly, including through lease, a power purchase 09 agreement, or other service contract, for the qualified project.
06 Sec.
10 Sec.
(a) A municipality that 07 authorizes financing through assessments under AS 29.55.105 shall file written notice 08 of each assessment in the property records of the recording district in which the 09 property is located.
(a) A municipality that 11 authorizes financing through assessments under AS 29.55.105 shall file written notice 12 of each assessment in the property records of the recording district in which the 13 property is located.
10 (b) The notice under (a) of this section must contain 11 (1) the amount of the assessment;
14 (b) The notice under (a) of this section must contain 15 (1) the amount of the assessment;
12 (2) the legal description of the property;
16 (2) the legal description of the property;
13 (3) the name of each property owner;
17 (3) the name of each property owner;
and 14 (4) a reference to the statutory assessment lien provided under 15 AS 29.55.135.
and 18 (4) a reference to the statutory assessment lien provided under 19 AS 29.55.135.
16 Sec.
20 Sec.
(a) Assessments under AS 29.55.105 and any interest or 17 penalties on the assessments are liens on the property assessed and are prior and 18 paramount to all liens except municipal tax liens and special assessments.
(a) Assessments under AS 29.55.105 and any interest or 21 penalties on the assessments are liens on the property assessed and are prior and 22 paramount to all liens except municipal tax liens and special assessments.
Assessment 19 liens may be enforced as provided in AS 29.45.320 - 29.45.470 for enforcement of 20 property tax liens.
Assessment 23 liens may be enforced as provided in AS 29.45.320 - 29.45.470 for enforcement of 24 property tax liens.
21 (b) Assessment liens run with the land, and that portion of the assessment 22 under the assessment contract that has not yet become due is not eliminated by 23 foreclosure of a property tax lien.
25 (b) Assessment liens run with the land, and that portion of the assessment 26 under the assessment contract that has not yet become due is not eliminated by 27 foreclosure of a property tax lien.
24 (c) Penalties and interest may be added to delinquent installments of the 25 assessments in the same manner as provided in AS 29.45.250.
28 (c) Penalties and interest may be added to delinquent installments of the 29 assessments in the same manner as provided in AS 29.45.250.
26 (d) A municipality may recover costs and expenses, including attorney fees, in 27 a suit to collect a delinquent installment of an assessment in the same manner as in a 28 suit to collect a delinquent property tax.
30 (d) A municipality may recover costs and expenses, including attorney fees, in 31 a suit to collect a delinquent installment of an assessment in the same manner as in a suit to collect a delinquent property tax.
29 Sec.
02 Sec.
(a) A municipality may issue bonds or notes 30 to finance qualified projects subject to assessment under AS 29.55.105.
(a) A municipality may issue bonds or notes 03 to finance qualified projects subject to assessment under AS 29.55.105.
31 (b) Bonds or notes issued under this section may not be general obligations of the municipality.
04 (b) Bonds or notes issued under this section may not be general obligations of 05 the municipality.
The bonds or notes must be secured by one or more of the following, 02 as provided by the governing body of the municipality in the resolution or ordinance 03 approving the bonds or notes:
The bonds or notes must be secured by one or more of the following, 06 as provided by the governing body of the municipality in the resolution or ordinance 07 approving the bonds or notes:
04 (1) payments of assessments on benefited property in one or more 05 specified regions designated under AS 29.55.100;
08 (1) payments of assessments on benefited property in one or more 09 specified regions designated under AS 29.55.100;
06 (2) reserves established by the municipality from grants, bonds, or net 07 proceeds or other lawfully available funds;
10 (2) reserves established by the municipality from grants, bonds, or net 11 proceeds or other lawfully available funds;
08 (3) municipal bond insurance, lines of credit, public or private 09 guaranties, standby bond purchase agreements, collateral assignments, mortgages, or 10 any other available means of providing credit support or liquidity;
12 (3) municipal bond insurance, lines of credit, public or private 13 guaranties, standby bond purchase agreements, collateral assignments, mortgages, or 14 any other available means of providing credit support or liquidity;
and 11 (4) any other funds lawfully available for purposes consistent with 12 AS 29.55.100 - 29.55.165.
and 15 (4) any other funds lawfully available for purposes consistent with 16 AS 29.55.100 - 29.55.165.
13 (c) A municipal pledge of assessments, funds, or contractual rights in 14 connection with the issuance of bonds or notes by the municipality under this section 15 is a first lien on the assessments, funds, or contractual rights pledged in favor of the 16 person to whom the pledge is given, without further action by the municipality.
17 (c) A municipal pledge of assessments, funds, or contractual rights in 18 connection with the issuance of bonds or notes by the municipality under this section 19 is a first lien on the assessments, funds, or contractual rights pledged in favor of the 20 person to whom the pledge is given, without further action by the municipality.
The 17 lien is valid and binding against any other person, with or without notice.
The 21 lien is valid and binding against any other person, with or without notice.
18 (d) Bonds or notes issued under this section further essential public and 19 governmental purposes, including 20 (1) improvement of the reliability of local electrical systems;
22 (d) Bonds or notes issued under this section further essential public and 23 governmental purposes, including 24 (1) improvement of the reliability of local electrical systems;
21 (2) reduction of energy costs;
25 (2) reduction of energy costs;
22 (3) reduction of energy demand on local utilities;
26 (3) reduction of energy demand on local utilities;
23 (4) economic stimulation and development;
27 (4) reduction of emissions affecting local air quality;
24 (5) enhancement of property values;
28 (5) economic stimulation and development;
and 25 (6) enhancement of employment opportunities.
29 (6) enhancement of property values;
26 Sec.
and 30 (7) enhancement of employment opportunities.
31 Sec.
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A municipality may enter into an 27 agreement with 28 (1) a third party to administer a program under AS 29.55.100;
A municipality may enter into an agreement with 02 (1) a third party to administer a program under AS 29.55.100;
29 (2) one or more municipalities to jointly implement or administer a 30 program under AS 29.55.100;
03 (2) one or more municipalities to jointly implement or administer a 04 program under AS 29.55.100;
if two or more municipalities jointly implement a 31 program, a single public hearing held jointly by the cooperating municipalities is sufficient to satisfy the requirement of AS 29.55.100(b)(3).
if two or more municipalities jointly implement a 05 program, a single public hearing held jointly by the cooperating municipalities is 06 sufficient to satisfy the requirement of AS 29.55.100(b)(3).
02 Sec.
07 Sec.
A municipality that establishes a region under 03 AS 29.55.100 may not make the issuance of a permit, license, or other authorization 04 from the municipality to a person who owns property in the region contingent on the 05 person entering into a written contract to repay the financing of a qualified project 06 through assessments under AS 29.55.105, or otherwise compel a person who owns 07 property in the region to enter into a written contract to repay the financing of a 08 qualified project through assessments under AS 29.55.105.
A municipality that establishes a region under 08 AS 29.55.100 may not make the issuance of a permit, license, or other authorization 09 from the municipality to a person who owns property in the region contingent on the 10 person entering into a written contract to repay the financing of a qualified project 11 through assessments under AS 29.55.105, or otherwise compel a person who owns 12 property in the region to enter into a written contract to repay the financing of a 13 qualified project through assessments under AS 29.55.105.
09 Sec.
14 Sec.
AS 29.55.100 - 29.55.165 apply to home rule and 10 general law municipalities.
AS 29.55.100 - 29.55.165 apply to home rule and 15 general law municipalities.
11 Sec.
16 Sec.
In AS 29.55.100 - 29.55.165, 12 (1) "eligible property" means privately owned commercial or industrial 13 real property;
In AS 29.55.100 - 29.55.165, 17 (1) "eligible property" means privately owned commercial or industrial 18 real property;
14 (2) "program" means a program established under AS 29.55.100;
19 (2) "program" means a program established under AS 29.55.100;
15 (3) "qualified improvement" means a permanent improvement fixed to 16 eligible property and intended to decrease energy consumption or demand, including a 17 product, device, or interacting group of products or devices that uses energy 18 technology to generate electricity, provide thermal energy, or regulate temperature;
20 (3) "qualified improvement" means a permanent improvement fixed to 21 eligible property and intended to reduce energy consumption or demand, energy costs, 22 or emissions affecting local air quality, and includes a product, device, or interacting 23 group of products or devices that uses energy technology to generate electricity, 24 provide thermal energy, or regulate temperature;
19 (4) "qualified project" means the installation or modification of a 20 qualified improvement.
25 (4) "qualified project" means the installation or modification of a 26 qualified improvement.
21 Sec.
27 Sec.
AS 29.55.100 - 29.55.165 may be cited as the 22 Municipal Property Assessed Clean Energy Act.
AS 29.55.100 - 29.55.165 may be cited as the 28 Municipal Property Assessed Clean Energy Act.
23 * Sec.
29 * Sec.
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Action History

  1. Referred to Finance

  2. Fiscal Note 1: No fiscal impact (Commerce, Community & Economic Development)

  3. CRA Do Pass: BISHOP, GARDNER, MACKINNON

  4. CRA RPT CS 3DP SAME TITLE

  5. FIN REFERRAL ADDED AFTER CRA

  6. Cosponsors added: BEGICH

  7. Referred to Community & Regional Affairs

  8. Read the first time - REFERRALS

Sponsors

  • COGHILL · Primary
  • Begich · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 63 not signed on

Sponsors (1)

  • COGHILL

Co-sponsors (1)

  • Begich

Not signed on (63)

63 members have not signed on to this bill.

Show all 63 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

housing energy
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Frequently asked questions

Who sponsors SB 39?
SB 39 is sponsored by COGHILL and Begich.
What is the current status of SB 39?
This bill died with 30th Legislature (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 39?
Track SB 39 free on One Click Politics — get push/email alerts when it moves.

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