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HB 79: "An Act establishing a gas royalty and production tax fund, describing its purpose, and authorizing use of fund proceeds to support power cost equalization."

00 HOUSE BILL NO. 79 01 "An Act establishing a gas royalty and production tax fund, describing its purpose, and 02 authorizing use of fund proceeds to support power cost equalization." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.05 is amended by adding a new section to read: 05 Sec. 37.05.535. Gas royalty and production tax fund. (a) The gas royalty 06 and production tax fund is established in the general fund. Except for money deposited 07 in the budget reserve fund under art. IX, sec. 17(a), Constitution of the State of 08 Alaska, the fund consists of the proceeds 09 (1) from the sale, exchange, or other disposal of gas that is obtained by 10 the state as royalty under AS 38.05.182, whether taken in cash or in kind, from gas 11 production delivered into an in-state gas pipeline for consumption or use within the 12 state, excluding amounts deposited in the Alaska permanent fund under 13 AS 37.13.010(a)(1) or (2); 14 (2) received from the production tax under AS 43.55.011 for gas that is

01 exported from the state and for which the state does not receive royalties. 02 (b) The department shall separately account for the receipts described in (a) of 03 this section. 04 (c) The legislature may appropriate money in the gas royalty and production 05 tax fund to the power cost equalization endowment fund (AS 42.45.070), the power 06 cost equalization and rural electric capitalization fund (AS 42.45.100), or for any other 07 public purpose. 08 * Sec. 2. AS 42.45.070(a) is amended to read: 09 (a) The power cost equalization endowment fund is established as a separate 10 fund of the authority. The fund consists of 11 (1) legislative appropriations to the fund that are not designated for 12 annual expenditure for the purpose of power cost equalization; 13 (2) accumulated earnings of the fund; 14 (3) gifts, bequests, contributions of money and other assets, and federal 15 money given to the fund that are not designated for annual expenditure for power cost 16 equalization; and 17 (4) legislative appropriations from the gas royalty and production 18 tax fund under AS 37.05.535 [REPEALED]. 19 * Sec. 3. AS 42.45.100(b) is amended to read: 20 (b) The fund shall be administered by the authority as a fund distinct from the 21 other funds of the authority. The fund is composed of 22 (1) money appropriated to provide power cost equalization to eligible 23 electric utilities and to provide grants for utility improvements; 24 (2) money appropriated from the National Petroleum Reserve - Alaska 25 special revenue fund under AS 37.05.530(g); 26 (3) money appropriated from the power cost equalization endowment 27 fund (AS 42.45.070) under AS 42.45.085(a); 28 (4) gifts, bequests, contributions from other sources, and federal 29 money; [AND] 30 (5) interest earned on the fund balance; and 31 (6) legislative appropriations from the gas royalty and production

01 tax fund under AS 37.05.535.