CSHB 369(RES): "An Act relating to an in-state natural gas pipeline, the office of in-state gasline project manager, and the Joint In-State Gasline Development Team; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 369(RES) 01 "An Act relating to an in-state natural gas pipeline, the office of in-state gasline project 02 manager, and the Joint In-State Gasline Development Team; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38 is amended by adding new sections to read: 06 Chapter 34. In-State Natural Gas Pipeline. 07 Sec. 38.34.010. In-state gasline project manager. (a) The position of in-state 08 gasline project manager is created in the Office of the Governor. The Office of the 09 Governor shall provide administrative support for the position. The position shall 10 continue until one year after commencement of commercial operation of the in-state 11 natural gas pipeline. 12 (b) The governor shall appoint an individual to the position of in-state gasline 13 project manager. The manager is in the exempt service under AS 39.25.110. The 14 person serving as the in-state gasline project manager may be removed from the
01 position at the discretion of the governor, who shall appoint another person to the 02 position. 03 (c) The in-state gasline project manager shall 04 (1) collaborate with other state agencies to perform planning and other 05 work on the in-state natural gas pipeline project under this chapter; 06 (2) coordinate with government agencies and the private sector on 07 issues involving construction, ownership, and operation of the in-state natural gas 08 pipeline; 09 (3) prepare written monthly progress reports setting out the monthly 10 expenditures of funds spent in the development of the in-state natural gas pipeline, 11 including projections of future expenditures and efforts needed to develop the in-state 12 natural gas pipeline, and submit each report to the legislature by the last day of the 13 month immediately following the month covered in the report. 14 Sec. 38.34.020. Expedited review and action by state agencies. (a) A review 15 conducted and action taken by a state agency relating to the in-state natural gas 16 pipeline project under this chapter shall be expedited in a manner consistent with the 17 timely completion of the project. 18 (b) Notwithstanding any contrary provision of law, a state agency may not 19 include in any project certificate, right-of-way, permit, or other authorization issued to 20 the licensee a term or condition that is not required by law if the in-state gasline 21 project manager determines that the term or condition would prevent or impair, in any 22 significant respect, the expeditious construction and operation or expansion of the in- 23 state natural gas pipeline project. 24 (c) Unless required by law, a state agency may not add to, amend, or abrogate 25 any certificate, right-of-way, permit, or other authorization issued to a licensee if the 26 in-state gasline project manager determines that the action would prevent or impair, in 27 any significant respect, the expeditious construction, operation, or expansion of the in- 28 state natural gas pipeline project. 29 Sec. 38.34.030. Joint In-state Gasline Development Team. (a) The Joint In- 30 state Gasline Development Team is established in the Office of the Governor. The 31 development team consists of four members as follows:
01 (1) the commissioner of transportation and public facilities, or the 02 commissioner's designee; 03 (2) the chief executive officer of the Alaska Railroad Corporation; 04 (3) the chief executive officer of the Alaska Natural Gas Development 05 Authority; and 06 (4) the in-state gasline project manager. 07 (b) The chief executive officer of the Alaska Railroad Corporation is the chair 08 of the development team. 09 (c) The development team may hire staff, enter into contracts, and exercise 10 other powers necessary to carry out its functions. 11 Sec. 38.34.040. Duties of the development team. (a) The Joint In-state 12 Gasline Development Team shall consider all aspects of the in-state natural gas 13 pipeline project, including public or private construction of the pipeline, marketing of 14 natural gas, a financing plan for pipeline construction, the purchase of natural gas from 15 producers, maximizing hiring of residents in connection with the pipeline project, 16 delivery and costs of natural gas to communities along the pipeline route, 17 manufacturing opportunities for gas-to-liquids, plans for delivery and costs of 18 liquefied natural gas or propane to Yukon river and coastal communities, the cost of 19 transporting natural gas to other locations in the state, and acquisition of natural gas 20 market share sufficient to ensure the long-term feasibility of the in-state natural gas 21 pipeline project. 22 (b) The development team shall ensure that construction is ready to begin on 23 an in-state natural gas pipeline by July 1, 2011, and take actions necessary to enable 24 natural gas to flow down the pipeline by 2015. 25 (c) The development team shall 26 (1) select a route for an in-state natural gas pipeline that runs from the 27 North Slope to tidewater in the state and to other locations in the state that, to the 28 extent consistent with other requirements of this subsection, 29 (A) is the most economical; 30 (B) will provide natural gas to residents at a reasonable cost; 31 (C) uses state land and existing state highway and railroad
01 rights-of-way to the maximum extent; 02 (D) uses existing highway and railroad bridges, gravel pits, 03 equipment yards, and maintenance facilities, and other existing facilities and 04 resources to the maximum extent; 05 (2) identify land or rights-of-way that must be obtained for 06 construction and operation of the in-state natural gas pipeline and take action 07 necessary to enable the Department of Transportation and Public Facilities to acquire 08 those interests; 09 (3) prepare plans and designs necessary for construction of the in-state 10 natural gas pipeline; 11 (4) identify all permits and licenses needed to construct the in-state 12 natural gas pipeline and proceed with applications for those permits and licenses; 13 (5) prepare and update estimates of construction and other costs of 14 pipeline construction; 15 (6) take any action necessary so that construction may begin on the in- 16 state natural gas pipeline by July 1, 2011, and report to the legislature by that date. 17 Sec. 38.34.050. Cooperation and access to information. (a) Notwithstanding 18 other laws, the Joint In-state Gasline Development Team may have access to 19 information of a state entity, including confidential information, that may relate to the 20 in-state natural gas pipeline or prove useful in planning, design, construction, or 21 operation of the pipeline. Confidential information received by the development team 22 shall be kept confidential. 23 (b) All state agencies and other entities shall cooperate with and, except for 24 requests from the Alaska Gasline Inducement Act coordinator (AS 43.90.250), give 25 priority to requests for information from the Joint In-state Gasline Development Team. 26 The development team shall avoid duplicating studies, plans, and designs that have 27 already been produced or otherwise obtained by other state entities. 28 Sec. 38.34.060. Conflicts of interest. If a member of the Joint In-state Gasline 29 Development Team acquires, owns, or controls an interest, direct or indirect, in 30 property, an organization, or a business that might be affected by the in-state natural 31 gas pipeline project or other matter under consideration by the development team, the
01 member shall immediately disclose the interest to the development team. The 02 disclosure is a matter of public record and shall be included in the minutes of the first 03 meeting of the development team held after the disclosure. 04 Sec. 38.34.099. Definitions. In this chapter, 05 (1) "in-state natural gas pipeline" means a pipeline for transporting 06 natural gas that runs from the North Slope to tidewater in the state; 07 (2) "North Slope" means that area of Alaska lying north of 68 degrees 08 North latitude. 09 * Sec. 2. AS 39.25.110 is amended by adding a new paragraph to read: 10 (43) the in-state gasline project manager appointed under 11 AS 38.34.010. 12 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).