Legislature(2021 - 2022)

2021-05-14 House Journal

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2021-05-14                     House Journal                      Page 1075
HB 81                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 81                                                                                                          
     "An Act authorizing the commissioner of natural resources to                                                               
     modify a net profit share lease."                                                                                          
                                                                                                                                
with the: Journal Page                                                                                                          
                                                                                                                                
 RES RPT CS(RES) 1DP 5NR 1AM 411                                                                                                
 FN1: INDETERMINATE(DNR) 411                                                                                                    
 FN2: INDETERMINATE(REV) 411                                                                                                    
 FIN RPT CS(RES) 8DP 1DNP 1AM 801                                                                                               
 FN1: INDETERMINATE(DNR) 801                                                                                                    
 FN2: INDETERMINATE(REV) 801                                                                                                    
                                                                                                                                
Representative Claman moved and asked unanimous consent that the                                                                
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 81(RES)                                                                                              
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
**Representative Zulkosky, who was excused (page 1057), left the                                                                
Chamber.                                                                                                                        
                                                                                                                                
Amendment No. 1 was offered  by Representative Wool:                                                                             
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
     Delete "authorizing the commissioner of natural resources to                                                             
modify a net profit share"                                                                                                    
     Insert "relating to the modification of a royalty or net profit                                                          
share in an oil and gas or gas only"                                                                                          
                                                                                                                                
                                                                                                                                

2021-05-14                     House Journal                      Page 1076
Page 7, following line 20:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 6. AS 38.05.180 is amended by adding a new subsection to                                                              
read:                                                                                                                           
         (mm)  The commissioner may grant a royalty or net profit                                                               
     share modification under (j) of this section only if the Alaska                                                            
     Royalty Oil and Gas Development Advisory Board recommends                                                                  
     that the commissioner approve the royalty or net profit share                                                              
     modification.                                                                                                              
   * Sec. 7. AS 38.06.040(a) is amended to read:                                                                              
         (a)  The board shall                                                                                                   
              (1)  in accordance with the criteria set out in                                                                   
     AS 38.06.070, develop a plan for the wise development of the                                                               
     state's oil and gas royalty interests; the plan of development shall                                                       
     be consistent with                                                                                                         
                  (A)  growth of the private sector of the economy;                                                             
                  (B)  environmental standards required by law; and                                                             
                  (C)  public fiscal stability;                                                                                 
              (2)  hold public hearings on proposed sales, exchanges, or                                                        
     other disposals of royalty oil or gas to determine whether the                                                             
     proposals comply with AS 38.06.070;                                                                                        
              (3)  examine proposed sales, exchanges, or other disposal                                                         
     of, and recommend to the legislature that it approve or disapprove                                                         
     a proposed sale, exchange, or other disposal of                                                                            
                  (A)  the oil or gas that is obtained by the state as                                                          
         royalty under AS 38.05.182; or                                                                                         
                  (B)  the rights to receive future oil or gas production                                                       
         under state leases; [AND]                                                                                              
              (4)  recommend to the commissioner of natural resources                                                           
     the conditions relating to the sale, delivery, transportation,                                                             
     refining, or processing of oil or gas that [WHICH] the                                                                 
     commissioner may include in the offer and sale of oil or gas                                                               
     obtained by the state as royalty under AS 38.05.182; and                                                               
              (5)  review a royalty or net profit share modification                                                        
     under AS 38.05.180 and recommend that the commissioner                                                                 
     approve or disapprove the modification."                                                                               
                                                                                                                                
Representative Wool moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                

2021-05-14                     House Journal                      Page 1077
Representative Rasmussen objected.                                                                                              
                                                                                                                                
Amendment No. 1 to Amendment No. 1 was offered  by                                                                               
Representative Eastman:                                                                                                         
                                                                                                                                
Page 1, line 11:                                                                                                                
 Delete "Advisory"                                                                                                              
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 to Amendment No. 1 be adopted.                                                                                  
                                                                                                                                
Representative Hannan objected.                                                                                                 
                                                                                                                                
Representative Eastman moved and asked unanimous consent to                                                                     
withdraw Amendment No. 1 to Amendment No. 1. There being no                                                                     
objection, it was so ordered.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 81(RES)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  22   NAYS:  15   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Eastman, Edgmon, Fields, Foster,                                                                       
Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, Ortiz,                                                                     
Patkotak, Prax, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr,                                                                
Vance, Wool                                                                                                                     
                                                                                                                                
Nays:  Carpenter, Cronk, Gillham, Kaufman, Kurka, LeBon, McCabe,                                                                
McCarty, McKay, Merrick, Rasmussen, Rauscher, Shaw, Thompson,                                                                   
Tilton                                                                                                                          
                                                                                                                                
Excused:  Nelson, Tuck, Zulkosky                                                                                                
                                                                                                                                
And so, Amendment No. 1 was adopted, and the new title follows:                                                                 
                                                                                                                                
     CS FOR HOUSE BILL NO. 81(RES) am                                                                                           
     "An Act relating to the modification of a royalty or net profit share                                                      
     in an oil and gas or gas only lease."                                                                                      
                                                                                                                                

2021-05-14                     House Journal                      Page 1078
Representative Claman moved and asked unanimous consent that                                                                    
CSHB 81(RES) am be considered engrossed, advanced to third                                                                      
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSHB 81(RES) am was read the third time.                                                                                        
                                                                                                                                
The question being:  "Shall CSHB 81(RES) am pass the House?"  The                                                               
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 81(RES) am                                                                                                                 
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon,                                                                     
Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson,                                                                   
Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty,                                                                         
McKay, Merrick, Ortiz, Patkotak, Prax, Rasmussen, Rauscher,                                                                     
Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson,                                                                
Tilton, Vance, Wool                                                                                                             
                                                                                                                                
Excused:  Nelson, Tuck, Zulkosky                                                                                                
                                                                                                                                
And so, CSHB 81(RES) am passed the House and was referred to the                                                                
Chief Clerk for engrossment.