Legislature(2021 - 2022)BARNES 124
01/26/2022 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB135 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 135 | TELECONFERENCED | |
HB 135-GEOTHERMAL RESOURCES
1:34:50 PM
CHAIR PATKOTAK announced that the only order of business would
be House Bill 135, ""An Act relating to geothermal resources;
relating to the definition of 'geothermal resources'; and
providing for an effective date."
1:35:14 PM
REPRESENTATIVE HOPKINS moved to adopt Amendment 1, labeled 32-
GH1618\A.1, Bullard, 1/24/22, which read:
Page 3, following line 31:
Insert new bill sections to read:
"* Sec. 7. AS 38.05.945(a) is amended to read:
(a) This section establishes the requirements
for notice given by the department for the following
actions:
(1) classification or reclassification of
state land under AS 38.05.300 and the closing of land
to mineral leasing or entry under AS 38.05.185;
(2) zoning of land under applicable law;
(3) issuance of a
(A) preliminary written finding under
AS 38.05.035(e)(5)(A) regarding the sale, lease, or
disposal of an interest in state land or resources for
oil and gas, or for gas only, subject to
AS 38.05.180(b);
(B) written finding for the sale, lease, or
disposal of an interest in state land or resources
under AS 38.05.035(e)(6), except a lease sale
described in AS 38.05.035(e)(6)(F) for which the
director must provide opportunity for public comment
under the provisions of that subparagraph;
(C) prospecting license under AS 38.05.181,
including the renewal of a prospecting license under
AS 38.05.181(c);
(4) a competitive disposal of an interest
in state land or resources after final decision under
AS 38.05.035(e);
(5) a preliminary finding under
AS 38.05.035(e) concerning sites for aquatic farms and
related hatcheries;
(6) a decision under AS 38.05.132 -
38.05.134 regarding the sale, lease, or disposal of an
interest in state land or resources;
(7) an exchange of state land under
AS 38.50.
* Sec. 8. AS 38.05.945(e) is amended to read:
(e) Except as provided under (a)(3)(C) of this
section, notice [NOTICE] is not required under this
section for a permit or other authorization revocable
by the department."
Renumber the following bill sections accordingly.
Page 5, lines 5 - 6:
Delete "secs. 1 - 12"
Insert "secs. 1 - 14"
Page 5, line 17:
Delete "Section 14"
Insert "Section 16"
Page 5, line 18:
Delete "sec. 15"
Insert "sec. 17"
CHAIR PATKOTAK objected for the purpose of considering an
amendment to Amendment 1 suggested to the committee by the
Department of Natural Resources (DNR).
REPRESENTATIVE HOPKINS moved to adopt Conceptual Amendment 1 to
Amendment 1 [which would on page 1, line 17, delete "prospecting
license" and insert "prospecting permit, license, or lease"].
There being no objection, Conceptual Amendment 1 to Amendment 1
was adopted.
1:36:07 PM
REPRESENTATIVE HOPKINS explained that Amendment 1, as amended,
would allow for greater input by impacted stakeholders and
property owners in and around an area being explored for
geothermal potential. As currently written, the bill would only
require notice to stakeholders and impacted properties when the
project is moved forward from exploration to a commercial
operation. The amendment would provide that notice be given to
impacted stakeholders and property [owners] when an exploration
license is given as well, not just when it moves forward; thus,
it would be a two-step notification process. Representative
Hopkins noted that the language from DNR is in the committee
packet and that DNR requested the term "prospecting license" be
replaced with "prospecting permit, license, or lease" because
"prospecting license" is not found anywhere in DNR's
regulations. He further related that in its email, DNR states
that the codification in Amendment 1 of those notice
requirements in Alaska statute would further sanction and assure
the public's access to the same.
CHAIR PATKOTAK invited the department to comment on Amendment 1.
1:38:06 PM
HALEY PAINE, Deputy Director, Central Office, Division of Oil
and Gas (DO&G), Department of Natural Resources (DNR), on behalf
of the administration, stated that DNR does not have any
objection to the amendment as proposed. She clarified that
under current regulation for geothermal DNR does require at the
disposal phase a preliminary best interest finding (BIF). This
means that already at the preliminary BIF and the final BIF the
department is required by statute to go through the disposal
public notice process, so this would just be reinforced. Under
the amendment, DNR would also list it at issuance, so DNR would
then have three different public notice periods prior to a
project. Additionally, there would be a fourth public notice
period should operations be approved.
1:39:28 PM
CHAIR PATKOTAK removed his objection to Amendment 1. There
being no further objection, Amendment 1, as amended, was
adopted.
1:39:37 PM
REPRESENTATIVE HOPKINS moved to report HB 135, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. Without objection, CSHB 135(RES) was
moved out of the House Resources Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 135 Amendment Hopkins A.1 1.26.2022.pdf |
HRES 1/26/2022 1:00:00 PM |
HB 135 |