Legislature(2005 - 2006)CAPITOL 124

02/14/2006 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 398 STATE MINERAL RESOURCE REV./MUNICIPAL AID TELECONFERENCED
Moved CSHB 398(CRA) Out of Committee
= HB 392 SOLID WASTE MANAGEMENT AUTHORITIES
Moved CSHB 392(CRA) Out of Committee
HB 398-STATE MINERAL RESOURCE REV./MUNICIPAL AID                                                                              
                                                                                                                                
8:17:11 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS announced that the  final order of business would                                                               
be  HOUSE  BILL NO.  398,  "An  Act  relating to  disposition  of                                                               
revenue  from  certain  charges  collected  on  valuable  mineral                                                               
deposits on land  belonging to the state and  subject to location                                                               
or  lease  for the  extraction  of  natural resources  under  the                                                               
Alaska  Land Act,  and to  aid  to municipalities  to offset  the                                                               
anticipated   effect   of   lessees'  exploration   or   location                                                               
activities  on  land  made  subject  to  extraction  of  valuable                                                               
mineral deposits; and providing for an effective date."                                                                         
                                                                                                                                
8:17:28 AM                                                                                                                    
                                                                                                                                
ADAM  BERG,  Staff to  Representative  Carl  Moses, Alaska  State                                                               
Legislature,  explained  that  HB   398  would  provide  aide  to                                                               
municipalities  incurring   expenses  directly   associated  with                                                               
resource development.   The intent is to provide  relief to areas                                                               
that  have had  little  or no  resource  extraction within  their                                                               
municipal  boundaries,   he  said.    The   legislation  proposes                                                               
capturing 10  percent of existing  land application  filing fees,                                                               
licenses, license fees, and other  monies received excluding oil,                                                               
gas,   mining,  coal,   and  other   resource  royalties.     The                                                               
legislation was  introduced because municipalities  are incurring                                                               
expenses due  to new development,  although the existing  fees go                                                               
to  the state.    Furthermore,  there is  no  longer a  municipal                                                               
revenue sharing  program and  thus nothing  is being  returned to                                                               
municipalities, which  deserve to at least  recoup their expenses                                                               
for resource development.                                                                                                       
                                                                                                                                
8:18:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  moved that the committee  adopt Conceptual                                                               
Amendment 1, as follows:                                                                                                        
                                                                                                                                
     Page 2, line 21:                                                                                                           
     Delete "are remote"                                                                                                        
                                                                                                                                
8:19:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  inquired as  to whether that  would impact                                                               
the fiscal note.                                                                                                                
                                                                                                                                
REPRESENTATIVE NEUMAN said that he didn't know.                                                                                 
                                                                                                                                
[Conceptual Amendment 1 was treated as adopted.]                                                                                
                                                                                                                                
8:20:50 AM                                                                                                                    
                                                                                                                                
MR. BERG pointed out that  the committee packet should include an                                                               
amendment  that  was  requested  by  the  Department  of  Natural                                                               
Resources  (DNR).   He explained  that the  money being  captured                                                               
from  the 10  percent was  originally capturing  money from  more                                                               
resource areas than  intended.  He related that  the sponsor does                                                               
support the amendment.                                                                                                          
                                                                                                                                
8:21:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT moved  that the  committee adopt  [Amendment                                                               
2], labeled 24-LS1421\Y.1, Chenoweth, 2/13/06, which read:                                                                      
                                                                                                                                
     Page 3, line 23, following "activities":                                                                                   
          Insert "and activities involving discovery and                                                                        
     the right to prospect for and develop minerals".                                                                           
                                                                                                                                
     Page 3, line 24:                                                                                                           
          Delete      "that       are      described      in                                                                    
     AS 38.05.035(a)(10)"                                                                                                       
          Insert "under this chapter that are identified in                                                                     
     AS 37.05.535(b)"                                                                                                           
                                                                                                                                
There being no objection, [Amendment 2] was adopted.                                                                            
                                                                                                                                
8:21:49 AM                                                                                                                    
                                                                                                                                
KEVIN  RITCHIE,  Executive   Director,  Alaska  Municipal  League                                                               
(AML),  informed the  committee  that AML  strongly supports  the                                                               
concept of  the legislation.   "The concept  of making  sure that                                                               
municipalities have the resources to  serve the public as well as                                                               
possible is very  important," he opined.  He  further opined that                                                               
there are many costs associated  with exploration and the initial                                                               
startup of any business.                                                                                                        
                                                                                                                                
8:22:31 AM                                                                                                                    
                                                                                                                                
BOB  JUETTNER,  Administrator,  Aleutians East  Borough,  related                                                               
that the Aleutians East Borough  requested the introduction of HB
398 based upon  its experience with the Alaska  Peninsula oil and                                                               
gas  leasing sale  of  October  2005.   Upon  opening the  Alaska                                                               
Peninsula, the  borough discovered  that there are  many expenses                                                               
before  and  after  the  sale  and  before  the  exploration  and                                                               
development phase.  In developing  HB 398, Mr. Juettner explained                                                               
that the intent was to target  those areas new to exploration and                                                               
where  the governments  didn't have  experience  nor the  revenue                                                               
necessary for such development.  The  intent was also to make the                                                               
legislation   temporary  because   the  Aleutians   East  Borough                                                               
believes that  at some point  municipalities have  the obligation                                                               
to convert  development into  a revenue  stream.   Therefore, the                                                               
legislation specifies  that providing [the funds]  for five years                                                               
would  provide the  governments  the opportunity  to develop  tax                                                               
streams  while   allowing  the  government   a  fair   amount  of                                                               
independence from  the developer.   Mr. Juettner stated  that the                                                               
Aleutians East  Borough is  in support  of development  and wants                                                               
the benefits of that to accrue to  the state as well as the local                                                               
residents in the area of development.                                                                                           
                                                                                                                                
8:26:00 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS, upon determining no  one else wished to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
8:26:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA inquired  as to  how sensitive  the fiscal                                                               
note is to the amendments.                                                                                                      
                                                                                                                                
8:26:38 AM                                                                                                                    
                                                                                                                                
DICK  MYLIUS,  Acting  Director,  Division of  Land,  Mining  and                                                               
Water,  Department  of  Natural   Resources,  answered  that  the                                                               
amendments  wouldn't change  DNR's  zero fiscal  note, which  was                                                               
mainly provided to illustrate the  revenue that would be provided                                                               
by this legislation.  He  related that the revenues [DNR receives                                                               
as fees,  charges, and miscellaneous receipts  from the location,                                                               
license,  or lease  activities  on state  land]  amounts to  $2.8                                                               
million and  thus the  10 percent  required under  HB 398  [to be                                                               
deposited into  a newly created  mineral receipts  account] would                                                               
be $280,000 not to mention the  oil and gas money that would also                                                               
be included.                                                                                                                    
                                                                                                                                
8:27:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN moved to report  HB 398, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  398(CRA)  was                                                               
reported from  the House Community and  Regional Affairs Standing                                                               
Committee.                                                                                                                      

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