Legislature(1995 - 1996)

01/25/1996 11:30 AM House O&G

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE SPECIAL COMMITTEE ON OIL AND GAS                            
                        January 25, 1996                                       
                           11:30 a.m.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Chair                                         
 Representative Scott Ogan, Vice Chair                                         
 Representative Gary Davis                                                     
 Representative Tom Brice                                                      
 Representative David Finkelstein                                              
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Bettye Davis                                                   
 Representative Bill Williams                                                  
                                                                               
 OTHER MEMBERS PRESENT                                                         
                                                                               
 Representative Joe Green                                                      
 Representative Gene Therriault                                                
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 * EO 92 Consolidation of the Division of Oil and Gas with Division            
 of Geological and Geophysical Surveys                                         
                                                                               
      - DISAPPROVED AND MOVED OUT OF COMMITTEE                                 
                                                                               
 (* First public hearing)                                                      
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 NICO BUS, Acting Director                                                     
 Division of Support Services                                                  
 Department of Natural Resources                                               
 400 Willoughby Avenue                                                         
 Juneau, Alaska  99801-1724                                                    
 Telephone:  (907) 465-2406                                                    
 POSITION STATEMENT:  Supported EO 92                                          
                                                                               
 KENNETH A. BOYD, Director                                                     
 Division of Oil and Gas                                                       
 Department of Natural Resources                                               
 3601 C Street, Suite 1380                                                     
 Anchorage, Alaska  99503-5948                                                 
 Telephone:  (907) 762-2547                                                    
 POSITION STATEMENT:  Supported EO 92                                          
                                                                               
 MILT WITSE, Acting Director                                                   
 Division of Geological and Geophysical Surveys                                
 Department of Natural Resources                                               
 794 University Avenue, Suite 200                                              
 Fairbanks, Alaska  99707-3645                                                 
 Telephone:  (907) 451-5000                                                    
 POSITION STATEMENT:  Supported EO 92                                          
                                                                               
 REPRESENTATIVE JOHN DAVIES                                                    
 Alaska State Legislature                                                      
 State Capitol, Room 422                                                       
 Juneau, AK  99801                                                             
 Telephone: (907) 465-4457                                                     
 POSITION STATEMENT:  Opposed EO 92                                            
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-3, SIDE A                                                             
 Number 000                                                                    
                                                                               
 The House Oil & Gas Special Committee was called to order by                  
 Chairman Norman Rokeberg at 11:30 a.m.  Members present at the call           
 to order were Representatives Rokeberg, Ogan, and G. Davis.  A                
 quorum was not present.  This meeting was teleconferenced to                  
 Anchorage and Fairbanks.                                                      
                                                                               
 CHAIRMAN NORMAN ROKEBERG announced the agenda as EO 92.                       
                                                                               
 EO 92  CONSOLIDATION OF THE DIVISION OF OIL AND GAS WITH DIVISION            
 OF GEOLOGICAL AND GEOPHYSICAL SURVEYS                                        
                                                                               
 Number 132                                                                    
                                                                               
 NICO BUS, Acting Director, Division of Support Services, Department           
 of Natural Resources (DNR) was first to testify.  He explained the            
 proposed consolidation of the Division of Oil and Gas (DO&G) with             
 the Division of Geological and Geophysical Surveys (DGGS).  He said           
 during the fiscal year 1996 budget deliberations, the funding for             
 the DGGS director was deleted through legislative action at a                 
 savings of $74,000.   During those deliberations, the legislature             
 encouraged DNR to consolidate smaller divisions, such as the                  
 previous consolidation of the Division of Water and the Division of           
 Mining.                                                                       
                                                                               
 Number 232                                                                    
                                                                               
 MR. BUS said Commissioner Shively asked the Geological Mapping                
 Advisory Board to establish a committee and assess the role and the           
 function of the survey, as well as the director and state                     
 geologist.  This finalized report, completed in the fall, included            
 the following recommendations; have the director or state geologist           
 located in Anchorage with a five year term, to have an existing               
 strong geological survey which explored natural resources and                 
 geological hazards, and pursue and develop partnerships with those            
 organizations that have similar goals.  Other recommendations from            
 this report include strong and adequate funding.  Due to the budget           
 deliberation process, it did not appear that this would be the                
 case.                                                                         
                                                                               
 Number 332                                                                    
                                                                               
 MR. BUS said the commissioner was looking at two objectives                   
 including how to live within the fiscal constraints of the budget             
 reality and yet meet the recommendations of the committee.  To do             
 this, DNR proposed the consolidation of DO&G with DGGS.  Under EO             
 92, DO&G and DGGS would keep their own and distinct funding and               
 operations under the funding discretion of the legislature.  EO 92            
 was done to keep a field presence without changing staffing between           
 the Fairbanks and Anchorage location.  The acting director of the             
 geological survey will be the operational manager for the survey              
 but under EO 92, he/she will report to the director of DO&G.                  
                                                                               
 MR. BUS said that under EO 92, the savings will amount to $50,000             
 because of combining administrative staff.  Currently the DO&G has            
 a budget of $4.2 million and employs 50 staff while the DGGS has a            
 budget of $2.5 million and employs 25 staff.  EO 92 would maintain            
 the integrity of the operations and yet obtain operational                    
 efficiencies by increasing communication and cooperation between              
 the two organizations.                                                        
                                                                               
 Number 550                                                                    
                                                                               
 CHAIRMAN ROKEBERG recognized Representative Finkelstein as being              
 present and announced a quorum was present.  Representative Joe               
 Green and Representative Gene Therriault joined the committee at              
 the table.                                                                    
                                                                               
 Number 600                                                                    
                                                                               
 REPRESENTATIVE GENE THERRIAULT asked and it was confirmed that the            
 $50,000 savings was in the fiscal year 1997 budget.  He then noted            
 that in the fiscal year 1996 budget there was already a savings of            
 $74,000 for the executive director's salary.  He asked if EO 92 was           
 overturned, there would be a loss of $50,000 plus the need to                 
 replace the money that was cut last year.                                     
                                                                               
 MR. BUS said currently there is not funding for the executive                 
 director.                                                                     
                                                                               
 Number 643                                                                    
                                                                               
 REPRESENTATIVE DAVID FINKELSTEIN asked for details on the positions           
 that would be eliminated.                                                     
                                                                               
 Number 657                                                                    
                                                                               
 MR. BUS said they would include administrative people, geological             
 or field personnel would not be cut under EO 92.                              
                                                                               
 Number 690                                                                    
                                                                               
 REPRESENTATIVE THERRIAULT asked if consolidation with the Division            
 of Mining was addressed.                                                      
                                                                               
 Number 710                                                                    
 MR. BUS said that a consolidation of the DGGS and the Division of             
 Mining was looked at in fiscal year 1986 and it was felt that it              
 was important to keep them separate and intact.  The Division of              
 Mining and the Division of Water Management have since been                   
 combined.                                                                     
                                                                               
 Number 768                                                                    
                                                                               
 CHAIRMAN ROKEBERG announced that Representative Brice had joined              
 the committee meeting.                                                        
                                                                               
 Number 780                                                                    
                                                                               
 REPRESENTATIVE GARY DAVIS asked if there was a current position               
 titled Deputy Director of DGGS.                                               
                                                                               
 MR. BUS said yes, that presently the position functioning as Deputy           
 Director is a Geologist, Level 6 position.                                    
                                                                               
 Number 820                                                                    
                                                                               
 KENNETH A. BOYD, Director, Division of Oil and Gas, Department of             
 Natural Resources was next to testify.  He said the state of Alaska           
 is enjoying a resurgence in mineral exploration which is fueled by            
 DGGS.  The Division of Mining and Water Management does a good job            
 with existing mines, but DGGS assists with the development of new             
 mines and it is an important function.  He then mentioned other               
 functions that DGGS has shared with DO&G such as coal and methane             
 exploration, geological fieldwork on the North Slope, and project,            
 "teamwork" done west of NPRA.  He hoped that DGGS can work with               
 DO&G, while DGGS maintains it's vital roles in volcanology,                   
 earthquake prediction, and mineral exploration.                               
                                                                               
 Number 912                                                                    
                                                                               
 MILT WITSE, Acting Director, Division of Geological and Geophysical           
 Surveys, Department of Natural Resources testified next.  He said             
 DGGS had no objections to this consolidation and have experienced             
 good relations with DO&G.  He discussed declines in staffing and in           
 the budget within DGGS, such as the move of DGGS geologists, who              
 preformed lease evaluation to DO&G in the 1980s.  He praised Ken              
 Boyd, who would be the director of what would essentially be an               
 expanded geologic survey.  He emphasized the importance of                    
 preserving a critical mass of scientists to carry out this work in            
 lieu of the downsizing of the state budget.  He expressed concern             
 over the loss of technical support in Fairbanks.  He concluded that           
 DGGS and DO&G support this consolidation.                                     
                                                                               
 Number 1049                                                                   
                                                                               
 REPRESENTATIVE THERRIAULT asked whether the technical support he              
 referred to meant combining employees of DGGS and DO&G employees              
 who do oil basin analysis.                                                    
                                                                               
 Number 1065                                                                   
                                                                               
 MR. WITSE said DGGS staff, despite having areas of specialty, work            
 across a range of geologic investigation.  He said the proposed               
 consolidation will increase coordination in both directions.  DO&G            
 will work with DGGS on strategic field programs and DGGS will work            
 with DO&G on lease evaluation.  The coal and methane production               
 program, which has already begun, will enjoy increased support in             
 addition to a overall increase of geographic and geophysic                    
 expertise and which will aid the interpretation of geophysical                
 surveys.                                                                      
                                                                               
 Number 1162                                                                   
                                                                               
 REPRESENTATIVE THERRIAULT asked if there was concern over DGGS's              
 function in the hard rock mineral community will be eclipsed by oil           
 and gas.                                                                      
                                                                               
 Number 1175                                                                   
                                                                               
 MR. WITSE said it is not a concern, because of Ken Boyd's instincts           
 and support in the mineral side of DGGS.  Mr. Boyd will oversee               
 DGGS if EO 92 is passed.  He said EO 92 includes the Alaska statute           
 48.01 which details the mandate and the mission of the geological             
 survey. This statute would prevent oil and gas issues from                    
 overshadowing the other roles of DGGS.                                        
                                                                               
 Number 1242                                                                   
                                                                               
 REPRESENTATIVE JOE GREEN stated the requests by DO&G for increased            
 funding especially in oil and gas pre-sale analysis.  He said oil             
 companies tend to do much more individual research whereas mining             
 companies rely more heavily on DGGS.  He expressed concern over the           
 sublimation of DGGS under DO&G especially if they were to delegate            
 oil and gas exploration duties rather than in mining exploration.             
 He stressed the importance of diversification of resources within             
 the state.  He asked if the reason for not combining DGGS with                
 Division of Mining and Water Management was because DGGS would be             
 focused more on mining and why it was felt that this would not                
 occur with DO&G.  He further asked if separate budgets and duties             
 mandated by EO 92 could be done for the consolidation of DGGS with            
 DO&G, why couldn't it be incorporated for a merger between DGGS and           
 Division of Mining and Water Management.                                      
                                                                               
 Number 1386                                                                   
                                                                               
 MR. WITSE said EO 92 specifies that the director of this                      
 consolidation must have experience and education in geology which             
 Mr. Boyd has, but that the director of Division of Mining and Water           
 Management does not have.  The Division of Mining and Water                   
 Management director has an undergraduate degree in geology but is             
 not a practicing geologist.  He added that when the consolidation             
 of DGGS with Division of Mining and Water Management was attempted,           
 several positions from Fairbanks were moved to Anchorage.  It was             
 felt at the time that a consolidation between the Division of                 
 Mining and DGGS would lead to the dissipation of DGGS.  He                    
 mentioned why a consolidation with DO&G was looked at now, that the           
 reasons included current joint projects between DO&G and DGGS and             
 the current loss of funding.  Mr. Witse said the Geologic Mapping             
 Board, which acts as a board of directors for the DGGS, would                 
 prevent any drift in the integrity and purpose of DGGS.                       
                                                                               
 Number 1495                                                                   
                                                                               
 MR. WITSE said it is important to maintain or increase the                    
 strategic mineral activities of the state, but added that the                 
 greater potential revenue impact will probably be from coordinating           
 and consolidating the strategic oil activities of DGGS with the oil           
 expertise and lease evaluation group in DO&G.  DGGS staff who                 
 currently work on those issues would continue to do so, whether or            
 not EO 92 is passed, but work on those issues would be more                   
 efficient under a consolidation.  He mentioned that two major oil             
 companies, as well as one minor oil company, have contributed to              
 support the field work, so oil companies will be looking to DGGS              
 for information.  He concluded that the consolidation listed in EO            
 92 is the right one at this time.                                             
 Number 1642                                                                   
                                                                               
 REPRESENTATIVE GREEN asked whether the state geologist position is            
 not so technical as it is administrative.  He said the combination            
 of expertise within DGGS as well as the Geological Mapping Board              
 would continue to oversee the direction of DGGS.  He said he                  
 wondered whether the EO 92 consolidation was in the right                     
 direction.                                                                    
                                                                               
 Number 1697                                                                   
                                                                               
 MR. WITSE disagreed with the statement that the state geologist               
 position is just an administrative position.  He said,                        
 historically, the director of DGGS has had a major role in the                
 developing the strategic direction of the survey.  The position               
 incorporates that of a mentor, a technical advisor, and long term             
 strategist in terms of geological hazards, in oil and in minerals.            
 He said he felt the state would not be well served from the current           
 balanced approach if the position were to become an administrative            
 one.                                                                          
                                                                               
 Number 1830                                                                   
                                                                               
 MR. WITSE said the role of DGGS has been a strategic information              
 gathering and consolidation in all aspects of geology not just oil            
 and minerals, but hazard information as well.  The DO&G had a role            
 of management of that one resource.                                           
                                                                               
 Number 1858                                                                   
                                                                               
 REPRESENTATIVE GREEN mentioned that from his direct experience he             
 found the position of the state geologists to be more of an                   
 administrative position.  He added that the Executive Branch has              
 submitted a person for the Oil and Gas Conservation Commission                
 who is not qualified in the areas of academics or experience, but             
 because the position is viewed as a administrative one where he can           
 rely on staff expertise, he was deemed qualified.                             
                                                                               
 Representative Green leaves the committee meeting.                            
                                                                               
 Number 1929                                                                   
                                                                               
 MR. WITSE said avoidance of this type of hiring was one of the                
 reasons why the establishment of the function of DGGS was codified            
 in the statute.                                                               
                                                                               
 Number 1947                                                                   
                                                                               
 REPRESENTATIVE JOHN DAVIES stated for the record that he had been             
 an employee of DGGS.  He stated respect for Commissioner Shively,             
 Milt Witse, and Ken Boyd.  He stated his concern that EO 92 is                
 driven by budget considerations rather than what is best for the              
 state of Alaska.  He said it is an attempt to make the best of a              
 bad situation and that the legislature should address the bad                 
 situation rather than put band-aids on it.  He questioned whether             
 the role of the state geologists would be diluted if the duty of              
 lease management was added to that role.                                      
                                                                               
 Number 2061                                                                   
                                                                               
 REPRESENTATIVE DAVIES reiterated, in an approving way, Mr. Witse's            
 definition of the role of the state geologist.  He added the                  
 research aspect of DGGS and how effective it has been especially in           
 aero-magnetic surveying.  He said he did not feel that the mission            
 of DO&G fits into that research role.  The importance of                      
 maintaining DGGS independence and it's role was stressed and he               
 questioned how the state perceived the importance of DGGS's role in           
 future development.  He added that geologic work done in the early            
 1900s is just now bearing fruit because this type of work can have            
 lead times of decades.  He said the support for state salaries has            
 gone beyond the critical point and has lead to the development of             
 EO 92.  He mentioned the reduction of administrative staff, in a              
 program that has already been squeezed, will force geologists to do           
 administrative work rather than mapping.  Administrative losses               
 will have an effect on productivity.                                          
                                                                               
 Number 2212                                                                   
                                                                               
 REPRESENTATIVE DAVIS concluded that it is important to have a state           
 geologist, who will provide the strategic leadership, developing              
 linkages and joint efforts with the private sector, other states              
 and with the federal agencies.  There has been a long history of              
 cooperation which is a result of background work.  He questioned              
 whether the state geologist position can maintain these functions             
 as well as manage the lease program.                                          
                                                                               
 Number 2261                                                                   
                                                                               
 REPRESENTATIVE FINKELSTEIN said he found this issue difficult                 
 because he shared Representative Davies concerns and yet he found             
 it hard to be negative about a cost cutting measure especially in             
 a proposal in which all the concerned parties agreed.                         
                                                                               
 Number 2295                                                                   
                                                                               
 CHAIRMAN ROKEBERG validated his concerns, but added this committee            
 needed to meet their constitutional mandate and move this                     
 resolution along and to do so, it needed to be a resolution in the            
 negative.                                                                     
                                                                               
 REPRESENTATIVE SCOTT OGAN made a motion to disapprove EO 92 and               
 move it out of committee.                                                     
                                                                               
 CHAIRMAN ROKEBERG explained procedure at Representative                       
 Finkelstein's request.  He said that a standing committee or a                
 joint committee need to approve it.  He added that because it was             
 the Speaker of the House's referral, he wants to move it along as             
 it serves no purpose by staying in the committee.                             
                                                                               
 Number 2400                                                                   
                                                                               
 REPRESENTATIVE THERRIAULT, when asked, gave his opinion that he               
 disagreed with the fiscal note because it lacked money to fund the            
 position.  He said he disagreed with the position Representative              
 Davies presented which was that the problem was an issue of state             
 funding.  He said in the discussion of how to pay for state                   
 government in the long haul, the long-range financial planning                
 commission proposed cuts of $100 million.  The Governor is                    
 proposing cuts of $35 million and attempting to preserve the                  
 services that we want out of state government.                                
                                                                               
 96-3, SIDE B                                                                  
 Number 000                                                                    
                                                                               
 REPRESENTATIVE THERRIAULT said EO 92 is an attempt to do this in a            
 good faith effort.                                                            
                                                                               
 Number 014                                                                    
                                                                               
 CHAIRMAN ROKEBERG asked about the feasibility of nominating the               
 position currently held by Mr. Witse as state geologist.                      
                                                                               
 Number 032                                                                    
                                                                               
 REPRESENTATIVE THERRIAULT said it would be possible, but with the             
 reduction of the budget it would be a question of pressing down on            
 staff rather than a structural change.                                        
                                                                               
 Number 045                                                                    
                                                                               
 Hearing no objections, a motion was passed in the House Special               
 Committee on Oil and Gas disapproving EO 92 and passing it out of             
 committee.                                                                    
                                                                               
 CHAIRMAN ROKEBERG stated that due to objections, HB 381 will not be           
 waved out of committee.                                                       
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to come before the House Oil & Gas            
 Special Committee, Chairman Rokeberg adjourned the meeting at 12:21           
 p.m.                                                                          
                                                                               

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