Legislature(2021 - 2022)BARNES 124

01/26/2022 01:00 PM House RESOURCES

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Audio Topic
01:34:18 PM Start
01:34:50 PM HB135
01:44:49 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:30 P.M. --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 135 GEOTHERMAL RESOURCES TELECONFERENCED
Moved CSHB 135(RES) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                        January 26, 2022                                                                                        
                           1:34 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Josiah Patkotak, Chair                                                                                           
Representative Grier Hopkins, Vice Chair                                                                                        
Representative Zack Fields                                                                                                      
Representative Calvin Schrage                                                                                                   
Representative Sara Hannan                                                                                                      
Representative George Rauscher                                                                                                  
Representative Mike Cronk                                                                                                       
Representative Ronald Gillham                                                                                                   
Representative Tom McKay                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 135                                                                                                              
"An Act relating to geothermal resources; relating to the                                                                       
definition of 'geothermal resources'; and providing for an                                                                      
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 135(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 135                                                                                                                  
SHORT TITLE: GEOTHERMAL RESOURCES                                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/10/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/10/21       (H)       RES, FIN                                                                                               
04/22/21       (H)       RES WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23(A) UC                                                                                               
04/23/21       (H)       RES AT 10:30 AM BARNES 124                                                                             
04/23/21       (H)       Heard & Held                                                                                           
04/23/21       (H)       MINUTE(RES)                                                                                            
04/23/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/23/21       (H)       -- MEETING CANCELED --                                                                                 
04/26/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/26/21       (H)       Heard & Held                                                                                           
04/26/21       (H)       MINUTE(RES)                                                                                            
04/30/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/30/21       (H)       Heard & Held                                                                                           
04/30/21       (H)       MINUTE(RES)                                                                                            
01/21/22       (H)       RES AT 1:00 PM BARNES 124                                                                              

01/21/22 (H) Heard & Held

01/21/22 (H) MINUTE(RES)

01/24/22 (H) RES AT 1:00 PM BARNES 124

01/24/22 (H) Heard & Held

01/24/22 (H) MINUTE(RES)

01/26/22 (H) RES AT 1:00 PM BARNES 124 WITNESS REGISTER HALEY PAINE, Deputy Director Central Office Division of Oil and Gas (DO&G) Department of Natural Resources (DNR) Anchorage, Alaska POSITION STATEMENT: During the hearing on HB 135, spoke to a proposed amendment on behalf of the administration. ACTION NARRATIVE 1:34:18 PM CHAIR JOSIAH PATKOTAK called the House Resources Standing Committee meeting to order at 1:34 p.m. Representatives Schrage, Gillham, Hannan, Hopkins, Cronk, Fields, McKay, and Patkotak were present at the call to order. Representative Rauscher arrived as the meeting was in progress. 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. The committee took an at-ease from 1:40 p.m. to 1:43 p.m. 1:44:49 PM ADJOURNMENT There being no further business before the committee, the House Resources Standing Committee meeting was adjourned at 1:45 p.m.

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