CSSB 316(JUD): "An Act amending provisions of the Alaska Stranded Gas Development Act relating to establishing when records and files relevant to development of a contract for payments in lieu of taxes and for the other purposes described in that Act become public records, to the content of the preliminary and final findings and determinations that apply to a proposed contract negotiated under that Act, to legislative review of, and authorization to execute, a proposed contract negotiated under that Act, to vesting of rights under a contract negotiated under that Act, and to judicial review of the final findings and recommendation that support a proposed contract, of its authorization, and of its enforceability; extending to at least 60 days the period during which the public and members of the legislature may comment on a proposed contract under that Act; and providing for an effective date."
00 CS FOR SENATE BILL NO. 316(JUD) 01 "An Act amending provisions of the Alaska Stranded Gas Development Act relating to 02 establishing when records and files relevant to development of a contract for payments 03 in lieu of taxes and for the other purposes described in that Act become public records, 04 to the content of the preliminary and final findings and determinations that apply to a 05 proposed contract negotiated under that Act, to legislative review of, and authorization 06 to execute, a proposed contract negotiated under that Act, to vesting of rights under a 07 contract negotiated under that Act, and to judicial review of the final findings and 08 recommendation that support a proposed contract, of its authorization, and of its 09 enforceability; extending to at least 60 days the period during which the public and 10 members of the legislature may comment on a proposed contract under that Act; and 11 providing for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 43.82.310(f) is amended to read: 02 (f) If the commissioner of revenue chooses to develop a contract under 03 AS 43.82.020, the portions of the records and files of the Department of Revenue, the 04 Department of Natural Resources, the Department of Law, and a municipal advisory 05 group established under AS 43.82.510 that reflect, incorporate, or analyze information 06 that is relevant to the development of the position or strategy of the commissioner of 07 revenue, the commissioner of natural resources, or the attorney general with respect to 08 a particular provision that may be incorporated into the contract are [NOT] public 09 records after [UNTIL] the commissioner of revenue gives public notice under 10 AS 43.82.410 of the commissioner's preliminary findings and determination under 11 AS 43.82.400. Nothing in this subsection 12 (1) makes a record or file of the Department of Revenue, the 13 Department of Natural Resources, or the Department of Law a public record that 14 otherwise would not be a public record under AS 40.25.100 - 40.25.220; 15 (2) affects the confidentiality provisions of (a) - (e) of this section; or 16 (3) abridges a privilege recognized under the laws of this state, 17 whether at common law or by statute or by court rule. 18 * Sec. 2. AS 43.82.400(a) is amended to read: 19 (a) If the commissioner develops a proposed contract under AS 43.82.200 - 20 43.82.270, the commissioner shall 21 (1) make preliminary findings and a determination that the proposed 22 contract terms are in the long-term fiscal interests of the state and whether the 23 contract meets the requirements and [FURTHER THE] purposes of this chapter; 24 and 25 (2) prepare a proposed contract that includes those terms and shall 26 submit the contract to the governor. 27 * Sec. 3. AS 43.82.410 is amended to read: 28 Sec. 43.82.410. Notice and comment regarding the contract. The 29 commissioner shall 30 (1) give reasonable public notice of the preliminary findings and 31 determination made under AS 43.82.400;
01 (2) make copies of the proposed contract, the commissioner's 02 preliminary findings and determination, and, to the extent the information is not 03 required to be kept confidential under AS 43.82.310, the supporting financial, 04 technical, and market data, including the work papers, analyses, and recommendations 05 of any independent contractors used under AS 43.82.240 available to the public and to 06 (A) the presiding officer of each house of the legislature; 07 (B) the chairs of the finance and resources committees of the 08 legislature; and 09 (C) the chairs of the special committees on oil and gas, if any, 10 of the legislature; 11 (3) offer to appear before the Legislative Budget and Audit Committee 12 to provide the committee a review of the commissioner's preliminary findings and 13 determination, the proposed contract, and the supporting financial, technical, and 14 market data; if the Legislative Budget and Audit Committee accepts the 15 commissioner's offer, the committee shall give notice of the committee's meeting to 16 the public and all members of the legislature; if the financial, technical, and market 17 data that is to be provided must be kept confidential under AS 43.82.310, the 18 commissioner may not release the confidential information during a public portion of 19 a committee meeting; and 20 (4) establish a period of at least 60 [30] days for the public and 21 members of the legislature to comment on the proposed contract and the preliminary 22 findings and determination made under AS 43.82.400. 23 * Sec. 4. AS 43.82.430(a) is amended to read: 24 (a) Within 30 days after the close of the public comment period under 25 AS 43.82.410(4), the commissioner of revenue shall 26 (1) prepare a summary of the public comments received in response to 27 the proposed contract and the preliminary findings and determination; 28 (2) after consultation with the commissioner of natural resources, if 29 appropriate, and with the pertinent municipal advisory group established under 30 AS 43.82.510, prepare a list of proposed amendments, if any, to the proposed contract 31 that the commissioner of revenue determines are necessary to respond to public
01 comments; 02 (3) make final findings and a determination as to whether the proposed 03 contract and any proposed amendments prepared under (2) of this subsection meet the 04 requirements and purposes of this chapter and findings and determination that the 05 proposed contract is in the long-term fiscal interests of the state. 06 * Sec. 5. AS 43.82.430(b) is amended to read: 07 (b) After considering the material described in (a) of this section and securing 08 the agreement of the other parties to the proposed contract regarding any proposed 09 amendments prepared under (a) of this section, and after [IF] the commissioner 10 determines that the contract is in the long-term fiscal interests of the state, the 11 commissioner shall submit the contract to the governor. 12 * Sec. 6. AS 43.82.435 is repealed and reenacted to read: 13 Sec. 43.82.435. Legislative authorization. (a) The governor may transmit a 14 contract developed under this chapter to the legislature together with a request for 15 authorization to execute the contract. 16 (b) Concurrent with transmittal of the contract and request for authorization 17 under (a) of this section, the governor shall 18 (1) submit to the legislature the commissioner's final findings and 19 determination and the financial, technical, and market data, including the work papers, 20 analyses, and recommendations of any independent contractors used under 21 AS 43.82.240, that were considered by the commissioner to make the findings and 22 determination; and 23 (2) make available to the public copies of the proposed contract and, to 24 the extent a record or information is not required to be kept confidential under 25 AS 43.82.310, the material described in (1) of this subsection. 26 (c) After considering the material described in (b)(1) of this section and other 27 information that the legislature considers relevant that it has requested from the 28 governor and state agencies and received, the legislature may, by law, authorize the 29 state to execute the contract transmitted by the governor. 30 (d) A contract developed under this chapter is not binding on or enforceable 31 against the state or other parties to the contract unless the governor is authorized to
01 execute the contract by law. 02 (e) The state and the other parties to the contract may execute the contract 03 within 60 days after the effective date of the law authorizing the contract. 04 * Sec. 7. AS 43.82.440 is amended to read: 05 Sec. 43.82.440. Judicial review; delayed vesting of rights in contracts. 06 Notwithstanding any other provision of law, a [A] person may not bring an action 07 challenging a final agency decision of the commissioner of revenue made under 08 AS 43.82.430(c), the constitutionality of a law authorizing a contract enacted under 09 AS 43.82.435, or the enforceability of a contract executed under a law authorizing a 10 contract enacted under this chapter until that contract has been executed and 11 [AS 43.82.435] unless the action is commenced within 120 days after the date that the 12 contract was executed by the state and the other parties to the contract. 13 * Sec. 8. AS 43.82.440 is amended by adding a new subsection to read: 14 (b) Rights under a contract entered into under this chapter may not vest until 15 the day after the deadline to bring an action under (a) of this section. 16 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).