HB 173: "An Act establishing the Alaska Climate Change Response Commission; relating to the powers and duties of the Alaska Climate Change Response Commission; establishing the climate change response fund; and relating to the surcharge on oil produced in the state."
00 HOUSE BILL NO. 173 01 "An Act establishing the Alaska Climate Change Response Commission; relating to the 02 powers and duties of the Alaska Climate Change Response Commission; establishing the 03 climate change response fund; and relating to the surcharge on oil produced in the 04 state." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 43.55.201(a) is amended to read: 07 (a) Every producer of oil shall pay a surcharge of $.02 [$.01] per barrel of oil 08 produced from each lease or property in the state, less any oil the ownership or right to 09 which is exempt from taxation. 10 * Sec. 2. AS 43.55.211 is amended to read: 11 Sec. 43.55.211. Use of revenue derived from surcharge. The legislature may 12 appropriate 50 percent of the annual estimated balance of the account maintained 13 under AS 37.05.142 for deposits into the general fund of the proceeds of the surcharge 14 levied under AS 43.55.201 to the response account in the oil and hazardous substance
01 release prevention and response fund established by AS 46.08.010 and 50 percent to 02 the climate change response fund established by AS 44.19.666. 03 * Sec. 3. AS 43.55.221(d) is amended to read: 04 (d) If the commissioner of administration reports that the sum reported under 05 (b) of this section equals or exceeds $100,000,000 [$50,000,000], the commissioner of 06 revenue shall suspend imposition and collection of the surcharge levied and collected 07 under AS 43.55.201. Suspension of the imposition and collection of the surcharge 08 begins on the first day of the calendar quarter next following the commissioner's 09 receipt of the commissioner of administration's report under (b) of this section. Before 10 the first day of a suspension authorized by this subsection, the commissioner shall 11 make a reasonable effort to notify all persons who are known to the department to be 12 paying the surcharge under AS 43.55.201 that the surcharge will be suspended. 13 * Sec. 4. AS 43.55.221(e) is amended to read: 14 (e) Except as provided in AS 43.55.231, if the commissioner of administration 15 reports that the sum reported under (b) of this section is less than $100,000,000 16 [$50,000,000], the commissioner of revenue shall require imposition and collection of 17 the surcharge authorized under AS 43.55.201. If the surcharge is not in effect, 18 reimposition of the surcharge begins on the first day of the calendar quarter next 19 following the commissioner's receipt of the commissioner of administration's report 20 under (b) of this section. Before the first day of reimposition of the surcharge 21 authorized by this subsection, the commissioner shall make a reasonable effort to 22 notify all persons who are known to the department to be required to pay the surcharge 23 under AS 43.55.201 that the surcharge will be reimposed. 24 * Sec. 5. AS 44.19 is amended by adding new sections to read: 25 Sec. 44.19.650. Establishment of commission; composition. (a) The Alaska 26 Climate Change Response Commission is established in the Office of the Governor. 27 (b) The commission consists of 15 members as follows: 28 (1) the commissioner of fish and game; 29 (2) the commissioner of environmental conservation; 30 (3) the commissioner of natural resources; 31 (4) the commissioner of commerce, community, and economic
01 development; 02 (5) the commissioner of transportation and public facilities; 03 (6) the director of the division in the Department of Commerce, 04 Community, and Economic Development responsible for community and regional 05 affairs; 06 (7) nine members appointed by the governor who are mayors or 07 members of an assembly or council of a municipality from each of the following 08 general regions: 09 (A) Northwest Alaska, including, generally, the area of the 10 North Slope Borough and the Northwest Arctic Borough; 11 (B) Bering Strait area, including, generally, the area of the 12 Bering Strait regional educational attendance area; 13 (C) Southwest Alaska, including, generally, the area within the 14 Lower Yukon, Lower Kuskokwim, and Southwest regional educational 15 attendance areas and the Lake and Peninsula and Bristol Bay Boroughs; 16 (D) Kodiak-Aleutians area, including the area of the Kodiak 17 Island and Aleutians East Boroughs and the Aleutian, Adak, and Pribilof 18 regional educational attendance areas; 19 (E) Upper Cook Inlet area, including the Municipality of 20 Anchorage and the Matanuska-Susitna Borough; 21 (F) Lower Cook Inlet area, including, generally, the area within 22 the Kenai Peninsula Borough; 23 (G) Prince William Sound area, including, generally, the area 24 east of the Kenai Peninsula Borough to 141 West longitude; 25 (H) northern Southeast Alaska, including the area southeast of 26 141 West longitude and north of 57 North latitude, including the entirety of the 27 City and Borough of Sitka; and 28 (I) southern Southeast Alaska, including that portion of 29 southeastern Alaska not contained within the area described in (H) of this 30 paragraph. 31 (c) Members appointed under (b)(7) of this section
01 (1) serve staggered terms of three years, until reappointed or replaced; 02 (2) serve at the pleasure of the governor; and 03 (3) may be reappointed. 04 (d) The commission shall, by majority vote of the membership, elect co- 05 chairs. One co-chair shall be a member appointed under (b)(7) of this section, and one 06 co-chair shall be a member designated under (b)(1) - (6) of this section. 07 (e) If a member appointed under (b)(7) of this section no longer meets the 08 qualifications prescribed in (b)(7) of this section, or, if a vacancy exists among those 09 members for any reason other than the expiration of a member's term, the governor 10 shall, within 30 days after the occurrence of the vacancy, make an appointment, 11 effective immediately, for the unexpired portion of the term. An appointment by the 12 governor made under this subsection to fill an unexpired term must comply with the 13 requirements of (b)(7) of this section. 14 Sec. 44.19.652. Compensation. Members of the commission serve without 15 compensation but are entitled to per diem and travel expenses authorized for boards 16 and commissions under AS 39.20.180. 17 Sec. 44.19.654. Meetings. Four members appointed under AS 44.19.650(b)(7) 18 and three members designated under AS 44.19.650(b)(1) - (6) constitute a quorum for 19 conducting business and exercising the powers of the commission. The commission 20 shall meet at least quarterly, at the call of the chair, at the request of the majority of the 21 members, or at a regularly scheduled time as determined by a majority of the 22 members. The commission shall keep a record of its proceedings and make these 23 records available for public inspection. 24 Sec. 44.19.656. Alternate members. (a) Each member of the commission 25 shall have a permanent alternate to serve at meetings of the commission as follows: 26 (1) for a member appointed under AS 44.19.650(b)(7), the governor 27 shall appoint a permanent alternate who, at the time of appointment and throughout 28 the period of service as a permanent alternate, is the mayor or a member of the 29 assembly or council of a municipality within the region from which the permanent 30 member was appointed; in appointing a permanent alternate under this paragraph, the 31 governor shall consider the recommendations of the member appointed under
01 AS 44.19.650(b)(7); 02 (2) for a member designated under AS 44.19.650(b)(1) - (5), a deputy 03 commissioner of the relevant department or the director of a division of the 04 department; and 05 (3) for a member designated under AS 44.19.650(b)(6), the member's 06 designee within that office. 07 (b) A member of the commission who is unable to attend a meeting shall 08 advise the permanent alternate who may attend the meeting and act in the place of the 09 member. 10 Sec. 44.19.658. Executive director. The commission may employ an 11 executive director who serves at the pleasure of the commission. The executive 12 director may not be a member of the commission. The executive director may contract 13 with or employ personnel or consultants that the executive director considers 14 necessary to carry out the powers and duties of the commission. The executive 15 director is in the exempt service under AS 39.25 (State Personnel Act). 16 Sec. 44.19.660. Powers of the commission. The commission may 17 (1) apply for and accept grants, contributions, and appropriations, 18 including application for and acceptance of federal, international, or private funds that 19 may become available for financing infrastructure adaptation, renewable energy 20 technology, community relocation, food and transportation security, education and 21 research, or other needs related to climate change; 22 (2) contract for necessary services; 23 (3) consult and cooperate with 24 (A) public or private persons, organizations, and groups 25 interested in, affected by, or concerned with climate change effects and 26 response; 27 (B) climate scientists holding PhDs who are affiliated with an 28 academic or nonprofit institution; and 29 (C) agents and officials in the different regions of the state and 30 federal and state agencies concerned with or having jurisdiction over climate 31 change effects and response;
01 (4) establish the duties of the executive director of the commission; 02 (5) assess fees for grant writing and other assistance; and 03 (6) take any reasonable action necessary to carry out the provisions of 04 AS 44.19.650 - 44.19.670. 05 Sec. 44.19.662. Duties of the commission. The commission shall 06 (1) advise the Office of the Governor on the preparation and 07 implementation of a statewide climate change strategy that includes identification of 08 areas in the state that are particularly vulnerable to the effects of climate change and 09 options for assistance to the communities in those areas; 10 (2) provide grant writing and general assistance to governmental and 11 nongovernmental entities in the state on climate change response issues, prioritizing 12 assistance to rural governments, nonprofits serving rural areas, and tribal 13 organizations; 14 (3) develop a program for the distribution of funds in the climate 15 change response fund to assist local governments to respond to climate change effects; 16 (4) establish continuing coordination among state agencies to facilitate 17 the development and implementation of the climate change response strategy; 18 (5) coordinate with the University of Alaska in efforts to seek out 19 grants or other aid for climate change education and research; 20 (6) inform the public of available assistance for responding to climate 21 change effects, including an outreach program to rural governments, nonprofits 22 serving rural areas, and tribal organizations; 23 (7) advance the implementation of technology that provides for 24 renewable energy, local food systems, and adaptive infrastructure in the state by 25 recommending legislation and policies to incentivize its development; 26 (8) monitor and report on the effects of climate change on existing 27 infrastructure, ecosystems, geophysical features, and communities in the state; 28 (9) identify opportunities to reduce greenhouse gas emissions from in- 29 state sources, including the expanded use of alternative fuels, energy conservation, 30 energy efficiency, renewable energy, land use management, and transportation 31 planning; and
01 (10) recommend legislative and administrative action to implement the 02 climate change response strategy. 03 Sec. 44.19.664. Fees. The commission shall adopt regulations under AS 44.62 04 to establish fees for grant writing or other assistance provided by the commission. The 05 fees must be based on a sliding scale formula that takes into account the client's need. 06 Governmental and tribal entities may not be charged a fee. 07 Sec. 44.19.666. Climate change response fund. The climate change response 08 fund is established in the state general fund. The fund consists of money appropriated 09 to the fund by the legislature from the surcharge under AS 43.55.211 and other 10 sources. The commission shall administer the fund and use the fund for the purposes 11 of the commission, without further appropriation. Appropriations to the fund do not 12 lapse. 13 Sec. 44.19.668. Annual report and recommendations. The commission shall 14 submit to the governor and the legislature an annual report of the activities of the 15 commission for the previous calendar year that includes any recommendations for 16 legislative and administrative action. The commission shall submit a report provided 17 under this section not later than February 1 of each year. The commission shall deliver 18 the report to the senate secretary and the chief clerk of the house of representatives and 19 notify the legislature that the report is available. 20 Sec. 44.19.670. Definition. In AS 44.19.650 - 44.19.670, "commission" means 21 the Alaska Climate Change Response Commission. 22 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 ALASKA CLIMATE CHANGE RESPONSE COMMISSION; STAGGERED 25 TERMS. Notwithstanding AS 39.05.055, the governor shall appoint the initial members of the 26 Alaska Climate Change Response Commission under AS 44.19.650(b)(7) to staggered terms 27 as follows: 28 (1) three members shall be appointed to serve three years; 29 (2) three members shall be appointed to serve two years; and 30 (3) three members shall be appointed to serve one year. 31 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: WRITTEN INFORMATION FROM CLIMATE CHANGE SUB- 03 CABINET. The governor shall provide all written reports, recommendations, and research 04 developed by the Climate Change Sub-Cabinet established under Administrative Order No. 05 238 to the Alaska Climate Change Response Commission established under AS 44.19.650 06 within 30 days after the effective date of this Act.