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HB 32: "An Act relating to appeals of administrative decisions related to oil or gas; establishing an oil and gas production working group; and providing for an effective date."

00 HOUSE BILL NO. 32 01 "An Act relating to appeals of administrative decisions related to oil or gas; establishing 02 an oil and gas production working group; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 22.10.020(d) is amended to read: 05 (d) The superior court has jurisdiction in all matters appealed to it from a 06 subordinate court, or administrative agency when appeal is provided by law, and has 07 jurisdiction over petitions for relief in administrative matters under AS 44.62.305. The 08 hearings on appeal from a final order or judgment of a subordinate court or 09 administrative agency, except 10 (1) an appeal under AS 43.05.242, shall be on the record unless the 11 superior court, in its discretion, grants a trial de novo, in whole or in part; [. THE] 12 hearings on appeal from a final order or judgment under AS 43.05.242 shall be on the 13 record; and 14 (2) a hearing under (j) of this section shall be de novo.

01 * Sec. 2. AS 22.10.020 is amended by adding a new subsection to read: 02 (j) A person who is dissatisfied with the disposition of an administrative 03 matter related to oil or gas may appeal to the superior court. The questions reviewed 04 on appeal are limited to the questions presented in the administrative matter. 05 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 OIL AND GAS PRODUCTION WORKING GROUP. (a) The oil and gas production 08 working group is established in the legislature to determine methods to increase oil and gas 09 exploration and production in the state, including methods to 10 (1) ensure state-owned seismic data is public and easily accessible; 11 (2) require applicable state departments and agencies to meet regularly with 12 oil and gas lease owners and oil and gas producers and explorers to develop recommendations 13 to increase oil and gas exploration and production in the state; 14 (3) require the state departments and agencies participating in meetings 15 described in (2) of this subsection to prepare reports to the legislature on the meetings that 16 include recommendations developed as a result of the meetings; 17 (4) reduce bonding costs for new wells; 18 (5) reduce oil, gas, and oil and gas lease costs; 19 (6) determine whether funds in the oil and hazardous substance release 20 prevention and response fund (AS 46.08.010) could be used to offset the bonding costs 21 described in (4) of this subsection; 22 (7) streamline contingency plans for oil spills; 23 (8) allow the Department of Environmental Conservation to act as first 24 responders when there is an oil or gas emergency or spill; 25 (9) replace the use of computer-based air quality modeling with actual air 26 quality measurements in the air quality permitting process within the Department of 27 Environmental Conservation; 28 (10) limit the involvement of the Alaska Oil and Gas Conservation 29 Commission in the engineering and operation of oil and gas wells; 30 (11) reduce the time between the time of initial investment and oil production; 31 (12) reduce duplication of state work related to oil and gas, including

01 evaluating whether a single state agency may be responsible for all oil and gas-related tasks; 02 (13) reduce environmental restrictions that impede oil and gas activities; 03 (14) export liquefied natural gas directly from the state; and 04 (15) restructure the process for appeals of administrative decisions related to 05 oil and gas exploration and production. 06 (b) The working group shall recommend changes to the legislature before the 07 beginning of the Second Regular Session of the Thirty-Third Alaska State Legislature for 08 consideration during that session. The working group shall submit the recommendations in a 09 report to the chief clerk of the house of representatives and the senate secretary and notify the 10 legislature that the report is available. 11 (c) The working group consists of 12 (1) two members of the House Resources Committee appointed by the speaker 13 of the house of representatives, one of whom is a member of the majority caucus, and one of 14 whom is a member of the minority caucus; 15 (2) two members of the Senate Resources Committee appointed by the 16 president of the senate, one of whom is a member of the majority caucus, and one of whom is 17 a member of the minority caucus; 18 (3) the commissioner of natural resources, or the commissioner's designee; 19 (4) the commissioner of revenue, or the commissioner's designee; 20 (5) the commissioner of environmental conservation, or the commissioner's 21 designee; 22 (6) one commissioner of the Alaska Oil and Gas Conservation Commission, 23 appointed by the governor. 24 (d) The working group shall select a chair from among the members of the working 25 group. 26 (e) The working group terminates the day after the working group delivers the report 27 described in (b) of this section. 28 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).