Legislature(1995 - 1996)
1996-04-15 House Journal
Full Journal pdf1996-04-15 House Journal Page 3746 HB 394 The following was read the second time: HOUSE BILL NO. 394 An Act authorizing a program of natural gas and coal bed methane development licensing and leasing; relating to regulation of certain natural gas exploration facilities and coal bed methane exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas exploration activities and coal bed methane exploration activities; and amending the exemption from obtaining a waste disposal permit for disposal of waste produced from coal bed methane drilling. with the: Journal Page O&G RPT CS(O&G) NT 2DP 4NR 1AM 2909 FISCAL NOTE (DNR) 2910 ZERO FISCAL NOTE (DEC) 2910 RES RPT CS(RES) NT 2DP 4NR 1AM 3146 FISCAL NOTE (DNR) 2/28/96 3147 ZERO FISCAL NOTE (DEC) 2/28/96 3147 FIN RPT CS(FIN) NT 7DP 1NR 3737 FISCAL NOTE (DNR) 2/28/96 3738 ZERO FISCAL NOTE (DEC) 2/28/96 3738 1996-04-15 House Journal Page 3747 HB 394 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 394(FIN) An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 4, line 6: Delete "or" Page 4, line 9, following "land": Insert "; or (C) the valid existing selections of the Alaska Mental Health Trust Authority made for the purpose of reconstituting the mental health trust established under the Alaska Mental Health Enabling Act, P.L. 84-830, 70 Stat. 709 (1956), that become subject to management under AS 38.05.801, or of land that has been designated by law for or is subject to designation for conveyance to the Alaska Mental Health Trust Authority" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1996-04-15 House Journal Page 3748 HB 394 CSHB 394(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 16 EXCUSED: 1 ABSENT: 6 Yeas: Brown, Davies, B.Davis, G.Davis, Elton, Grussendorf, James, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Parnell, Robinson, Therriault, Willis Nays: Austerman, Barnes, Foster, Green, Ivan, Kohring, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Toohey Excused: Brice Absent: Bunde, Finkelstein, Hanley, Kelly, Vezey, Williams And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Brown: Page 4, line 22, following determines: Insert that the land proposed for lease is geologically prospective for shallow natural gas, is within 100 miles of a community that could utilize the gas, and that Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Ogan objected. **The presence of Representative Hanley was noted. Amendment to Amendment No. 2 was offered by Representative Davies: Delete 100 Insert 50 1996-04-15 House Journal Page 3749 HB 394 Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: Shall the amendment to Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment to Amendment No. 2 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Green, Long, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice Absent: Foster, Grussendorf, Masek And so, the amendment to Amendment No. 2 was not adopted. Representative Bunde moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. Representative Bunde moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Brown moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. 1996-04-15 House Journal Page 3750 HB 394 Amendment No. 3 was offered by Representative Brown: Page 5, lines 21-23, following lease.: Delete If rent is not paid when due the director shall mail the lessee written notice of nonpayment at the end of each month, while the rent remains unpaid, for a period of two months. Insert If rent is not paid when due, the director shall mail the lessee one written notice of nonpayment at least 30 days before the lease is to be terminated. Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Ogan objected. Amendment to Amendment No. 3 was offered by Representative Green: Under the insertion clause following notice: Insert , certified return receipt requested, Representative Green moved and asked unanimous consent that the amendment to Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, it was so ordered. The question being: Shall Amendment No. 3 as amended be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 3 as amended YEAS: 22 NAYS: 10 EXCUSED: 1 ABSENT: 7 Yeas: Brown, Bunde, Davies, B.Davis, Elton, Green, Hanley, James, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Parnell, Phillips, Robinson, Therriault, Toohey, Williams, Willis 1996-04-15 House Journal Page 3751 HB 394 Nays: Austerman, G.Davis, Foster, Ivan, Kelly, Kohring, Ogan, Porter, Rokeberg, Vezey Excused: Brice Absent: Barnes, Finkelstein, Grussendorf, Masek, Moses, Nicholia, Sanders Kelly changed from "Yea" to "Nay". And so, Amendment No. 3 as amended was adopted. Amendment No. 4 was offered by Representative Brown: Page 3, line 28, following "LEASES.", through page 4, line 9: Delete all material and insert: "(a) The provisions of this section apply only (1) to gas, whether methane associated with and derived from coal deposits or otherwise, developed from a source that is within 3,000 feet of the surface; and (2) to authorize the lease of land if the land may be subject to an oil and gas exploration license or lease issued under AS38.05.131 - 38.05.134." Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Ogan objected. Representative Ogan placed a call of the House on the bill. The call was satisfied. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 4 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 1996-04-15 House Journal Page 3752 HB 394 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brown: Page 6, line 18, following state: Insert ; (4) gas produced from the lease may not be transported out of the state or sold for use in a gas processing facility Representative Brown moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Ogan objected. Representative Green moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. Representative Vezey objected. The question being: Shall the question be divided? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 5 Divide YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 1996-04-15 House Journal Page 3753 HB 394 Yeas: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Williams, Willis Nays: Barnes, Foster, James, Masek, Ogan, Rokeberg, Vezey Excused: Brice And so, Amendment No. 5 was divided into two parts. Part A of Amendment No. 5: Page 6, line 18, following state: Insert ; (4) gas produced from the lease may not be transported out of the state Delete or The question being: Shall Amendment No. 5, Part A be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 5, Part A YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Green, Grussendorf, Kelly, Navarre, Nicholia, Parnell, Robinson, Therriault, Toohey, Williams, Willis Nays: Austerman, Barnes, G.Davis, Foster, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Vezey Excused: Brice And so, Part A of Amendment No. 5 was not adopted. 1996-04-15 House Journal Page 3754 HB 394 Part B of Amendment No. 5: Page 6, line 18, following state: Insert ; (4) gas produced from the lease may not be sold for use in a gas processing facility The question being: Shall Amendment No. 5, Part B be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 5, Part B YEAS: 8 NAYS: 31 EXCUSED: 1 ABSENT: 0 Yeas: Brown, B.Davis, Elton, Finkelstein, Grussendorf, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, Part B of Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representatives Ogan and Brown: Page 6, line 13: Delete ; Insert . Page 6, lines 14-18: Delete all material Representative Ogan moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. 1996-04-15 House Journal Page 3755 HB 394 Amendment No. 7 was offered by Representatives Ogan and Rokeberg: Page 4, line 16, following fee: Insert up to $500 Page 4, line 17: Delete or Insert and Page 4, line 18: Delete or Insert and Representative Ogan moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. Amendment to Amendment No. 7 was offered by Representative Davies: Following up to $500: Insert . Add to the amendment: Page 4, lines 16-18: Delete , as the commissioner may determine, as a condition of submitting or processing the lease application or obtaining the lease Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 7 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 7 as amended was adopted. Amendment No. 8 was offered by Representatives Rokeberg and Ogan: Page 4, line 4, following that is: Delete included in the final findings 1996-04-15 House Journal Page 3756 HB 394 Insert described in and is part Representative Rokeberg moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Brown objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 8 YEAS: 33 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein, Grussendorf, Nicholia, Robinson Excused: Brice And so, Amendment No. 8 was adopted. Amendment No. 9 was offered by Representative Brown: Page 4, line 22, following determines: Insert that the land proposed for lease is within 100 miles of a community that could utilize the gas, and that Representative Brown moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: 1996-04-15 House Journal Page 3757 HB 394 CSHB 394(FIN) am Second Reading Amendment No. 9 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Brown: Page 4, line 22, following determines: Insert that the land proposed for lease is geologically prospective for shallow natural gas and that Representative Brown moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 10 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis 1996-04-15 House Journal Page 3758 HB 394 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, Amendment No. 10 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB394(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall CSHB 394(FIN) am be advanced to third reading on the same day? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Advance to Third Reading YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Excused: Brice And so, lacking the necessary 30 votes, CSHB 394(FIN) am failed to advance and will be in third reading on tomorrow's calendar.