Legislature(2003 - 2004)
2004-04-30 House Journal
Full Journal pdf2004-04-30 House Journal Page 3689 HB 395 The following was read the second time: HOUSE BILL NO. 395 "An Act relating to shallow natural gas leasing and the regulation of shallow natural gas operations." with the: Journal Page O&G RPT CS(O&G) NT 1DP 3NR 1AM 2936 FN1: (DNR) 3034 2004-04-30 House Journal Page 3690 RES RPT CS(RES) NT 2DP 3NR 3360 FN2: (DNR) 3360 JUD REFERRAL WAIVED 3472 FIN RPT CS(FIN) NT 6DP 1NR 3573 FN2: (DNR) 3574 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 395(FIN) "An Act relating to the recovery of shallow natural gas, to the regulation of shallow natural gas or coal bed methane operations, and to oil and gas leasing operations involving activities not governed under the Alaska Land Act; contingently redesignating shallow natural gas as nonconventional gas, and relating to the regulation of that gas under that contingency; and providing for an effective date." There being no objection, it was so ordered. Representative Kerttula declared a conflict of interest (page 3686). Amendment No. 1 was offered by Representatives Harris and Gara: Page 1, following line 6: Insert a new bill section to read: "* Section 1. AS 29.40.040 is amended by adding a new subsection to read: (c) Land use regulations of a municipality adopted under this section establishing allowable uses and limitations on nonconventional gas exploration and development activities, including limitations that protect neighborhoods, protect the safety of residents, and limit audible noise, shall be given effect to the fullest extent allowed under the Constitution of the State of Alaska." Page 1, line 7: Delete "Section 1." Insert "Sec. 2." 2004-04-30 House Journal Page 3691 Renumber the following bill sections accordingly. Page 8, line 8, following "payment": Insert "; (3) unless provision is otherwise made in the lease by the Alaska Oil and Gas Conservation Commission under AS 31.05.030(j) that would govern the lessee's disposal of water produced from a coal seam as salt water or nonpotable water in a manner that does not add to or contaminate surface or subsurface water supplies, the lease must contain a term or condition that governs the lessee's disposal of the produced water in a manner that does not add to or contaminate surface water supplies; and (4) the lease must contain a term or condition that protects the water quality, water quantity, and habitat of fish- bearing surface water; the term or condition may not take effect until approved by the commissioner of fish and game" Page 9, line 3: Delete "and" Page 9, line 6, following "entry": Insert "; (5) for management and oversight of nonconventional gas, shall adopt regulations under AS 38.05.127(b) and this paragraph to ensure that exploration and development activities under a gas only lease for nonconventional gas do not materially interfere with the public's right to access and enjoy recreational waters, waters that contain appreciable quantities of resident or anadromous fish, and areas important to sport or subsistence hunting activities" Page 12, line 14, following "entry": Insert "; (5) for management and oversight of nonconventional gas, (A) the commissioner shall adopt regulations under AS 38.05.127(b) and this subparagraph to ensure that exploration and development activities under a gas only lease for nonconventional gas do not materially interfere with the 2004-04-30 House Journal Page 3692 public's right to access and enjoy recreational waters, waters that contain appreciable quantities of resident or anadromous fish, and areas important to sport or subsistence hunting activities; (B) unless provision is otherwise made in the lease by the Alaska Oil and Gas Conservation Commission under AS 31.05.030(j) that would govern the lessee's disposal of water produced from a coal seam as salt water or nonpotable water in a manner that does not add to or contaminate surface or subsurface water supplies, the lease must contain a term or condition that governs the lessee's disposal of the produced water in a manner that does not add to or contaminate surface water supplies; and (C) the lease must contain a term or condition that protects the water quality, water quantity, and habitat of fish- bearing surface water; the term or condition may not take effect until approved by the commissioner of fish and game" Page 17, line 31: Delete "sec. 8" Insert "sec. 9" Page 18, line 1: Delete "sec. 9" Insert "sec. 10" Delete "sec. 10" Insert "sec. 11" Page 18, line 2: Delete "sec. 11 Insert "sec. 12" Page 18, line 3: Delete "sec. 12" Insert "sec. 13" Page 18, line 4: Delete "secs. 8 - 12" Insert "secs. 9 - 13" 2004-04-30 House Journal Page 3693 Page 18, line 12: Delete "sec. 13" Insert "sec. 14" Page 18, line 15: Delete "Sections 2, 4, 6, 13, 16, 18, 20, 23, and 25" Insert "Sections 3, 5, 7, 14, 17, 19, 21, 24, and 26" Page 18, line 20: Delete "sec. 26" Insert "sec. 27" Delete "Sections 2, 4, 6, 13, 16, 18, 20, 23, and 25" Insert "Sections 3, 5, 7, 14, 17, 19, 21, 24, and 26" Page 18, line 22: Delete "sec. 26" Insert "sec. 27" Page 18, line 26: Delete "sec. 27" Insert "sec. 28" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 395(FIN) Second Reading Amendment No. 1 YEAS: 28 NAYS: 9 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Lynn, Masek, Meyer, Morgan, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Wilson 2004-04-30 House Journal Page 3694 Nays: Anderson, Chenault, Coghill, Kohring, Kott, McGuire, Rokeberg, Stepovich, Wolf Excused: Cissna Absent: Moses, Williams And so, Amendment No. 1 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 395(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 395(FIN) am was read the third time. The question being: "Shall CSHB 395(FIN) am pass the House?" The roll was taken with the following result: CSHB 395(FIN) am Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Rokeberg Excused: Cissna And so, CSHB 395(FIN) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Rokeberg later gave notice of reconsideration of the vote on CSHB 395(FIN) am, and reconsideration was taken up then.