Legislature(2003 - 2004)
2004-05-09 Senate Journal
Full Journal pdf2004-05-09 Senate Journal Page 3543 HB 531 SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) "An Act relating to natural gas exploration and development and to nonconventional gas, and amending the section under which shallow natural gas leases may be issued; and providing for an effective date" was read the third time. Senator Elton moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Elton offered Amendment No. 1 : Page 6, line 29 following "purposes;" Insert: "(C) allow the use of toxic hydraulic fracturing fluids;" Renumber accordingly. Senator Elton moved for the adoption of Amendment No. 1. Senator Green objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2004-05-09 Senate Journal Page 3544 SCS CSHB 531(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 10 EXCUSED: 2 ABSENT: 1 Yeas: Davis, Ellis, Elton, French, Lincoln, Olson, Stevens G Nays: Bunde, Cowdery, Dyson, Green, Ogan, Stedman, Stevens B, Therriault, Wagoner, Wilken Excused: Guess, Seekins Absent: Hoffman and so, Amendment No. 1 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) was automatically in third reading. Senator Elton moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Elton offered Amendment No. 2 : Page 42, line 12: Insert *Sec. 45. AS 38.05.945 is amended by adding a new subsection to read: (i) in addition to the requirements of AS 38.05.945(b), for non-conventional gas leases the director shall provide notification by mail to each land owner, municipality, tribal organization, and community council within 5 miles of the proposed action. Each published or mailed notice must include a detailed map of the area considered for the lease." Renumber accordingly. 2004-05-09 Senate Journal Page 3545 Senator Elton moved for the adoption of Amendment No. 2. Senator Green objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 531(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 9 EXCUSED: 2 ABSENT: 1 Yeas: Davis, Dyson, Ellis, Elton, French, Lincoln, Olson, Stevens G Nays: Bunde, Cowdery, Green, Ogan, Stedman, Stevens B, Therriault, Wagoner, Wilken Excused: Guess, Seekins Absent: Hoffman and so, Amendment No. 2 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 3 : Page 6, line 26: Delete: "or" Page 6, line 27 following "(B)": Insert: issue a permit to drill in an area specifically excluded by a municipal ordinance declaring the area to be: i) sensitive fish or wildlife habitat incompatible with operations involving nonconventional gas, ii) a recreational area incompatible with operations involving nonconventional gas, or iii) a residential area incompatible with operations involving nonconventional gas, or (C) 2004-05-09 Senate Journal Page 3546 Senator Ellis moved for the adoption of Amendment No. 3. Senator Wilken objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 531(FIN) Second Reading Amendment No. 3 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Hoffman, Lincoln, Olson, Stevens G Nays: Bunde, Cowdery, Dyson, Green, Ogan, Stedman, Stevens B, Therriault, Wagoner, Wilken Excused: Guess, Seekins Hoffman changed from "Nay" to "Yea". and so, Amendment No. 3 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 4 : Page 40, line 10; following "land": Insert "; (4) for a nonconventional gas lease, rights under the reservation as set out in AS 38.05.125 may not be exercised under the lease unless the owner and the state and its lessees, successors, or assigns reach a prior written agreement under which the state and its lessees, successors, or assigns may enter upon the land in the exercise of the reserved right; only one written agreement authorizing entry onto the land may be required under this subparagraph to authorize 2004-05-09 Senate Journal Page 3547 activity by the state and its lessees, successors, or assigns, or by their agents, attorneys, and servants as allowed under this subsection; an agreement entered into under this subparagraph is (i) for the duration of the period of production or recovery operations unless the parties agree to a different duration; and (ii) a covenant running with the land" Renumber accordingly. Senator Ellis moved for the adoption of Amendment No. 4. Senator Ben Stevens objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 531(FIN) Second Reading Amendment No. 4 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Hoffman, Lincoln, Olson, Stevens G Nays: Bunde, Cowdery, Dyson, Green, Ogan, Stedman, Stevens B, Therriault, Wagoner, Wilken Excused: Guess, Seekins and so, Amendment No. 4 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) "An Act relating to natural gas exploration and development and to nonconventional gas, and amending the section under which shallow natural gas leases may be issued; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2004-05-09 Senate Journal Page 3548 SCS CSHB 531(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Lincoln, Ogan, Olson, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Guess, Seekins and so, SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered.