Legislature(2021 - 2022)

2022-05-18 Senate Journal

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2022-05-18                     Senate Journal                      Page 2987
HB 349                                                                                                                        
CS FOR HOUSE BILL NO. 349(RES) "An Act relating to the                                                                          
establishment of oil and gas drilling units, spacing, and patterns" was                                                         
read the third time.                                                                                                            
                                                                                                                                
Senator Wielechowski moved the bill be returned to second reading                                                               
for all amendments offered today. Without objection, the bill was                                                               
returned to second reading.                                                                                                     
                                                                                                                                
Senator Wielechowski offered Amendment No. 1 :                                                                                   
                                                                                                                                
Page 1, line 2, following "patterns":                                                                                         
 Insert "; making public certain information related to the oil                                                               
and gas production tax; and relating to the duties of the                                                                     
Department of Revenue"                                                                                                        
                                                                                                                                
Page 2, following line 14:                                                                                                      
 Insert new bill sections to read:                                                                                              
"* Sec. 4. AS 40.25.100(a) is amended to read:                                                                                
  (a)  Information in the possession of the Department of                                                                       
 Revenue that discloses the particulars of the business or affairs of                                                           
 a taxpayer or other person, including information under                                                                        
 AS 38.05.020(b)(11) that is subject to a confidentiality agreement                                                             
 under AS 38.05.020(b)(12), is not a matter of public record,                                                                   
 except as provided in AS 43.05.230(i) - (m) [AS 43.05.230(i) -                                                             
 (l)] or for purposes of investigation and law enforcement. The                                                                 

2022-05-18                     Senate Journal                      Page 2988
 information shall be kept confidential except when its production                                                              
 is required in an official investigation, administrative adjudication                                                          
 under AS 43.05.405 - 43.05.499, or court proceeding. These                                                                     
 restrictions do not prohibit the publication of statistics presented                                                           
 in a manner that prevents the identification of particular reports                                                             
 and items, prohibit the publication of tax lists showing the names                                                             
 of taxpayers who are delinquent and relevant information that may                                                              
 assist in the collection of delinquent taxes, or prohibit the                                                                  
 publication of records, proceedings, and decisions under                                                                       
 AS 43.05.405 - 43.05.499.                                                                                                      
   * Sec. 5. AS 43.05.230 is amended by adding a new subsection to                                                            
read:                                                                                                                           
  (m)  The information provided by a producer to the                                                                            
 department on a return for the payment of oil production taxes                                                                 
 assessed under AS 43.55.011 is public information.                                                                             
   * Sec. 6. AS 43.55.890 is amended to read:                                                                                 
  Sec. 43.55.890. Disclosure of tax information.                                                                              
Notwithstanding any contrary provision of AS 40.25.100, and                                                                     
 regardless of whether the information is considered under                                                                      
 AS 43.05.230(e) to constitute statistics classified to prevent the                                                             
 identification of particular returns or reports, the department shall                                                      
 make publicly available online [MAY PUBLISH] the following                                                                 
 information under this chapter, by producer [IF AGGREGATED                                                                 
 AMONG THREE OR MORE PRODUCERS OR EXPLORERS],                                                                                   
 showing by month or calendar year and by lease or property, unit,                                                              
 or area of the state:                                                                                                          
   (1)  the identity of the producer;                                                                                       
   (2) [(1)]  the amount of oil or gas production produced                                                              
 by the producer;                                                                                                           
   (3) [(2)]  the total amount of taxes levied under this                                                               
 chapter or paid by the producer under this chapter;                                                                        
   (4) [(3)]  the effective tax paid by the producer                                                                    
 [RATES] under this chapter;                                                                                                    
   (5) [(4)]  the gross value of oil or gas at the point of                                                                 
 production produced by the producer;                                                                                       
   (6) [(5)]  the transportation costs for oil or gas incurred                                                          
 by the producer;                                                                                                           
   (7)  the total [(6)] qualified capital expenditures of the                                                           
 producer, as defined in AS 43.55.023;                                                                                      
   (8)  the total [(7)] exploration expenditures of the                                                                 

2022-05-18                     Senate Journal                      Page 2989
 producer under AS 43.55.025;                                                                                               
   (9)  the [(8)] production tax values of oil or gas under                                                                 
 AS 43.55.160 produced by the producer;                                                                                     
   (10)  the total [(9)] lease expenditures of the producer                                                             
 under AS 43.55.165;                                                                                                            
   (11)  the total [(10)] adjustments to lease expenditures                                                                 
 made by the producer under AS 43.55.170;                                                                                   
   (12) [(11)]  tax credits applicable or potentially applicable                                                            
 to the producer against taxes levied by this chapter.                                                                      
   * Sec. 7. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
 APPLICABILITY. AS 40.25.100(a), as amended by sec. 4 of this                                                                   
Act, AS 43.05.230(m), enacted by sec. 5 of this Act, and                                                                        
AS 43.55.890, as amended by sec. 6 of this Act, apply to information                                                            
provided by a producer on a return filed on or after the effective date                                                         
of this Act."                                                                                                                   
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 1.                                                                 
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 349(RES)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  6   NAYS:  11   EXCUSED:  0   ABSENT:  3                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Wielechowski                                                               
                                                                                                                                
Nays:  Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak,                                                             
Shower, Stevens, von Imhof, Wilson                                                                                              
                                                                                                                                
Absent:  Bishop, Hoffman, Stedman                                                                                               
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 2 :                                                                                   
                                                                                                                                
Page 1, line 2, following "patterns":                                                                                         
      Insert "; relating to credits against the oil and gas production                                                        
tax; and providing for an effective date."                                                                                    
                                                                                                                                

2022-05-18                     Senate Journal                      Page 2990
Page 2, following line 14:                                                                                                      
      Insert new bill sections to read:                                                                                         
"* Sec. 4. AS 43.55.024(j) is amended to read:                                                                                
           (j)  A producer may apply against the producer's tax liability                                                       
      for the calendar year under AS 43.55.011(e) a tax credit in the                                                           
      amount specified in this subsection for each barrel of oil taxable                                                        
      under AS 43.55.011(e) that does not receive a reduction in the                                                            
      gross value at the point of production under AS 43.55.160(f) or                                                           
      (g) and that is produced during a calendar year after December 31,                                                        
      2013, from leases or properties north of 68 degrees North latitude.                                                       
      A tax credit under this subsection may not reduce a producer's tax                                                        
      liability for a calendar year under AS 43.55.011(e) below the                                                             
      amount calculated under AS 43.55.011(f). The amount of the tax                                                            
      credit for a barrel of taxable oil subject to this subsection produced                                                    
      during a month of the calendar year is                                                                                    
                 (1)  $5 [$8] for each barrel of taxable oil if the average                                                 
      gross value at the point of production for the month is less than                                                         
      $80 a barrel;                                                                                                             
                 (2)  $4 [$7] for each barrel of taxable oil if the average                                                 
      gross value at the point of production for the month is greater than                                                      
      or equal to $80 a barrel, but less than $90 a barrel;                                                                     
                 (3)  $3 [$6] for each barrel of taxable oil if the average                                                 
      gross value at the point of production for the month is greater than                                                      
      or equal to $90 a barrel, but less than $100 a barrel;                                                                    
                 (4)  $2 [$5] for each barrel of taxable oil if the average                                                 
      gross value at the point of production for the month is greater than                                                      
      or equal to $100 a barrel, but less than $110 a barrel;                                                                   
                 (5)  $1 [$4] for each barrel of taxable oil if the average                                                 
      gross value at the point of production for the month is greater than                                                      
      or equal to $110 a barrel, but less than $120 a barrel;                                                                   
                 (6)  zero [$3 FOR EACH BARREL OF TAXABLE OIL]                                                              
      if the average gross value at the point of production for the month                                                       
      is greater than or equal to $120 a barrel [, BUT LESS THAN $130                                                           
      A BARREL;                                                                                                                 
                 (7)  $2 FOR EACH BARREL OF TAXABLE OIL IF                                                                      
      THE AVERAGE GROSS VALUE AT THE POINT OF                                                                                   
      PRODUCTION FOR THE MONTH IS GREATER THAN OR                                                                               
      EQUAL TO $130 A BARREL, BUT LESS THAN $140 A                                                                              
      BARREL;                                                                                                                   
                 (8)  $1 FOR EACH BARREL OF TAXABLE OIL IF                                                                      

2022-05-18                     Senate Journal                      Page 2991
      THE AVERAGE GROSS VALUE AT THE POINT OF                                                                                   
      PRODUCTION FOR THE MONTH IS GREATER THAN OR                                                                               
      EQUAL TO $140 A BARREL, BUT LESS THAN $150 A                                                                              
      BARREL;                                                                                                                   
                 (9)  ZERO IF THE AVERAGE GROSS VALUE AT                                                                        
      THE POINT OF PRODUCTION FOR THE MONTH IS                                                                                  
      GREATER THAN OR EQUAL TO $150 A BARREL].                                                                                  
   * Sec. 5. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
      RETROACTIVITY. Section 4 of this Act is retroactive to                                                                    
January 1, 2022.                                                                                                                
   * Sec. 6. Sections 4 and 5 of this Act take effect immediately under                                                       
AS 01.10.070(c)."                                                                                                               
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 2.                                                                 
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 349(RES)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  7   NAYS:  12   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Stedman,                                                                   
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bishop, Costello, Holland, Hughes, Micciche, Myers,                                                                      
Reinbold, Revak, Shower, Stevens, von Imhof, Wilson                                                                             
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator Kiehl offered Amendment No. 3 :                                                                                          
                                                                                                                                
Pg. 2, Following line 14:                                                                                                       
 Insert a new section to read:                                                                                                  
                                                                                                                                

2022-05-18                     Senate Journal                      Page 2992
"* Sec. 4. The uncodified law of the State of Alaska is amended by                                                              
adding a new section to read:                                                                                                   
                                                                                                                                
 CONVEYANCE OF STATE LAND TO THE CITY AND                                                                                       
BOROUGH OF JUNEAU. The Department of Natural Resources                                                                          
shall, without cost, convey all rights, titles, and interests to the                                                            
following parcels of land situated within United States Survey No. 7                                                            
Townsite of Juneau and Alaska Tidelands Survey No. 3, Juneau                                                                    
Recording District, First Judicial District, Juneau, Alaska, containing                                                         
3.55 acres of land, more or less, to the City and Borough of Juneau,                                                            
subject to the reservations described in AS 38.05.125 and the                                                                   
provisions of AS 38.05.127:                                                                                                     
  (1) All of Tract A, Downtown Transportation Center Plat,                                                                      
recorded as Plat No. 2009-11, Juneau Recording District;                                                                        
  (2) Lots 7 and 8, Block 1, United States Survey No. 7,                                                                        
Townsite of Juneau;                                                                                                             
  (3) Lots 1, 2, 3, 6, 7, and 8, Block 6, United States Survey                                                                  
No. 7, Townsite of Juneau, excluding the following particularly                                                                 
described parcel:                                                                                                               
   Beginning at? the west corner of Lot 8; thence South 41                                                                      
 degrees 17 minutes East along the southwest line of Lot 8, a                                                                   
 distance of 14.13 feet; thence northerly a distance of 20.0 feet,                                                              
 more or less, to a point on the northwest line of Lot 8, said point                                                            
 being North 48 degrees 43 minutes East a distance of 14.13 feet                                                                
 from the point of beginning; thence South 48 degrees 43 minutes                                                                
 West, along the northwest line of Lot 8, a distance of 14.13 feet to                                                           
 the point of beginning;                                                                                                        
  (4) Lots 3, 4, 5, and 6, Block D, United States Survey No. 7,                                                                 
Townsite of Juneau, and the following particularly described parcel:                                                            
   Beginning at the north corner of Lot 5; thence South 48                                                                      
 degrees 43 minutes West, on the northwest lot line a distance of                                                               
 50.0 feet to the west corner  of Lot 5; thence North 41 degrees 17                                                             
 minutes West a distance of 20.0 feet; thence North 48 degrees 43                                                               
 minutes East a distance of 61.58 feet; thence South 36 degrees 44                                                              
 minutes East a distance of 120.78 feet; thence South 48 degrees 43                                                             
 minutes West a distance of 2.0 feet to the east corner of Lot 5;                                                               
 thence North 41 degrees 17 minutes? West, along the northwest                                                                  
 lot line, a distance of 100.40 feet to the point of beginning;                                                                 
 excluding the southwest 8.94 feet of Lot 6, Block D;                                                                           
   (5) Lots 2, 3, 4, 5, 6, and 7, Block E, United States Survey                                                                 

2022-05-18                     Senate Journal                      Page 2993
 No. 7, Townsite of Juneau, excluding the following particularly                                                                
 described parcels:                                                                                                             
    (A) Beginning at the west corner of Lot 2; thence North                                                                     
  48 degrees 43 minutes East along the northwest line of Lot 2, a                                                               
  distance of 18.06 feet; thence South 82 degrees 25 minutes 10                                                                 
  seconds East a distance of 149.86 feet to a point on the southeast                                                            
  line of said Lot 4; thence South 48 degrees 43 minutes West a                                                                 
  distance of 17.83 feet to the most southerly corner of Lot 4; thence                                                          
  North 76 degrees 36 minutes West a distance of 40.30 feet to an                                                               
  angle point on the south line of Lot 3, said point being Corner 10                                                            
  of Alaska Tidelands Survey No. 3; thence North 84 degrees 38                                                                  
  minutes West a distance of 110.0 feet to the point of beginning;                                                              
   (B) Beginning at the south corner of Lot 7; thence North                                                                     
 52 degrees 42 minutes West along the southwest line of Lot 7 a                                                                 
 distance of 66.90 feet, the line being coincident with the boundary                                                            
 line between United States Survey No. 7 and Alaska Tideland                                                                    
 Survey No. 3; thence North 43 degrees 23 minutes East a distance                                                               
 of 7.87 feet; thence South 52 degrees 42 minutes East a distance                                                               
 of 50.40 feet to the southeast line of Lot 7; thence South 48                                                                  
 degrees 43 minutes West along the lot line a distance of 18.06 feet                                                            
 to the point of beginning."                                                                                                    
                                                                                                                                
Senator Kiehl moved for the adoption of Amendment No. 3. Senator                                                                
Reinbold objected, then withdrew her objection. There being no                                                                  
further objection, Amendment No. 3 was adopted.                                                                                 
                                                                                                                                
Senator Stevens offered Amendment No. 4 :                                                                                        
                                                                                                                                
Page 1, line 2, following "patterns":                                                                                         
      Insert "; providing for the transfer of and addition of names to                                                        
a personal use cabin permit for a cabin on state land; and                                                                    
providing for an effective date"                                                                                              
                                                                                                                                
Page 2, following line 14:                                                                                                      
      Insert new bill sections to read:                                                                                         
"* Sec. 4. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
      TRANSFER OF PERMIT FOR PERSONAL USE CABIN ON                                                                              
STATE LAND. (a) Notwithstanding regulations adopted by the                                                                      
Department of Natural Resources in 1984 and amendments to those                                                                 

2022-05-18                     Senate Journal                      Page 2994
regulations adopted by that department in 1993, 2001, and 2018 under                                                            
the authority of AS 38.04.035, 38.04.900, AS 38.05.020,                                                                         
AS 41.21.020, and AS 44.37.011 as those provisions read on the date                                                             
those regulations were adopted, that state that a personal use cabin                                                            
permit is not transferable or assignable and is valid only during the                                                           
lifetime of the original holder of the permit, the department shall,                                                            
           (1)  at the request of an original permit holder,                                                                    
                 (A)  transfer the permit holder's permit to an immediate                                                       
      family member of the permit holder; or                                                                                    
                 (B)  add an immediate family member of the permit                                                              
      holder as an additional permittee with a right of survivorship in                                                         
      the permit; and                                                                                                           
           (2)  if the original permit holder of a permit that has not been                                                     
transferred or assigned dies before the age provided by the National                                                            
Center for Health Statistics as the average life expectancy of a person                                                         
residing in the state at the time of the permit holder's birth, allow an                                                        
immediate family member of the deceased permit holder to assume the                                                             
privileges of the permit for a period equal to the difference between                                                           
the original permit holder's age at death and the life expectancy                                                               
determined under this paragraph.                                                                                                
      (b)  Notwithstanding the regulations that state that a personal use                                                       
cabin permit is not transferable or assignable and is valid only during                                                         
the lifetime of the original holder, an immediate family member of an                                                           
original personal use cabin permit holder or deceased personal use                                                              
cabin permit holder may assume the privileges of a permit under (a) of                                                          
this section only if the person is qualified under regulations adopted by                                                       
the Department of Natural Resources.                                                                                            
      (c)  For an immediate family member of a personal use cabin                                                               
permit holder                                                                                                                   
           (1)  to be added to or transferred a permit under (a)(1) of this                                                     
section, the original permit holder must submit the immediate family                                                            
member's name to the Department of Natural Resources;                                                                           
           (2)  to assume the privileges of a permit under (a)(2) of this                                                       
section, the immediate family member must apply to the Department                                                               
of Natural Resources within 30 days after the permit holder's death.                                                            
      (d)  Once the original permit holder has died, a personal use cabin                                                       
permit that an immediate family member has been transferred, or had                                                             
the individual's name added to, under (a)(1) of this section is valid                                                           
only during the lifetime of the immediate family member.                                                                        
      (e)  The Department of Natural Resources shall adopt regulations                                                          

2022-05-18                     Senate Journal                      Page 2995
to implement this section.                                                                                                      
      (f)  In this section, "personal use cabin permit" means a permit                                                          
issued by the Department of Natural Resources under regulations                                                                 
adopted by the department in 1984 and amendments to those                                                                       
regulations that were adopted in 1993, 2001, and 2018 to an individual                                                          
to use an existing cabin that was placed on state land before August 1,                                                         
1984.                                                                                                                           
   * Sec. 5. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
      PERSONAL USE CABIN PERMITS THAT EXPIRED ON OR                                                                             
AFTER JANUARY 1, 2020, AND BEFORE THE EFFECTIVE                                                                                 
DATE OF THIS ACT. (a) The Department of Natural Resources shall                                                                 
allow an immediate family member of the holder of a personal use                                                                
cabin permit that allowed the holder to use an existing cabin that was                                                          
placed on state land that was issued by the Department of Natural                                                               
Resources under regulations adopted by the department in 1984 and                                                               
amendments to those regulations that were adopted in 1993, 2001, and                                                            
2018 that expired on or after January 1, 2020, and before the effective                                                         
date of this Act, because of the death of the original permit holder, to                                                        
assume the former privileges of the expired permit as provided under                                                            
sec. 4(a)(2) of this Act as though the permit had not expired.                                                                  
      (b)  Notwithstanding sec. 4(c)(2) of this Act, for an immediate                                                           
family member of a personal use cabin permit holder to assume the                                                               
former privileges of an expired permit under (a) of this section, the                                                           
immediate family member must apply to the Department of Natural                                                                 
Resources within 60 days after the effective date of this section.                                                              
      (c)  In calculating the period for which an immediate family                                                              
member may assume the former privileges of an expired permit under                                                              
(a) of this section, the Department of Natural Resources shall count the                                                        
period after January 1, 2020, that the original permit holder was                                                               
deceased against the period the family member may assume the former                                                             
privileges of the expired permit.                                                                                               
   * Sec. 6. Sections 4 and 5 ofthis Act take effect immediately under                                                        
AS 01.10.070(c)."                                                                                                               
                                                                                                                                
Senator Stevens moved for the adoption of Amendment No. 4.                                                                      
Senator Begich objected, then withdrew his objection. There being no                                                            
further objection, Amendment No. 4 was adopted.                                                                                 
                                                                                                                                

2022-05-18                     Senate Journal                      Page 2996
CS FOR HOUSE BILL NO. 349(RES) am S(efd add S) was                                                                              
automatically in third reading.                                                                                                 
                                                                                                                                
Senator Reinbold moved and asked unanimous consent to abstain from                                                              
voting due to a conflict of interest. Objections were heard and Senator                                                         
Reinbold was required to vote.                                                                                                  
                                                                                                                                
The question being: "Shall CS FOR HOUSE BILL NO. 349(RES)                                                                       
am S(efd add S) "An Act relating to the establishment of oil and gas                                                            
drilling units, spacing, and patterns; providing for the transfer of and                                                        
addition of names to a personal use cabin permit for a cabin on state                                                           
land; and providing for an effective date" pass the Senate?" The roll                                                           
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 349(RES) am S(efd add S)                                                                                                   
Third Reading - Final Passage                                                                                                   
Effective Date(s)                                                                                                               
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Costello, Gray-Jackson, Holland, Hughes,                                                                 
Kawasaki, Kiehl, Micciche, Myers, Olson, Reinbold, Revak, Shower,                                                               
Stedman, Stevens, von Imhof, Wielechowski, Wilson                                                                               
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, CS FOR HOUSE BILL NO. 349(RES) am S(efd add S) passed                                                                   
the Senate.                                                                                                                     
                                                                                                                                
Senator Hughes moved and asked unanimous consent the vote on the                                                                
passage of the bill be considered the vote on the effective date                                                                
clause(s). Without objection, it was so ordered and the bill was                                                                
referred to the Secretary for engrossment.