Legislature(2023 - 2024)
2024-04-29 House Journal
Full Journal pdf2024-04-29 House Journal Page 2501 HB 394 The following was read the second time: HOUSE BILL NO. 394 "An Act relating to the Regulatory Commission of Alaska and regulation of the service of natural gas storage and liquefied natural gas import facilities; relating to records of the Regulatory Commission of Alaska; relating to rates established by the Regulatory Commission of Alaska; and providing for an effective date." with the: Journal Page RES RPT 4DP 3AM 2108 FN1: ZERO(CED) 2108 L&C RPT CS(L&C) 5DP 2AM 2366 FN1: ZERO(CED) 2366 Representative Saddler moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 394(L&C) (same title) 2024-04-29 House Journal Page 2502 Representative Eastman objected. The question being: "Shall the House adopt CSHB 394(L&C)?" The roll was taken with the following result: HB 394 Second Reading Adopt Labor & Commerce CS YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman Excused: Shaw And so, CSHB 394(L&C) was adopted. Amendment No. 1 was offered by Representative Fields: Page 1, lines 3 - 4 (title amendment): Delete "relating to rates established by the Regulatory Commission of Alaska;" Page 2, lines 3 - 23: Delete all material. Renumber the following bill sections accordingly. Page 2, line 24: Delete "new subsections" Insert "a new subsection" Page 3, lines 3 - 4: Delete all material. 2024-04-29 House Journal Page 2503 Page 4, lines 18 - 25: Delete all material. Renumber the following bill sections accordingly. Representative Fields moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Gray objected. Representative Stapp moved and asked unanimous consent that a deadline of 12:12 p.m., today be set for CSHB 394(L&C). There was objection. The question being: "Shall an amendment deadline of 12:12 p.m., today be set for CSHB 394(L&C)?" The roll was taken with the following result: CSHB 394(L&C) Second Reading Amendment No. 1 Set amendment deadline of 12:12 p.m., today YEAS: 20 NAYS: 19 EXCUSED: 1 ABSENT: 0 Yeas: Allard, Baker, Carpenter, Cronk, Edgmon, Fields, Foster, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Prax, Rauscher, Saddler, Stapp, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Coulombe, Dibert, Eastman, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Ruffridge, Schrage, Story, Stutes, Sumner Excused: Shaw And so, the motion passed. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 394(L&C) Second Reading Amendment No. 1 2024-04-29 House Journal Page 2504 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Shaw And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Mears: Page 1, line 2 (title amendment): Delete "and liquefied natural gas import facilities" Page 1, line 7: Delete "AS 42.05.711(q), (s), and (w)" Insert "AS 42.05.711(q) and (s)" Page 3, lines 25 - 27: Delete all material. Renumber the following bill sections accordingly. Representative Mears moved and asked unanimous consent that Amendment No. 2 be adopted. Representative McKay objected. Representative Sumner moved and asked unanimous consent that a deadline of 12:25 p.m., today be set for CSHB 394(L&C). There was objection. Representative Sumner moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 2024-04-29 House Journal Page 2505 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 394(L&C) Second Reading Amendment No. 2 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Shaw And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Mears: Page 2, line 17: Delete "oil and gas fields," Page 4, line 23: Delete "oil and gas fields," Representative Mears moved and asked unanimous consent that Amendment No. 3 be adopted. Representative McKay objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 394(L&C) Second Reading Amendment No. 3 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 2024-04-29 House Journal Page 2506 Yeas: Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Prax, Rauscher, Ruffridge, Saddler, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Shaw And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Eastman: Page 4, line 4, following "section,": Insert ""service of liquefied natural gas storage" and "service of natural gas storage" have the meanings given in AS 42.05.990." Page 4, lines 5 - 17: Delete all material. Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Saddler objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 4. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Eastman: Page 4, line 9: Delete the second occurrence of "or" Page 4, following line 9: Insert a new subparagraph to read: "(B) that is incidental to the production or sale of natural gas to one or more third-party customers; or" 2024-04-29 House Journal Page 2507 Reletter the following subparagraph accordingly. Page 4, line 16: Delete the second occurrence of "or" Page 4, following line 16: Insert a new subparagraph to read: "(B) that is incidental to the production or sale of natural gas to one or more third-party customers; or" Reletter the following subparagraph accordingly. Page 5, line 6: Delete all material. Renumber the following bill section accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. There was objection. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 394(L&C) Second Reading Amendment No. 5 YEAS: 6 NAYS: 33 EXCUSED: 1 ABSENT: 0 Yeas: Eastman, Gray, Hannan, Josephson, Mears, Mina Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Groh, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Shaw And so, Amendment No. 5 was not adopted. 2024-04-29 House Journal Page 2508 Amendment No. 6 was offered by Representative Eastman: Page 3, following line 27: Insert a new bill section to read: "* Sec. 7. AS 42.05.990(10) is amended to read: (10) "service of liquefied natural gas storage" means the operation of a liquefied natural gas storage facility primarily or exclusively for the benefit of third-party customers and not for the benefit of the owner, operator, or manager of the natural gas storage facility; "service of liquefied natural gas storage" does not include the storage of liquefied natural gas (A) owned by or contractually obligated to the owner, operator, or manager of the liquefied natural gas storage facility; or (B) [THAT IS INCIDENTAL TO THE PRODUCTION OR SALE OF NATURAL GAS TO ONE OR MORE THIRD-PARTY CUSTOMERS; OR (C)] for which the price of storage is not separately itemized;" Renumber the following bill sections accordingly. Page 4, line 6, following "facility": Insert "primarily or exclusively for the benefit of third-party customers and not for the benefit of the owner, operator, or manager of the natural gas storage facility" Page 5, line 6: Delete "AS 42.05.990(10)(B) and 42.05.990(11)(B) are repealed" Insert "AS 42.05.990(11)(B) is repealed" Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. Representative McKay objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. 2024-04-29 House Journal Page 2509 Amendment No. 7 was offered by Representative Eastman: Page 4, line 20: Delete "a just and reasonable" Insert "the" Page 2, line 6: Delete "a just and reasonable" Insert "the" Representative Eastman moved and asked unanimous consent that Amendment No. 7 be adopted. Representative McKay objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 7. There being no objection, it was so ordered. Amendment No. 8 was offered by Representative Carrick: Page 1, lines 2-3 (title amendment): Delete "relating to records of the Regulatory Commission of Alaska;" Page 3, line 5 through page 3, line 13: Delete all material. Renumber the following bill sections accordingly. Page 4, line 26 through page 5, line 5 Delete all material. Renumber the following bill sections accordingly. Representative Carrick moved and asked unanimous consent that Amendment No. 8 be adopted. Representative McKay objected. 2024-04-29 House Journal Page 2510 Amendment No. 1 to Amendment No. 8 was offered by Representative Eastman: Delete all material of the amendment and insert: "Page 3, lines 6 - 13: Delete all material and insert: "Sec. 42.05.505. Records of gas storage facilities. The commission may, by regulation, classify records submitted to it related to the finances of a gas storage facility, a liquefied natural gas storage facility, or a public utility providing the service of natural gas storage, including financial statements and financial assurance agreements, as privileged records that are not open to the public for inspection. However, if a record involves an application or tariff filing pending before the commission, the commission may release the record for the purpose of preparing for or making a presentation to the commission in the proceeding if the record or information derived from the record is considered by the commission to be relevant to an issue in the proceeding, and if the record or information will be used by the commission in the proceeding. A record or information that the commission releases under this section may be released only after giving to the party that filed the record or information reasonable notice of its intention to release the record or information and opportunity to object to that release." Page 4, line 26, through page 5, line 5: Delete all material and insert: "* Sec. 9. AS 42.06.445(b) is amended to read: (b) The commission may, by regulation, classify records submitted to it by regulated pipeline carriers or pipelines, including records related to the finances of a pipeline carrier and financial statements and financial assurance agreements of a pipeline carrier, as privileged records that are not open to the public for inspection. However, if a record involves an application or tariff filing pending before the commission, the commission may release the record for the purpose of preparing for or making a presentation to the commission in the proceeding if the record or information derived from the record is considered by the commission to be relevant to an issue in the proceeding, and if the record or information will be used by the commission in the 2024-04-29 House Journal Page 2511 proceeding. A record or information that the commission releases under this subsection may be released only after giving to the party that filed the record or information reasonable notice of its intention to release the record or information and opportunity to object to that release." Renumber the following bill sections accordingly." Representative Eastman moved and asked unanimous consent that Amendment No. 1 to Amendment No. 8 be adopted. Representative McKay objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 1 to Amendment No. 8. There being no objection, it was so ordered. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 394(L&C) Second Reading Amendment No. 8 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Prax, Rauscher, Ruffridge, Saddler, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Shaw And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Sumner: Page 2, line 25, following "shall": Insert "not" 2024-04-29 House Journal Page 2512 Page 2, line 26: Delete "or export facility" Page 2, line 27: Delete "or export facility" Page 2, line 29: Delete "includes" Insert "does not include" Page 2, line 30: Delete "or export facility" Representative Sumner moved and asked unanimous consent that Amendment No. 9 be adopted. There was objection. Amendment No. 1 to Amendment No. 9 was offered by Representative Sumner: Page 1 of the amendment: Delete "Page 2, line 29: Delete "includes" Insert "does not include" Page 2, line 30: Delete "or export facility"" Representative Sumner moved and asked unanimous consent that Amendment No. 1 to Amendment No. 9 be adopted. There being no objection, Amendment No. 1 to Amendment No. 9 was adopted. Amendment No. 2 to Amendment No. 9 was offered by Representative Eastman: Page 1 of the amendment, following the final instance of "facility": Insert "Page 1, line 4, following "Alaska;" (title amendment): Insert "relating to the definition of gas;" 2024-04-29 House Journal Page 2513 Page 3, following line 27: Insert a new bill section to read: "* Sec. 7. AS 42.05.990 is amended by adding a new paragraph to read: (14) "gas" means a substance consisting primarily of combustible hydrocarbons in a gaseous or liquefied state;" Renumber the following bill sections accordingly. Page 5, following line 5: Insert a new bill section to read: "* Sec. 12. AS 42.06.630(7) is amended to read: (7) "gas" includes all combustible natural gas and hydrocarbons produced at the wellhead and not defined as oil; "gas" does not include a non-combustible gas;" Renumber the following bill sections accordingly." Representative Eastman moved and asked unanimous consent that Amendment No. 2 to Amendment No. 9 be adopted. Representative McKay objected. The question being: "Shall Amendment No. 2 to Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 394(L&C) Second Reading Amendment No. 2 to Amendment No. 9 as amended YEAS: 2 NAYS: 37 EXCUSED: 1 ABSENT: 0 Yeas: Eastman, Stutes Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Shaw And so, Amendment No. 2 to Amendment No. 9 as amended was not adopted. 2024-04-29 House Journal Page 2514 The question being: "Shall Amendment No. 9 as amended be adopted?" The roll was taken with the following result: CSHB 394(L&C) Second Reading Amendment No. 9 as amended YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Shaw And so, Amendment No. 9 as amended was adopted. Representative Saddler moved and asked unanimous consent that CSHB 394(L&C) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 394(L&C) am will advance to third reading on the May 1 calendar.