Legislature(2025 - 2026)

2026-05-18 House Journal

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2026-05-18                     House Journal                      Page 2764
SB 180                                                                                                                        
The Speaker stated that, without objection, the following, which was                                                            
held from the May 17 calendar (page 2740), would be taken up first                                                              
and was read the second time:                                                                                                   
                                                                                                                                
     CS FOR SENATE BILL NO. 180(L&C)                                                                                            
     "An Act relating to the regulation of liquefied natural gas import                                                         
     facilities by the Regulatory Commission of Alaska; and providing                                                           
     for an effective date."                                                                                                    
                                                                                                                                
with the:                                                      Journal Page                                                     
                                                                                                                                
 L&C RPT HCS(L&C) NEW TITLE 2DP 3NR 1AM                                 2570                                                    
 FN1: ZERO(CED)                                                         2570                                                    
                                                                                                                                
Representative Kopp moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 180(L&C)                                                                               
     "An Act relating to the development of the Susitna River power                                                             
     project by the Alaska Energy Authority; relating to the regulation                                                         
     of liquefied natural gas import facilities by the Regulatory                                                               
     Commission of Alaska; and providing for an effective date."                                                                
                                                                                                                                
     (HCR 20 – title change resolution)                                                                                         

2026-05-18                     House Journal                      Page 2765
Representative Frier objected.                                                                                                  
                                                                                                                                
The question being:  "Shall the House adopt HCS CSSB 180(L&C)?"                                                                 
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSSB 180(L&C)                                                                                                                   
Second Reading                                                                                                                  
Adopt Labor & Commerce HCS                                                                                                      
                                                                                                                                
YEAS:  28   NAYS:  10   EXCUSED:  0   ABSENT:  2                                                                              
                                                                                                                                
Yeas:  Bynum, Costello, Coulombe, Dibert, Eischeid, Elam, Fields,                                                               
Galvin, Hall, Himschoot, Holland, Jimmie, Johnson, Kopp, McCabe,                                                                
D.Nelson, G.Nelson, Prax, Ruffridge, Saddler, Schrage, Schwanke, St.                                                            
Clair, Story, Stutes, Tomaszewski, Underwood, Vance                                                                             
                                                                                                                                
Nays:  Carrick, Edgmon, Foster, Frier, Gray, Hannan, Josephson,                                                                 
Mears, Mina, Stapp                                                                                                              
                                                                                                                                
Absent:  Allard, Moore                                                                                                          
                                                                                                                                
Jimmie changed from "NAY" to "YEA"                                                                                              
                                                                                                                                
And so, HCS CSSB 180(L&C) was adopted                                                                                           
                                                                                                                                
Amendment No. 1 was offered  by Representative Gray:                                                                             
                                                                                                                                
Page 1, line 1, following "Act" (title amendment):                                                                            
     Insert "establishing an income tax on certain entities producing                                                         
or transporting oil or gas in the state;"                                                                                     
                                                                                                                                
Page 1, following line 4:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Section 1. AS 43.20 is amended by adding a new section to read:                                                            
         Sec. 43.20.019. Tax on income of certain oil and gas pass-                                                           
     through entities. (a) Each taxable year, a tax is imposed on the                                                         
     entire taxable income derived from sources in the state of every                                                           
     qualified entity. The tax is computed as follows:                                                                          
  If the taxable income is:    Then the tax is:                                                                                 
  Less than $1,000,000     zero                                                                                                 
  $1,000,000 but less than $2,000,000  5 percent of the                                                                         
        taxable income over $1,000,000                                                                                          
  $2,000,000 but less than $3,000,000  $50,000 plus 6                                                                           

2026-05-18                     House Journal                      Page 2766
             percent of the                                                                                                     
        taxable income over $2,000,000                                                                                          
  $3,000,000 but less than $4,000,000  $110,000 plus 7                                                                          
            percent of the                                                                                                      
        taxable income over $3,000,000                                                                                          
  $4,000,000 but less than $5,000,000  $180,000 plus 8                                                                          
            percent of the                                                                                                      
        taxable income over $4,000,000                                                                                          
  $5,000,000 or more      $260,000 plus 9.4                                                                                     
            percent of the                                                                                                      
        taxable income over $5,000,000.                                                                                         
         (b)  For purposes of calculating taxable income under this                                                             
     section,                                                                                                                   
              (1)  taxable income of a qualified entity is determined                                                           
     under AS 43.20.144 as if the qualified entity were taxable as a C                                                          
     corporation, as defined by 26 U.S.C. 1361(a)(2) (Internal Revenue                                                          
     Code), as that section read on January 1, 2026;                                                                            
              (2)  notwithstanding AS 43.20.021 and AS 43.20.036, a                                                             
     qualified entity may not apply as a credit or deduction against tax                                                        
     liability a credit or deduction allowed as to federal taxes under 26                                                       
     U.S.C. (Internal Revenue Code), except that the qualified entity                                                           
     may take a credit or deduction allowed for a C corporation under                                                           
     (1) of this subsection.                                                                                                    
         (c)  The tax under this section does not apply to a corporation                                                        
     subject to tax under AS 43.20.011 or to an entity that is part of a                                                        
     unitary business with a corporation subject to tax under                                                                   
     AS 43.20.011.                                                                                                              
         (d)  A public corporation is exempt from the tax under this                                                            
     section. If a qualified entity is held in part by a public corporation,                                                    
     income in proportion to the ownership interest held by the public                                                          
     corporation is exempt from the tax under this section. The                                                                 
     department may direct each owner of a qualified entity that is                                                             
     owned in part by the Alaska Gasline Development Corporation                                                                
     (AS 31.25) to file a return with the department. Notwithstanding                                                           
     AS 40.25.100(a) and AS 43.05.230(a), a return filed by the Alaska                                                          
     Gasline Development Corporation under this subsection is a                                                                 
     public record and is not confidential.                                                                                     
         (e)  For the purpose of determining the tax due under this                                                             
     section, the department shall                                                                                              
              (1)  aggregate the taxable income of two or more entities                                                         

2026-05-18                     House Journal                      Page 2767
     if the department determines that, without the provisions of this                                                          
     section, the taxable income would reasonably be expected to be                                                             
     attributed to a single entity;                                                                                             
              (2)  except as provided in (c) of this section, include in                                                        
     the calculation of taxable income of the qualified entity income                                                           
     that is attributable to an entity that is part of a unitary business                                                       
     with the qualified entity paying tax under this section; and                                                               
              (3)  adopt regulations to prevent evasion of taxes imposed                                                        
     under this section.                                                                                                        
         (f)  For purposes of calculating income under this section, a                                                          
     qualified entity may deduct from income a payment to the                                                                   
     shareholder, owner, member, or partner of the qualified entity, if                                                        
              (1)  the shareholder, owner, member, or partner is a                                                              
     taxpayer under this chapter;                                                                                               
              (2)  the payment does not include a transfer of property;                                                         
              (3)  the payment is included in the shareholder's, owner's,                                                       
       member's, or partner's income for purposes of this chapter; and                                                         
              (4)  the payment was not made with the specific intent to                                                         
     reduce or evade the payment of tax under this chapter.                                                                     
         (g)  In this section,                                                                                                  
              (1)  "carbon capture" and "carbon storage" have the                                                               
     meanings given in AS 43.55.165(e)(23);                                                                                     
              (2)  "pipeline" means a pipeline that transports oil or gas                                                       
     from north of 68 degrees North latitude to a location outside of the                                                       
     lease or property where the oil or gas is produced for the direct                                                          
     purpose of sale and delivery of the oil or gas to a commercial                                                             
     market;                                                                                                                    
              (3)  "qualified entity"                                                                                           
                   (A)  means a sole proprietorship, partnership, limited                                                       
         liability company, or entity that has elected to file federal                                                          
         returns under 26 U.S.C. 1361 - 1379 (Internal Revenue Code)                                                            
         that                                                                                                                   
                       (i)  has taxable income;                                                                                 
                       (ii)  owns, operates, manages, or controls an                                                            
              entity that has taxable income;                                                                                   
                       (iii)  holds an ownership, investment, or similar                                                        
              interest in an entity that has taxable income; or                                                                
                       (iv)  owns an operating right, operating interest,                                                       
              or working interest in a mineral interest of an entity with                                                       
              taxable income;                                                                                                   

2026-05-18                     House Journal                      Page 2768
                   (B)  does not include a natural person;                                                                     
              (4)  "taxable income" means income                                                                                
                   (A)  from the production of oil or gas from a lease or                                                       
         property in the state;                                                                                                 
                   (B)  from the transportation of oil or gas by pipeline                                                       
         in the state;                                                                                                          
                   (C)  from the supply of oil or gas for transportation                                                        
         by pipeline in the state, whether directly, to an intermediary,                                                        
         or as an intermediary;                                                                                                 
                   (D)  from gas treatment, carbon capture, or carbon                                                           
         storage activities in the state;                                                                                       
                   (E)  from liquefied natural gas processing in the state;                                                     
                   (F)  from the marine transportation of liquefied                                                             
         natural gas produced in the state; and                                                                                 
                   (G)  of an entity that is part of a unitary business with                                                    
         a carrier or producer paying tax under this section as provided                                                        
         under (e)(2) of this section.                                                                                          
   * Sec. 2. AS 43.20.030(a) is amended to read:                                                                              
         (a)  If a taxpayer [CORPORATION], or a partnership that                                                            
     has a taxpayer [CORPORATION] as a partner, is required to                                                              
     make a return under the provisions of the Internal Revenue Code,                                                           
     the taxpayer [IT] shall file with the department, within 30 days                                                       
     after the federal return is required to be filed, a return setting out                                                     
              (1)  the amount of tax due under this chapter, less credits                                                       
     claimed against the tax; and                                                                                               
              (2)  other information for the purpose of carrying out the                                                        
     provisions of this chapter that the department requires.                                                                   
   * Sec. 3. AS 43.20.031(i) is amended to read:                                                                              
         (i)  A taxpayer that [CORPORATION WHICH] is a member                                                               
     of a group of unitary corporations or entities that [WHICH]                                                            
     collectively has income from business activity taxable both inside                                                         
     and outside the state, or income from other sources both inside                                                            
     and outside the state, shall determine its income from sources in                                                          
     this state by use of the combined method of accounting."                                                                   
                                                                                                                                
Page 1, line 5:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 4"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2026-05-18                     House Journal                      Page 2769
Page 1, following line 8:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Sec. 6. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
     APPLICABILITY: OIL AND GAS ENTITY TAX. The tax                                                                             
established under AS 43.20.019, added by sec. 1 of this Act, applies to                                                         
a qualified entity for a tax year beginning on or after January 1, 2026.                                                        
In this section, "qualified entity" has the meaning given in                                                                    
AS 43.20.019(g), added by sec. 1 of this Act.                                                                                   
   * Sec. 7. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     TRANSITION: PAYMENT OF TAX. A person subject to the tax                                                                    
levied under AS 43.20.019, added by sec. 1 of this Act, before the                                                              
effective date of sec. 1 of this Act, shall pay the balance of the tax due                                                      
for a tax year ending before January 1, 2027, by January 1, 2027. Until                                                         
January 1, 2027, the Department of Revenue shall waive interest that                                                            
would otherwise accrue under AS 43.05.225 and civil and criminal                                                                
penalties accruing under AS 43.05.220, 43.05.245, and 43.05.290, that                                                           
are a result of the retroactivity of secs. 1 - 3 of this Act.                                                                   
   * Sec. 8. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     RETROACTIVITY OF REGULATIONS. Notwithstanding a                                                                            
contrary provision of AS 44.62.240, if the Department of Revenue                                                                
expressly designates in a regulation that the regulation applies                                                                
retroactively to a specific date, a regulation adopted by the Department                                                        
of Revenue to implement, interpret, make specific, or otherwise carry                                                           
out secs. 1 - 3 of this Act applies retroactively to that date.                                                                 
   * Sec. 9. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     RETROACTIVITY. Sections 1 - 3, 6, and 7 of this Act are                                                                    
retroactive to January 1, 2026."                                                                                                
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Gray moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                

2026-05-18                     House Journal                      Page 2770
Representative Gray moved and asked unanimous consent to withdraw                                                               
Amendment No. 1. There being no objection, it was so ordered.                                                                   
                                                                                                                                
Amendment No. 2 was offered  by Representative Kopp:                                                                             
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
     Delete "development of the Susitna River power project by the                                                            
Alaska Energy Authority"                                                                                                      
     Insert "taxation of certain natural gas project property and                                                             
related facilities; relating to local contributions for public school                                                         
funding; relating to municipal property taxes; relating to the                                                                
Alaska Gasline Development Corporation; relating to revenue                                                                   
from a North Slope natural gas project; relating to revenue                                                                   
received from the state's royalty gas; relating to an alternative                                                             
volumetric tax on natural gas throughput; relating to agreements                                                              
related to a natural gas project and a designated community                                                                   
impact fund; relating to the regulation of liquefied natural gas                                                              
import facilities by the Regulatory Commission of Alaska; relating                                                            
to an Alaska liquefied natural gas project mitigation fund"                                                                   
                                                                                                                                
Page 1, lines 5 - 9:                                                                                                            
     Delete all material and insert:                                                                                            
"* Section 1. The uncodified law of the State of Alaska is amended                                                            
by adding a new section to read:                                                                                                
     LEGISLATIVE FINDINGS. The legislature finds that the tax                                                                   
treatment in this Act is necessary to advance a major natural gas                                                               
project and to ensure that                                                                                                      
         (1)  the project maximizes the benefit to the state by ensuring                                                        
direct and affordable access to natural gas to the residents of the state;                                                      
and                                                                                                                             
         (2)  communities affected by the natural gas project are                                                               
protected from the negative effects of the project.                                                                             
   * Sec. 2. AS 14.17.510 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (d)  In this section, the full and true value of the taxable real                                                      
     and personal property does not include property subject to the                                                             
     alternative volumetric tax levied under AS 43.59.                                                                          
   * Sec. 3. AS 14.17.990(6) is amended to read:                                                                              
              (6)  "local contribution"                                                                                         
                   (A)  means appropriations and the value of in-kind                                                       

2026-05-18                     House Journal                      Page 2771
         services made by a district;                                                                                           
                   (B)  does not include revenue from the alternative                                                       
         volumetric tax levied by the municipality under AS 43.59;                                                          
   * Sec. 4. AS 29.45.080(c) is amended to read:                                                                              
         (c)  A municipality may levy and collect a tax on the full and                                                         
     true value of that portion of taxable property taxable under                                                               
     AS 43.56 as assessed by the Department of Revenue which value,                                                             
     when combined with the value of property otherwise taxable by                                                              
     the municipality, does not exceed the product of the percentage                                                            
     determined in (f) of this section of the average per capita assessed                                                       
     full and true value of property in the state multiplied by the                                                             
     number of residents of the taxing municipality. Property subject                                                       
     to the alternative volumetric tax levied under AS 43.59.020 is                                                         
     not included in the value of property for the purpose of                                                               
     making the calculation under this subsection.                                                                          
   * Sec. 5. AS 31.25.010 is amended to read:                                                                                 
         Sec. 31.25.010. Structure. The Alaska Gasline Development                                                            
     Corporation is a public corporation and government                                                                         
     instrumentality acting in the best interest and as a fiduciary of                                                      
     the state for the purposes required by AS 31.25.005, located for                                                           
     administrative purposes in the Department of Commerce,                                                                     
     Community, and Economic Development, but having a legal                                                                    
     existence independent of and separate from the state. The                                                                  
     corporation may not be terminated as long as it has bonds, notes,                                                          
     or other obligations outstanding. The corporation may dissolve                                                             
     when no bonds, notes, or other obligations of the corporation or a                                                         
     subsidiary of the corporation are outstanding and the corporation                                                          
     or a subsidiary of the corporation is no longer engaged in the                                                             
     development, financing, construction, or operation of an in-state                                                          
     natural gas pipeline or an Alaska liquefied natural gas project.                                                           
     Upon termination of the corporation, its rights and property pass                                                          
     to the state.                                                                                                              
   * Sec. 6. AS 31.25.040(b) is amended to read:                                                                              
         (b)  The board shall by regulation adopted under AS 44.62                                                          
     (Administrative Procedure Act) adopt and publish procedures to                                                         
     govern the procurement by the corporation of supplies, services,                                                           
     professional services, and construction. The procurement                                                                   
     procedures must                                                                                                            
              (1)  reflect competitive bidding principles and provide                                                       
     vendors reasonable and equitable opportunities to participate                                                          

2026-05-18                     House Journal                      Page 2772
     in the procurement process;                                                                                            
              (2)  include procurement methods to meet emergency                                                            
     and extraordinary circumstances;                                                                                       
              (3)  comply with the five percent preference under                                                            
     AS 36.30.321(a); and                                                                                                   
              (4)  provide for an Alaska veterans' preference that is                                                       
      consistent with the Alaska veterans' preference in AS 36.30.175.                                                         
   * Sec. 7. AS 31.25.080(a) is amended to read:                                                                              
         (a)  In addition to other powers granted in this chapter, the                                                          
     corporation may                                                                                                            
              (1)  determine the form of ownership and the operating                                                            
     structure of an in-state natural gas pipeline developed by the                                                             
     corporation and may, subject to AS 31.25.120(b), enter into                                                            
     agreements with other persons for joint ownership, joint operation,                                                        
     or both of an in-state natural gas pipeline or an Alaska liquefied                                                         
     natural gas project;                                                                                                       
              (2)  plan, finance, construct, develop, acquire, maintain,                                                        
     and operate a pipeline system and other transportation mechanism,                                                          
     including pipelines, compressors, storage facilities, and other                                                            
     related facilities, equipment, and works of public improvement, in                                                         
     the state to facilitate production, transportation, and delivery of                                                        
     natural gas or other related natural resources to the point of                                                             
        consumption or to the point of distribution for consumption;                                                           
              (3)  lease or rent facilities, structures, and properties;                                                        
              (4)  exercise the power of eminent domain and file a                                                              
     declaration of taking under AS 09.55.240 - 09.55.460 to acquire                                                            
     land or an interest in land that is necessary for an in-state natural                                                      
     gas pipeline or an Alaska liquefied natural gas project; the                                                               
     exercise of powers by the corporation under this paragraph may                                                             
       not exceed the permissible exercise of the powers by the state;                                                         
              (5)  acquire, by purchase, lease, or gift, land, structures,                                                      
     real or personal property, an interest in property, a right-of-way, a                                                      
     franchise, an easement, or other interest in land, or an interest in or                                                    
     right to capacity in a pipeline system determined to be necessary                                                          
     or convenient for the development, financing, construction, or                                                             
     operation of an in-state natural gas pipeline project or an Alaska                                                         
     liquefied natural gas project or part of an in-state natural gas                                                           
     pipeline project or an Alaska liquefied natural gas project;                                                               
              (6)  subject to AS 31.25.120(b), transfer or otherwise                                                        
     dispose of all or part of an in-state natural gas pipeline project, an                                                     

2026-05-18                     House Journal                      Page 2773
     Alaska liquefied natural gas project, or an interest in an asset of                                                        
     the corporation;                                                                                                           
              (7)  elect to provide transportation of natural gas as a                                                          
     contract carrier, common carrier, or otherwise;                                                                            
              (8)  provide light, water, security, and other services for                                                       
     property of the corporation;                                                                                               
              (9)  conduct hearings to gather and develop data                                                                  
     consistent with the purpose and powers of the corporation;                                                                 
              (10)  advocate for new pipeline capacity before the                                                               
     Federal Energy Regulatory Commission;                                                                                      
              (11)  make and execute agreements, contracts, and other                                                           
     instruments necessary or convenient in the exercise of the powers                                                          
     and functions of the corporation under this chapter, including a                                                           
     contract with a person, firm, corporation, governmental agency, or                                                         
     other entity;                                                                                                              
              (12)  sue and be sued in its own name;                                                                            
              (13)  adopt an official seal;                                                                                     
              (14)  adopt bylaws for the regulation of its affairs and the                                                      
     conduct of its business and adopt regulations and policies in                                                              
     connection with the performance of its functions and duties;                                                               
              (15)  employ fiscal consultants, engineers, attorneys,                                                            
     appraisers, and other consultants and employees that may, in the                                                           
     judgment of the corporation, be required and fix and pay their                                                             
     compensation from funds available to the corporation;                                                                      
              (16)  procure insurance against a loss in connection with                                                         
     its operation;                                                                                                             
              (17)  borrow money as provided in this chapter to carry                                                           
     out its corporate purposes and issue its obligations as evidence of                                                        
     borrowing;                                                                                                                 
              (18)  include in a borrowing the amounts necessary to pay                                                         
     financing charges, to pay interest on the obligations, and to pay                                                          
     the interest, consultant, advisory, and legal fees, and other                                                              
     expenses that are necessary or incident to the borrowing;                                                                  
              (19)  receive, administer, and comply with the conditions                                                         
     and requirements of an appropriation, gift, grant, or donation of                                                          
     property or money;                                                                                                         
              (20)  do all acts and things necessary, convenient, or                                                            
     desirable to carry out the powers expressly granted or necessarily                                                         
     implied in this chapter;                                                                                                   
              (21)  invest or reinvest, subject to its contracts with                                                           

2026-05-18                     House Journal                      Page 2774
     noteholders and bondholders, money or funds held by the                                                                    
     corporation, including funds in the in-state natural gas pipeline                                                          
     fund (AS 31.25.100) and the Alaska liquefied natural gas project                                                           
     fund (AS 31.25.110), in obligations or other securities or                                                                 
     investments in which banks or trust companies in the state may                                                             
     legally invest funds held in reserves or sinking funds or funds not                                                        
     required for immediate disbursement, and in certificates of deposit                                                        
     or time deposits secured by obligations of, or guaranteed by, the                                                          
     state or the United States;                                                                                                
              (22)  enter into, as it determines to be necessary or                                                             
     appropriate, any swap or hedge, cap, or other contract providing                                                           
     for payments based on levels of or changes in interest rates or                                                            
     indices or in the cost or price of any commodity, supply, or                                                               
     expense expected to be used or incurred in connection with the                                                             
     acquisition, construction, or operation of any facility or property                                                        
     owned, leased, or operated by the corporation, or an option with                                                           
     respect to any of the foregoing;                                                                                           
              (23)  except as provided in (g) of this section, acquire an                                                       
     ownership or participation interest in an Alaska liquefied natural                                                         
     gas project, natural gas treatment facilities, natural gas pipeline                                                        
     facilities, liquefaction facilities, marine terminal facilities related                                                    
     to the infrastructure of an Alaska liquefied natural gas project, or                                                       
     an entity or joint venture that has an ownership interest in or is                                                         
     engaged in the planning, financing, acquisition, maintenance,                                                              
     construction, and operation of an Alaska liquefied natural gas                                                             
     project;                                                                                                                   
              (24)  after consultation with the commissioner of revenue                                                         
     and the commissioner of natural resources, enter into contracts                                                            
     relating to an Alaska liquefied natural gas project, including                                                             
     contracts for services related to operation, marketing,                                                                    
     transportation, gas treatment, marine terminal operation, or                                                               
     liquefaction.                                                                                                              
   * Sec. 8. AS 31.25.080 is amended by adding new subsections to                                                             
read:                                                                                                                           
         (h)  If the corporation or a subsidiary of the corporation                                                             
     negotiates with another entity to acquire an interest in an Alaska                                                         
     liquefied natural gas project, the corporation shall provide an                                                            
     opportunity for municipalities in the state to purchase a portion of                                                       
     the corporation's right to acquire additional equity interest in the                                                       
     natural gas project not exercised by the corporation, through an                                                           

2026-05-18                     House Journal                      Page 2775
     entity managed by the corporation. A municipality may not                                                                  
     acquire a direct interest in a natural gas project under this                                                              
     subsection.                                                                                                                
         (i)  The corporation shall, to the maximum extent possible,                                                            
     use contractors and suppliers in the state in order to benefit from                                                        
     the experience of workers and businesses in the state in arctic                                                            
     engineering and construction.                                                                                              
   * Sec. 9. AS 31.25.090(f) is amended to read:                                                                              
         (f)  Subject to the restrictions in this section, the [THE]                                                        
     corporation may enter into confidentiality agreements necessary to                                                         
     acquire or provide information to carry out its functions. If a state                                                      
     agency determines that a law or provision of a contract to which                                                           
     the state agency is a party requires the state agency to preserve the                                                      
     confidentiality of the information and that delivering the                                                                 
     information to the corporation would violate the confidentiality                                                           
     provision of that law or contract, the state agency shall                                                                  
              (1)  identify the applicable law or contract provision to                                                         
     the corporation; and                                                                                                       
              (2)  obtain the consent of the person who has the right to                                                        
     waive the confidentiality of the information under the applicable                                                          
     law or contract provision before the state agency transfers the                                                            
     information to the corporation.                                                                                            
   * Sec. 10. AS 31.25.090 is amended by adding new subsections to                                                            
read:                                                                                                                           
         (j)  The parties to a confidentiality agreement entered into                                                           
     under (f) of this section may agree to waive confidentiality, in                                                           
     whole or in part, to allow the release of information to a legislator                                                      
     or a public agent or for publication. Information released under                                                           
     this subsection may include reasonable redactions. Information                                                             
     released under this subsection may include                                                                                 
              (1)  a contract or agreement or a specific term of a                                                              
     contract or agreement;                                                                                                     
              (2)  a pending contract or agreement or a specific term of                                                        
     a pending contract or agreement;                                                                                           
              (3)  a record, file, or other information in possession of                                                        
     the corporation, a subsidiary of the corporation, or an entity                                                             
     partnered with the corporation; or                                                                                         
              (4)  the confidentiality agreement or terms of the                                                                
     confidentiality agreement.                                                                                                 
         (k)  Notwithstanding (g) or (j) of this section, information                                                           

2026-05-18                     House Journal                      Page 2776
     subject to a confidentiality agreement entered into by the                                                                 
     corporation may be discussed in a legislative committee in regular                                                         
     or executive session if all parties to the confidentiality agreement                                                       
     consent to the session, the consent is lawful, and one or more of                                                          
     the consenting parties is available to testify at the session.                                                             
         (l)  A confidentiality agreement entered into under (f) of this                                                        
     section may not                                                                                                            
              (1)  prevent compliance with an administrative or court                                                           
     order mandating disclosure;                                                                                                
              (2)  make confidential contract terms, or prospective                                                             
     contract terms, that bind the corporation, a subsidiary of the                                                             
     corporation, or an entity with which the corporation, or a                                                                 
     subsidiary of the corporation, has a legal relationship to assume                                                          
     fiscal or performance liability, obligation, or risk that could extend                                                     
     to or encumber the state with that fiscal or performance liability,                                                        
     obligation, or risk, either directly or indirectly; in this paragraph,                                                     
     "legal relationship" means a partnership, joint venture, joint                                                             
     ownership agreement, or other legally binding business                                                                     
     arrangement formed for the purpose of shared ownership or                                                                  
     management of, or pooling of resources for, an entity in which the                                                         
     corporation, or a subsidiary of the corporation, has an ownership                                                          
     or management interest;                                                                                                    
              (3)  except as provided in (m) of this section, make                                                              
     confidential information that may lead to                                                                                  
                   (A)  a significant fiscal liability, obligation, or risk to                                                  
         the state; or                                                                                                          
                   (B)  appropriations or other state funding or in-kind                                                        
         payments or services from the state;                                                                                   
              (4)  make confidential contract terms governing the                                                               
     ownership or management structure of a subsidiary of the                                                                   
     corporation; or                                                                                                            
              (5)  make confidential information related to a state                                                             
     interest option under AS 31.25.125.                                                                                        
         (m)  A confidentiality agreement entered into under (f) of this                                                        
     section may make confidential specific known or reasonably                                                                 
     anticipated project economics or costs related to the Alaska                                                               
     liquefied natural gas project only if the parties to the contract                                                          
     agree                                                                                                                      
              (1)  that release of the project economics or costs would                                                         
     cause commercial or competitive harm to an entity involved in the                                                          

2026-05-18                     House Journal                      Page 2777
     Alaska liquefied natural gas project; and                                                                                  
              (2)  to release reasonable estimated ranges or a                                                                  
     summarization of project economics and costs sufficient for a                                                              
     legislator or a public agent to assess the fiscal liability, obligation,                                                   
     or risk to the state.                                                                                                      
         (n)  In this section, "public agent" means                                                                             
              (1)  a public agency, as defined in AS 40.25.220, or an                                                           
     agent or contractor of a public agency;                                                                                    
              (2)  an agent or contractor of a member of the legislature                                                        
     or of a legislative committee.                                                                                             
   * Sec. 11. AS 31.25.120 is amended by adding a new subsection to                                                           
read:                                                                                                                           
         (b)  Unless the legislature approves the action by law, the                                                            
     corporation may not transfer, sell, or otherwise dispose of an                                                             
     ownership or management interest in a subsidiary of the                                                                    
     corporation.                                                                                                               
   * Sec. 12. AS 31.25 is amended by adding a new section to read:                                                            
         Sec. 31.25.125. Involvement in revenue-generating                                                                    
     projects. (a) If the corporation negotiates with another entity for                                                      
     participation by the corporation in a revenue-generating project,                                                          
     the corporation shall negotiate an option for the state to acquire an                                                      
     interest in the project. The corporation shall immediately notify                                                          
     the president of the senate, the speaker of the house of                                                                   
     representatives, and the chairs of the finance committee of each                                                           
     house of the legislature on each occasion that an option is                                                                
     available for consideration by the legislature under (b)(1) of this                                                        
     section.                                                                                                                   
         (b)  An option negotiated under this section must                                                                      
              (1)  before being agreed to, be approved by the legislature                                                       
     by law; and                                                                                                                
              (2)  allow the state to exercise the option for at least six                                                      
     months after notification of the legislature under (d) of this                                                             
     section.                                                                                                                   
         (c)  At the request of the legislature, a state agency shall                                                           
     cooperate with and assist the legislature in determining whether to                                                        
     approve under (b)(1) of this section the terms of an option                                                                
     negotiated under (a) of this section.                                                                                      
         (d)  The corporation shall immediately notify the president of                                                         
     the senate, the speaker of the house of representatives, and the                                                           
     chairs of the finance committee of each house of the legislature on                                                        

2026-05-18                     House Journal                      Page 2778
     each occasion that the state may exercise an option negotiated                                                             
     under (a) of this section. The corporation shall notify the                                                                
     legislature under this subsection on the later of the date that                                                            
              (1)  the corporation determines, with reasonable                                                                  
     assurance and considering the totality of circumstances, including                                                         
     review of all relevant financial information, that the revenue-                                                            
     generating project will be completed, with or without state                                                                
     investment; or                                                                                                             
              (2)  a final investment decision is made for the revenue-                                                         
     generating project.                                                                                                        
         (e)  The state may not acquire an interest in a revenue-                                                               
     generating project under this section unless the interest is                                                               
     approved by the legislature by law. When making an investment                                                              
     decision under this section, the legislature shall act as a prudent                                                        
     investor.                                                                                                                  
         (f)  The Department of Revenue shall cooperate with and                                                                
     assist the legislature in determining whether to acquire an interest                                                       
     in a revenue-generating project under (e) of this section by                                                               
     exercising an option negotiated under (a) of this section, including                                                       
     by identifying potential funding sources for exercising the option                                                         
     and potential fiscal effects on the state. If requested by the                                                             
     legislature, another state agency shall cooperate with and assist the                                                      
     legislature with making a determination under (e) of this section.                                                         
         (g)  The corporation, and any other entity participating in a                                                          
     revenue-generating project, shall                                                                                          
              (1)  cooperate with and assist the legislature in                                                                 
     determining whether to approve the terms of an option negotiated                                                           
     under (a) of this section or to acquire an interest in the project by                                                      
     exercising an option negotiated under this section;                                                                        
              (2)  provide information requested by the legislature                                                             
     related to the project, including                                                                                          
                   (A)  information necessary for the legislature to act as                                                     
         a prudent investor; and                                                                                                
                   (B)  financial records of or related to the revenue-                                                         
         generating project; and                                                                                                
              (3)  ensure that at least one representative of the                                                               
     corporation and of each participating entity are available to testify                                                      
     during public hearings of legislative committees requesting                                                                
     testimony.                                                                                                                 
         (h)  In this section,                                                                                                  

2026-05-18                     House Journal                      Page 2779
              (1)  "corporation" includes a subsidiary of the                                                                   
     corporation; notwithstanding the definition of "subsidiary of the                                                          
     corporation" in AS 31.25.390, a subsidiary of a corporation does                                                           
     not include a partially owned subsidiary for purposes of this                                                              
     section;                                                                                                                   
              (2)  "revenue-generating project" means a project, entity                                                         
     ownership, legal business arrangement, partnership, joint venture,                                                         
     or other commercial endeavor expected to generate revenue.                                                                 
   * Sec. 13. AS 31.25.130(a) is amended to read:                                                                             
         (a)  Except as otherwise provided in this chapter and                                                              
     except for AS 44.62.310 - 44.62.319 (Open Meetings Act),                                                               
     AS 44.62 (Administrative Procedure Act) does not apply to this                                                             
     chapter. The corporation shall make available to members of the                                                            
     public copies of the regulations adopted under (b) - (e) of this                                                           
     section.                                                                                                                   
   * Sec. 14. AS 31.25 is amended by adding a new section to article 1                                                        
to read:                                                                                                                        
         Sec. 31.25.145. Accounting. (a) The corporation shall deposit                                                        
     into separate accounts in the general fund revenue                                                                         
              (1)  generated by a subsidiary of the corporation; and                                                            
              (2)  resulting from an option negotiated under                                                                    
     AS 31.25.125.                                                                                                              
         (b)  The legislature may appropriate the annual estimated                                                              
     balance in the accounts for operations of the corporation or for any                                                       
     other purpose.                                                                                                             
   * Sec. 15. AS 31.25.160 is amended by adding a new subsection to                                                           
read:                                                                                                                           
         (g)  The corporation, or a subsidiary of the corporation, may                                                          
     issue bonds only if the legislature approves issuance of the bonds.                                                        
     The limitation in this section does not apply                                                                              
              (1)  to refunding bonds; refunding bonds may be issued                                                            
     without further approval by the legislature in a principal amount                                                          
     sufficient to provide funds for the payment of all bonds to be                                                             
     refunded by the refunding bonds and, in addition, for the payment                                                          
     of all other amounts that the corporation considers appropriate in                                                         
     connection with the refunding, including expenses incident to the                                                          
     redeeming, calling, retiring, or paying of the outstanding bonds,                                                          
     the funding of reserves, and the issuance of the refunding bonds;                                                          
     or                                                                                                                         
              (2)  if the total outstanding bonds of the corporation are                                                        

2026-05-18                     House Journal                      Page 2780
     less than $5,000,000.                                                                                                      
   * Sec. 16. AS 31.25 is amended by adding a new section to read:                                                            
         Sec. 31.25.285. Legislative notification of ownership                                                                
     change. (a) The corporation shall promptly notify the president of                                                       
     the senate, the speaker of the house of representatives, and the                                                           
     chairs of the finance committee of each house of the legislature if                                                        
              (1)  an entity in a legal relationship with the corporation,                                                      
     or a subsidiary of the corporation, has a significant change in                                                            
     ownership structure; or                                                                                                    
              (2)  the corporation becomes aware that an entity in a                                                            
     legal relationship with the corporation, or a subsidiary of the                                                            
     corporation, plans to make a significant change in ownership                                                               
     structure.                                                                                                                 
         (b)  In this section, "legal relationship" means a partnership,                                                        
     joint venture, joint ownership agreement, or other legally binding                                                         
     business arrangement                                                                                                       
              (1)  of which the corporation, or a subsidiary of the                                                             
     corporation, has at least a 10 percent interest; or                                                                        
              (2)  that has an interest in a third entity in which the                                                          
     corporation, or a subsidiary of the corporation, also has at least a                                                       
     10 percent interest; and                                                                                                   
              (3)  that formed for the purpose of shared ownership or                                                           
     shared management of, or pooling of resources for, an entity in                                                            
     which the corporation, or a subsidiary of the corporation, has an                                                          
     ownership or management interest.                                                                                          
   * Sec. 17. AS 31.25.390 is amended by adding a new paragraph to                                                            
read:                                                                                                                           
              (8)  "subsidiary of the corporation" includes a subsidiary                                                        
     partially owned by the corporation.                                                                                        
   * Sec. 18. AS 37.14 is amended by adding a new section to read: