Legislature(2011 - 2012)FAHRENKAMP 203
04/13/2012 08:00 AM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB314 | |
| HB9 | |
| HB264 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | HB 314 | ||
| = | HB 264 | ||
| = | HB 9 | ||
HB 9-IN-STATE GASLINE DEVELOPMENT CORP
8:57:41 AM
CHAIR OLSON announced the consideration of HB 9.
8:57:50 AM
DAVID SCOTT, Staff for Senator Olson, Alaska State Legislature,
noted that the new Senate committee substitute (CS) for CSHB 9
was version J.
8:58:09 AM
SENATOR ELLIS moved Senate CS for CSHB 9, 27-LS0075\J, be
considered the item before the committee.
8:58:17 AM
CHAIR OLSON announced that without objection, version J was
adopted as a working document.
8:58:30 AM
MR. SCOTT reviewed the Senate CS sectional and said the intent
was to pare the bill down to the bare minimum that the Alaska
Gasline Development Corporation (AGDC) required to get to open
season and allow funds to be spent from last year's
appropriation.
SECTION 1
- Adds a new section to AS 18.56, Alaska
Housing Finance Corporation (AHFC),
relating to AGDC's duties and
abilities.
• Empowered to construct, own, operate
and manage pipelines throughout the
state, while removing the specific
reference to the project in the July
2011 report from AGDC.
• Added legislation authorization prior
to construction.
• Authorization to acquire land and
other interest in property.
• Creates the in-state gas pipeline
fund, which enables AGDC to use the
$200 million appropriated by the
legislature in 2011.
• Shipping commitments resulting from
an open season shall be reported to
both presiding officers and published
online within 10 days.
• Removed authorization to operate as a
contract carrier.
• Removed authorization to issue bonds
and incur debt.
SECTION 2
- Adds a new section to 36.30 to exempt
Alaska Natural Gas Development Authority
(ANGDA) from the state procurement code
when contracting for professional
services.
SECTION 3
- Amends 38.34.050(a) to provide ADGC access
to information of state agencies that is
directly related to designing,
constructing and operation an in-state
gasline and to protect existing
confidentiality of information held by
state agencies.
SECTION 4
- Amends 38.34.050(b), which in current
statute directs state agencies to
cooperate with and give priority to
information requests from the Joint In-
State Gasline Development Team. The
section replaces the reference to (JIGDT)
with a direct reference to AGDC, to
reflect the reorganization of the agency.
SECTION 5
- Adds a new section to 38.34.050 to allow
AGDC to disclose information unless the
info discloses particular business or
private information.
- Specifies that an agreement to sell or
manage a pipeline is public information.
SECTION 6
- Definitions.
SECTION 7
- Amends 40.25.120(a) to exempt information
covered by an AGDC confidentiality
agreement from the state public records
act.
SECTION 8
- Amends 41.41.010(a) to enable ANGDA to act
as a gas marketer instead of a
transporter. Removes authorization for
ANGDA to design, construct, or operate
pipelines.
SECTION 9
- Amends 41.41.010(d) to clarify ANGDA as a
gas marketer both in-state and for export.
SECTION 10
- Repeals and reenacts 41.41.020 to state
that AHFC's board is now the board of
ANGDA.
SECTION 11
- Amends 41.41.060 to conform to section 10,
relates to per diem and travel expenses.
SECTION 12
- Amends 41.41.070(d) to allow ANGDA to
contract for legal counsel and exempts
this from the state procurement code.
SECTION 13
- Amends 41.41.090(b) to remove involvement
with a 'project' from the circumstances
requiring disclosure. Conforms with
section 8.
SECTION 14
- Amends 41.41.150(a) to expand ANGDA's
existing confidential records authority to
include info in a confidential agreement
between AGDC and ANGDA.
SECTION 15
- Amends 41.41.200 to remove ANGDA's
authority to exercise eminent domain.
Conforms with section 8.
SECTION 16
- Amends 41.41.990(2) to confirm that AHFC's
board is the board of ANGDA. Conforms with
section 10.
SECTION 17
- Repeals to conform with restructuring the
AGDC governance by removing the JIGDT, and
removing statutes related to ANGDA board
elections.
SECTION 18
- Repeals section 1 of the 2002 Ballot
Measure 3, which are the findings that are
no longer necessary with ANGDA's new and
limited authority.
SECTION 19
- Immediate effective date.
8:59:46 AM
SENATOR KOOKESH arrived.
9:02:50 AM
At ease 9:02:50 a.m. to 9:02:58 a.m.
9:02:58 AM
REPRESENTATIVE MIKE CHENAULT, Alaska State Legislature, prime
sponsor of HB 9, said the CS guts AGDC's ability to move forward
on an in-state gas pipeline project. He said the CS takes away
AGDC's ability to move forward with a pipeline and replaces it
by requiring legislative sanctioning. He said the vision of HB 9
was to take politics out of a gasline moving forward and the CS
puts politics right back in the middle of the project. He said
the definition of insanity was doing the same thing and
expecting a different result. He said AGDC's ability to work for
the citizens of Alaska via moving the state's only pipeline
project forward was neutered by the CS.
REPRESENTATIVE CHENAULT said a poll had indicated that Alaskans
thought a lack of leadership, vision and courage were the
reasons why the state did not have a pipeline. He said the CS
takes away AGDC's ability to get a meaningful open-season in the
quickest amount of time.
CHAIR OLSON asked about the issue to require sanctioning of the
legislature for project oversight to avoid significant cost
overruns.
9:06:41 AM
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, sponsor of
HB 9, responded that the inherent in the structure of the
original bill was to establish AGDC as a mechanism for Alaska to
have a strong position with all commercial and state
participatory gasline proposals. He said the Alaska Constitution
only allowed the legislature to appropriate funds and it was a
given for a project that required state investment to come
before the legislature. He said a strong inherent sanctioning
concept was built into the original document and requiring the
private sector to come back before the legislature for
sanctioning was inappropriate.
9:07:55 AM
SENATOR WAGONER arrived.
9:08:09 AM
CHAIR OLSON asked for comments on the CS.
REPRESENTATIVE HAWKER responded that the introduction for the CS
stated that the intent was to reduce the bill and leave the
minimum needed to get an open-season. He said the CS had taken
out critical elements that provided the state with a strong seat
and was well below the minimums needed to get to an open-season.
He said any attempt for an open-season would be considered a
farce.
He said the original AGDC concept was that it merged the voter
mandated ANGDA with AGDC. He said AGDC would be empowered to
work the pipeline project to allow ANGDA to get the gas to
market. He said the CS thwarts the will of Alaska voters by
taking away any possibility of a project coming to fruition.
CHAIR OLSON asked to verify that the Senate CS was done in
cooperation with Representative Hawker or Representative
Chenault.
REPRESENTATIVE HAWKER answered that was incorrect.
REPRESENTATIVE CHENAULT answered that was incorrect. He said
information was supplied to the Chairman's office and he did not
sit down with anyone to craft the Senate CS.
CHAIR OLSON said HB 9 would be held.
| Document Name | Date/Time | Subjects |
|---|