Legislature(2023 - 2024)BARNES 124

03/15/2023 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 83 CITIZEN ADVISORY COMM ON FEDERAL AREAS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 49 CARBON OFFSET PROGRAM ON STATE LAND TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB 49-CARBON OFFSET PROGRAM ON STATE LAND                                                                        
                                                                                                                                
1:54:23 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the final order of  business would be                                                               
HB 49,  "An Act authorizing  the Department of  Natural Resources                                                               
to  lease land  for  carbon management  purposes; establishing  a                                                               
carbon offset  program for  state land;  authorizing the  sale of                                                               
carbon  offset credits;  and providing  for  an effective  date."                                                               
[Before the committee,  adopted as a working  document on 3/8/23,                                                               
was the  proposed committee  substitute (CS)  for HB  49, Version                                                               
33-GH1372\S, Dunmire, 3/3/23, ("Version S").]                                                                                   
                                                                                                                                
1:54:25 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY opened public testimony on HB 49.                                                                                   
                                                                                                                                
1:55:28 PM                                                                                                                    
                                                                                                                                
KEN  HUCKEBA, representing  self, testified  in opposition  to HB
49.   He  argued that  no  legislator authored  or sponsored  the                                                               
bill,  and  it  is  being  rushed  for  emergency  passage.    He                                                               
expressed disbelief  that the establishment of  carbon credits by                                                               
the  state would  not be  connected to  the World  Economic Forum                                                               
(WEF),  or  the  environmental,   social,  and  governance  (ESG)                                                               
[directive].  He expressed the  understanding that the WEF's goal                                                               
is  the "complete  cessation of  fossil fuels."   He  stated that                                                               
Anew [Climate]  and Verra are both  nongovernmental organizations                                                               
which  would  profit from  the  carbon  credit currency  and  are                                                               
partners of  WEF.  He  pointed out  a series of  articles titled,                                                               
"ESG in  Alaska DNA," in  the Petroleum News, which  was authored                                                             
by  a   previous  commissioner  of  the   Department  of  Natural                                                               
Resources.   He said,  "It would  be hard  to believe  that these                                                               
sentiments are not shared with or known by the administration."                                                                 
                                                                                                                                
MR. HUCKEBA continued  by voicing the idea that "ESG  is simply a                                                               
new method for  socialism and Marxism," which  is contributing to                                                               
the "obliteration and cessation of  fossil fuels."  He noted that                                                               
the  [proposed  legislation]  does not  mention  further  review,                                                               
control, audit,  or inspections; therefore, the  commissioner and                                                               
director would  have all control,  and the WEF partners  would do                                                               
the credit evaluations.   He expressed the  opinion that engaging                                                               
in  carbon trade  is a  "grift" because  it would  create a  tax,                                                               
which would be  on individuals and companies  producing goods and                                                               
services, with no benefit.  He  opined that the Willow Project is                                                               
an example  of these  policies, as  "extremist" WEF  lawyers were                                                               
able to delay  and degrade the project  with "their unprecedented                                                               
and mysteriously  never-argued inclusions in  an already-approved                                                               
environmental impact statement."                                                                                                
                                                                                                                                
1:58:16 PM                                                                                                                    
                                                                                                                                
KASSIE ANDREWS, representing self,  testified in opposition to HB
49.   She began by questioning  the inherent net value  of carbon                                                               
dioxide.   She concluded that  carbon dioxide  has no value  as a                                                               
commodity because  it cannot be  consumed or used to  heat homes.                                                               
She   questioned  why   [the  proposed   legislation]  is   being                                                               
acknowledged  because  carbon  dioxide  is  not  a  part  of  the                                                               
economic system  of supply and demand.   She suggested that  if a                                                               
net gross  domestic product were  not being created,  there would                                                               
be a  subsidy paid by taxpayers.   She pointed out  that wind and                                                               
solar projects do not function without subsidies.                                                                               
                                                                                                                                
1:59:30 PM                                                                                                                    
                                                                                                                                
[Due to technical difficulties,  the audio was indiscernible, and                                                               
the testimony resumed at 2:14 p.m.]                                                                                             
                                                                                                                                
2:00:09 PM                                                                                                                    
                                                                                                                                
MATT  JACKSON,  Southeast  Alaska Conservation  Council  (SEACC),                                                               
stated  that  SEACC has  worked  in  depth on  forest  management                                                               
issues on  federal and state  lands in Southeast Alaska  for more                                                               
than 50 years, and through this  work, the council has acquired a                                                               
good amount  of institutional knowledge.   He expressed agreement                                                               
with  some of  the testifiers  and the  governor that  HB 49  and                                                               
carbon  offset programs  would have  nothing to  do with  climate                                                               
change; however, he continued that  SEACC believes carbon credits                                                               
could be  a useful tool  for land  managers and a  revenue source                                                               
for  the state.   He  stated,  if the  proposed legislation  goes                                                               
forward, SEACC  advises that  to enter  into the  carbon registry                                                               
there would  need to  be more  requirements, as  obtaining forest                                                               
inventories  and sustainable  forest  certifications.   He  added                                                               
that  having  forest  management  data  sets  should  also  be  a                                                               
requirement.  He expressed the  hope that the legislature takes a                                                               
realistic look at the cost.                                                                                                     
                                                                                                                                
MR. JACKSON  continued that  SEACC is  making two  suggestions to                                                               
improve  the  proposed  legislation's  ability  to  maximize  the                                                               
revenue the state would receive  from the sale of carbon credits.                                                               
He suggested that  the lease be increased from  a 55-year program                                                               
to  a  99-year  program.    He  stated  there  is  a  premium  in                                                               
permanence in longer-term  projects, as they would  bring in more                                                               
revenue.   In  a second  point,  he suggested  that the  proposed                                                               
legislation include  the concept of  "leakage."  He said  this is                                                               
an industry  term for carbon, which  was stored in one  place but                                                               
leaked because  of emission  activities elsewhere.   He  gave the                                                               
example of the  state selling carbon storage in  the Haines State                                                               
Forest, while  reducing timber  harvest there.   However,  if the                                                               
timber harvest  on Prince of  Wales Island increased,  this would                                                               
be  leakage.   He described  leakage as  an essential  concept in                                                               
carbon  markets, and  preventing  this is  an  essential part  of                                                               
valuable carbon  offsets.  He  continued that  addressing leakage                                                               
in  the  proposed  legislation  would  increase  the  revenue  of                                                               
potential carbon credit  programs.  He thanked  the committee and                                                               
offered to provide resources and answer any questions.                                                                          
                                                                                                                                
2:03:12 PM                                                                                                                    
                                                                                                                                
LYDIA SHUMAKER, representing self,  testified in opposition to HB
49.   She paraphrased from  a written statement [included  in the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Firstly  I will  be  addressing SEC  38.95.430 for  the                                                                    
     offset revenue fund on page 6:                                                                                             
                                                                                                                                
     As explained  in the  hearing on  Monday the  13th, the                                                                    
     revenues  would not  be going  into the  permanent fund                                                                    
     but  would go  into  a  separate fund  to  pay for  the                                                                    
     expenses  of   this  boondoggle.  Although   the  chair                                                                    
     chooses to hold this  public testimony before receiving                                                                    
     the up-dated fiscal notes, we  can see that there is an                                                                    
     expected  expense  to  the  people  of  Alaska  of  One                                                                    
     Million,  Eight  Hundred  Sixty-Seven  Thousand,  Eight                                                                    
     hundred  dollars ($1,867.80)  across  the three  fiscal                                                                    
     notes. Now, if HB 50  was any example, the fiscal notes                                                                    
     will be walked back in  order to encourage this bill to                                                                    
     be  forced through  the  legislation.  However, if  the                                                                    
     work  was put  in before  this bill  was presented,  it                                                                    
     should  be safe  to assume  this is  an accurate  cost,                                                                    
     singularly for the one-year period  of 2024. Also note,                                                                    
     there is  no expected  revenue presented  still because                                                                    
     this  entire scheme  is too  unknown  to have  accurate                                                                    
     numbers.  Secondly,  I will be addressing  Page 6 under                                                                    
     definitions;  item number  4  "Carbon offset  project";                                                                    
     Last  Friday,  we  heard  in   testimony  (given  by  a                                                                    
     conflict of  interest), that if  Alaska makes it  a law                                                                    
     to manage the  forests in a manner  different than what                                                                    
     we  currently are,  that could  disqualify us  from the                                                                    
     carbon capture  market. By  Definition, this  bill must                                                                    
     install a "framework legislation"  that DOES change the                                                                    
     law as it clearly states  ".. similar land and resource                                                                    
     management measures  that mitigate greenhouse  gases by                                                                    
     increasing  the carbon  stock on  state land".  This is                                                                    
     placing  the  carbon  fiat  market  into  the  law,  by                                                                    
     definition, as  a priority which will  inherently alter                                                                    
     the way  Alaska manages  the forests, voiding  the goal                                                                    
     of the legislation.                                                                                                        
                                                                                                                                
      Lastly, I will be addressing points made by your own                                                                      
       invited public testimony, which are companies that                                                                       
     work with the World Economic Forum:                                                                                        
                                                                                                                                
          1)  Although this  framework states  55 years,  it                                                                    
          has been expressed that  the market preferred time                                                                    
          span is  100 years. Alaska  has only been  a state                                                                    
          for  64 years,  and should  not get  married to  a                                                                    
          fiat currency  and WEF market for  almost the same                                                                    
          length  of time.  We have  come a  long way  in 64                                                                    
          years,  and if  our legislators  were really  pro-                                                                    
          Alaska, we would be seeing  an increased amount of                                                                    
          growth in the next 55 years.                                                                                          
          2)  We cannot  use forests  that are  inaccessible                                                                    
          due  to  terrain   grade.  Also,  companies  would                                                                    
          prefer   to  clear-cut   instead  of   clearing  a                                                                    
          percentage  due  to  cost.  There  is  simply  not                                                                    
          enough PRACTICALITY in this  bill to even consider                                                                    
           joining this "new green deal" replacement.                                                                           
          3)   Everyone  tries   to  reference   the  native                                                                    
          CORPORATIONS as  a shining light for  this bill. I                                                                    
          would  remind you  that the  GOVERNMENT  is NOT  a                                                                    
          CORPORATION.                                                                                                          
          4)  Lastly, joining  any carbon  fiat currency  is                                                                    
          ESG and the  people of Alaska view  this just like                                                                    
          porn.  If   you  don't   want  to   support  human                                                                    
          trafficking, don't  watch porn or partake  in that                                                                    
          market.  If  you don't  want  to  support the  ESG                                                                    
          poverty  that we  KNOW happens,  don't partake  in                                                                    
          this market.                                                                                                          
                                                                                                                                
                                                                                                                                
2:05:52 PM                                                                                                                    
                                                                                                                                
TODD LINDLEY,  representing self,  testified in opposition  to HB
49.   He stated that  the proposed legislation has  been referred                                                               
to as the "tree bill;" however,  he expressed the opinion that it                                                               
should  be called  the  "density bill,"  because  trees per  acre                                                               
would be  used as the metric  for measuring the amount  of carbon                                                               
offset;  thus,  the higher  the  tree  density, the  more  carbon                                                               
offset.   He  stated  that  this would  set  up  a framework  for                                                               
companies  to  offset  their  carbon  emissions  by  leasing  the                                                               
state's forest.   He referenced  Anew Climate's  whitepaper study                                                               
on  Alaska's  forest,  identifying  300,000  acres  for  a  pilot                                                               
project.   He  estimated that  the average  density of  the state                                                               
forest is  113 trees  per acre.   Converting  this to  barrels of                                                               
oil, he related  that 300,000 acres of forest in  Alaska would be                                                               
worth 14,000 barrels  of oil.  In other words,  he explained that                                                               
Alaska's forest would  become an asset [for  companies outside of                                                               
the country].   He continued  that for the  forests to be  on the                                                               
exchange,  they would  have to  remain in  protected status.   He                                                               
voiced  the opinion  that Verra,  a company  that manages  carbon                                                               
offsets,  is  a  WEF  partner.   He  continued  that  Verra  also                                                               
confirmed  it is  a  nonprofit; however,  it  is incorporated  in                                                               
Columbia.   He questioned  why a foreign  entity would  be giving                                                               
invited testimony  to the committee  and petitioning  support for                                                               
legislation in  the state.   He argued  that the  legislature was                                                               
negligent by  not performing  due diligence on  Verra.   Based on                                                               
the proposed land usage and taxation,  he argued that HB 49 needs                                                               
to be removed from the ledger completely.                                                                                       
                                                                                                                                
CHAIR  MCKAY requested  that Mr.  Lindley forward  information on                                                               
the whitepaper study he referenced to the committee.                                                                            
                                                                                                                                
2:08:29 PM                                                                                                                    
                                                                                                                                
BERT HOUGHTALING,  representing self, testified in  opposition to                                                               
HB 49.   He  expressed disgust that  the legislature  has "bought                                                               
into this ESG  scam."  He questioned whether  the legislators are                                                               
being paid by WEF to push "this Green New Deal scam."                                                                           
                                                                                                                                
CHAIR  MCCAY  interjected  that  no   one  in  the  committee  is                                                               
receiving  "any  kind of  compensation,"  and  he challenged  the                                                               
statement.                                                                                                                      
                                                                                                                                
MR.  HOUGHTALING recommended  that  the  legislators "take  their                                                               
horse blinders  off and  quit looking at  the carrot  the federal                                                               
government keeps pushing at the end  of the stick."  He suggested                                                               
that  invited  testifiers had  been  indoctrinated  by WEF.    He                                                               
expressed  suspicion  that the  rules  would  be changed  because                                                               
carbon credits would  be under the control of  WEF, not Alaskans.                                                               
He said,  "I wish  we could  be more like  Saudi Arabia,  who was                                                               
able to  accomplish $161  billion in  sales of  oil in  this last                                                               
past year."   He compared this  with $14 billion in  oil sales in                                                               
Alaska.   He stated  that Saudi Arabia's  cost for  production of                                                               
oil  is $6  per barrel,  while it  is $68  per barrel  in Alaska.                                                               
Calling  the legislation  "a scam,"  he voiced  the idea  that it                                                               
would increase  everyday costs,  and the  discussion needs  to be                                                               
tabled or disregarded completely.                                                                                               
                                                                                                                                
2:11:35 PM                                                                                                                    
                                                                                                                                
KARA MORIARTY,  Lobbyist, Alaska Oil and  Gas Association (AOGA),                                                               
provided testimony  on HB  49.  She  stated that  AOGA represents                                                               
the  majority of  the companies  that are  exploring, developing,                                                               
producing, transporting,  marketing, and refining oil  and gas in                                                               
Alaska.   She stated that AOGA's  mission is to advocate  for the                                                               
long-term viability of the oil and  gas industry in the state and                                                               
it  "applauds"  the  governor's   efforts  to  continue  Alaska's                                                               
tradition  of responsible  and  innovative resource  development.                                                               
She continued  that AOGA supports  an approach  that incorporates                                                               
carbon-offset programs  into voluntary  carbon-reduction targets.                                                               
She  recommended  that the  final  framework  of a  carbon-offset                                                               
program  should   be  consistent  with   Alaska's  constitutional                                                               
principles  of  preserving  multiple-use   land  access  for  all                                                               
Alaskans,   and  this   should  be   maintained  through   future                                                               
administrations.   She stated that Alaska  is uniquely positioned                                                               
to be a  leader in the emerging carbon-offset  industry, and AOGA                                                               
looks  forward to  learning about  the process  and the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
2:14:20 PM                                                                                                                    
                                                                                                                                
MS. ANDREWS repeated a portion  of her earlier testimony that had                                                               
begun  at 1:58  p.m.  and was  interrupted  because of  technical                                                               
difficulty.                                                                                                                     
                                                                                                                                
2:15:09 PM                                                                                                                    
                                                                                                                                
MS. ANDREWS, continuing  her testimony, stated that  even if wind                                                               
and  solar   energy  are  not   economically  viable,   they  are                                                               
defendable  because  of  the electrical  output  provided.    She                                                               
expressed the  understanding that legislators have  made comments                                                               
concerning that tax credits "may  be the single biggest incentive                                                               
for  companies  to participate"  [in  the  carbon market].    She                                                               
concluded  that tax  credits  are the  only  reason the  proposed                                                               
legislation exists, so this would  be "another government subsidy                                                               
with a fraud rating of 90  percent."  She questioned the need for                                                               
the [proposed] legislation,  as it would allow  companies to come                                                               
to  the state  and  "partake  in this  fraud."    She voiced  the                                                               
opinion that the state is being  lied to on this topic, comparing                                                               
it to the  process that helped [the federal  government enact the                                                               
Affordable Care  Act].  She  reasoned that when debate  begins in                                                               
defense of  what something is  not, the concept  is fundamentally                                                               
flawed.    She likened  this  to  the  claims that  the  proposed                                                               
legislation is not ESG or connected  with WEF.  She said, "People                                                               
are not stupid and honestly that is what the supporters of this                                                                 
bill are depending on."                                                                                                         
                                                                                                                                
2:16:44 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY, after ascertaining that there was no one else who                                                                  
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
2:16:53 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:16 p.m. to 2:17 p.m.                                                                       
                                                                                                                                
2:17:20 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced that HB 49 was held over.                                                                                 

Document Name Date/Time Subjects
HB 83 Sponsor Statement.pdf HRES 3/15/2023 1:00:00 PM
HB 83
HB 83 Sectional Analysis.pdf HRES 3/15/2023 1:00:00 PM
HB 83
HB 83 Fiscal Note.pdf HRES 3/15/2023 1:00:00 PM
HB 83
HB 83 Letter of Support (Safari Club).pdf HRES 3/15/2023 1:00:00 PM
HB83 CACFA reestablishment support letter.pdf HRES 3/15/2023 1:00:00 PM
HB 83
HB 83 AMA Comments.pdf HRES 3/15/2023 1:00:00 PM
HB 83
HB 49 - Alaska DNR Carbon Offset Opportunity Evaluation August 2022 Report.pdf HRES 2/24/2023 1:00:00 PM
HRES 3/15/2023 1:00:00 PM
HB 49
HB 49 - Carbon Offset Opportunity Evaluation Appendix_B.pdf HRES 2/24/2023 1:00:00 PM
HRES 3/15/2023 1:00:00 PM
HB 49
HB 49 Public Testimony (HRES).pdf HRES 3/15/2023 1:00:00 PM
HB 49