Legislature(2023 - 2024)BARNES 124

01/17/2024 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 177 CRITICAL NATURAL MINERALS PLAN AND REPORT TELECONFERENCED
Heard & Held
+= HB 169 FISHERIES REHABILITATION PERMIT/PROJECT TELECONFERENCED
Heard & Held
        HB 177-CRITICAL NATURAL MINERALS PLAN AND REPORT                                                                    
                                                                                                                                
1:37:57 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced the final  order of business would be HOUSE                                                               
BILL  NO.  177,  "An  Act  relating  to  critical  and  essential                                                               
minerals and the global energy transition."                                                                                     
                                                                                                                                
CHAIR MCKAY  noted that this  is the first  hearing on HB  177 in                                                               
House Resources  and there  would be  invited testimony  with the                                                               
intent to hold the bill in committee until the following week.                                                                  
                                                                                                                                
1:38:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER, as prime sponsor,  introduced HB 177.  He                                                               
offered HB 177 as a means for  Alaska to be the lead in providing                                                               
critical  and  essential  minerals  to the  global  market.    He                                                               
defined  "essential minerals"  as  those that  are necessary  for                                                               
industry and  national defense;  "critical minerals"  are limited                                                               
with  no reliable  or secure  source.   He  provided examples  of                                                               
essential  minerals:   copper, tin,  gold, zinc,  graphite, lead,                                                               
and silver.   He also identified  several lesser-known, essential                                                               
minerals:   molybdenum and  chromium.   He presented  the sponsor                                                               
statement  [included  in the  committee  packet],  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     These minerals  are fundamental  components of  many of                                                                    
     today's ubiquitous technologies,  such as computers and                                                                    
     household appliances. To keep  our economy and our day-                                                                    
     to-day lives moving forward, we  need to ensure we have                                                                    
     a plan for accessing these critical resources.                                                                             
                                                                                                                                
     Demand   for  critical   and  essential   minerals  has                                                                    
     increased in recent  years   and is  likely to continue                                                                    
     to  increase, possibly  exponentially    as the  demand                                                                    
     for  renewable  energy   sources  grows.  Critical  and                                                                    
     essential minerals  are a key element  of many emerging                                                                    
     energy technologies, ranging  from electric vehicles to                                                                    
     solar panels.                                                                                                              
                                                                                                                                
     What's more,  critical and essential minerals  are also                                                                    
     increasingly   essential   components  of   the   high-                                                                    
     technology  industrial  processes and  weapons  systems                                                                    
     that play  increasingly important roles  in maintaining                                                                    
     a strong national defense.                                                                                                 
     Currently, China is  home to most of  the global market                                                                    
     for  processing and  refining critical  minerals, which                                                                    
     has  concerning  implications  for the  health  of  our                                                                    
     nation's  economy, and  the  strength  of our  nation's                                                                    
     armed services and defense  capabilities. It is vitally                                                                    
     important that  our nation be able  to reliably produce                                                                    
     such minerals and use them to manufacture technology-                                                                      
     forward products and systems.                                                                                              
     HB  177  helps meet  that  imperative.  It directs  the                                                                    
     Alaska government  to assess  the state's  potential as                                                                    
     an  alternative  source  of  these  minerals,  identify                                                                    
     strategies to  attract industry investment,  and review                                                                    
     the possible  impacts of potential  regulatory regimes.                                                                    
     This proposal  has the potential  to not  only decrease                                                                    
     our reliance  on imported  critical minerals,  but also                                                                    
     increase  investment   in  Alaska's   natural  resource                                                                    
     industry.                                                                                                                  
                                                                                                                                
     Alaska  has  an opportunity  to  position  itself as  a                                                                    
     competitive source  of critical and  essential minerals                                                                    
     in  the  global  supply  chain.  HB  177  requires  the                                                                    
     Departments   of   Natural  Resources   and   Commerce,                                                                    
     Community,  and  Economic  Development to  provide  the                                                                    
     information that  industry experts and  state officials                                                                    
     need  to take  the next  steps toward  making Alaska  a                                                                    
     globally competitive  source of critical  and essential                                                                    
     minerals.                                                                                                                  
                                                                                                                                
1:42:41 PM                                                                                                                    
                                                                                                                                
KATIE  MCCALL,  Staff to  Representative  Saddler,  on behalf  of                                                               
Representative  Saddler,   prime  sponsor,  gave   the  sectional                                                               
analysis for  HB 177  [included in  the committee  packet], which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Section 1, Subsection  (a)   Page 1, Lines  3-15 & Page                                                                
     2, Lines 1-4                                                                                                           
     Subsection  (a)  of  HB  177  adds  a  new  section  of                                                                    
     uncodified law to direct the  Office of the Governor to                                                                    
     develop a plan for  the state to encourage exploration,                                                                    
     production,  and refining  of  the  minerals needed  to                                                                    
     support emerging renewable energy technologies.                                                                            
                                                                                                                                
     The  plan  must  specifically  identify  strategies  to                                                                    
     attract  industry investment  and position  the state's                                                                    
     critical  mineral  production  at the  center  of  U.S.                                                                    
     production  and   manufacturing  initiatives  employing                                                                    
     critical  minerals.  The  plan  must  also  review  the                                                                    
     impacts  of various  regulatory  frameworks on  mineral                                                                    
     development.                                                                                                               
                                                                                                                                
     Section 1, Subsection (b)  Page 2, Lines 5-18                                                                          
     Subsection  (b) of  HB 177  directs  the Department  of                                                                    
     Natural   Resources  to   provide  a   report  to   the                                                                    
     Legislature by the start of  the legislative session in                                                                    
     January 2026 that compares  the state's current mineral                                                                    
     production and potential  future production to national                                                                    
     and  global   production  of  critical   and  essential                                                                    
     minerals.                                                                                                                  
                                                                                                                                
     The  report   must  identify  strategies   to  increase                                                                    
     industry exploration  and state production  of critical                                                                    
     and essential minerals in the  next three, five, and 10                                                                    
     years.  The  report  must   also  compare  the  state's                                                                    
     permitting  timelines  and  exploration  incentives  to                                                                    
     those in other jurisdictions.                                                                                              
                                                                                                                                
     The  department  may  consult   with  other  state  and                                                                    
     federal  agencies, the  University of  Alaska, industry                                                                    
     representatives, and advocacy  organizations to compile                                                                    
     the required information for the report.                                                                                   
                                                                                                                                
     Section 1, Subsection (c)    Page 2, Lines 19-31 & Page                                                                
     3, Line 1                                                                                                              
     Subsection  (c) of  HB 177  directs  the Department  of                                                                    
     Commerce,  Community,   and  Economic   Development  to                                                                    
     provide a  report to  the Legislature  by the  start of                                                                    
     the legislative session in January 2026                                                                                    
                                                                                                                                
     that identifies  the state's role in  the global energy                                                                    
     transition. The report must  include the potential role                                                                    
     of Alaska's  mineral resources in the  supply chain for                                                                    
     electric  batteries, solar  panels, wind  turbines, and                                                                    
     consumer devices.                                                                                                          
                                                                                                                                
     The department  may consult with the  appropriate state                                                                    
     and   federal   agencies   to  compile   the   required                                                                    
     information for the report.                                                                                                
                                                                                                                                
     The  report  must  include the  value  of  the  state's                                                                    
     location  in  the  global  supply  chain  and  identify                                                                    
     strategies for in-state  innovation, manufacturing, and                                                                    
     transportation for the next three, five, and 10 years.                                                                     
                                                                                                                                
1:45:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG said he was curious why working with                                                                   
local communities wasn't explicitly written into the HB 177                                                                     
draft.                                                                                                                          
                                                                                                                                
1:46:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER believed  it was written into  HB 177 from                                                               
an existing  system of legislation  and said  he did not  see any                                                               
reason  to leave  out  language that  included  input from  local                                                               
communities.                                                                                                                    
                                                                                                                                
1:46:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ARMSTRONG  followed  up with  the  suggestion  of                                                               
adding "other relevant products that may come up" to HB 177.                                                                    
                                                                                                                                
1:47:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER said  he thought  it was  a good  idea in                                                               
order to keep up with the rate of technology.                                                                                   
                                                                                                                                
1:47:41 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced invited testimony on HB 177.                                                                              
                                                                                                                                
1:48:15 PM                                                                                                                    
                                                                                                                                
BRENT SHEETS, Director, Petroleum  Development Lab, University of                                                               
Alaska  Fairbanks,  joined  invited  testimony  via  Teams.    He                                                               
explained the  lab are  heavily involved  in resources  issues in                                                               
addition to  petroleum.  He  informed the committee that  the lab                                                               
is  involved in  carbon  capture  and sequestration,  small-scale                                                               
coal technology,  and rare  earth mineral  projects.   He updated                                                               
the  committee   that  the   petroleum  engineering   program  is                                                               
transitioning to the energy resources engineering program.                                                                      
                                                                                                                                
1:49:34 PM                                                                                                                    
                                                                                                                                
MR.  SHEETS,  via  a  PowerPoint   [hard  copy  included  in  the                                                               
committee packet], moved to slide  2, titled "Mineral Resources,"                                                               
with   a  map   showing  current   mines  and   advanced  mineral                                                               
exploration  projects with  potential mines  highlighted in  red.                                                               
He emphasized  the partnership between  the University  of Alaska                                                               
Fairbanks (UAF)  and the Division  of Geological  and Geophysical                                                               
Surveys  (DGGS).    He  imparted  Alaska  has  numerous  untapped                                                               
mineral resources that  could be developed.  He  cited the recent                                                               
finds  of  world-class  Germanium  and Gallium  deposits  in  Ray                                                               
River, near  the Yukon River,  which would be attractive  for the                                                               
state to lease to developers.                                                                                                   
                                                                                                                                
1:51:41 PM                                                                                                                    
                                                                                                                                
MR.  SHEETS   moved  to  slide  3,   titled  "Background-Alaska's                                                               
Critical Mineral  Potential," that displayed  a bar chart  of the                                                               
underdeveloped critical minerals  in Alaska.  He  said Alaska has                                                               
the  potential to  supply most  of the  commodities shown  on the                                                               
graph, especially  zinc, which Alaska in  leads market production                                                               
thanks to Red Dog Mine.                                                                                                         
                                                                                                                                
1:53:06 PM                                                                                                                    
                                                                                                                                
MR. SHEETS  advanced to slide 4,  titled "Applications/Products,"                                                               
that proposed  the use of  these minerals for  magnetic products,                                                               
metal alloys, defense mechanisms,  catalysts, glass and polishing                                                               
compounds, ceramics and phosphors.                                                                                              
                                                                                                                                
1:53:50 PM                                                                                                                    
                                                                                                                                
MR. SHEETS described  slide 5, titled "Carbon Ore,  Rare Earth, &                                                               
Critical Minerals,"  which outlined the vision  to bring Alaska's                                                               
Carbon   Ore,  Rare   Earth-Critical   Minerals  (CORE-CM)   into                                                               
perspective and echo the mission  to establish a CORE-CM industry                                                               
in  Alaska by  working with  industry and  other stakeholders  to                                                               
identify opportunities and address challenges.                                                                                  
                                                                                                                                
1:54:45 PM                                                                                                                    
                                                                                                                                
MR.  SHEETS moved  to  slide  6, titled  "Budget  By Phase,"  and                                                               
outlined three phases of how to  compete with China.  He posited,                                                               
Phase  1 is  a planning  period, Phase  2 and  3 will  be a  cost                                                               
challenge but  with the  partnership and  funding with  DGGS, UAF                                                               
can count  on an in-kind  match.   He stressed the  importance of                                                               
that  partnership and  suggested  bringing in  the Department  of                                                               
Environmental Conservation for additional input.                                                                                
                                                                                                                                
1:56:30 PM                                                                                                                    
                                                                                                                                
MR. SHEETS moved to slide  7, titled "Overview," which listed the                                                               
following  Department of  Energy and  equivalent UAF/DGGS  tasks:                                                               
Task 2, Basinal Assessments; Task  3, Waste Stream Reuse; Task 4,                                                               
Strategies  for Infrastructure,  Industries and  Businesses; Task                                                               
5, Technology Assessment, Development  and Field Testing; Task 6,                                                               
AK-TIC;  and Task  7,  Stakeholder Outreach  and  Education.   He                                                               
pointed out that rare earth elements  (REE) are not that rare but                                                               
are difficult to mine economically.                                                                                             
                                                                                                                                
2:02:53 PM                                                                                                                    
                                                                                                                                
MR.  SHEETS moved  to slide  8, titled  "REE Value  Chain," which                                                               
illustrates the progress  of value from exploration  to mining to                                                               
on-site  concentrations  to  separation   to  metal  making  and,                                                               
finally, to alloy production.                                                                                                   
                                                                                                                                
2:05:15 PM                                                                                                                    
                                                                                                                                
MR.  SHEETS  moved  to  slide   9,  titled  "Additional  Assets,"                                                               
highlighting  additional resources  from  DGGS such  as:   ICP-MS                                                               
installation; hyperspectral imaging;  an advanced instrumentation                                                               
laboratory; bioreactors  to separate  elements from  ores without                                                               
the  use  of acids;  and  the  UAS/UAF  effort to  expand  mining                                                               
training.                                                                                                                       
                                                                                                                                
2:07:15 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY  thanked Mr.  Sheets  and  expressed his  excitement                                                               
about  the subject  matter especially  for  those having  visited                                                               
Iceland and toured the energy infrastructure of that country.                                                                   
                                                                                                                                
2:08:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS asked Mr. Sheets  if there were requirements                                                               
for continuing  through the phases  that would need  support from                                                               
the legislature.                                                                                                                
                                                                                                                                
2:08:48 PM                                                                                                                    
                                                                                                                                
MR. SHEETS  replied the  main one  would be  the ability  to meet                                                               
matching funds  with DGGS to  progress through all of  the phases                                                               
of the  budget.   He said  the department has  a 20  percent cost                                                               
match.                                                                                                                          
                                                                                                                                
2:10:05 PM                                                                                                                    
                                                                                                                                
MS. MCCALL,  in response  to a  comment by  Representative Mears,                                                               
pointed out there are two fiscal notes for HB 177.                                                                              
                                                                                                                                
2:10:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DIBERT expressed  to  Mr.  Sheets her  excitement                                                               
regarding where  HB 177 is  heading and indicated she  would like                                                               
to know about the critical minerals  in Ray River and whether the                                                               
communities and workforce  have a bridge between  them to provide                                                               
local jobs moving forward.                                                                                                      
                                                                                                                                
2:12:18 PM                                                                                                                    
                                                                                                                                
KAREN MATTHIAS, Executive Director,  Alaska Metal Mines, provided                                                               
invited  testimony in  support of  HB  177.   She reiterated  the                                                               
increasing demand  for essential  and critical metals  in several                                                               
sectors  of   the  economy.     She  warned  that   imports  from                                                               
adversarial countries are a risk;  therefore, the U.S. needs more                                                               
domestic  mineral production  and Alaska  should be  part of  the                                                               
solution.  She contended the  term "critical minerals" is defined                                                               
differently  by  DGGS, DNR,  and  other  departments and  changes                                                               
through time.   Ms. Matthias  pointed out  that copper is  not on                                                               
the United States Geological Survey  (USGS) critical mineral list                                                               
as an example opposed to  the United States Department of Energy.                                                               
Ms. Matthias  emphasized the amount  of copper needed  to produce                                                               
clean  energy is  insufficient to  meet the  Federal Government's                                                               
goals.  In  addition, Ms. Matthias highlighted the  rich goal and                                                               
silver deposits in Alaska.                                                                                                      
                                                                                                                                
2:15:30 PM                                                                                                                    
                                                                                                                                
MS. MATTHIAS  said there are only  a small number of  mines which                                                               
have  economic challenges  to develop;  she  suggested a  diverse                                                               
mining economy for the state  to succeed.  Ms. Matthias advocated                                                               
for HB 177 to encourage investment, exploration, and production.                                                                
                                                                                                                                
2:17:57 PM                                                                                                                    
                                                                                                                                
DEANTHA    SKIBINSKI,   Executive    Director,   Alaska    Miners                                                               
Association, as invited testifier  expressed AMA's support of the                                                               
bill and made  suggestions for its improvement.   She echoed that                                                               
the majority of  the minerals that have been  mentioned are being                                                               
sourced from  foreign nations with  tenuous connections  with the                                                               
U.S.  She  said passage of legislation such as  HB 177 would send                                                               
a powerful  message to investors  that Alaska is  "a jurisdiction                                                               
of choice"  in which  to invest.   She recommended  the committee                                                               
remove  references to  the global  energy  transition because  it                                                               
describes  "an   unrealistic  pivot   from  fossil   fuel  energy                                                               
generation."    She emphasized  that  relying  on only  renewable                                                               
energy "is not a reality for Alaska  or the world."  She said AMA                                                               
suggests the  word "expansion" could  be used in  the discussion.                                                               
That  said,  she concluded  that  HB  177 outlines  how  Alaska's                                                               
mining industry  should play  a role  in providing  the essential                                                               
minerals needed to provide energy technology.                                                                                   
                                                                                                                                
2:21:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE expressed  appreciation of  the suggestion                                                               
for the  change from transition  to expansion and  indicated that                                                               
he would offer that amendment.                                                                                                  
                                                                                                                                
2:21:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER was  amenable  to such  an amendment  and                                                               
offered the term "energy addition" as an alternative.                                                                           
                                                                                                                                
2:21:50 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY asked  Mr. Sheets to further explain  slide 6 "Budget                                                               
By  Phase" expenditures  and asked  if he  was looking  for funds                                                               
from the legislature.                                                                                                           
                                                                                                                                
2:23:13 PM                                                                                                                    
                                                                                                                                
MR. SHEETS said  the slide pointed out what the  "DOE" should be.                                                               
He  attested the  state will  have to  contribute a  $1.7 million                                                               
match in order to meet the proposed 20 percent requirement.                                                                     
                                                                                                                                
2:24:53 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY  remarked that  when  work  is  done in  the  budget                                                               
subcommittee addressing DNR,  its members will refer  to the DGGS                                                               
budget.                                                                                                                         
                                                                                                                                
2:25:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BAKER  asked how  landowners will  be incorporated                                                               
under HB  177 and said he  wanted to make sure  local traditional                                                               
ecological knowledge incorporated into the proposed legislation.                                                                
                                                                                                                                
2:26:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER answered  that DNR  has worked  well with                                                               
local   communities   and   listened   to   input   from   tribal                                                               
organizations  and he  said he  was confident  those voices  have                                                               
been heard and incorporated.                                                                                                    
                                                                                                                                
2:27:25 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY thanked the committee  and set the amendment deadline                                                               
for 12:00 p.m. Monday, January 22, 2024.                                                                                        
                                                                                                                                
CHAIR MCKAY announced that HB 177 was held over.                                                                                

Document Name Date/Time Subjects
HB 177 Presentation 1.17.24.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Sponsor Statement version A.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Sectional Analysis version A.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Supporting Document - 2022 Critical Minerals List.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Supporting Document - 2022 U.S. Net Import Reliance over 50 Map.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 177 Supporting Document - 2022 U.S. Net Import Reliance.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB177 Support letter from Alaska Metal Mines.pdf HRES 1/17/2024 1:00:00 PM
HB 177
HB 169 - Moist Air Incubator Photo.pdf HFSH 4/27/2023 10:00:00 AM
HFSH 5/8/2023 9:00:00 AM
HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 - Gulkana Incubation Picture.pdf HFSH 4/27/2023 10:00:00 AM
HFSH 5/8/2023 9:00:00 AM
HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 Support Letter. Copper Valley Chamber of Commerce.pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 Support Letter. Mentasta Council.pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 Yakutat Support letter Fisheries Enhancement Permit 4.6.17.pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB-169 Sectional Analysis (ver B).pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 - Summary of Changes (A to B).pdf HRES 1/17/2024 1:00:00 PM
HB 169
HB 169 Sponsor Statement.pdf HRES 1/17/2024 1:00:00 PM
HB 169