Legislature(2023 - 2024)BARNES 124

04/17/2024 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 15 Minutes Following Session --
+= HB 195 COOK INLET: NEW ADMIN AREA;PERMIT BUYBACK TELECONFERENCED
Scheduled but Not Heard
+= HB 251 EXEMPTIONS FOR HOMEMADE FOODS TELECONFERENCED
Moved CSHB 251(L&C) Out of Committee
+= HB 329 AQUATIC FARM AND HATCHERY LEASES TELECONFERENCED
Moved CSHB 329(FSH) Out of Committee
*+ HB 396 DNR BIG GAME GUIDE PERMIT PROGRAM TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HJR 22 RESIDENT SUBSISTENCE USE OF FISH/GAME TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 349 RENEWABLE ENERGY PROJECT LEASES TELECONFERENCED
Moved CSHB 349(RES) Out of Committee
             HB 349-RENEWABLE ENERGY PROJECT LEASES                                                                         
                                                                                                                                
1:51:03 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the first order of  business would be                                                               
HOUSE BILL  NO. 349, "An  Act relating  to leases of  public land                                                               
for  renewable energy  projects; and  providing for  an effective                                                               
date."  [Before  the committee, adopted as a  working document on                                                               
4/1/24, was  the proposed committee  substitute (CS) for  HB 349,                                                               
Version 33-LS1325\R, Bullard, 3/26/24 ("Version R").]                                                                           
                                                                                                                                
1:52:04 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  moved to  adopt Amendment  1 to  HB 349,  Version R,                                                               
labeled 33-LS1325\R.1, Bullard, 4/2/24, which read as follows:                                                                  
                                                                                                                                
     Page 5, lines 30 - 31:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 6, line 27:                                                                                                           
          Delete "AS 38.05.091(e)"                                                                                              
          Insert "AS 38.05.091(d)"                                                                                              
                                                                                                                                
REPRESENTATIVE MCCABE objected for the purpose of discussion.                                                                   
                                                                                                                                
1:52:10 PM                                                                                                                    
                                                                                                                                
TREVOR  JEPSEN, Staff,  Representative  Tom  McKay, Alaska  State                                                               
Legislature,  on   behalf  of  Representative   McKay,  explained                                                               
amendments to  HB 349,  Version R.   He  stated that  Amendment 1                                                               
would delete  the requirement for  the Division of  Mining, Land,                                                               
and  Water  to  conduct  ongoing research  to  identify  suitable                                                               
energy projects  on state lands.   He stated that this  is at the                                                               
request  of  the  Department  of   Natural  Resources  (DNR),  as                                                               
conducting  ongoing research  would be  a "hefty  responsibility"                                                               
and  could require  a  new  program.   He  stated  that the  bill                                                               
sponsor is supportive of the amendment.                                                                                         
                                                                                                                                
1:52:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE removed  his  objection.   There being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
1:52:58 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY moved  to adopt Amendment 2 to HB  349, Version R, as                                                               
amended, labeled  33-LS1325\R.2, Bullard,  4/2/24, which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 6, line 16:                                                                                                           
          Delete "identified by the commissioner under                                                                          
     AS 38.05.091(b) and"                                                                                                       
                                                                                                                                
REPRESENTATIVE MCCABE objected for the purpose of discussion.                                                                   
                                                                                                                                
1:53:04 PM                                                                                                                    
                                                                                                                                
MR.  JEPSON  explained  that   Amendment  2  contains  conforming                                                               
language to Amendment 1.                                                                                                        
                                                                                                                                
1:53:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE removed  his  objection.   There being  no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
1:53:41 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY moved  to adopt Amendment 3 to HB  349, Version R, as                                                               
amended, labeled  33-LS1325\R.3, Bullard,  4/3/24, which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 9, line 24:                                                                                                           
          Delete "the commissioner preparing, or"                                                                               
                                                                                                                                
     Page 9, line 25:                                                                                                           
          Delete "to the commissioner, a proposal"                                                                              
          Insert "a proposal to the commissioner"                                                                               
                                                                                                                                
     Page 9, lines 28 - 29:                                                                                                     
          Delete "A prospective licensee may initiate the                                                                       
       licensing process by submitting a proposal to the                                                                        
     department."                                                                                                               
                                                                                                                                
     Page 10, lines 6 - 8:                                                                                                      
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 10, line 19:                                                                                                          
          Delete "(d)"                                                                                                          
          Insert "(c)"                                                                                                          
                                                                                                                                
     Page 11, line 14:                                                                                                          
          Delete "or (d)"                                                                                                       
                                                                                                                                
     Page 11, line 17:                                                                                                          
          Delete "(f)"                                                                                                          
          Insert "(e)"                                                                                                          
                                                                                                                                
     Page 11, line 25:                                                                                                          
          Delete "(f)"                                                                                                          
          Insert "(e)"                                                                                                          
                                                                                                                                
     Page 11, line 29:                                                                                                          
          Delete "(f)"                                                                                                          
          Insert "(e)"                                                                                                          
                                                                                                                                
REPRESENTATIVE MCCABE objected for the purpose of discussion.                                                                   
                                                                                                                                
1:53:48 PM                                                                                                                    
                                                                                                                                
MR. JEPSON explained that Amendment 3 also contains conforming                                                                  
language to Amendment 1.                                                                                                        
                                                                                                                                
1:54:19 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY removed his objection.  There being no further                                                                      
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
CHAIR MCKAY noted that Amendments 4 and 5 [would not be                                                                         
offered].                                                                                                                       
                                                                                                                                
1:54:37 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY moved to adopt Amendment 6 to HB 349, Version R, as                                                                 
amended, labeled 33-LS1325\R.6, Bullard, 4/3/24, which read as                                                                  
follows:                                                                                                                        
                                                                                                                                
     Page 11, line 18:                                                                                                          
          Delete "30"                                                                                                           
          Insert "120"                                                                                                          
                                                                                                                                
REPRESENTATIVE MCCABE objected for the purpose of discussion.                                                                   
                                                                                                                                
1:54:46 PM                                                                                                                    
                                                                                                                                
MR.  JEPSON stated  that Amendment  6 would  extend the  time for                                                               
licensees  to accept  or  reject the  issuance  of a  feasibility                                                               
license.   He explained  that this  would allow  more flexibility                                                               
for companies to  have their finances ready for  contracts.  This                                                               
extension would be from 30 days to 120 days.                                                                                    
                                                                                                                                
1:55:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE removed  his  objection.   There being  no                                                               
further objection, Amendment 6 was adopted.                                                                                     
                                                                                                                                
1:55:25 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY moved  to adopt Amendment 7 to HB  349, Version R, as                                                               
amended, labeled  33-LS1325\R.7, Bullard,  4/3/24, which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 14, lines 28 - 29:                                                                                                    
          Delete "over a human, not a geological, time                                                                          
     frame"                                                                                                                     
          Insert "within a 100-year period"                                                                                     
                                                                                                                                
     Page 14, line 30:                                                                                                          
          Delete "power" in both places                                                                                         
                                                                                                                                
     Page 14, line 31:                                                                                                          
        Delete ", or from thermal inertia of the earth"                                                                         
                                                                                                                                
REPRESENTATIVE MCCABE objected for the purpose of discussion.                                                                   
                                                                                                                                
1:55:37 PM                                                                                                                    
                                                                                                                                
MR. JEPSON  stated that  the first portion  of Amendment  7 would                                                               
remove the word  "power", as it is not necessary.   It would also                                                               
change the language  "over a human, not a  geological time frame"                                                               
to "within  a 100-year period".   He said that this  would create                                                               
more  specificity.   He  stated  that  the amendment  would  also                                                               
remove  geothermal projects  from  the  proposed legislation,  as                                                               
these are already dealt with in statute.                                                                                        
                                                                                                                                
1:56:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE removed  his  objection.   There being  no                                                               
further objection, Amendment 7 was adopted.                                                                                     
                                                                                                                                
1:56:42 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY moved  to adopt Amendment 8 to HB  349, Version R, as                                                               
amended, labeled  33-LS1325\R.9, Bullard, 4/13/24, which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 7, line 17, following "licensee":                                                                                     
          Insert ", including, as applicable, the possible                                                                      
    costs   of   remediating   oil   or   other   minerals,                                                                     
     fiberglass, microplastics, or other contamination"                                                                         
                                                                                                                                
     Page 12, line 15, following "include":                                                                                     
          Insert "(1)"                                                                                                          
                                                                                                                                
     Page 12, line 18, following "lease":                                                                                       
          Insert "; and                                                                                                         
               (2)  bonding requirements the commissioner                                                                       
     determines  are sufficient  to cover  the costs  to the                                                                    
     department  of the  demolition and  removal of  project                                                                    
     infrastructure and restoration of  land affected by the                                                                    
     lessee,  including, as  applicable, the  possible costs                                                                    
     of  remediating  oil  or  other  minerals,  fiberglass,                                                                    
     microplastics, or other contamination"                                                                                     
                                                                                                                                
REPRESENTATIVE MCCABE objected for the purpose of discussion.                                                                   
                                                                                                                                
1:56:50 PM                                                                                                                    
                                                                                                                                
MR.  JEPSON explained  that [Amendment  8]  would create  bonding                                                               
requirements for  the conversion  of a  feasibility license  to a                                                               
lease.  He explained that  this is conforming language to Version                                                               
R.   He continued  that Amendment 8  would also  include specific                                                               
language on  contaminants, as  DNR should be  aware of  this when                                                               
considering bonding requirements.                                                                                               
                                                                                                                                
REPRESENTATIVE  SADDLER confirmed  that Amendment  8 was  labeled                                                               
R.9.                                                                                                                            
                                                                                                                                
1:58:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE removed  his  objection.   There being  no                                                               
further objection, Amendment 8 was adopted.                                                                                     
                                                                                                                                
1:58:26 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY moved  to adopt Amendment 9 to HB  349, Version R, as                                                               
amended, labeled 33-LS1325\R.10, Bullard,  4/15/24, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 10, line 9:                                                                                                           
          Delete "30"                                                                                                           
          Insert "180"                                                                                                          
                                                                                                                                
REPRESENTATIVE MCCABE objected for the purpose of discussion.                                                                   
                                                                                                                                
1:58:34 PM                                                                                                                    
                                                                                                                                
MR. JEPSON stated  that Amendment 9 would  extend DNR's timeframe                                                               
for  evaluating proposals  and public  notices.   He stated  that                                                               
this  was at  the request  of DNR,  as a  30-day timeframe  could                                                               
accidentally "kill" proposals for larger projects.                                                                              
                                                                                                                                
REPRESENTATIVE  SADDLER confirmed  that Amendment  9 was  labeled                                                               
R.10.                                                                                                                           
                                                                                                                                
1:59:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE removed  his  objection.   There being  no                                                               
further objection, Amendment 9 was adopted.                                                                                     
                                                                                                                                
1:59:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER moved  to report  CSHB 349,  Version 33-                                                               
LS1325\R,  Bullard, 3/26/24,  as amended,  out of  committee with                                                               
individual recommendations and the  accompanying fiscal notes and                                                               
to  give Legislative  Legal Services  the authority  to make  any                                                               
necessary  technical  and conforming  changes.    There being  no                                                               
objection, CSHB 349(RES) was reported  out of the House Resources                                                               
Standing Committee.                                                                                                             

Document Name Date/Time Subjects
HB 396A.pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 Sponsor Statement Version A.pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 Sectional Analysis ver A 4.17.24.pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 Letters of Support 4.17.24.pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 BGCSB Workgroup Proposal Supporting Document.pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 Fiscal Note #1 DNR.pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 Supporting Document Owsichek v. Guide Licensing & Control Bd. 10.21.1988.pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 Powerpoint Presentation 4.17.24.pptx HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 Fiscal Note #2 F&G (WC).pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 396 Fiscal Note #3 F&G (BOFG).pdf HRES 4/17/2024 1:00:00 PM
HB 396
HB 329 AM1.pdf HRES 4/17/2024 1:00:00 PM
HB 329
HB 251 AM1.pdf HRES 4/17/2024 1:00:00 PM
HB 251