Legislature(2023 - 2024)ADAMS 519

05/16/2023 10:30 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 12:45 PM --
-- Please Note Time Change --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 48 CARBON OFFSET PROGRAM ON STATE LAND TELECONFERENCED
Moved CSSB 48(FIN) Out of Committee
+= SB 140 INTERNET FOR SCHOOLS TELECONFERENCED
Moved HCS CSSB 140(FIN) Out of Committee
CS FOR SENATE BILL NO. 48(FIN)                                                                                                
                                                                                                                                
     "An  Act  relating to  the  powers  and duties  of  the                                                                    
     Alaska   Oil    and   Gas    Conservation   Commission;                                                                    
     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;                                                                    
     authorizing  the  use  of land  and  water  within  the                                                                    
     Haines  State Forest  Resource  Management  Area for  a                                                                    
     carbon offset  project; authorizing the  undertaking of                                                                    
     carbon  offset   projects  on  land   in  legislatively                                                                    
     designated  state  forests;  relating to  oil  and  gas                                                                    
     lease  expenditures;  and  providing for  an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
12:53:01 PM                                                                                                                   
                                                                                                                                
Co-Chair Foster noted that one amendment had been received.                                                                     
                                                                                                                                
Representative Coulombe requested to ask a question to the                                                                      
department.                                                                                                                     
                                                                                                                                
Co-Chair Foster asked a representative from the Department                                                                      
of Natural Resources (DNR) to come to the committee table.                                                                      
                                                                                                                                
Representative  Coulombe  was   concerned  that  the  carbon                                                                    
credits had  an opportunity to  raise the cost of  energy in                                                                    
Alaska.  She stated  that  anytime  resource companies  were                                                                    
required  to buy  something to  do  business, generally  the                                                                    
cost went  downhill. She had  heard a lot about  energy cost                                                                    
during the  current session. She relayed  that her amendment                                                                    
addressed  the concern.  She asked  how  the department  and                                                                    
state would  raise revenue  without increasing  energy costs                                                                    
for Alaskans.                                                                                                                   
                                                                                                                                
12:54:45 PM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
12:56:04 PM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Representative  Coulombe MOVED  to  ADOPT  Amendment 1,  33-                                                                    
GS1372\R.2 (Dunmire, 5/15/23) (copy on file):                                                                                   
                                                                                                                                
     Page 1, following line 8:                                                                                                  
     Insert a new bill section to read:                                                                                         
     "* Section 1. The uncodified law of the State of                                                                           
    Alaska is amended by adding a new section to read:                                                                          
     LEGISLATIVE   INTENT.  It   is   the   intent  of   the                                                                    
     legislature that  the carbon offset program  be used as                                                                    
     a resource development tool and  not cause consumers in                                                                    
     the state to  pay higher prices for goods  or energy as                                                                    
     a result of the program."                                                                                                  
                                                                                                                                
     Page 1, line 9:                                                                                                            
     Delete "Section 1"                                                                                                         
     Insert "Sec. 2"                                                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
Co-Chair Foster OBJECTED for discussion.                                                                                        
                                                                                                                                
RENA  MILLER,  SPECIAL   ASSISTANT,  DEPARTMENT  OF  NATURAL                                                                    
RESOURCES, understood  the intent  behind the  amendment and                                                                    
appreciated  the concern.  She clarified  that the  bill did                                                                    
not require any corporation to  buy the credits or implement                                                                    
an emissions limit that would  obligate the business to look                                                                    
for a means to offset them.  She stated it was an increasing                                                                    
reality of doing business for  many corporations where their                                                                    
customers,   shareholders,    investors,   and/or   inherent                                                                    
internal  values   were  pushing  them  to   make  voluntary                                                                    
emission  reduction, net  zero type  goals. She  stated that                                                                    
purchasing  offsets  from  the  market was  one  avenue  the                                                                    
corporations  could take  in order  to meet  the goals.  She                                                                    
relayed it was  not the department's intent  for the state's                                                                    
engagement  in  the carbon  market  to  drive up  costs  for                                                                    
Alaskans  or  anyone  else.   The  department  believed  the                                                                    
corporations  would  seek  the  offset  credits  at  general                                                                    
market  prices and  some valued  certain kinds  from certain                                                                    
areas  and   co-benefits  more   highly  than   others.  The                                                                    
department   wanted  to   put   out  a   fair  credit   that                                                                    
accomplished the  concurrent goals  of following  through on                                                                    
its constitutional  obligation to maximize the  resources of                                                                    
the  state. She  detailed  that carbon  was a  replenishable                                                                    
resource  in this  context that  generated  revenue for  the                                                                    
state  that  concurrently  did something  positive  for  the                                                                    
environment   and   put   something  on   the   market   for                                                                    
corporations  to  purchase  in  order  to  accomplish  their                                                                    
goals.  She stated  the  department  appreciated the  intent                                                                    
statement and viewed it as an additional use of resources.                                                                      
                                                                                                                                
12:59:11 PM                                                                                                                   
                                                                                                                                
Representative  Coulombe   spoke  to   the  intent   of  her                                                                    
amendment. She shared that she  had received numerous emails                                                                    
about the topic from constituents.  She saw the carbon bills                                                                    
as a  tool to help  resource development continue  in Alaska                                                                    
more  than  as a  revenue  generator.  She believed  if  the                                                                    
revenue  came  it  would  be   later.  She  could  not  tell                                                                    
companies what to  charge people, but her  concern was about                                                                    
a   situation  where   the  state   was  overburdened   with                                                                    
regulatory  cost or  was  driving revenue  and  did not  pay                                                                    
attention to the  cost to the consumer. She  remarked it was                                                                    
only possible  to control what  the state did, not  what oil                                                                    
and gas did.  She reiterated her view that  the carbon bills                                                                    
were  a  tool  to  help   industry  in  Alaska  conduct  its                                                                    
business.  She stated  that it  was the  "world we  live in"                                                                    
whether  a  person  agreed with  ESG  [environmental  social                                                                    
governance] and  carbon credits.  She did  not want  the oil                                                                    
and  gas companies  to begin  passing the  cost down  to the                                                                    
consumer. She would  hate for energy prices  to increase and                                                                    
for no one to understand why.                                                                                                   
                                                                                                                                
1:00:55 PM                                                                                                                    
                                                                                                                                
JOHN BOYLE,  COMMISSIONER, DEPARTMENT OF  NATURAL RESOURCES,                                                                    
appreciated the sentiments of the  amendment. He stated that                                                                    
the  carbon  credit  demand  was  being  driven  by  factors                                                                    
outside  of  Alaska. He  explained  that  by implementing  a                                                                    
carbon  program  in  Alaska, the  state  would  be  offering                                                                    
supply  for the  companies demanding  it. He  explained that                                                                    
offering  the  ability  for  companies  to  purchase  carbon                                                                    
credits  would be  the best  way  for the  state to  protect                                                                    
Alaskans  from different  price shocks.  He elaborated  that                                                                    
the revenues collected  from the sale of  credits would have                                                                    
myriad purposes  for the legislature to  appropriate for the                                                                    
public good.  He mentioned  separate legislation  related to                                                                    
carbon sequestration,  which could  help grow  the Permanent                                                                    
Fund and  funds could  be redistributed in  the form  of the                                                                    
dividend. He continued that it  was a mechanism available to                                                                    
the state to  protect and provide incentives  for the people                                                                    
of Alaska  based on  the policies  and regulations  of other                                                                    
jurisdictions  and  the  choices companies  were  making  to                                                                    
implement  carbon  neutral  policies.  He  believed  "we're"                                                                    
getting to  the heart  of the  intent behind  the amendment,                                                                    
which   was  protecting   Alaskans  "from   some  of   these                                                                    
policies."                                                                                                                      
                                                                                                                                
1:02:47 PM                                                                                                                    
                                                                                                                                
Representative   Josephson  referenced   the  commissioner's                                                                    
statement  about wanting  to protect  Alaskans from  some of                                                                    
these  policies.   He  asked  for  an   explanation  of  the                                                                    
statement.                                                                                                                      
                                                                                                                                
Commissioner Boyle  replied that it was  perhaps an unartful                                                                    
statement. He  clarified that  companies were  interested in                                                                    
achieving net zero  targets. Some of it was  being driven by                                                                    
regulation   in  certain   jurisdictions  or   by  corporate                                                                    
policies  to  obtain  certain  environmental  standards  and                                                                    
benchmarks influencing companies'  behaviors. He believed it                                                                    
was fair  to say that those  policies may involve a  cost on                                                                    
their product. For example, if  a national airline wanted to                                                                    
achieve  a  net  zero  policy   and  it  did  not  have  the                                                                    
mechanisms at hand to obtain  the goal, it would potentially                                                                    
look to  forest or  other carbon based  offsets to  meet the                                                                    
goals.  As a  result, it  may  have some  impact on  pricing                                                                    
charged to consumers through increased  ticket cost or other                                                                    
items.  The state  did not  have  the ability  to control  a                                                                    
company's pricing mechanism. He  explained that if the state                                                                    
had  the  [carbon credit]  program  in  place, some  of  the                                                                    
consumers  who may  be paying  a higher  price based  on the                                                                    
companies'  choices would  see more  public benefit  through                                                                    
increased government spending,  the Permanent Fund Dividend,                                                                    
and other mechanisms.                                                                                                           
                                                                                                                                
1:05:12 PM                                                                                                                    
                                                                                                                                
Representative   Josephson  addressed   the  amendment.   He                                                                    
believed  it was  the mindset  of the  legislature that  the                                                                    
credit purchasers  would be in  the Lower 48. He  noted that                                                                    
Commissioner  Boyle  had  sort  of suggested  the  same.  He                                                                    
remarked that the state's own  industry may be interested in                                                                    
purchasing  credits. He  stated his  understanding that  the                                                                    
bill  would  be used  as  a  resource development  tool  for                                                                    
resources helping  "our brothers  and sisters" in  the Lower                                                                    
48. He  added that it was  compelled to have no  net loss on                                                                    
biomass.  He  asked  if  it  was   fair  to  say  it  was  a                                                                    
conservation bill from Alaskan lands.                                                                                           
                                                                                                                                
Commissioner Boyle agreed.                                                                                                      
                                                                                                                                
Representative Stapp  opposed the amendment. He  thought the                                                                    
first  part  of  the amendment  was  relatively  unnecessary                                                                    
where  it specified  "it is  the intent  of the  legislature                                                                    
that  the  carbon  offset  program be  used  as  a  resource                                                                    
development tool."  He believed  it was already  implicit in                                                                    
the underlying  bill. His primary  issue with  the amendment                                                                    
was its second aspect that  read "... not cause consumers in                                                                    
the state  to pay  higher prices  for goods  or energy  as a                                                                    
result of  the program." He  stated the intent  language was                                                                    
arbitrary based on a  person's philosophical disposition. On                                                                    
the one  hand, it was  possible to  argue that there  was no                                                                    
value  created in  a carbon  selling  system; therefore,  it                                                                    
drove up  consumer costs. On  the other  hand, environmental                                                                    
advocates  would argue  that inaction  effectively drove  up                                                                    
consumer costs  as well  because at some  point it  would be                                                                    
necessary to  deal with mitigation.  He did not  believe the                                                                    
legislature or the department could  ever fulfill the intent                                                                    
language. He reiterated his opposition to Amendment 1.                                                                          
                                                                                                                                
1:08:38 PM                                                                                                                    
                                                                                                                                
Representative  Coulombe thought  it  was a  valid point  to                                                                    
recognize  that the  program  could  increase energy  costs,                                                                    
which was a  big deal to Alaskans. She  understood the issue                                                                    
was on  the department's radar.  She appreciated all  of the                                                                    
hours  the department  had  spent on  the  topic before  the                                                                    
House Finance Committee. She WITHDREW Amendment 1.                                                                              
                                                                                                                                
Co-Chair Foster noted there were no additional amendments.                                                                      
                                                                                                                                
1:09:55 PM                                                                                                                    
                                                                                                                                
Co-Chair  Johnson  MOVED  to  REPORT  CSSB  48(FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSSB 48(FIN)  was REPORTED out  of committee with  eight "do                                                                    
pass"   recommendations   and  three   "no   recommendation"                                                                    
recommendations and with three  new fiscal impact notes from                                                                    
the Department of Natural Resources,  one new zero note from                                                                    
the   Department  of   Commerce,   Community  and   Economic                                                                    
Development,  and  one  previously published  fiscal  impact                                                                    
note: FN7 (CED).                                                                                                                
                                                                                                                                
1:10:41 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:14:00 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 140 Public Testimony Rec'd by 051623.pdf HFIN 5/16/2023 10:30:00 AM
SB 140
SB 140 Public Testimony Rec'd by 051623 Pkt 2.pdf HFIN 5/16/2023 10:30:00 AM
SB 140
SB 140 HCS-FIN FINAL version w Committee Report.pdf HFIN 5/16/2023 10:30:00 AM
SB 140
SB 140 Public Testimony Pkt.3 .pdf HFIN 5/16/2023 10:30:00 AM
SB 140
SB 140 HCS FIN NEW FN DEED-FP-4-16-23.pdf HFIN 5/16/2023 10:30:00 AM
SB 140
SB 140 HCS FIN NEW FN DEED-PEF-4-16-23.pdf HFIN 5/16/2023 10:30:00 AM
SB 140
SB 140 HCS FIN NEW FN DEED-PT-4-16-23.pdf HFIN 5/16/2023 10:30:00 AM
SB 140