Legislature(2005 - 2006)FBX LIO Conf Rm

04/08/2005 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 71 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT TELECONFERENCED
Scheduled But Not Heard
+ SB 130 WORKERS' COMPENSATION TELECONFERENCED
<Pending Referral>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 144 EMISSION CONTROL PROGRAM PERMITS/REGS TELECONFERENCED
Moved CSSB 144(RES) Out of Committee
+= HCR 2 IN-STATE NATURAL GAS NEEDS TELECONFERENCED
Moved HCR 2 Out of Committee
+= SB 70 CRIMES INVOLVING CONTROLLED SUBSTANCES TELECONFERENCED
Heard & Held
+= SB 103 OIL & GAS: REG. OF UNDERGROUND INJECTION TELECONFERENCED
Moved SB 103 Out of Committee
+= SB 110 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL TELECONFERENCED
Heard & Held
+= SB 155 APPROP: SCHOOLS/UNIV/VIROLOGY LAB/MUSEUM TELECONFERENCED
Moved CSSB 155(FIN) Out of Committee
9:24:56 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 103                                                                                                        
     "An Act relating to regulation of underground injection under                                                              
     the federal Safe Drinking Water Act; and providing for an                                                                  
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
DAN  SEAMOUNT,  Commissioner,   Alaska  Oil  and  Gas  Conservation                                                             
Commission,  testified via  teleconference  from an offnet  location                                                            
and referenced  a handout  titled, "Alaska  UIC Issues, What  we do.                                                            
What are the challenges?  What are the options?" [Copy  on file.] He                                                            
stated this outlines the bill.                                                                                                  
                                                                                                                                
Co-Chair Green requested the witness overview the information.                                                                  
                                                                                                                                
9:26:39 AM                                                                                                                    
                                                                                                                                
Mr. Seamount  stated the second page  of the handout summarizes  the                                                            
issue. This page reads as follows.                                                                                              
                                                                                                                                
     AOGCC - EPA UIC Situation                                                                                                  
        · Introduction                                                                                                          
        · UIC and other USDW Responsibilities                                                                                   
        · Senate Bill 103                                                                                                       
        · The problem to solve                                                                                                  
             o UIC Well Classes                                                                                                 
             o Alaska UIC situation - redundancy, confusion, time,                                                              
                $$                                                                                                              
        · Options/Solutions                                                                                                     
                                                                                                                                
Mr.  Seamount  testified  this  bill  would  allow  the  State,  and                                                            
specifically   the  Alaska  Oil  and  Gas  Conservation   Commission                                                            
(AOGCC), to obtain partial  primacy for oversight of Class 1 type of                                                            
disposal  wells. There are  only seven in  the State. Currently  the                                                            
AOGCC has oversight of  the approximately 1,155 Class 2 wells, which                                                            
are constructed almost  identically to Class 1 wells and are located                                                            
in  the same  areas. The  agency  has inspectors  on  site and  this                                                            
legislation would not cost the State additional funds.                                                                          
                                                                                                                                
Mr.  Seamount  remarked  that  the  current  "redundant"   oversight                                                            
results in  confusion and requires  time and money of both  industry                                                            
and government.  With the  passage of this  legislation, one  agency                                                            
would provide  oversight  and issues  decisions as  to the types  of                                                            
fluids placed in these wells.                                                                                                   
                                                                                                                                
Mr. Seamount  informed that  a task force  has been formed  with the                                                            
federal  Environmental   Protection  Agency  (EPA)  to  address  the                                                            
transfer of this  program. The EPA is "generally on  board with this                                                            
idea".                                                                                                                          
                                                                                                                                
Co-Chair Wilken  directed attention  to the photograph on  the third                                                            
page of the  handout showing caribou  grazing alongside the  Alyeska                                                            
Pipeline.  This picture  counters  the argument  about "caribou  and                                                            
pipelines not getting along."                                                                                                   
                                                                                                                                
Senator Bunde  told of 16 hunting  trips he has made to Prudhoe  Bay                                                            
and reported  that on each  visit he has  seen caribou "standing  in                                                            
the shade" of the pipeline.                                                                                                     
                                                                                                                                
Senator Olson  asked the consequences if this bill  fails to pass in                                                            
to law.                                                                                                                         
                                                                                                                                
9:30:43 AM                                                                                                                    
                                                                                                                                
Mr.  Seamount replied  that  without  enabling statute,  the  agency                                                            
could not assume operation  of the program. The legislation would be                                                            
reintroduced the following legislative session.                                                                                 
                                                                                                                                
Senator Olson asked how this would impact industry operations.                                                                  
                                                                                                                                
9:31:13 AM                                                                                                                    
                                                                                                                                
Mr. Seamount responded  that generally EPA approval is significantly                                                            
slower than  AGOCC approvals. The  confusion about allowable  fluids                                                            
for  the different  well  classes  would  continue. As  an  example,                                                            
fluids could not be deposited  into a Class 2 well unless "they come                                                            
from down  the haul".  Situations exist  in which  a "cement  job is                                                            
being run  on a well"  and the  deposit of some  materials could  be                                                            
made in a Class 2 well  but other materials must be deposited into a                                                            
Class 1  well. Exactly  the same  fluids have  to go down  different                                                            
wells and often these wells are located near each other.                                                                        
                                                                                                                                
9:32:25 AM                                                                                                                    
                                                                                                                                
Senator Olson asked the industry opinion of this bill.                                                                          
                                                                                                                                
9:32:34 AM                                                                                                                    
                                                                                                                                
Mr. Seamount  replied that  the Alaska Oil  and Gas Association  has                                                            
testified  in  support  of  this bill  at  hearings  held  in  other                                                            
committees.                                                                                                                     
                                                                                                                                
9:32:47 AM                                                                                                                    
                                                                                                                                
Co-Chair Green  asked how the original "misclassification"  of these                                                            
wells came about.                                                                                                               
                                                                                                                                
9:33:01 AM                                                                                                                    
                                                                                                                                
Mr. Seamount  recalled that  the passage of  the federal Safe  Water                                                            
Drinking  Act in  approximately  1976  established  five classes  of                                                            
wells. He noted that details  of these classifications are contained                                                            
in  the   aforementioned   handout.  The   federal  government   had                                                            
determined  that class  2 wells  used in  the oil  and gas  industry                                                            
could be managed  by the State; the  federal government must  manage                                                            
the remainder of well classifications.                                                                                          
                                                                                                                                
Co-Chair Green asked about any opposition to this bill.                                                                         
                                                                                                                                
Mr. Seamount had heard of no opposition.                                                                                        
                                                                                                                                
Co-Chair Green noted that no one had signed up to testify.                                                                      
                                                                                                                                
9:34:26 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green noted  the letter  of intent adopted  by the  Senate                                                            
Resources Committee.                                                                                                            
                                                                                                                                
Mr. Seamount had no comment on the letter of intent.                                                                            
                                                                                                                                
Co-Chair Green  highlight that the  letter of intent relates  to the                                                            
oversight of  other class wells in  the future by appropriate  state                                                            
agencies.                                                                                                                       
                                                                                                                                
9:35:38 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilken  offered a motion to report the bill  from Committee                                                            
with individual  recommendations, accompanying letter  of intent and                                                            
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There was  no objection  and SB  103 MOVED from  Committee with  the                                                            
Senate Resources  Committee  letter of intent  dated March  7, 2005,                                                            
fiscal note  #1 for $25,000 from the  Department of Administration,                                                             
and zero fiscal  note #2 from the  Department of Natural  Resources.                                                            
                                                                                                                                
9:36:33 AM                                                                                                                    
                                                                                                                                
[Pause on record.]                                                                                                              
                                                                                                                                

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