Legislature(2023 - 2024)SENATE FINANCE 532

05/09/2023 01:30 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 138 ELECTIONS; VOTER REG.; CAMPAIGNS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
Bills Previously Heard/Scheduled:
+= SB 122 APPORTION TAXABLE INCOME;DIGITAL BUSINESS TELECONFERENCED
Heard & Held
+= SB 48 CARBON OFFSET PROGRAM ON STATE LAND TELECONFERENCED
Heard & Held
SENATE BILL NO. 48                                                                                                            
                                                                                                                                
     "An   Act  authorizing   the   Department  of   Natural                                                                    
     Resources   to  lease   land   for  carbon   management                                                                    
     purposes;  establishing  a  carbon offset  program  for                                                                    
     state  land;  authorizing  the sale  of  carbon  offset                                                                    
     credits; and providing for an effective date."                                                                             
                                                                                                                                
2:58:24 PM                                                                                                                    
                                                                                                                                
RENA MILLER, SPECIAL ASSISTANT,  OFFICE OF THE COMMISSIONER,                                                                    
DEPARTMENT OF NATURAL RESOURCES,  (DNR) addressed the fiscal                                                                    
notes.                                                                                                                          
                                                                                                                                
2:59:53 PM                                                                                                                    
                                                                                                                                
CHRISTY  COLLES,  DIRECTOR,  DIVISION OF  MINING,  LAND  AND                                                                    
WATER,    DEPARTMENT     OF    NATURAL     RESOURCES    (via                                                                    
teleconference),  introduced  herself.   She  spoke  to  the                                                                    
fiscal note related to the leases portion of the bill.                                                                          
                                                                                                                                
3:01:27 PM                                                                                                                    
                                                                                                                                
ASHLEE   ADOKO,  EXECUTIVE   DIRECTOR,  OFFICE   OF  PROJECT                                                                    
MANAGEMENT AND  PERMITTING, DEPARTMENT OF  NATURAL RESOURCES                                                                    
(via teleconference), spoke to the fiscal note.                                                                                 
                                                                                                                                
3:03:02 PM                                                                                                                    
                                                                                                                                
HELGE  ENG, STATE  FORESTER, DIVISION  OF FORESTRY  AND FIRE                                                                    
PROTECTION,   DEPARTMENT    OF   NATURAL    RESOURCES   (via                                                                    
teleconference), spoke to the fiscal note.                                                                                      
                                                                                                                                
3:05:12 PM                                                                                                                    
                                                                                                                                
Senator Bishop wondered  whether the there could  be a shift                                                                    
to defining it as DGF funds after the revenue began.                                                                            
                                                                                                                                
Ms. Miller replied in the affirmative.                                                                                          
                                                                                                                                
Senator Merrick noted  the two bills related  to carbon. She                                                                    
wondered  which  bill  was  more   of  a  priority  for  the                                                                    
administration.                                                                                                                 
                                                                                                                                
Ms. Miller replied that the  Department of Natural Resources                                                                    
(DNR) would  like both bills  to have potential  to generate                                                                    
revenue.                                                                                                                        
                                                                                                                                
3:07:11 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:07:59 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
3:08:04 PM                                                                                                                    
                                                                                                                                
Ms. Miller discussed the Sectional Analysis:                                                                                    
                                                                                                                                
     Section  1:  Amends  AS   36.30.850(b)  to  exempt  the                                                                    
     Department  of Natural  Resources (DNR)  from following                                                                    
     the state procurement code  when contracting with third                                                                    
     parties  for  purposes  related to  the  carbon  offset                                                                    
     program established  in Section  6. Requires  notice by                                                                    
     DNR  if the  department elects  to use  the procurement                                                                    
     code.                                                                                                                      
                                                                                                                                
     Section  2: Amends  AS  37.05.146(c)  to allow  revenue                                                                    
     from  carbon  offset  credit sales  to  be  treated  as                                                                    
     designated  program  receipts.  This revenue  would  be                                                                    
     deposited  into  a  new   Carbon  Offset  Revenue  Fund                                                                    
     established in Section 6.                                                                                                  
                                                                                                                                
     Section  3:   Conforming  to   Section  4.   Amends  AS                                                                    
     38.05.075(a)  to exempt  state land  leases for  carbon                                                                    
     management purposes from a  requirement to award leases                                                                    
     to the  highest bidder at  public auction or  by sealed                                                                    
     bid  and related  terms when  competitive interest  has                                                                    
     been demonstrated, as  Section 4 establishes procedures                                                                    
     specific to the carbon management purpose leases.                                                                          
                                                                                                                                
     Section 4: Adds  a new section to  AS 38.05 authorizing                                                                    
     DNR to  lease state  land to  third parties  for carbon                                                                    
     management purposes.                                                                                                       
          Proposed AS 38.05.081(b):  Provides an application                                                                    
          process  for   a  state  land  lease   for  carbon                                                                    
          management purposes.                                                                                                  
          Proposed  AS  38.05.081(c):  Sets  a  process  for                                                                    
          deciding between  applications for the  same land;                                                                    
          an aggrieved  applicant may appeal within  20 days                                                                    
          of a decision.                                                                                                        
          Proposed  AS 38.05.081(d):  Caps  land leases  for                                                                    
          carbon  management   purposes  at  55   years  and                                                                    
          requires    the    lease    include    performance                                                                    
          conditions. Requires  DNR to terminate a  lease if                                                                    
          the  land  is  not  being used  for  the  approved                                                                    
          purpose  or  if the  lessee  fails  to meet  lease                                                                    
          requirements  after  a reasonable  opportunity  to                                                                    
          come into compliance.                                                                                                 
          Proposed AS 38.05.081(e):  Specifies a lessee does                                                                    
          not  receive a  preference right  to purchase  the                                                                    
          leased land.                                                                                                          
          Proposed    AS   38.05.081(f):    Requires   lease                                                                    
          compensation  be designed  to maximize  returns to                                                                    
          the state  and be a  form of compensation  set out                                                                    
          in AS 38.05.073(m).                                                                                                   
          Requires separate accounting  of lease revenue and                                                                    
          allows  the Legislature  to appropriate  the lease                                                                    
          revenue to fund the department's leasing program.                                                                     
          Proposed   AS   38.05.081(g):   Applies   standard                                                                    
          provisions   relating  to   sublease,  assignment,                                                                    
          renewal  and   extension  to  leases   for  carbon                                                                    
          management purposes.                                                                                                  
          Proposed AS  38.05.081(h): Requires DNR to  make a                                                                    
          best  interest  finding,   which  includes  public                                                                    
          notice  of  a   preliminary  decision  for  public                                                                    
          comment,  before issuing  a state  land lease  for                                                                    
          carbon   management  purposes.   A  finding   must                                                                    
          include  the  reasonably   foreseeable  effects  a                                                                    
          project  may have  on the  state or  local economy                                                                    
         and the anticipated revenue to the state.                                                                              
          Proposed  AS  38.05.081(i):  Requires  state  land                                                                    
          leased  for carbon  management purposes  to remain                                                                    
          accessible by the public,  to the extent possible,                                                                    
          for  generally allowed  uses such  as hunting  and                                                                    
          fishing.                                                                                                              
          Proposed  AS  38.05.081(j):  Requires  an  annual,                                                                    
          public  report  to  the  Legislature  on  detailed                                                                    
          information  about the  carbon management  purpose                                                                    
          leasing program.                                                                                                      
          Proposed   AS    38.05.081(k):   Defines   "carbon                                                                    
          management" to  include greenhouse  gas mitigation                                                                    
          measures  and  non-geologic  carbon  sequestration                                                                    
          projects.                                                                                                             
                                                                                                                                
     Section  5:   Conforming  to   Section  4,   amends  AS                                                                    
     38.05.102 such that  at the end of  a carbon management                                                                    
     lease if  the state  moves to  sell or  long-term lease                                                                    
     those same lands, the  carbon management purpose lessee                                                                    
     is not granted a preferential right.                                                                                       
                                                                                                                                
     Section  6:   Adds  a  new  article   within  AS  38.95                                                                    
     establishing the  carbon offset program at  DNR through                                                                    
     enactment  of  AS  38.95.400  -  38.95.499.  Defines  a                                                                    
     process  for DNR  to undertake  carbon offset  projects                                                                    
     and creates a fund to receive project revenues.                                                                            
          Proposed  AS  38.95.400:  Establishes  the  carbon                                                                    
          offset  program and  allows DNR  to contract  with                                                                    
          third parties  to carry out the  new program. Caps                                                                    
          commissions  in  contracts  to  no  more  than  30                                                                    
          percent  of the  revenue generated  by the  carbon                                                                    
          offset   project   the    contract   relates   to.                                                                    
          Explicitly  disclaims  application of  the  carbon                                                                    
          offset   program   to    activities   of   private                                                                    
          landowners.                                                                                                           
          Proposed  AS  38.95.410:  Requires  DNR  to  adopt                                                                    
          criteria  to evaluate  carbon  offset projects  on                                                                    
          state  lands; makes  land generally  available for                                                                    
          carbon offset  projects; and ensures  projects are                                                                    
          not undertaken  on legislatively  designated lands                                                                    
          without legislative approval  or unless allowed by                                                                    
          law. Requires a written  finding that a project is                                                                    
          in  the  best  interests  of the  state  before  a                                                                    
          project is  undertaken; caps  project terms  at 55                                                                    
          years;  and requires  land used  for a  project to                                                                    
          remain open to the  public for access, hunting and                                                                    
         fishing and other generally allowed uses.                                                                              
          Proposed  AS  38.95.420:   Allows  DNR  to  enroll                                                                    
          projects  with  a  registry and  requires  DNR  to                                                                    
          maintain certain project records.                                                                                     
          Proposed AS  38.95.430: Creates the  carbon offset                                                                    
          revenue fund  to receive revenue from  the sale of                                                                    
          carbon offsets.  Funds could be used  for purposes                                                                    
          of the  carbon offset  program and to  pay program                                                                    
          administrative costs.  Appropriations to  the fund                                                                    
          do not lapse.                                                                                                         
          Proposed   AS   38.95.440:  Requires   legislative                                                                    
          approval  to  execute  contracts that  exceed  $10                                                                    
          million  in  costs.  Provides the  Legislature  45                                                                    
          days if  already in  session, or  45 days  once in                                                                    
          session if not already in session, to act.                                                                            
          Proposed AS 38.05.450:  Requires an annual, public                                                                    
          report  to the  Legislature on  specific, detailed                                                                    
          information  about  the   Carbon  Offset  Program,                                                                    
          including  the  entities  engaged  in  a  project,                                                                    
          revenues, and project status.                                                                                         
          Proposed  AS 38.95.499:  Defines 16  terms related                                                                    
          to the new program.                                                                                                   
                                                                                                                                
     Section  7:  Adds  a new  subsection  to  AS  41.15.300                                                                    
     making  land within  the Haines  State Forest  Resource                                                                    
     Management Area eligible for a carbon offset project.                                                                      
                                                                                                                                
     Section  8:   Conforming  to   Section  7.   Amends  AS                                                                    
     41.15.315(d)  allowing  Haines  State  Forest  Resource                                                                    
     Management  Area  lands  to be  managed  for  a  carbon                                                                    
     offset project.                                                                                                            
                                                                                                                                
     Section  9:  Conforming  to  Section   7.  Adds  a  new                                                                    
     subsection to  AS 41.15.315 enabling amendments  to the                                                                    
     Haines   State   Forest    Resource   Management   Area                                                                    
     management plan to allow for  carbon offset projects. A                                                                    
     plan  must  identify  land  appropriate  for  a  carbon                                                                    
     offset project  and a project  must be  consistent with                                                                    
     the management plan.                                                                                                       
                                                                                                                                
     Section  10:  Adds a  new  subsection  to AS  41.17.200                                                                    
     authorizing lands within the  State Forest system to be                                                                    
     used for carbon offset projects.                                                                                           
                                                                                                                                
     Section  11:  Conforming  to   Section  10.  Amends  AS                                                                    
     41.17.220 so  State Forest lands are  managed under the                                                                    
     sustained   yield  principle,   AS   41.17,  a   forest                                                                    
     management plan,  and, as  applicable, a  carbon offset                                                                    
     project.                                                                                                                   
                                                                                                                                
     Section  12:  Conforming  to   Section  10.  Amends  AS                                                                    
     41.17.230(a)  to include  carbon offset  projects among                                                                    
     the forest uses a  forest management plan must consider                                                                    
     and permit when compatible  with the primary purpose of                                                                    
     State Forests.                                                                                                             
                                                                                                                                
     Section  13:  Conforming  to Section  10.  Adds  a  new                                                                    
     subsection  to  AS  41.17.230  enabling  amendments  to                                                                    
     State  Forest management  plans to  allow for  a carbon                                                                    
     offset  project.   Requires  plans  to   identify  land                                                                    
     appropriate for a carbon offset  project and requires a                                                                    
     project be consistent with the plan.                                                                                       
                                                                                                                                
     Section 14: Disallows oil and  gas production tax lease                                                                    
     expenditures for  capital costs  incurred for  a carbon                                                                    
     management  purpose  lease  or a  state  carbon  offset                                                                    
     project.                                                                                                                   
                                                                                                                                
     Section 15:  Sets an immediate  effective date  for the                                                                    
     bill.                                                                                                                      
                                                                                                                                
3:11:36 PM                                                                                                                    
                                                                                                                                
JOHN BOYLE, COMMISSIONER, DEPARTMENT OF NATURAL RESOURCES,                                                                      
thanked the committee for hearing the bill. He stated that                                                                      
carbon bills were important at DNR.                                                                                             
                                                                                                                                
SB 48 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
a. SB138.Omnibus Elections sponsor statement 04-26-23.pdf SFIN 5/9/2023 1:30:00 PM
SSTA 4/27/2023 3:30:00 PM
SB 138
SB138.Letters.pdf SFIN 5/9/2023 1:30:00 PM
SSTA 5/2/2023 3:30:00 PM
SB 138
SB 138 draft powerpoint sfin.pdf SFIN 5/9/2023 1:30:00 PM
SB 138
SB 138 Public Testimony rec'd 050923.pdf SFIN 5/9/2023 1:30:00 PM
SB 138
SB 122 CS Summary of Changes - H to Y 5-9-23.pdf SFIN 5/9/2023 1:30:00 PM
SB 122
SB 122 work draft version Y.pdf SFIN 5/9/2023 1:30:00 PM
SB 122
SB 138 Sectional Analysis.pdf SFIN 5/9/2023 1:30:00 PM
SB 138