Legislature(2007 - 2008)HOUSE FINANCE 519

01/25/2007 01:30 PM House FINANCE


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Audio Topic
01:35:07 PM Start
01:36:33 PM Overview: Department of Natural Resources
03:02:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Department of Natural Resources TELECONFERENCED
+ Overview: Department of Labor and TELECONFERENCED
Workforce Development
-- Teleconference <Invitation Only> --
                   HOUSE FINANCE COMMITTEE                                                                                      
                      January 25, 2007                                                                                          
                          1:35 p.m.                                                                                             
                                                                                                                                
 CALL TO ORDER                                                                                                                
                                                                                                                                
 Co-Chair Meyer called the House Finance Committee meeting to                                                                   
 order at 1:35:07 PM.                                                                                                         
                                                                                                                                
 MEMBERS PRESENT                                                                                                              
                                                                                                                                
 Representative Mike Chenault, Co-Chair                                                                                         
 Representative Kevin Meyer, Co-Chair                                                                                           
 Representative Bill Stoltze, Vice-Chair                                                                                        
 Representative Harry Crawford                                                                                                  
 Representative Richard Foster                                                                                                  
 Representative Les Gara                                                                                                        
 Representative Mike Hawker                                                                                                     
 Representative Reggie Joule                                                                                                    
 Representative Mike Kelly                                                                                                      
 Representative Bill Thomas, Jr.                                                                                                
                                                                                                                                
 MEMBERS ABSENT                                                                                                               
                                                                                                                                
 Representative Mary Nelson                                                                                                     
                                                                                                                                
 ALSO PRESENT                                                                                                                 
                                                                                                                                
 Representative Bob Buch; Representative Anna Fairclough                                                                        
                                                                                                                                
 PRESENT VIA TELECONFERENCE                                                                                                   
                                                                                                                                
 Marty Rutherford, Acting Commissioner, Department of Natural                                                                   
 Resources; Dick Mylius, Acting Director, Division of Mining                                                                    
 Land and  Water,  Department of  Natural  Resources; Chris                                                                     
 Maisch,  Director, Division  of  Forestry,  Department  of                                                                     
 Natural Resources; Kevin Banks, Acting Director, Division of                                                                   
 Oil  &   Gas,  Department  of   Natural  Resources;  Larry                                                                     
 DeVilbiss, Director, Division of Agriculture, Department of                                                                    
 Natural Resources                                                                                                              
                                                                                                                                
 GENERAL SUBJECT(S):                                                                                                          
                                                                                                                                
         ^OVERVIEW: DEPARTMENT OF NATURAL RESOURCES                                                                           
                                                                                                                                
The  following  overview  was  taken in  log  note  format.                                                                     
Handouts will be  on file with  the House Finance Committee                                                                     
through  the  25th Legislative  Session,  contact 465-6814.                                                                     
After the  25th Legislative Session they  will be available                                                                     
through the Legislative Library at 465-3808.                                                                                    
                                                                                                                                
 TIME        SPEAKER         DISCUSSION                                                                                     
 1:36:33 PM Co-Chair Meyer Introduced members and presenters.                                                                 
1:37:04 PM MARTY            Introduced members of her staff.                                                                  
            RUTHERFORD,                                                                                                         
            ACTING                                                                                                              
            COMMISSIONER,                                                                                                       
            DEPARTMENT OF                                                                                                       
            NATURAL                                                                                                             
            RESOURCES                                                                                                           
1:40:35 PM Commissioner     Related   that   she   will   highlight                                                           
            Rutherford      challenges to the Department of Natural                                                             
                            Resources   (DNR)  and   described  key                                                             
                            programs  as   shown  in   the  handout                                                             
                            "Department of  Natural Resources As of                                                             
                            January  2007"  (copy  on file.)    She                                                             
                            shared  DNR's   mission:  "To  develop,                                                             
                            conserve,  and  maximize   the  use  of                                                             
                            Alaska's  natural  resources consistent                                                             
                            with the public's interest."                                                                        
                            She  described the  responsibilities of                                                             
                            the     Commissioner's    office    and                                                             
                            emphasized  the three  top  issues: the                                                             
                            natural   gas  pipeline,   Bristol  Bay                                                             
                            omnibus     issues,    and     employee                                                             
                            recruitment and retention.                                                                        
1:42:20 PM Commissioner     Spoke to recruitment and retention                                                                
            Rutherford      issues and noted that DNR is crucial to                                                             
                            Alaska's economy.                                                                                 
1:44:38 PM Commissioner     Discussed the mission of the Division                                                             
            Rutherford      of Oil and Gas.  The three primary                                                                  
                            purposes   of  the   Division  are   to                                                             
                            encourage  exploration and development,                                                             
                            to maximize benefits of development and                                                             
                            production   to  the   state,  and   to                                                             
                            maximize  non-tax revenue from  oil and                                                             
                            gas production.   The transition team's                                                             
                            focus  was  on  declining oil  and  gas                                                             
                            production  on  the  North  Slope,  the                                                             
                            Point  Thomson litigation, and  the gas                                                             
                            pipeline  project.  It  also  addressed                                                             
                            system integrity.                                                                                   
                            DNR will  be moving into  a larger role                                                             
                            on  the North  Slope;  coordinating oil                                                             
                            and   gas   permitting  and   oversight                                                             
                            activities   of   state   and   federal                                                             
                            agencies,  reviewing  quality assurance                                                             
                            programs  of  companies,  and  insuring                                                             
                            there  are no  gaps or  duplications of                                                             
                            efforts  among  the  various regulatory                                                             
                            agencies.                                                                                         
1:46:45 PM Commissioner     Addressed the mission of the Office of                                                            
            Rutherford      Project Management & Permitting -                                                                   
                            Coastal Management, which is to oversee                                                             
                            responsibility  of   coastal  uses  and                                                             
                            resources.   The Coastal  District Plan                                                           
                             revisions are  on-going.   She  related                                                            
                             the   purposes  of   the   Transitional                                                            
                             Report.                                                                                          
 1:49:04 PM  Commissioner    Summarized the purpose of the Office of                                                          
             Rutherford      Project Management & Permitting - Large                                                            
                             Project  Permitting, which  coordinates                                                            
                             state review and permitting, and  state                                                            
                             participation  in   federal  land   use                                                            
                             planning  efforts.     It   is   almost                                                            
                             entirely funded by program receipts.                                                             
 1:50:11 PM  Commissioner    Explained the purpose of the  Office of                                                          
             Rutherford      Habitat Management and Permitting,                                                                 
                             which is  to protect Alaska's fish  and                                                            
                             wildlife resources and their habitats.                                                           
 1:52:20 PM  Commissioner    Related the purpose of the  Division of                                                          
             Rutherford      Mining, Land and Water and its various                                                             
                             offices.     This   division   is   the                                                            
                             foundation  for   all  of   the   other                                                            
                             agencies in DNR.                                                                                 
 1:54:09 PM  Commissioner    Spoke about  the Forestry Division  and                                                          
             Rutherford      highlighted   its   purposes.      This                                                            
                             division also provides Fire Suppression                                                            
                             services.                                                                                        
 1:57:32 PM  Commissioner    Talked   about   the   Geological   and                                                          
             Rutherford      Geophysical   Surveys   Division,   its                                                            
                             purpose and important issues.                                                                    
 1:59:30 PM  Commissioner    Discussed the Board of  Agriculture and                                                          
             Rutherford      Conservation and the role of the                                                                   
                             Division of Agriculture.                                                                         
 2:00:29 PM  Commissioner    Spoke   about  the   Conservation   and                                                          
             Rutherford      Development   Board,   which   provides                                                            
                             support  and  advice  for  conservation                                                            
                             planning.    She   related  information                                                            
                             about the  Alaska  Mental Health  Trust                                                            
                             Land Office, a distinct entity.                                                                  
 2:02:21 PM  Commissioner    Explained  the Division  of  Parks  and                                                          
             Rutherford      Outdoor Recreation's tasks.  A key                                                                 
                             difference between Alaska's state parks                                                            
                             and Alaska's  national park  system  is                                                            
                             that the  state parks are located  near                                                            
                             communities and along road  systems and                                                            
                             are accessible to Alaskans.                                                                      
 2:03:33 PM  Commissioner    Highlighted   the   Support    Services                                                          
             Rutherford      Division,    which     provides     the                                                            
                             information  technology  services   and                                                            
                             graphic  land  records  to  DNR.    She                                                            
                             emphasized the services provided.                                                                
 2:06:24 PM  Commissioner    Noted the involvement of DNR  with work                                                          
             Rutherford      on the gas pipeline.                                                                             
 2:06:57 PM Vice-Chair       Highlighted the difference between                                                               
             Stoltz          Alaska state and national parks,                                                                   
                             calling  the   state  parks  and   land                                                          
                            managers  stewards rather  than distant                                                             
                            landlords.                                                                                        
2:08:25 PM  Representative  Asked   if  oil  production   could  be                                                           
            Gara            increased on the North Slope by                                                                     
                            improving facilities access.                                                                      
2:09:07 PM  Commissioner    Replied  that DNR has  not had  time to                                                           
            Rutherford      discuss this yet, but would be glad to                                                              
                            follow up on it at a later date.                                                                  
2:09:50 PM Vice-Chair       Asked about a long-range plan for the                                                             
            Stoltz          funding of the Division of Agriculture.                                                             
                            Commissioner  Rutherford  replied  that                                                             
                            DNR  has not had  time to  address that                                                             
                            issue.                                                                                            
2:11:31 PM LARRY            Noted that the revolving loan fund was                                                            
            DEVILBISS,      never intended to run the entire                                                                    
            DIRECTOR,       Division.                                                                                         
            DIVISION     OF                                                                                                     
            AGRICULTURE,                                                                                                        
            DEPARTMENT OF                                                                                                       
            NATURAL                                                                                                             
            RESOURCES                                                                                                           
2:12:39 PM  Co-Chair Meyer  Requested   an  update   on  production                                                           
                            activity on the North Slope and whether                                                             
                            PPT  will serve to  increase production                                                             
                            in the future.  Commissioner Rutherford                                                             
                            said  she  is waiting  to  see how  PPT                                                             
                            works.   She  voiced concern  about the                                                             
                            production  decline.   She  pointed out                                                             
                            that  she is  pleased by  the  level of                                                             
                            production activity by  some of the new                                                             
                            players such as  Shell and British Gas.                                                             
                            The intention of  PPT is to incentivize                                                             
                            exploration and development.                                                                      
2:15:46 PM  Co-Chair Meyer  Expressed pleasure  that there  are new                                                           
                            companies now  on the North Slope.   He                                                             
                            thought    that    Shell's    off-shore                                                             
                            production   might    not   result   in                                                             
                            royalties for the state.                                                                          
2:16:23 PM  Commissioner    Spoke  about Shell's on-shore  and off-                                                           
            Rutherford      shore activity.                                                                                   
2:17:10 PM  KEVIN    BANKS, Spoke of the  current status of oil and                                                           
            ACTING          gas activities on the North Slope.  He                                                              
            DIRECTOR,       wondered when the results of PPT would                                                              
            DIVISION     OF be apparent.   The players on the North                                                             
            OIL    &   GAS, Slope   are  enjoying   the  transition                                                             
            DEPARTMENT   OF credits   offered    under   PPT   that                                                             
            NATURAL         newcomers don't get.  Mr. Banks                                                                     
            RESOURCES       described   how   the   royalties   are                                                             
                            acquired for  Shell's explorations.  He                                                             
                            commented that  more volume in  the oil                                                             
                            pipeline  means  lower  tariffs,  which                                                             
                            will increase the state's royalties and                                                             
                            tax benefits.                                                                                     
 2:20:11 PM  Co-Chair Meyer  Mentioned the relationship between  the                                                          
                             gas pipeline and new oil.                                                                        
 2:20:46 PM  Co-Chair Meyer  Asked  for   an  update   on  the   gas                                                          
                             pipeline.     Commissioner   Rutherford                                                            
                             shared where  the process is  at.   She                                                            
                             pointed out that  there has been a  lot                                                            
                             of good  feedback  on Governor  Palin's                                                            
                             proposed Alaska Gasline  Inducement Act                                                            
                             (AGIA).                                                                                          
 2:22:16 PM Co-Chair         Asked if the North Slope is production-                                                          
             Chenault        limited.  Mr. Banks replied that the                                                               
                             facilities are working at capacity now.                                                            
                             He  described  how  new  companies  are                                                            
                           fitting in.                                                                                        
 2:24:11 PM Co-Chair         Put forth a hypothetical situation of a                                                          
             Chenault        new producer bringing in a new well and                                                            
                             having to back out a couple other wells                                                            
                             in order to  put the new well into  the                                                            
                             system if it were  running at capacity,                                                            
                             the restricting  factor being  gas  and                                                            
                             water,  not oil.    If  it  is  "volume                                                            
                             limited" there  needs  to be  give  and                                                            
                             take for new players.  He  talked about                                                            
                             expanding  facilities.      Mr.   Banks                                                            
                             pointed out  that  the facilities  also                                                            
                             include flow lines and pipelines, which                                                            
                             are not at capacity.                                                                             
 2:26:16 PM Co-Chair         Concluded that if the production                                                                 
             Chenault        facility were not limited by the gas                                                               
                             and  water  content  in  the  reservoir                                                            
                             today, there would be  more production.                                                            
                             Mr. Banks agreed.                                                                                
 2:26:57 PM Co-Chair         Asked if legislation was passed last                                                             
             Chenault        year with the intent to start fire                                                                 
                             suppression a month earlier this year.                                                           
 2:28:05 PM  CHRIS   MAISCH, Replied  that  is  correct.    Co-Chair                                                          
             DIRECTOR,       Chenault asked about the Nenana fire.                                                              
             DIVISION    OF  Mr.  Maisch  replied  that   the  Parks                                                            
             FORESTRY,       Highway fire was one of the few in the                                                             
             DEPARTMENT  OF  state  this   past   year.     Co-Chair                                                            
             NATURAL         Chenault wondered why that fire got out                                                            
             RESOURCES       of control.  Mr. Maisch replied that                                                               
                             each fire  is  unique  and may  not  be                                                            
                             caught, even with  an earlier start  of                                                            
                             the fire season                                                                                  
 2:28:50 PM  Representative  Thanked Commissioner Rutherford for the                                                          
             Hawker          work she has done on the Mental Health                                                             
                             Trust  Lands   Office.     Commissioner                                                            
                             Rutherford noted how important it is to                                                            
                             stay on  top of that  specific resource                                                            
                             development.                                                                                     
 2:30:07 PM  Representative  Encouraged the  Department to  continue                                                          
             Hawker          in the direction of long-range planning                                                          
                            such  as was done  for the  State Parks                                                             
                            System.   Commissioner  Rutherford said                                                             
                            it  was  an  outstanding  job,  and  it                                                             
                            focused on  the right  philosophy and a                                                             
                            yearly     implementation     strategy.                                                             
                            Representative Hawker wondered how this                                                             
                            trend   could   continue.  Commissioner                                                             
                            Rutherford   recognized   that   budget                                                             
                            tightening  is difficult.    She shared                                                             
                            her  philosophy and  approach for  DNR.                                                             
                            Representative       Hawker      voiced                                                             
                            appreciation.                                                                                     
2:33:14 PM Representative  Asked what is next for Point Thomson.                                                              
            Crawford        Commissioner Rutherford said it is in                                                               
                            the early stages of litigation and then                                                             
                            the  releasing  of  Point Thomson  land                                                             
                            will  be determined.   If litigation is                                                             
                            successful,  then discussion  is needed                                                             
                            for  alternative  methods of  releasing                                                             
                            that land.                                                                                        
2:34:51 PM Representative  Wondered when access to that land will                                                             
            Hawker          be available.  Commissioner Rutherford                                                              
                            thought   it  would  be   a  three-year                                                             
                            process.                                                                                          
2:35:49 PM Co-Chair Meyer Asked for information about mining                                                                  
                            projects, the  Tongass Management Plan,                                                             
                            and the Beaufort Lease Sale.                                                                      
2:36:32 PM Mr. Maisch       Explained that the Tongass Management                                                             
                            Plan  just  had  a  draft Environmental                                                             
                            Impact  Statement   (EIS)  released  on                                                             
                            February   12.      The   Division   is                                                             
                            participating  in   the  Tongass  Round                                                             
                            Table  discussion with  communities and                                                             
                            industries affected  by the  draft EIS.                                                             
                            A  team of  ADF&G and DNR  members will                                                             
                            address  specific issues  in the  plan.                                                             
                            The overall  effort will be coordinated                                                             
                            by both departments' commissioners.                                                               
2:38:02 PM DICK     MYLIUS, Provided an update on mining projects                                                             
            ACTING          in the state.  He stated that mineral                                                               
            DIRECTOR,       prices continue to be very high;                                                                    
            DIVISION     OF therefore there is also a high interest                                                             
            MINING     LAND in  state lands. There will  be record-                                                             
            AND      WATER, breaking revenues from taxes and                                                                    
            DEPARTMENT   OF royalties to the  state in the next few                                                             
            NATURAL         years. He highlighted big projects such                                                             
            RESOURCES       as Pogo, which was recently permitted,                                                              
                            and  had  its  first  gold produced  in                                                             
                            February.  He  listed  projects in  the                                                             
                            permitting  stage; Kensington  and Rock                                                             
                            Creek.   He  mentioned future projects;                                                             
                            Chuitna  Coal across  from  Cook Inlet,                                                             
                            Donlin Creek, and Pebble Mine.                                                                    
 2:44:20 PM  Commissioner    Added that  Rock  Creek litigation  has                                                          
             Rutherford      been suspended for now and the Beaufort                                                            
                             Lease Sale is coming up.                                                                         
 2:45:25 PM Co-Chair Meyer Asked about other future sales.                                                                    
 2:46:08 PM Vice-Chair       Asked about projects in the Mat-Su                                                               
             Stoltz          Valley area.  Mr. Maisch responded that                                                            
                             Lucky Shot  is of  interest in  Hatcher                                                            
                             Pass, as  is  coal  development in  the                                                            
                             Sutton area.   There are  many projects                                                            
                             in    the   Fairbanks    area,    also.                                                            
                             Commissioner  Rutherford  talked  about                                                            
                             the  Chickaloon project.    Full  Metal                                                            
                             Minerals is responsible for the lease.                                                           
 2:48:58 PM  Representative  Recalled the  2004  Bristol Bay  mining                                                          
             Hawker          plan document regarding Pebble and                                                                 
                             Talarik Units, where a  management plan                                                            
                             was required prior  to permitting.   He                                                            
                             inquired if  this administration  would                                                            
                             have  such   a   plan.     Commissioner                                                            
                             Rutherford  replied  that  she  is  not                                                            
                             familiar with this  issue.  Mr.  Mylius                                                            
                             recalled that the 2004 plan  called for                                                            
                             a comprehensive permitting process  for                                                            
                             Pebble Mine, not a  specific management                                                            
                             plan.  Representative  Hawker disagreed                                                            
                             and  suggested Mr.  Mylius  review  the                                                            
                             plan.   Commissioner Rutherford  agreed                                                            
                             to  look at  the  plan and  Mr.  Mylius                                                            
                             agreed  to  meet   with  Representative                                                            
                             Hawker at a later date.                                                                          
 2:52:00 PM Mr. Banks        Discussed the Beaufort sale of March                                                             
                             2006,  which  brought  in  about  $14.5                                                            
                             million in  bonus bids  - a  successful                                                            
                             sale.   BP  was the  highest bidder  at                                                            
                             over $7 million.  Sixty-two tracks were                                                            
                             leased  and   13   tracks  were   sold.                                                            
                             Upcoming  sales  are  on   schedule  in                                                            
                             February for  Bristol Bay,  in May  for                                                            
                             Cook Inlet, and in October for Beaufort                                                            
                             and North Slope.                                                                                 
 2:54:26 PM  Co-Chair Meyer  Asked if there  were a gas  pipeline in                                                          
                             place,  would   the   lease  sales   be                                                            
                             greater.  Mr. Banks described how North                                                            
                             Slope sales might  turn out under  that                                                            
                             scenario.                                                                                        
 2:55:40 PM  Representative  Asked about the Pebble Mine and Talarik                                                          
             Gara            Creek water permit.  He wondered what                                                              
                             rules   limit   DNR's   discretion   on                                                            
                             granting a water withdrawal permit.                                                              
 2:56:49 PM Mr. Mylius       Explained the water withdrawal permit                                                            
                             process.                                                                                         
 2:58:07 PM  Representative  Inquired if current  statutes regarding                                                          
             Gara            water withdrawal are adequate.  Mr.                                                              
                            Mylius  replied  that  he thought  they                                                             
                            were.  He added that DNR works with the                                                             
                            Department of  Fish and  Game gathering                                                             
                            surface  and  ground water  information                                                             
                            and on permitting.                                                                                
2:59:53 PM Co-Chair Meyer Thanked DNR for the presentation.                                                                   
                            Commissioner    Rutherford    expressed                                                             
                            appreciation for the committee's time.                                                            
3:01:12 PM Representative  Spoke about the high cost of energy in                                                             
            Joule           rural areas.  Commissioner Rutherford                                                               
                            suggested   a  conversation   with  Bob                                                             
                            Swenson   from   the   Geological   and                                                             
                            Geophysical Surveys Division.                                                                     
3:02:21 PM                  ADJOURNMENT                                                                                     
                                                                                                                                
                            The meeting was adjourned at 3:02 PM.                                                             
                                                                                                                                
                                                                                                                                

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