Legislature(2005 - 2006)CAPITOL 120

07/25/2006 08:30 AM House JUDICIARY


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08:40:40 AM Start
08:40:49 AM HB3002
09:41:59 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB3002 STRANDED GAS AMENDMENTS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         July 25, 2006                                                                                          
                           8:40 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative John Coghill                                                                                                     
Representative Pete Kott                                                                                                        
Representative Peggy Wilson                                                                                                     
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Tom Anderson                                                                                                     
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Paul Seaton                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 3002                                                                                                             
"An  Act relating  to the  Alaska Stranded  Gas Development  Act;                                                               
relating to municipal impact money  received under the terms of a                                                               
stranded gas  fiscal contract; relating to  determination of full                                                               
and  true  value  of  property  and  required  contributions  for                                                               
education  in  municipalities  affected by  stranded  gas  fiscal                                                               
contracts; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 3002                                                                                                                 
SHORT TITLE: STRANDED GAS AMENDMENTS                                                                                            
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
07/12/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
07/12/06       (H)       JUD, FIN                                                                                               
07/25/06       (H)       JUD AT 8:30 AM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSEPH K. DONOHUE, Attorney at Law                                                                                              
Preston Gates & Ellis, LLP                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Presented  HB   3002  on  behalf  of  the                                                               
administration.                                                                                                                 
                                                                                                                                
EDDY JEANS, Director                                                                                                            
School Finance                                                                                                                  
Department of Education and Early Development (EED)                                                                             
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During  discussion  of  HB 3002,  provided                                                               
comments and responded to questions regarding Section 5.                                                                        
                                                                                                                                
PHILLIP C. GILDAN, Attorney at Law                                                                                              
Greenberg Traurig, LLP                                                                                                          
West Palm Beach, Florida                                                                                                        
POSITION STATEMENT:   Relayed that  he would provide  comments on                                                               
HB 3002  after the administration  has presented  its suggestions                                                               
for change.                                                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL   McGUIRE  called   the  House   Judiciary  Standing                                                             
Committee  meeting  to  order at  8:40:40  AM.    Representatives                                                             
McGuire,  Wilson, Kott,  Gara, and  Coghill were  present at  the                                                               
call to order.   Representative Gruenberg arrived  as the meeting                                                               
was in progress.  Representative Seaton was also in attendance.                                                                 
                                                                                                                                
HB 3002 - STRANDED GAS AMENDMENTS                                                                                             
                                                                                                                                
8:40:49 AM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE announced that the  only order of business would be                                                               
HOUSE BILL NO. 3002, "An Act  relating to the Alaska Stranded Gas                                                               
Development  Act; relating  to  municipal  impact money  received                                                               
under the  terms of a  stranded gas fiscal contract;  relating to                                                               
determination of  full and  true value  of property  and required                                                               
contributions  for   education  in  municipalities   affected  by                                                               
stranded  gas fiscal  contracts; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
8:41:34 AM                                                                                                                    
                                                                                                                                
JOSEPH K. DONOHUE,  Attorney at Law, Preston Gates  & Ellis, LLP,                                                               
after  relaying  that  his  firm   is  under  contract  with  the                                                               
Department of  Law (DOL), presented  HB 3002.   He said  that the                                                               
bill divides  itself into three  basic areas:  Section  1 expands                                                               
the "Purpose"  provision of the  Alaska Stranded  Gas Development                                                               
Act; Sections 2-4  pertain to a new approach  to the distribution                                                               
of "impact payments" paid to the  state pursuant to Article 18 of                                                               
the  proposed   Alaska  Stranded   Gas  Fiscal   Contract  ("ASGF                                                               
Contract");  and Section  5  corrects a  problem  created by  the                                                               
Payments in Lieu of Taxes  (PILT) provisions of the ASGF Contract                                                               
regarding the impact on the school funding formula.                                                                             
                                                                                                                                
MR.  DONOHUE, with  regard to  Section 5,  explained specifically                                                               
that Articles 15-17 of the  ASGF Contract call for PILT regarding                                                               
payments on the Trans-Alaska Pipeline  System (TAPS), payments on                                                               
the "upstream  facilities" on  the North  Slope, and  payments on                                                               
the "midstream facility"  once its constructed.   These PILT have                                                               
had the  effect of  removing those properties  from the  AS 43.56                                                               
property tax base which in turn  has had an adverse effect on the                                                               
school funding  formula.   Section 5  of HB  3002 is  designed to                                                               
provide  the  Department  of   Commerce,  Community,  &  Economic                                                               
Development  (DCCED)  with  the  authority to  come  up  with  an                                                               
assessment approach to essentially "plug  the full and true value                                                               
of the properties that would  otherwise be taxed under [AS 43.56]                                                               
during  the life  of the  [ASGF Contract]  back into  the formula                                                               
base for purposes of school funding calculation."                                                                               
                                                                                                                                
8:44:46 AM                                                                                                                    
                                                                                                                                
EDDY  JEANS, Director,  School Finance,  Department of  Education                                                               
and Early Development (EED), confirmed  that Section 5 of HB 3002                                                               
requires  the DCCED  to calculate  the full  value, based  on the                                                               
PILT that  are paid  to municipalities  [for schools],  and would                                                               
increase  the full  value  for the  purposes  of calculating  the                                                               
required local  contribution.  In  simplistic terms,  he offered,                                                               
if a community  was paid a $100,000 PILT and  that was equivalent                                                               
to  a "20  mil  levy," then  the full  value  would basically  be                                                               
increased  to  $5  million,  and  this would  allow  the  EED  to                                                               
calculate  the  "formula required  local  effort"  based on  that                                                               
increased full value; at that  point, the municipality would have                                                               
that PILT to make that local contribution to education.                                                                         
                                                                                                                                
MR. JEANS,  in response to  a question, indicated that  Section 5                                                               
will not impact the foundation formula calculation.                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL asked about valuation.                                                                                   
                                                                                                                                
MR.  JEANS  said that  although  he  is  not  sure what  the  mil                                                               
equivalent of the  PILT would be, it  will be up to  the DCCED to                                                               
make  that determination  via regulation,  "and  then they  would                                                               
take that and do the math  backwards to figure out what that full                                                               
value  would have  been to  generate that  mil equivalent  of the                                                               
PILT," and then that full value is  what the EED would use to "go                                                               
back  the  other  direction  to  apply  a  formula  tax  levy  to                                                               
determine what the required local effort would be."                                                                             
                                                                                                                                
MR. JEANS,  in response to  another question, offered  that under                                                               
his hypothetical  example, for  purposes of  calculating required                                                               
local effort  under the  foundation program,  the EED  would only                                                               
consider  $2.5   million  and  the   state  would  make   up  the                                                               
difference.    He relayed  that  that  calculation comes  from  a                                                               
provision in  the foundation statutes.   If the  committee wanted                                                               
to change that application of the  law, AS 14.17 would have to be                                                               
amended.  The  provision in HB 3002 simply requires  the DCCED to                                                               
calculate the value of the full value based on the PILT payment.                                                                
                                                                                                                                
REPRESENTATIVE WILSON  surmised, then, that the  communities that                                                               
will gain a lot from the  gas pipeline running through their area                                                               
won't have to pay their fair share.                                                                                             
                                                                                                                                
MR. JEANS said that is correct  because of the way the foundation                                                               
statute is  currently written.   He added,  "For the  purposes of                                                               
calculating  required  local  effort for  school  districts,  you                                                               
would  only include  half of  the increase  ... of  the new  full                                                               
value determination."                                                                                                           
                                                                                                                                
REPRESENTATIVE WILSON asked  Mr. Jeans to assist  her in crafting                                                               
an amendment that would change that.                                                                                            
                                                                                                                                
MR. JEANS agreed to  do so.  In conclusion, he  said that the EED                                                               
has worked  very closely with  Steve Van  Sant [of the  DCCED] on                                                               
Section  5 to  ensure  that  "the full  value  is calculated  and                                                               
included   in  the   full  value   determination  for   education                                                               
purposes."                                                                                                                      
                                                                                                                                
8:53:08 AM                                                                                                                    
                                                                                                                                
MR. DONOHUE, returning to his  presentation of HB 3002, said that                                                               
Section 1 would expand the scope  of the Purpose provision of the                                                               
Alaska  Stranded Gas  Development  Act and  the fiscal  contracts                                                               
developed  pursuant to  it by  adding  the phrase,  "oil and  gas                                                               
agreements and taxes related to  oil and gas business activity in                                                               
the state" in  place of the phrase, "that  new investment without                                                               
significantly altering  tax and  royalty methodologies  and rates                                                               
on existing  oil and  gas infrastructure  and production".   This                                                               
change  would mean  that the  fiscal  terms would  relate to  oil                                                               
taxes and oil  and gas business activity in  the state generally,                                                               
as opposed to  relating to new investment only.   Deletion of the                                                               
aforementioned  phrase  will  allow   the  contract  to  consider                                                               
significant alterations to the oil  and gas tax structure such as                                                               
the PPT currently being discussed by the legislature.                                                                           
                                                                                                                                
MR. DONOHUE said that from  the administration's standpoint, [the                                                               
change  proposed  via   Section  1]  is  the   beginning  of  the                                                               
discussion  of  the  necessary conforming  amendments  that  will                                                               
bring the  overall ASGF  Contract into  line with  the underlying                                                               
statute.  He assured the  committee that although a memorandum by                                                               
the firm Greenberg Traurig, LLP,  indicates that [this provision]                                                               
suggests that the administration is  changing its approach from a                                                               
laundry list  of amendments to  one simple alteration  that would                                                               
accommodate all the provisions of  the ASGF Contract, that is not                                                               
the case;  instead the  administration will  be working  with the                                                               
committee and  the legislature as  a whole to create  a committee                                                               
substitute that will include all  of the changes proposed via the                                                               
proposed  committee substitute  (CS)  for  HB 2004,  24-GH2046\F,                                                               
Bailey, 6/5/06, as  amended, which had been adopted  by the House                                                               
Judiciary Standing Committee as a work draft on 6/6/06].                                                                        
                                                                                                                                
CHAIR McGUIRE  remarked that  Section 1 of  HB 3002  is currently                                                               
pretty  broad  and  could  be interpreted  to  mean  pretty  much                                                               
anything.                                                                                                                       
                                                                                                                                
MR. DONOHUE concurred.                                                                                                          
                                                                                                                                
8:55:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  asked what provision  of the bill  gives the                                                               
administration the authority to change the tax rules.                                                                           
                                                                                                                                
[Chair McGuire turned the gavel over to Representative Wilson.]                                                                 
                                                                                                                                
MR.  DONOHUE  clarified that  the  bill  doesn't specifically  do                                                               
that; instead, it merely sets  up the framework under the Purpose                                                               
provision of the Alaska Stranded  Gas Development Act so that the                                                               
administration can  work with the  committee to  specifically add                                                               
in that authority.  In  response to other questions, he indicated                                                               
that neither  revenues from the  PILT for corporate  income taxes                                                               
nor  PPT revenues  would be  directed  specifically to  political                                                               
subdivisions.    Furthermore,  the  property tax  PILT  that  are                                                               
directed to political  subdivisions would be in lieu  of AS 43.56                                                               
"sharing," and  would constitute  an independent tax  in addition                                                               
to the other PILT.  To  the extent that members want more details                                                               
on how the  local government PILT work, he  recommended that they                                                               
consult  with   experts  in  the  Department   of  Revenue  (DOR)                                                               
regarding how those independent formulas work.                                                                                  
                                                                                                                                
9:01:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PAUL  SEATON,  Alaska  State  Legislature,  asked                                                               
whether  the  PILT  would  be   deductible  from  the  PPT  as  a                                                               
deductible expense.                                                                                                             
                                                                                                                                
MR. DONOHUE said he would research that issue.                                                                                  
                                                                                                                                
[Representative Wilson returned the gavel to Chair McGuire.]                                                                    
                                                                                                                                
MR. DONOHUE turned  attention to Sections 2 and 3,  and said that                                                               
they pertain to the impact payments  that are required to be paid                                                               
to  local governments.   Current  law raises  two concerns:   one                                                               
being   whether  these   impact  payments   would  constitute   a                                                               
dedication of  funds violation of the  Alaska State Constitution;                                                               
and the other  being whether it is practical for  the contract to                                                               
provide  for  estimated impacts  and  the  distribution of  funds                                                               
before  the impacts  are felt.   Section  2 changes  AS 43.82.505                                                               
such that  all periodic impact  payments would be payable  to the                                                               
state,  specifically to  a special  account in  the general  fund                                                               
(GF) that is  being established via subsection (b)  of Section 3.                                                               
Subsection (c)  of Section  3 establishes  an Alaska  natural gas                                                               
pipeline construction  impact fund  in the  DCCED to  which funds                                                               
from  the special  account outlined  in subsection  (b) could  be                                                               
appropriated.   This resolves the dedicated  fund concern because                                                               
it will be discretionary as  to whether the legislature transfers                                                               
the  impact payments  into the  construction impact  fund.   This                                                               
does, however,  create a  policy preference,  though one  that is                                                               
nonbinding  regardless that  it is  something intended  under the                                                               
ASGF Contract.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  WILSON,  turning  attention back  to  Section  5,                                                               
sought clarification.                                                                                                           
                                                                                                                                
MR. DONOHUE said that an  impact must be clearly demonstrable and                                                               
have a  material affect  on local  infrastructure, transportation                                                               
services, law  enforcement emergency  services, health  and human                                                               
services,   education,  the   labor  force,   population,  wages,                                                               
subsistence,  and socio-cultural  aspects  of a  community.   The                                                               
DCCED  would  then take  into  account  that  there has  been  an                                                               
offsetting benefit regarding education funding.                                                                                 
                                                                                                                                
REPRESENTATIVE  WILSON pointed  out that  under these  provisions                                                               
some communities will be receiving more benefits.                                                                               
                                                                                                                                
MR. DONOHUE  noted that  subsection (f) of  Section 3  provides a                                                               
public  process  for  reviewing  grants  that  are  preliminarily                                                               
determined to be appropriate by  the DCCED; therefore, there will                                                               
be  public  notice  and  hearing  regarding  which  community  is                                                               
getting what grant and for what  purposes.  He offered his belief                                                               
that the municipalities which are  impacted will be able to point                                                               
out  the fact  that other  communities which  are seeking  grants                                                               
have received additional benefits, and  the DCCED will be able to                                                               
consider that information when determining fair allocations.                                                                    
                                                                                                                                
MR. DONOHUE relayed  that subsection (d) of  Section 3 authorizes                                                               
the  DCCED  to  promulgate  regulations  establishing  a  process                                                               
through which to apply for  "these grants," including eligibility                                                               
criteria.   The  DCCED will  be charged  with giving  priority to                                                               
municipalities and organizations in  the unorganized borough that                                                               
are  experiencing the  most direct  and severe  impacts from  gas                                                               
pipeline construction; "direct or  severe impact" is specifically                                                               
defined in proposed AS 43.82.505(j).                                                                                            
                                                                                                                                
MR.  DONOHUE,  in response  to  a  question, indicated  that  the                                                               
Tanana Chiefs Conference is  one such organization, organizations                                                               
which were proposed by the Municipal Advisory Group.                                                                            
                                                                                                                                
9:11:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL indicated that  he would prefer [that such                                                               
organizations]  work through  Title  29 rather  than through  the                                                               
process being proposed via HB 3002.                                                                                             
                                                                                                                                
MR. DONOHUE, in  response to a question, indicated  that the only                                                               
nonprofit   organizations  that   would  be   eligible  for   the                                                               
aforementioned  impact  grants  would  be those  serving  in  the                                                               
unorganized borough.                                                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL offered his  understanding that the Tanana                                                               
Chiefs  Conference  takes a  cut  of  the  fees it  receives  for                                                               
providing services, and so the  end user is getting less service.                                                               
He suggested that this issue should be researched further.                                                                      
                                                                                                                                
CHAIR McGUIRE noted that another  issue is that certain programs,                                                               
once established, tend to take on a life of their own.                                                                          
                                                                                                                                
REPRESENTATIVE  COGHILL   offered  his  understanding   that  the                                                               
periodic grants are  meant for only a  certain duration; however,                                                               
it could be hard "to keep it to that."                                                                                          
                                                                                                                                
MR. DONOHUE, in response to  a question, said that the definition                                                               
of "direct or  severe impact" relates back  to the prioritization                                                               
requirement  located in  subsection (d)  of  Section 3.   All  of                                                               
Section 3  pertains only to  the distribution of  impact payments                                                               
that  are  required to  be  paid  to  the  state under  the  ASGF                                                               
Contract; currently that amounts to  $125 million to be paid over                                                               
six  years,   and  the  bill   will  allow  the   legislature  to                                                               
appropriate  additional  monies  for  additional  impacts  beyond                                                               
either that  amount or that period.   This program will  focus on                                                               
the communities  that have been  hit the hardest, he  assured the                                                               
committee.   In response  to other  questions, he  indicated that                                                               
the  ASGF Contract  allows  for PILT  to  substitute for  certain                                                               
taxes, and  that the  aforementioned $125 million  is to  paid by                                                               
the proposed Pipeline Project  Mainline Limited Liability Company                                                               
(LLC) Entity ("Mainline LLC") and is in addition to any PILT.                                                                   
                                                                                                                                
MR.  DONOHUE, in  response to  further questions,  said he  would                                                               
research whether  the $125 million  would be deductible  from the                                                               
PPT, and that  the impact payment requirement is  provided for in                                                               
Article 18 of  the ASGF Contract, though that only  says that the                                                               
Mainline  LLC  will pay  $125  million  for social  and  economic                                                               
impacts; therefore it  is up to the legislature  to determine the                                                               
right  approach  for  allocation   of  those  monies  over  time.                                                               
Subsection (d)  of proposed  AS 43.82.505  requires the  DCCED to                                                               
come back  to the  legislature at the  beginning of  each session                                                               
and explain  which communities and  organizations got  the grants                                                               
and which meritorious applications  were left unfunded because of                                                               
a shortage  of funds.   Therefore the  legislature will  have the                                                               
opportunity  to define  the program  and refine  it as  necessary                                                               
should the legislature  feel that the grants are not  going in an                                                               
appropriate or fair direction.                                                                                                  
                                                                                                                                
REPRESENTATIVE  GARA offered  his understanding,  then, that  the                                                               
impact payments  will be  revenue in  addition to  whatever local                                                               
property tax  is raised, and  that those property taxes  won't be                                                               
raised  to deal  with any  impacts a  community experiences  as a                                                               
result of pipeline project construction.                                                                                        
                                                                                                                                
9:21:30 AM                                                                                                                    
                                                                                                                                
MR.  DONOHUE said  that  that is  generally  correct; the  impact                                                               
payments  are intended  to deal  with some  of the  construction-                                                               
level impacts  that might  have otherwise been  dealt with  via a                                                               
raise in local  taxes.  However, during  the construction period,                                                               
at least  two of the PILT  articles would continue to  fund local                                                               
political subdivisions, and those would  be the taxes on the TAPS                                                               
as well as upstream facilities primarily on the North Slope.                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON surmised  that that  the state  - as  a 20                                                               
percent  producer   -  would   be  paying   20  percent   of  the                                                               
aforementioned $125 million.                                                                                                    
                                                                                                                                
MR. DONOHUE  concurred, adding that  it is unlikely that  it will                                                               
relate back to the PPT.                                                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON  asked   whether  "this  investment"  will                                                               
qualify for a tax credit for the investors in the Mainline LLC.                                                                 
                                                                                                                                
MR. DONOHUE suggested  that someone else might be  better able to                                                               
address that  issue, but  offered his  understanding that  the 35                                                               
percent  tax credit  only  pertains to  the  gas treatment  plant                                                               
(GTP), not the Mainline LLC.                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON surmised that the  PILT won't qualify for a                                                               
tax credit.                                                                                                                     
                                                                                                                                
MR. DONOHUE concurred.                                                                                                          
                                                                                                                                
9:24:26 AM                                                                                                                    
                                                                                                                                
MR.  DONOHUE  referred  to  subsection  (e)  of  Section  3,  and                                                               
explained that  this language regarding the  specific things that                                                               
might be impacted by construction  of the project was recommended                                                               
by  the Municipal  Advisory  Group;  furthermore, subsection  (e)                                                               
requires that the department consult  with the Municipal Advisory                                                               
Group in  order to determine  what constitutes a  fair allocation                                                               
of the impact payments.                                                                                                         
                                                                                                                                
REPRESENTATIVE  GARA asked  how the  number of  $125 million  was                                                               
arrived at.                                                                                                                     
                                                                                                                                
MR.  DONOHUE said  it was  based on  information garnered  from a                                                               
study using  an analysis based  on the TAPS experience,  and that                                                               
the actual number arrived at  was $109.9 million; $125 million is                                                               
not  an  inflated  number  but does  contain  some  coverage  for                                                               
inflation.   Furthermore, Article  18 of  the ASGF  Contract does                                                               
allow portions of that amount  to be inflated should any payments                                                               
be made  more than  nine years  after the  effective date  of the                                                               
ASGF  Contract.   In  response  to  a  question, he  offered  his                                                               
understanding  that the  Municipal Advisory  Group agreed  to the                                                               
$125 million figure.                                                                                                            
                                                                                                                                
MR. DONOHUE reiterated that subsection  (f) of Section 3 provides                                                               
for public notice  and hearing of the  department's decisions and                                                               
of the final grant awards.   Subsection (g) of Section 3 contains                                                               
a  prohibition  against  using  the  impact  payments  to  retire                                                               
municipal debt.   Subsection  (h) provides  that once  monies are                                                               
appropriated into  the Alaska  natural gas  pipeline construction                                                               
impact   fund,  they   should  be   retained  there   for  future                                                               
disposition; this will  ensure that the funds  can be distributed                                                               
when the impacts are felt rather  than in just the year they were                                                               
received.    Subsection  (i)  of Section  3  assures  the  Alaska                                                               
Supreme Court that  nothing in the chapter  dedicates the initial                                                               
impact payments to  any specific purpose.   Again, Subsection (j)                                                               
of Section  3 defines "direct  or severe impact" and  is designed                                                               
to  show preference  to communities  that are  experiencing clear                                                               
and demonstrable impacts on the services listed therein.                                                                        
                                                                                                                                
MR.  DONOHUE  indicated  that  Section  4  extends  the  life  of                                                               
municipal advisory  groups to the  later of either 90  days after                                                               
final  distribution of  impact payment  money or  commencement of                                                               
operations  of the  qualified project.    Furthermore, Section  4                                                               
stipulates that the expenses of  a municipal advisory group could                                                               
be covered by impact funds.                                                                                                     
                                                                                                                                
9:30:54 AM                                                                                                                    
                                                                                                                                
CHAIR  McGUIRE asked  why the  administration  decided to  depart                                                               
from the specific clauses included in [HB 2004].                                                                                
                                                                                                                                
MR. DONOHUE said:                                                                                                               
                                                                                                                                
     The approach was to put  in a purpose section which was                                                                    
     consistent with  the other bill that  was introduced at                                                                    
     the beginning  of the Third  Special Session,  which is                                                                    
     the  PPT provisions  and  what have  you,  and then  to                                                                    
     allow,   essentially,  the   administration  and   this                                                                    
     committee  ...  to  deal   with  this,  either  through                                                                    
     specific  amendments   by  committee  members   or  [a]                                                                    
     committee substitute  such as the one  that was adopted                                                                    
     for  discussion  purposes  at the  end  of  the  Second                                                                    
     Special  Session.    So  the  decision  was  really  to                                                                    
     provide flexibility in working with the legislature.                                                                       
                                                                                                                                
REPRESENTATIVE  GARA  said   that  the  big  issue   is  how  the                                                               
administration will make  the tax structure in  the ASGF Contract                                                               
consistent with  the law.   He  asked whether  the administration                                                               
holds the  belief that merely  changing the Purpose  provision of                                                               
the   Alaska  Stranded   Gas  Development   Act  will   give  the                                                               
administration  all the  authority it  needs to  change the  ASGF                                                               
Contract.                                                                                                                       
                                                                                                                                
MR. DONOHUE  said it was  never the intent of  the administration                                                               
to  rely solely  on  a change  to the  purpose  provision of  the                                                               
Alaska Stranded Gas  Development Act; that change is  meant to be                                                               
just the beginning of the discussion.                                                                                           
                                                                                                                                
REPRESENTATIVE GARA  indicated that if  there is an  intention to                                                               
add provisions  to HB 3002,  he would prefer  to see them  in the                                                               
form  of  a new  committee  substitute  (CS) rather  than  simply                                                               
working  with  "this  shell  of  a  bill  and  then  a  bunch  of                                                               
amendments that come  from I don't know where."   He asked, "Does                                                               
the administration  have an intention to  file a bill to  ask for                                                               
what they want?"                                                                                                                
                                                                                                                                
MR.  DONOHUE said  that  would be  up to  the  committee and  the                                                               
administration.                                                                                                                 
                                                                                                                                
9:33:24 AM                                                                                                                    
                                                                                                                                
CHAIR  McGUIRE  remarked  that HB  3002  currently  has  specific                                                               
provisions with  regard to  the grant  provisions, the  PILT, the                                                               
education  funding, and  the municipal  advisory  groups, and  so                                                               
what  is left  is to  add provisions  pertaining to  oil and  gas                                                               
taxes.  She asked Mr.  Donohue to recommend to the administration                                                               
that it  provide suggestions for  those provisions in  writing to                                                               
the  committee.   She  then offered  her  understanding that  the                                                               
Senate is  moving forward with its  version of the bill,  and yet                                                               
she  still   doesn't  have  any  proposed   amendments  from  the                                                               
administration.                                                                                                                 
                                                                                                                                
MR. DONOHUE  reiterated that the administration  would be willing                                                               
provide a more  complete set of provisions, either  as a proposed                                                               
CS [or  as a  series of  amendments], and  that it  is ultimately                                                               
looking to  have something  similar to what  was adopted  [by the                                                               
House Judiciary  Standing Committee as  a work draft on  6/6/06 -                                                               
the proposed committee substitute  (CS) for HB 2004, 24-GH2046\F,                                                               
Bailey, 6/5/06, as amended].                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  surmised that the  oil and gas  tax issue                                                               
ought  to be  dealt with  in  this committee,  since the  fiscal-                                                               
certainly  question will  have  to  be answered  as  part of  the                                                               
deliberation on the constitutionality [of the ASGF Contract].                                                                   
                                                                                                                                
REPRESENTATIVE GARA  expressed a  preference for seeing  what the                                                               
administration  really  wants  -   via  either  amendments  or  a                                                               
committee substitute  - rather than  just passing a shell  out of                                                               
this  committee  and  then  having  the  administration  add  its                                                               
desired provisions to the bill in the House Finance Committee.                                                                  
                                                                                                                                
CHAIR McGUIRE concurred, and relayed  that she has just now heard                                                               
from  the administration  that it  will  be providing  [suggested                                                               
language] to the committee.                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  suggested that  they  look  at what  the                                                               
Municipal  Advisory  Group was  tasked  with  under the  original                                                               
Alaska Stranded Gas Development Act.                                                                                            
                                                                                                                                
REPRESENTATIVE WILSON  said she wants to  ensure that communities                                                               
which won't receive impact funds won't be penalized.                                                                            
                                                                                                                                
9:38:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  relayed that in CSHB  2004(RES), the House                                                               
Resources  Standing   Committee  was   very  explicit   that  the                                                               
administration, for the purposes  of fiscal certainty, could only                                                               
incorporate   a  tax   structure   and  rates   adopted  by   the                                                               
legislature.  The  original version of HB 2004  provided that the                                                               
commissioner  could  modify tax  rates  and  structures, and  the                                                               
legislature shouldn't  allow such, he  warned, as doing  so would                                                               
constitute an inappropriate public policy.                                                                                      
                                                                                                                                
CHAIR  McGUIRE   asked  whether  the  House   Resources  Standing                                                               
Committee had  considered the question  of whether  allowing such                                                               
would   constitute   an   unconstitutional  delegation   of   the                                                               
legislature's taxing authority.                                                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON relayed  that  a legal  opinion which  the                                                               
House Resources Standing Committee received said in part:                                                                       
                                                                                                                                
     It  seems unlikely,  however,  that  even an  otherwise                                                                    
     enforceable contract could provide  for a tax exemption                                                                    
     as such  because exemptions must  be provided  "by law"                                                                    
     or "by general law" not by contract.  Art. IX, sec. 4.                                                                     
                                                                                                                                
MR. DONOHUE,  in response  to a question,  said he  doesn't think                                                               
that the administration has yet  issued a formal legal opinion on                                                               
the  issue  of  modifying  the   ASGF  Contract  after  its  been                                                               
authorized.   However,  the administration  did  propose, in  the                                                               
House Resources  Standing Committee, language that  would require                                                               
the legislature  to authorize any  future proposed change  to the                                                               
ASGF Contract  after its been  executed; this language  was meant                                                               
to address the concern that  delegation of taxing power should be                                                               
restricted to those items clearly authorized by the legislature.                                                                
                                                                                                                                
CHAIR McGUIRE suggested that the administration and members have                                                                
written suggestions for change ready for when the bill is next                                                                  
heard.                                                                                                                          
                                                                                                                                
9:41:59 AM                                                                                                                    
                                                                                                                                
PHILLIP  C.  GILDAN, Attorney  at  Law,  Greenberg Traurig,  LLP,                                                               
relayed  that  he  would  defer  his  comments  until  after  the                                                               
administration  has provided  the  additional  language it  wants                                                               
included in the bill.                                                                                                           
                                                                                                                                
[HB 3002 was held over.]                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 9:42 a.m.                                                                 

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