Legislature(2025 - 2026)BUTROVICH 205

01/29/2025 03:30 PM Senate RESOURCES


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03:30:46 PM Start
03:31:50 PM Presentation(s): Carbon Storage Program Update by Department of Natural Resources (dnr)
04:04:32 PM Presentation(s): Alaska Oil and Gas Conservation Commission (aogcc) Carbon Storage Class Vi Primacy Update
04:26:44 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Department of Natural Resources TELECONFERENCED
Carbon Capture Update by
John Crowther - Deputy Commissioner, Department
of Natural Resources
Haley Paine - Deputy Director, Division of Oil
and Gas
Ryan Fitzpatrick - Commercial Section Chief,
Divison of Oil and Gas
Presentation: Alaska Oil and Gas Conservation
Commission Class VI Wells Update by
Jessie Chmielowski - Commissioner, AOGCC
Gregory Wilson - Commissioner, AOGCC
Chris Wallace - Senior Petroleum Engineer, AOGCC
Kayla Junke - Carbon Assistant, AOGCC
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                        January 29, 2025                                                                                        
                           3:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Cathy Giessel, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Matt Claman                                                                                                             
Senator Forrest Dunbar                                                                                                          
Senator Scott Kawasaki                                                                                                          
Senator Shelley Hughes                                                                                                          
Senator Robert Myers                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S): CARBON STORAGE PROGRAM UPDATE BY DEPARTMENT OF                                                                 
NATURAL RESOURCES (DNR)                                                                                                         
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PRESENTATION(S): ALASKA OIL AND GAS CONSERVATION COMMISSION                                                                     
(AOGCC) CARBON STORAGE CLASS VI PRIMACY UPDATE                                                                                  
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOHN CROWTHER, Deputy Commissioner                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: introduced the Department of Natural                                                                      
Resources Carbon Storage Program Update                                                                                         
                                                                                                                                
HALEY PAINE, Deputy Director                                                                                                    
Division of Oil and Gas                                                                                                         
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:   Presented   the  Department   of   Natural                                                            
Resources Carbon Storage Program Update                                                                                         
                                                                                                                                
GREGORY WILSON, Geology Commissioner                                                                                            
Alaska Oil and Gas Conservation Commission (AOGCC)                                                                              
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:   Presented   the   Alaska   Oil   and   Gas                                                            
Conservation Commission, Carbon Storage Class VI Primacy Update.                                                                
                                                                                                                                
CHRIS WALLACE, Senior Petroleum Engineer                                                                                        
Alaska Oil and Gas Conservation Commission                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions on the Alaska  Oil and Gas                                                            
Conservation Commission, Carbon Storage Class VI Primacy Update.                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:30:46 PM                                                                                                                    
CHAIR  GIESSEL  called  the Senate  Resources  Standing  Committee                                                              
meeting to  order at 3:30  pm. Present at  the call to  order were                                                              
Senators  Dunbar, Myers,  Claman,  Wielechowski, Kawasaki,  Hughes                                                              
and Chair Giessel.                                                                                                              
                                                                                                                                
^PRESENTATION(S): CARBON  STORAGE PROGRAM UPDATE BY  DEPARTMENT OF                                                              
NATURAL RESOURCES (DNR)                                                                                                         
PRESENTATION(S): CARBON STORAGE PROGRAM UPDATE BY DEPARTMENT OF                                                             
                    NATURAL RESOURCES (DNR)                                                                                 
                                                                                                                                
3:31:50 PM                                                                                                                    
CHAIR  GIESSEL announced  the presentation  titled Carbon  Storage                                                              
Program Update by Department of Natural Resources (DNR).                                                                        
                                                                                                                                
3:32:20 PM                                                                                                                    
JOHN  CROWTHER,   Deputy  Commissioner,   Department   of  Natural                                                              
Resources,   Anchorage,  Alaska,   said   this  presentation   was                                                              
primarily  about the  rocks  and  if the  committee  would like  a                                                              
presentation about the trees, that could be arranged.                                                                           
                                                                                                                                
3:32:44 PM                                                                                                                    
HALEY  PAINE,   Deputy  Director,   Division   of  Oil  and   Gas,                                                              
Department  of  Natural  Resources,  Anchorage,  Alaska  moved  to                                                              
slide 2 and outlined the contents of the presentation:                                                                          
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     CONTENTS                                                                                                                 
                                                                                                                                
     1. Carbon capture, use & storage (CCUS)                                                                                    
     2. Agency roles under House Bill 50 (2024)                                                                                 
    3. Department      of    Natural     Resources     (DNR)                                                                    
         implementation of House Bill 50 (2024)                                                                                 
     4. DNR regulations                                                                                                         
     5. Summary                                                                                                                 
                                                                                                                                
3:33:44 PM                                                                                                                    
MS. PAINE moved  to slide 3. Slide 3 includes a  graphic depiction                                                              
of the  carbon capture,  utilization and  storage (CCUS)  process.                                                              
She said  the process  allows for  the capture  of carbon  dioxide                                                              
(CO2)  which is  then dehydrated,  compressed  into a  liquid-like                                                              
state  and  then  transported  to  a  location  where  it  can  be                                                              
injected  very deep  underground, at  least 2,600  feet deep.  She                                                              
said the  injection program  would be managed  by the  [Alaska Oil                                                              
and Gas Conservation Commission] (AOGCC):                                                                                       
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     WHAT IS CCUS?                                                                                                            
                                                                                                                                
      Carbon capture, utilization and storage is a process                                                                      
     that:                                                                                                                      
                                                                                                                                
     • Captures carbon dioxide (CO2) emissions from:                                                                            
          • industrial processes                                                                                                
          • point sources like coalfired power plants, or                                                                       
          • directly from the air, and                                                                                          
         • Reuses or stores it so it will not enter the                                                                         
         atmosphere                                                                                                             
                                                                                                                                
3:35:07 PM                                                                                                                    
CHAIR GIESSEL  affirmed and appreciated  the detailed  overview of                                                              
the CCUS process.                                                                                                               
                                                                                                                                
3:35:31 PM                                                                                                                    
MS. PAINE moved  to and narrated slide 4. She said  House Bill 50,                                                              
passed  in 2024,  provided  for  Department of  Natural  Resources                                                              
(DNR) and  Alaska Oil and  Gas Conservation Commission  (AOGCC) to                                                              
move  forward   with  carbon  storage.   She  noted   that  carbon                                                              
utilization  was  already  permitted  under law  and  was  handled                                                              
through  oil   and  gas  leases,   namely  through   enhanced  oil                                                              
recovery.                                                                                                                       
                                                                                                                                
MS.  PAINE  explained  that  DNR  required  legislation  to  allow                                                              
licensure  of  the   state's  pore  space  for   dedicated  carbon                                                              
storage.   AOGCC  needed   legislation   to   empower  them   with                                                              
subsurface   regulatory  powers,   including  the  protection   of                                                              
property    interest,   amalgamation    of   rights,    and   very                                                              
specifically, the class six injection well program:                                                                             
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     CORE PURPOSES OF HB 50 (2024)                                                                                            
                                                                                                                                
        Make Alaska's subsurface resources available for                                                                      
     maximum use                                                                                                              
                                                                                                                                
        1. Enables DNR to lease state lands for geologic                                                                        
        storage of carbon dioxide and issue right-of-way                                                                        
       leases for carbon dioxide transportation pipelines                                                                       
                                                                                                                                
        2. Empowers the Alaska Oil and Gas Conservation                                                                         
        Commission (AOGCC) to regulate the geologic storage                                                                     
        of carbon dioxide on all lands in the state,                                                                            
        including protection of correlative rights                                                                              
                                                                                                                                
3:36:33 PM                                                                                                                    
MS. PAINE  moved to and narrated  slide 5. She explained  the role                                                              
of  DNR in  some detail  and briefly  described the  roles of  the                                                              
Alaska  Oil  and  Gas  Conservation  Commission  (AOGCC)  and  the                                                              
Department  of  Environmental  Conservation  (DEC) as  defined  by                                                              
House  Bill  50, passed  in  2024.  She  said  DNR served  as  the                                                              
landowner  for the CCUS  program, like  its role  in oil  and gas,                                                              
licensing  and  leasing  the state's  mineral  interests  for  the                                                              
benefit of Alaskans:                                                                                                            
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     AGENCY RESPONSIBILITIES                                                                                                  
                                                                                                                                
     DNR - Landowner Manage the state's pore space resources for the                                                                    
          benefit of Alaskans Issue carbon storage exploration licenses &                                                                      
          leases                                                                                                              
          •    Commercial payments                                                                                              
          •    Work commitments and annual reporting                                                                            
          •    Permitting and compliance of operations                                                                          
          •    Multiple-use management                                                                                          
     •    Review right-of-way permits for CO2 pipelines Perform long-term monitoring of facility after                                                                     
          regulatory closure                                                                                                  
          •    Carbon storage closure trust funds                                                                               
                                                                                                                                
3:39:22 PM                                                                                                                    
MS. PAINE briefly  described AOGCCs role under House  Bill 50. She                                                              
described aspects  of the Class  VI Well Primacy Programs  for the                                                              
injection of CO2 underground.                                                                                                   
                                                                                                                                
     AOGCC  Subsurface Regulator Quasi-judicial agency with regulatory powers over                                                                   
               subsurface of all lands in state Issue storage facility permits                                                                                      
          •    Safeguard human health and the environment                                                                       
                   from underground injection                                                                                   
          •    Class VI well primacy                                                                                            
          •    Protect    other    mineral   interests    and                                                                   
                   amalgamate property rights                                                                                   
          •    Waste prevention determinations                                                                                  
     •    Assess storage capacity and volumes Review and issue site completion certifications                                                                     
                                                                                                                                
3:40:22 PM                                                                                                                    
MS. PAINE  moved to  slide 6. She  said House  Bill 50  passed May                                                              
15, 2024,  providing the statutes  to enact the provisions  of the                                                              
CCUS  program.   DNR  filed  the  regulatory   program,  including                                                              
specific   qualifications  and   mandates   with  the   lieutenant                                                              
governor  and  the program  will  go  into effect  February  16th,                                                              
2025. She said  DNR was also working to develop  model agreements:                                                              
licenses and leases  and noted that all contracts  DNR enters into                                                              
will be public  documents. She said  DNR had not yet  received any                                                              
applications:                                                                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     DNR STEPS TO IMPLEMENT HB50 (2024)                                                                                       
                                                                                                                                
          Statutes Enacted > Regulations Filed > Model                                                                          
     Agreements In Progress > Applications In Progress                                                                          
                                                                                                                                
3:41:42 PM                                                                                                                    
MS. PAINE moved  to slide 7 and noted that the  regulatory process                                                              
is very public.  She said DNR reached out to  other jurisdictions,                                                              
including the Texas  General Land Office, the Wyoming  State Lands                                                              
Office, the  Louisiana Department  of Natural Resources,  to learn                                                              
about the  development of  their CCUS  programs. The Alaska  State                                                              
and  the Federal  Bureau of  Land Management  were also  resources                                                              
for DNRs process:                                                                                                               
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     REGULATIONS DEVELOPMENT TIMELINE                                                                                         
                                                                                                                                
       DNR process with inputs from Department of Law and                                                                   
     public comments                                                                                                          
                                                                                                                                
        [The timeline on slide 7 included the following                                                                         
     points.]                                                                                                                   
                                                                                                                                
Internal review and drafting                                                                                                  
May 15, 2024             Legislature passes HB 50                                                                               
June 21, 2024            Scoping notice                                                                                         
                                                                                                                                
Integrate public input                                                                                                        
July 23, 2024            4 comments received                                                                                    
                                                                                                                                
Department of Law review                                                                                                      
July 31, 2024            HB 50 signed                                                                                           
October 23,              2024 Draft regulations published                                                                       
                                                                                                                                
Integrate public input and Department of Law review                                                                           
December 2, 2024         21 comments received                                                                                   
January 17, 2025         Revised  regulations  transmitted to  Lt.                                                              
Governor                                                                                                                        
February 16, 2025        Final regulations effective date                                                                       
                                                                                                                                
3:43:53 PM                                                                                                                    
SENATOR  KAWASAKI  asked whether  four  comments  was typical  for                                                              
regulations development process.                                                                                                
                                                                                                                                
3:44:11 PM                                                                                                                    
MS. PAINE  said there  is significant  variance  in the amount  of                                                              
public  input received  for various  projects. She  said her  only                                                              
other  experience  developing  a   regulations  package  generated                                                              
fewer  comments, but  she expected  more public  input during  the                                                              
application  period for  specific leases.  More project  specifics                                                              
generally result in more public input.                                                                                          
                                                                                                                                
3:44:50 PM                                                                                                                    
SENATOR KAWASAKI  noted the number of comments  and communications                                                              
from  prospective applicant  companies, the  negative fiscal  note                                                              
for House  Bill 50  suggesting that  revenue to  the state  may be                                                              
multiple-$100 million  and the [45]Q tax credits  from the federal                                                              
government. He  asked whether DNR  expected a lot of  interest [in                                                              
Alaska's CCUS program].                                                                                                         
                                                                                                                                
3:45:43 PM                                                                                                                    
MS.   PAINE   said  public   participation   in   the   regulatory                                                              
[development] phase  is not necessarily  indicative of  the number                                                              
of applications  that may  be received once  the program  is open.                                                              
She noted that  DNR received comments from entities  that received                                                              
federal   announcements   of   [upcoming]   projects   that   made                                                              
headlines.  She said  there  did  seem to  be  interest in  moving                                                              
forward with projects.                                                                                                          
                                                                                                                                
MS. PAINE said,  to her knowledge, the [Credit  for Carbon Capture                                                              
Projects] (45Q) tax  credit program was still in  effect. She said                                                              
agencies  were  still  working   out  how  the  program  would  be                                                              
implemented  and  there  were  no  companies  in  Alaska  actively                                                              
receiving them.                                                                                                                 
                                                                                                                                
3:47:00 PM                                                                                                                    
SENATOR  WIELECHOWSKI  quoted the  governor's  2023  state of  the                                                              
state  address,  "Alaska  can  realize  revenue  to  the  tune  of                                                              
billions  of  dollars, that's  billions  of  dollars per  year  by                                                              
creating a carbon  management system." He noted that  there was no                                                              
mention of  this revenue in  any of the  governor's 2024,  2025 or                                                              
2026 fiscal  plans and it is not  mentioned in any of  the revenue                                                              
forecasts.  He asked  whether  the administration  still  believes                                                              
the  CCUS program  will generate  billions of  dollars in  revenue                                                              
for  the state  and when  that  could be  expected.  He noted  the                                                              
current $1.5 billion deficit.                                                                                                   
                                                                                                                                
3:47:46 PM                                                                                                                    
MR.  CROWTHER  described several  potential  scenarios,  including                                                              
small  in-state   projects,  large   North  Slope  projects,   and                                                              
international carbon  import projects that could  produce revenue.                                                              
He   highlighted  significant   injection  fees   that  could   be                                                              
generated  from large-scale  industrial injection  and said  there                                                              
is  interest from  the Korean  and Japanese  governments in  these                                                              
projects, but  no specific  timeline had  been set. He  emphasized                                                              
that  while these  projects  hold  promise for  substantial  state                                                              
revenues, they are several years away from development.                                                                         
                                                                                                                                
3:49:00 PM                                                                                                                    
SENATOR  WIELECHOWSKI noted  recent executive  orders and  actions                                                              
by  the  Trump  administration  and  asked  whether  Alaska  could                                                              
expect support for the CCUS efforts from the administration.                                                                    
                                                                                                                                
3:49:18 PM                                                                                                                    
MR. CROWTHER  noted the  uncertainty regarding  future actions  by                                                              
the  president  or  Congress  to  modify or  expand  the  45Q  tax                                                              
credits but emphasized  the historical bipartisan  support for the                                                              
program.   He  said  DNR   would  continue   to  closely   monitor                                                              
developments,  as the  credits could  enhance resource  production                                                              
in  Alaska  and  foster  international  collaboration  for  carbon                                                              
management,  aligning   with  the  president's  agenda   on  clean                                                              
energy.                                                                                                                         
                                                                                                                                
3:50:23 PM                                                                                                                    
SENATOR CLAMAN asked  whether the four comments  [noted during the                                                              
regulatory development process] were public comments.                                                                           
                                                                                                                                
3:50:32 PM                                                                                                                    
MR.  CROWTHER affirmed  that they  were  public comments  provided                                                              
during the scoping  period when DNR was assessing  the concept. He                                                              
said  DNR  subsequently   received  21  public  comments   on  the                                                              
specific draft regulations.                                                                                                     
                                                                                                                                
3:50:49 PM                                                                                                                    
SENATOR  CLAMAN  asked  whether  the sources  of  the  first  four                                                              
comments could be shared.                                                                                                       
                                                                                                                                
3:50:55 PM                                                                                                                    
MS.  PAINE  said  two  entities  who  commented  were  Santos  and                                                              
[Alaska Oil  and Gas] (AOGA) on  behalf of some of  their members.                                                              
She said she could follow up with names of the other two.                                                                       
                                                                                                                                
3:51:18 PM                                                                                                                    
SENATOR  CLAMAN asked  that DNR  provide  all 25  comments to  the                                                              
committee.                                                                                                                      
                                                                                                                                
3:51:31 PM                                                                                                                    
SENATOR  HUGHES   said  she  assumed   the  first   four  comments                                                              
represented  industry  and asked  whether  that  was true  of  the                                                              
latter  21  comments or  if  some  of those  were  from  concerned                                                              
citizens. She noted  strong constituent opposition  to her support                                                              
for  House Bill  50  based on  the  [carbon capture  and  storage]                                                              
concept.   She   also   noted    early   concern   from   industry                                                              
representatives  that  it was  difficult  to secure  funding  from                                                              
financial institutions.  She asked whether there  were indications                                                              
from the  new federal  administration regarding  its position  [on                                                              
CCUS].                                                                                                                          
                                                                                                                                
3:52:50 PM                                                                                                                    
MS. PAINE  said some of the  21 comments on the  draft regulations                                                              
were from  concerned citizens.  She said  they expressed  concerns                                                              
about health  and safety  and about general  policy. She  said she                                                              
would make the comments available to the committee.                                                                             
                                                                                                                                
3:53:17 PM                                                                                                                    
MS. PAINE moved  to slide 8 and  described some of the  changes to                                                              
the regulations:                                                                                                                
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     CARBON STORAGE REGULATIONS Amended 11 AAC 05.110                                                                                               
          • $500 application fee for carbon storage lease                                                                       
             or license                                                                                                         
          • $250 transfer of interest fee                                                                                       
        • Amended 11 AAC 80.045                                                                                               
          • Define field gathering line for purposes of                                                                         
             carbon dioxide transportation                                                                                      
        • Amended 11 AAC 84 to add new Article 9, Carbon                                                                      
          Storage Licensing and LeasingFinal regulations effective Feb. 16, 2025                                                                           
                                                                                                                                
3:55:12 PM                                                                                                                    
MS.  PAINE  moved  to  slide 9  and  reiterated  that  DNR  worked                                                              
various  other jurisdiction  to  develop  Alaska's carbon  storage                                                              
leasing   program.    She   highlighted   minimum    qualification                                                              
requirements,  competitive  leasing  provisions  to  maximize  the                                                              
constitutionally  required benefit to  the state and  the multiple                                                              
facets considered for best interest findings:                                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     ARTICLE 9 REGULATIONS                                                                                                    
                                                                                                                              
     Regulation                          Summary                                                                              
      84.1000      Minimum qualifications  Applicant must                                                                       
                  demonstrate  to  the  satisfaction  of  the                                                                   
                  commissioner that they possess  the ability                                                                   
                  to  undertake  and  complete   large  scale                                                                   
                  projects,    including     obtaining    and                                                                   
                  complying with  state  and federal  permits                                                                   
                  and meeting financial surety requirements                                                                     
     84.1005      Carbon    storage    exploration    license                                                                   
                  applications    Provides  process  for  and                                                                   
                  application   requirements  of   a   carbon                                                                   
                  storage    exploration     license;    work                                                                   
                  commitment   becomes   basis   for   annual                                                                   
                  reporting and conversion to lease                                                                             
     84.1010      Call for competing  proposals    Notice and                                                                   
                  timing    requirements     for    competing                                                                   
                  proposals  on  carbon  storage  exploration                                                                   
                  license applications                                                                                          
     84.1015      Best   interest   findings       Scope   of                                                                   
                  administrative   review  on   applications;                                                                   
                  elements  include  geologic  structure  and                                                                   
                  descriptions,  current and  projected  uses                                                                   
                  of   the   area,   reasonably   foreseeable                                                                   
                  effects  of   carbon  storage   operations,                                                                   
                  environmental   mitigation    measures,   a                                                                   
                  pplicant  qualifications   and   commercial                                                                   
                  terms to the State of Alaska                                                                                  
     84.1020      Competitive bidding  procedure;  assessment                                                                   
                  criteria    Processes for competitive  sale                                                                   
                  and exercise  of  preferential right  under                                                                   
                  AS 38.05710(g)                                                                                                
     84.1025      License  Administration      Reporting  and                                                                   
                  data submission requirements                                                                                  
     84.1030      Default    by    licensee;     termination,                                                                   
                  revocation,  surrender   of  a  license                                                                       
                  Establishes    procedures,   rights,    and                                                                   
                  responsibilities for default,  termination,                                                                   
                  and surrender of a license                                                                                    
     84.1035      Conversion  of carbon  storage  license  to                                                                   
                  lease; lease  provisions   Establishes  the                                                                   
                  procedure and  requirements for  converting                                                                   
                  a   license    to   a   lease;    specifies                                                                   
                  documentation   required  by   a   licensee                                                                   
                  requesting to modify commercial  terms upon                                                                   
                  conversion to lease                                                                                           
     84.1040      Transition  from   enhanced  oil   recovery                                                                   
                  operations  to carbon  storage  operations;                                                                   
                  lease     provisions            Application                                                                   
                  requirements  for  an  enhanced-oilrecovery                                                                   
                  (EOR)  reservoir  transitioning  to  carbon                                                                   
                  storage,     best     interest      finding                                                                   
                  determination, and lease provisions                                                                           
    84.1045      Default   by   lessee;    termination   and                                                                    
                  surrender  of  a  carbon  storage  lease                                                                      
                  Establishes    procedures,   rights,    and                                                                   
                  responsibilities for default,  termination,                                                                   
                  and surrender of  a lease based  on whether                                                                   
                  carbon  storage injection  operations  have                                                                   
                  commenced                                                                                                     
        84.1050      Carbon storage lease unitization C                                                                         
                  Establishes  procedures   and  requirements                                                                   
                  for unitizing carbon storage leases                                                                           
      84.1055      Assignments  Establishes procedures and                                                                      
                  requirements  for  assigning   interest  in                                                                   
                  carbon  storage  exploration  licenses  and                                                                   
                  leases,  which  must  be  approved  by  the                                                                   
                  commissioner                                                                                                  
      84.1060      Application for approval of assignment                                                                       
                  Provides   for    timing   of    assignment                                                                   
                  application,   AOGCC   documentation,   and                                                                   
                  effective date if approved                                                                                    
                                                                                                                                
3:57:41 PM                                                                                                                    
SENATOR  DUNBAR  asked  which regulations  changed  and  how  they                                                              
changed because of public input.                                                                                                
                                                                                                                                
3:58:03 PM                                                                                                                    
MS.  PAINE affirmed  that  she would  address  those changes.  She                                                              
noted public  comments reflecting  the importance of  multiple use                                                              
consideration   [for   public   lands]   and  the   value   of   a                                                              
comprehensive best interest finding process.                                                                                    
                                                                                                                                
3:59:00 PM                                                                                                                    
MS. PAINE  moved to slide 10  and said carbon  storage development                                                              
was  different from  oil  and gas  in the  [project]  end of  life                                                              
stage.  With oil and  gas, the  end of  production is  essentially                                                              
the end  of the lease. With  carbon storage projects,  through the                                                              
Environmental  Protection  Agency (EPA)  Class  VI wells  program,                                                              
the land  must be monitored  for a default  period of at  least 50                                                              
years post injection.  The DNR CCUS regulations  clarified what is                                                              
required  during   the  50-year   period,  including  a   plan  of                                                              
abandonment and  restoration and she  said it was this  section of                                                              
the regulations that most reflected public comment:                                                                             
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     ARTICLE 9 REGULATIONS                                                                                                    
                                                                                                                              
     Regulation                          Summary                                                                              
    84.1065      Plan    of     development;     application                                                                    
                  requirements       Reporting   requirements                                                                   
                  detailing proposed activities  for the next                                                                   
                  year,  explanations  for   deviations  from                                                                   
                  prior approved plans, and  modifications of                                                                   
                  the   commissioner    to    ensure    lease                                                                   
                  compliance                                                                                                    
    84.1070      Plan     of     operations;     application                                                                    
                  requirements;    completion     report                                                                        
                  Application requirements for  on the ground                                                                   
                  operations,  including  engineering  plans,                                                                   
                  schedule  of  events,  and  surface  estate                                                                   
                  owner  protections;  completion   reporting                                                                   
                  for cessation of operations                                                                                   
    84.1075      Surety    requirements          Establishes                                                                    
                  requirements   for    bonding   or    other                                                                   
                  acceptable forms  of surety of  performance                                                                   
                  under the  conditions of  a carbon  storage                                                                   
                  license or  lease and specifies  conditions                                                                   
                  for release                                                                                                   
     84.1080      Damages  Requires a licensee or lessee to                                                                     
                  pay damages and indemnify the  state in the                                                                   
                  case of  claims made  by surface owners  in                                                                   
                  accordance with AS 38.05.130                                                                                  
    84.1085      Abandonment    and    restoration     plan;                                                                    
                  application for lease closure    Requires a                                                                   
                  plan for  returning  the leased  area to  a                                                                   
                  condition satisfactory to  the commissioner                                                                   
                  upon  cessation  of  operations,  including                                                                   
                  annual    reporting    and     review    of                                                                   
                  infrastructure maintained during  the post-                                                                   
                  injection     monitoring     period     and                                                                   
                  certification  by the  DNR commissioner  to                                                                   
                  AOGCC that conditions are  met for issuance                                                                   
                  of certificate of completion                                                                                  
      84.1090      Long-term monitoring and maintenance of                                                                      
                  leased area   Data submission  requirements                                                                   
                  and  obligations   of   a  carbon   storage                                                                   
                  facility operator  prior to the  department                                                                   
                  assuming   responsibility   for   long-term                                                                   
                  monitoring   of   a   facility   issued   a                                                                   
                  certificate of  completion; provisions  for                                                                   
                  expenditures   from  the   carbon   storage                                                                   
                  facility  trust fund  and  notification  to                                                                   
                  landowners prior to entry                                                                                     
     84.1095      Confidentiality of records  Requests for                                                                      
                  confidentiality of records under AS                                                                           
                38.05.035(a)(8) and limitations                                                                                 
      84.1099      Definitions  Defines terms used in the                                                                       
                  adopted regulations in 11 AAC 84                                                                              
                                                                                                                                
4:00:52 PM                                                                                                                    
MS.  PAINE  moved  to  and  narrated   slide  11,  concluding  the                                                              
presentation:                                                                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     SUMMARY                                                                                                                  
                                                                                                                                
        • DNR filed regulations with Lieutenant Governor                                                                        
        January 17, 2025, to enact provisions of HB50 (2024)                                                                    
       • DNR is prepared to receive applications starting                                                                       
        February 16, 2025, for carbon storage exploration                                                                       
        licenses                                                                                                                
     • Website under development with technical database to                                                                     
       assist in site screening set for 1st Quarter 2026                                                                        
                                                                                                                                
4:01:57 PM                                                                                                                    
CHAIR GIESSEL  thanked Department  of Natural Resources  (DNR) for                                                              
the presentation.                                                                                                               
                                                                                                                                
4:02:26 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:03:23 PM                                                                                                                    
CHAIR  GIESSEL reconvened  the  meeting  and asked  that  comments                                                              
made during the "at ease" be repeated.                                                                                          
                                                                                                                                
4:03:27 PM                                                                                                                    
MS.  PAINE,  responding to  a  question  by Senator  Hughes,  said                                                              
there had  not been any CCUS  program applicants to date  but that                                                              
DNR was in communication  with all the parties  who sought federal                                                              
grant  funding to be  able to  move forward  with carbon  storage.                                                              
She  said  there  were  two  carbon   safe  entities  waiting  for                                                              
applications   to  be   available.  In   addition,  a   consortium                                                              
consisting of K-line,  Sumitomo and Hilcorp have  considered site-                                                              
specific studies  in Cook Inlet for potential  carbon storage. She                                                              
said  DNR  was   communicating  with  the  consortium   about  the                                                              
regulatory process and when applications would be available.                                                                    
                                                                                                                                
^PRESENTATION(S):  ALASKA  OIL  AND  GAS  CONSERVATION  COMMISSION                                                              
(AOGCC) CARBON STORAGE CLASS VI PRIMACY UPDATE                                                                                  
  PRESENTATION(S): ALASKA OIL AND GAS CONSERVATION COMMISSION                                                               
         (AOGCC) CARBON STORAGE CLASS VI PRIMACY UPDATE                                                                     
                                                                                                                                
4:04:32 PM                                                                                                                    
CHAIR  GIESSEL announced  the presentation:  Carbon Storage  Class                                                              
VI Primacy  Update by Alaska  Oil and Gas Conservation  Commission                                                              
(AOGCC).                                                                                                                        
                                                                                                                                
4:05:02 PM                                                                                                                    
GREGORY  WILSON,   Geology  Commissioner,   Alaska  Oil   and  Gas                                                              
Conservation  Commission  (AOGCC), Anchorage,  Alaska,  introduced                                                              
himself  and said he  would lead  the presentation  of the  Alaska                                                              
Oil  and  Gas Conservation  Commission's  (AOGCC)  Carbon  Storage                                                              
Class  VI Primacy  Update. He  noted  AOGCC personnel  on hand  to                                                              
assist.                                                                                                                         
                                                                                                                                
4:06:20 PM                                                                                                                    
MR. WILSON  moved to  slide 2 and  said the  primary goal  for the                                                              
presentation  was   to  answer  the  committee's   questions;  the                                                              
outline would guide the discussion:                                                                                             
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Topics                                                                                                                     
        • Timeline Budget Public OutreachSteps to Primacy                                                                                                    
                                                                                                                                
4:06:45 PM                                                                                                                    
MR. WILSON  moved to  slide 3 and  provided details  forkaw points                                                              
on the  timeline. He  said the goal  of the regulatory  framework,                                                              
was to incorporate both HB 50 and EPA class six requirements.                                                                   
                                                                                                                                
MR. WILSON said  the public scoping hearing held  November 7, 2024                                                              
followed a statewide  public notice announcing the  carbon storage                                                              
Class VI primacy  application process. Six comments  were received                                                              
from  various  stakeholders,  including   [Arctic  Slope  Regional                                                              
Corporation]  (ASRC), Santos,  Steve  Schmidt,  the Susitna  River                                                              
Coalition, the Center for Biological Diversity, and Santa Claus:                                                                
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Timeline                                                                                                                   
                                                                                                                                
     EPA Engagement & Draft Regulations       January 2024                                                                    
     Public Scoping Hearing                   November 2024                                                                   
     Final Draft Regulations                  February 2025                                                                   
     Legal Review (1 month)                   March 2025                                                                      
     Public Comment (2 months)                April 2025                                                                      
     Submit EPA Primacy Application           May 2025                                                                        
     Primacy                                  12to24 Months                                                                   
                                                                                                                                
4:09:39 PM                                                                                                                    
SENATOR KAWASAKI  asked where other  oil and gas  producing states                                                              
are [in the CCUS regulatory process] compared to Alaska.                                                                        
                                                                                                                                
4:10:05 PM                                                                                                                    
MR.  WILSON said  North Dakota  has had  primacy for  quite a  few                                                              
years. He said  Wyoming, Louisiana, Texas were not  much more than                                                              
a year ahead [of Alaska].                                                                                                       
                                                                                                                                
4:10:25 PM                                                                                                                    
CHRIS  WALLACE,  Senior Petroleum  Engineer,  Alaska  Oil and  Gas                                                              
Conservation  Commission, Anchorage,  Alaska,  said West  Virginia                                                              
recently received  Class VI primacy;  otherwise, Alaska  was right                                                              
there  in the  mix  of other  states  in the  primacy  application                                                              
process.                                                                                                                        
                                                                                                                                
4:11:00 PM                                                                                                                    
MR. WILSON  moved to slide 4  and summarized the  expected funding                                                              
for AOGCC's carbon  storage work. He noted that  there was funding                                                              
redundancy  with the  EPA grant  currently, but  that EPA  funding                                                              
was under current executive orders in Washington [D.C.]:                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Carbon Storage - Funding and Grants                                                                                      
                                                                                                                                
     State Funding:                                                                                                           
     HB50 (2024)                                                                                                              
        • FY2025 $388,000 personnel, $500,000 contractual                                                                       
          services, and $20,000 commodities                                                                                     
        • FY2026 $388,000 personnel, $350,000 contractual                                                                       
          services                                                                                                              
                                                                                                                                
     US EPA Class VI Grant:                                                                                                   
     $1,930,000 grant award Award Date: November 18, 2024hat there was                                                                          
          funding redun                                                                                                         
        • Grant Period: October 1, 2024  September 30,                                                                        
          2029.                                                                                                                 
        • Total Amount: $1,930,000 (over five years).                                                                         
          • Annual Breakdown ($386,000/year):                                                                                 
     Personnel: $196,852.80   Fringe Benefits: $97,377.60                                                                   
     Supplies: $1,769.60      Contractual: $90,000.00                                                                       
                                                                                                                                
4:12:44 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he  was glad to  hear AOGCC  was saving                                                              
money.  He  asked whether  AOGCC  attempted  to hire  and/or  fill                                                              
contracts for services or if they over-estimated their needs.                                                                   
                                                                                                                                
4:13:07 PM                                                                                                                    
MR. WILSON  said the initial  allocation for contractual  services                                                              
for fiscal  year 2025  was likely an  overestimate. He  said AOGCC                                                              
established  requests  for  service  agreements  (RSAs)  with  the                                                              
University of  Alaska Fairbanks (UAF)  and with the  Department of                                                              
Law  (Department of  Law).  The UAF  RSA was  for  $65,000 for  an                                                              
outreach program.  He said it  was unclear whether  the Department                                                              
of Law would bill AOGCC for services provided.                                                                                  
                                                                                                                                
4:14:11 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  whether  AOGCC  would return  unspent                                                              
money to the general fund.                                                                                                      
                                                                                                                                
4:14:18 PM                                                                                                                    
MR. WILSON affirmed that that was the expectation.                                                                              
                                                                                                                                
4:14:42 PM                                                                                                                    
MR.  WILSON  moved to  slide  5  and described  the  collaborative                                                              
efforts between  AOGCC, UAF  and Department  of Natural  Resources                                                              
(DNR).  He   noted  that  the   outreach  program   involving  the                                                              
University  of Alaska had  been conducted,  including a  statewide                                                              
poll and  community meetings in  Fairbanks, Anchorage,  and Kenai,                                                              
with  a  future  meeting  planned   for  Utqiagvik.  He  said  DNR                                                              
independently secured  a grant for  a CCUS database,  supported by                                                              
data  from the  AOGCC  through a  RSA.  The efforts  also  include                                                              
participation in  the UAS CCUS  workgroup and initiatives  related                                                              
to CO2 reduction and EERC engagement:                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Carbon Storage - Outreach and Engagement                                                                                 
                                                                                                                                
       Public Notice of Scoping  Hearing held November 7,                                                                     
     2024                                                                                                                       
     •    Received 6 comments  Available on our website                                                                         
     CCUS Outreach Program                                                                                                    
      •    Series of townhalls conducted in collaboration                                                                       
          with DNR and partners                                                                                                 
     •    Locations visited: Fairbanks, Anchorage and Kenai                                                                     
     •    Final event planned for Utqiagvik March 3, 2025                                                                       
     Other Activities                                                                                                         
     •    UAF CCUS Workgroup participation                                                                                      
     •    PCOR and EERC Engagement                                                                                              
     •    Supporting DNR in CCUS Database Development                                                                           
                                                                                                                                
    More    information    available   on    our    website:                                                                    
     https://www.commerce.alaska.gov/web/aogcc/ccus.aspx                                                                        
                                                                                                                                
4:15:51 PM                                                                                                                    
SENATOR  HUGHES  asked  for acronym  definitions  for  "PCOR"  and                                                              
"EERC".                                                                                                                         
                                                                                                                                
4:16:05 PM                                                                                                                    
MR. WILSON said  PCOR is the Plains CO2 Reduction  Partnership out                                                              
of  North Dakota  and EERC  is Energy  and Environmental  Research                                                              
Center, also out of North Dakota.                                                                                               
                                                                                                                                
4:16:31 PM                                                                                                                    
CHAIR GIESSEL asked whether AOGCC had conducted a poll.                                                                         
                                                                                                                                
4:16:40 PM                                                                                                                    
MR. WILSON affirmed that UAF conducted a poll.                                                                                  
                                                                                                                                
4:16:46 PM                                                                                                                    
CHAIR GIESSEL asked for details about the poll.                                                                                 
                                                                                                                                
4:16:58 PM                                                                                                                    
MR. WILSON said AOGCC could provide results of the poll later.                                                                  
                                                                                                                                
4:17:30 PM                                                                                                                    
MR. WILSON moved  to slide 6. MR. WILSON said  all AOGCC's efforts                                                              
to  date  were  Phase  I  activities  in  the  process  to  attain                                                              
Environmental  Protection  Agency (EPA)  primacy.  He expected  to                                                              
enter Phase  II in  May, 2025.  He noted  the critical  efforts to                                                              
align the  Alaska regulations under  development with  the federal                                                              
code requirements:                                                                                                              
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Steps to Primacy                                                                                                         
     EPA has a 4 Phase Process:                                                                                                 
     Phase I: Pre-Application Activities                                                                                      
        •    EPA assists states in identifying necessary                                                                        
          resources and reviewing draft regulations.                                                                            
     Phase II: Completeness Review                                                                                            
    •    EPA    assesses    application     materials    for                                                                    
          completeness and ensures all required information                                                                     
          is included.                                                                                                          
     Phase III: Application Evaluation (12 to 24 months)                                                                      
      •    EPA evaluates the state's regulations and other                                                                      
          relevant application components.                                                                                      
     Phase IV: Rulemaking and Codification                                                                                    
       •    EPA drafts and finalizes a rule to approve or                                                                       
          disapprove the application                                                                                            
                                                                                                                                
4:18:53 PM                                                                                                                    
SENATOR KAWASAKI  noted that  the state of  Alaska had  taken over                                                              
primacy  for some  EPA  functions, clean  water,  for example.  He                                                              
asked  whether Alaska  would have  to ensure  the EPA of  adequate                                                              
staffing at the  state level to address issues of  primacy and how                                                              
potential shortfalls would be addressed.                                                                                        
                                                                                                                                
4:19:44 PM                                                                                                                    
MR. WILSON said he  did expect that to be part  of the process and                                                              
that  AOGCC  was  currently adequately  staffed  to  address  CCUS                                                              
primacy when approved.                                                                                                          
                                                                                                                                
4:21:02 PM                                                                                                                    
CHAIR  GIESSEL asked  for clarification  about the  function of  a                                                              
Class II well                                                                                                                   
                                                                                                                                
4:21:15 PM                                                                                                                    
MR.  WILSON said  Class II  primacy was  for oil  field waste  and                                                              
included gas. He  further explained that it included  advanced oil                                                              
recovery and disposal associated with oil field activities.                                                                     
                                                                                                                                
4:21:50 PM                                                                                                                    
MR. WILSON  moved to  and narrated slide  7, introducing  the CCUS                                                              
team:                                                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Class VI Primacy Team                                                                                                    
     Technical                                                                                                                
        • Chris Wallace  UIC Program Manager, Petroleum                                                                         
          Engineer                                                                                                              
        • Jack Lau  Petroleum/Carbon Engineer                                                                                   
     Project Manager                                                                                                          
        • Kayla Junke -- Carbon Engineering Assistant                                                                           
     Legal Consultant and Attorney                                                                                            
        • Susan Pollard  Consultant, former Division of                                                                         
          Law                                                                                                                   
        • Pat Sherry  Division of Law Attorney                                                                                  
     Subject matter experts as needed                                                                                         
        • AOGCC Geologists                                                                                                      
        • Cement Evaluation/Mechanical Integrity Consultant                                                                     
        • Other Primacy States                                                                                                  
                                                                                                                                
4:23:51 PM                                                                                                                    
MR. WILSON moved  to slide 8, describing the  eventual application                                                              
for  CCUS.  He noted  that  one  component  of  slide 7  had  been                                                              
inadvertently   omitted:  modeling  of   the  flume   movement  in                                                              
subsurface would likely be added to contracted services:                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Key Components of the application                                                                                          
                                                                                                                                
     Governor's Letter and Attorney General Statement                                                                         
        • Official endorsements and legal confirmations.                                                                        
     Memorandum of Agreement with EPA                                                                                         
        • Collaborative framework outlining roles and                                                                           
          responsibilities.                                                                                                     
     Regulation Crosswalk                                                                                                     
        • Comparative analysis of state and federal                                                                             
          regulations.                                                                                                          
     Program Description                                                                                                      
        • Comprehensive plan for Class VI implementation,                                                                       
          including:                                                                                                            
             • Organizational structure.                                                                                        
             • Modeling and simulations.                                                                                        
             • Consultant involvement.                                                                                          
             • Community Engagement                                                                                             
             • Public notice and participation processes.                                                                       
     Form Examples                                                                                                            
                                                                                                                                
4:25:05 PM                                                                                                                    
CHAIR GIESSEL  thanked AOGCC for  the presentation and  noted that                                                              
an update next year would be in order.                                                                                          
                                                                                                                                
4:25:31 PM                                                                                                                    
MR.  WILSON  sought  to  clarify  that, while  AOGCC  was  in  the                                                              
process of  obtaining EPA  primacy for  CCUS operations,  entities                                                              
would not  be prevented  from seeking a  carbon storage  permit in                                                              
Alaska. He said the entity would be required to obtain their                                                                    
Class VI permit through the EPA rather than AOGCC.                                                                              
                                                                                                                                
4:25:58 PM                                                                                                                    
CHAIR GIESSEL appreciated the clarification.                                                                                    
                                                                                                                                
4:26:44 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Giessel adjourned the Senate Resources Standing Committee                                                                 
meeting at 4:26 p.m.