HB 369: "An Act relating to an in-state natural gas pipeline, the office of in-state gasline project manager, the Joint In-State Gasline Development Team, and the In-State Gasline Steering Committee; and providing for an effective date."
00 HOUSE BILL NO. 369 01 "An Act relating to an in-state natural gas pipeline, the office of in-state gasline project 02 manager, the Joint In-State Gasline Development Team, and the In-State Gasline 03 Steering Committee; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38 is amended by adding new sections to read: 06 Chapter 34. In-State Natural Gas Pipeline. 07 Sec. 38.34.010. In-state gasline project manger. (a) The position of in-state 08 gasline project manager is created in the Office of the Governor. The Office of the 09 Governor shall provide administrative support for the position. The position shall 10 continue until one year after commencement of commercial operation of the in-state 11 natural gas pipeline. 12 (b) The governor shall appoint an individual to the position of in-state gasline 13 project manager. The manager is in the partially exempt service under AS 39.25.120. 14 The person serving as the in-state gasline project manager may be removed from the
01 position at the discretion of the governor, who shall appoint another person to the 02 position. 03 (c) The in-state gasline project manager shall 04 (1) collaborate with other state agencies to perform planning and other 05 work on the in-state natural gas pipeline project under this chapter; 06 (2) coordinate with government agencies and the private sector on 07 issues involving construction, ownership, and operation of the in-state natural gas 08 pipeline; 09 (3) submit written monthly progress reports to the legislature setting 10 out the monthly expenditures of funds spent in the development of the in-state natural 11 gas pipeline, and including projections of future expenditures and efforts needed to 12 develop the in-state natural gas pipeline. 13 Sec. 38.34.020. Expedited review and action by state agencies. (a) A review 14 conducted and action taken by a state agency relating to the in-state natural gas 15 pipeline project under this chapter shall be expedited in a manner consistent with the 16 timely completion of the project. 17 (b) Notwithstanding any contrary provision of law, a state agency may not 18 include in any project certificate, right-of-way, permit, or other authorization issued to 19 the licensee a term or condition that is not required by law if the in-state gasline 20 project manager determines that the term or condition would prevent or impair, in any 21 significant respect, the expeditious construction and operation or expansion of the in- 22 state natural gas pipeline project. 23 (c) Unless required by law, a state agency may not add to, amend, or abrogate 24 any certificate, right-of-way, permit, or other authorization issued to a licensee if the 25 in-state gasline project manager determines that the action would prevent or impair, in 26 any significant respect, the expeditious construction, operation, or expansion of the in- 27 state natural gas pipeline project. 28 Sec. 38.34.030. Joint In-state Gasline Development Team. (a) The Joint In- 29 state Gasline Development Team is established in the Office of the Governor. The 30 team consists of four members as follows: 31 (1) the commissioner of transportation and public facilities, or the
01 commissioner's designee; 02 (2) the chief executive officer of the Alaska Railroad Corporation; 03 (3) the chief executive officer of the Alaska Natural Gas Development 04 Authority; and 05 (4) the in-state gasline project manager. 06 (b) The chief executive officer of the Alaska Railroad Corporation is the chair 07 of the Joint In-state Gasline Development Team. 08 (c) The development team may hire staff, enter into contracts, and exercise 09 other powers necessary to carry out its functions. 10 Sec. 38.34.040. Duties of the development team. (a) The Joint In-state 11 Gasline Development Team shall ensure that construction is ready to begin on an in- 12 state natural gas pipeline by July 1, 2011, and take actions necessary to enable natural 13 gas to flow down the pipeline by 2015. 14 (b) The Joint In-state Gasline Development Team shall 15 (1) select a route for an in-state natural gas pipeline that runs from the 16 North Slope to tidewater that, to the extent consistent with other requirements of this 17 subsection, 18 (A) is the most economical; 19 (B) will provide natural gas to the greatest number of residents 20 at a reasonable cost; 21 (C) uses state land and existing state highway and railroad 22 rights-of-way to the maximum extent; 23 (D) uses existing highway and railroad bridges, gravel pits, 24 equipment yards, and maintenance facilities, and other existing facilities and 25 resources to the maximum extent; 26 (2) identify land or rights-of-way that must be obtained for 27 construction and operation of the in-state natural gas pipeline and take action 28 necessary to enable the Department of Transportation and Public Facilities to acquire 29 those interests; 30 (3) prepare plans and designs necessary for construction of the in-state 31 natural gas pipeline;
01 (4) identify all permits and licenses needed to construct the in-state 02 natural gas pipeline and proceed with applications for those permits and licenses; 03 (5) prepare and update estimates of construction and other costs of 04 pipeline construction; 05 (6) take any action necessary so that construction may begin on the in- 06 state natural gas pipeline by July 1, 2011, and report to the legislature by that date. 07 Sec. 38.34.050. Cooperation and access to information. (a) Notwithstanding 08 other laws, the Joint In-state Gasline Development Team may have access to 09 information of a state entity, including confidential information, that may relate to the 10 in-state natural gas pipeline or prove useful in planning, design, construction, or 11 operation of the pipeline. Confidential information received by the development team 12 shall be kept confidential. 13 (b) All state agencies and other entities shall cooperate with and give priority 14 to requests for information from the Joint In-state Gasline Development Team. The 15 development team shall avoid duplicating studies, plans, and designs that have already 16 been produced or otherwise obtained by other state entities. 17 Sec. 38.34.060. Conflicts of interest. If a member of the Joint In-state Gasline 18 Development Team acquires, owns, or controls an interest, direct or indirect, in 19 property, an organization, or a business that might be affected by the in-state natural 20 gas pipeline project or other matter under consideration by the development team, the 21 member shall immediately disclose the interest to the development team. The 22 disclosure is a matter of public record and shall be included in the minutes of the first 23 meeting of the development team held after the disclosure. 24 Sec. 38.34.070. In-state Gasline Steering Committee. (a) The In-state 25 Gasline Steering Committee is created in the Office of the Governor to provide advice 26 to the Joint In-state Gasline Development Team. The steering committee consists of 27 the 28 (1) president of the senate, or the president's designee; 29 (2) speaker of the house of representatives, or the speaker's designee; 30 (3) commissioner of commerce, community, and economic 31 development, or the commissioner's designee;
01 (4) commissioner of labor and workforce development, or the 02 commissioner's designee; 03 (5) chair of the Regulatory Commission of Alaska, or the chair's 04 designee; 05 (6) executive director of the Alaska Permanent Fund Corporation; 06 (7) executive director of the Alaska Industrial Development and 07 Export Authority; 08 (8) executive director of the Alaska Housing Finance Corporation; 09 (9) following individuals appointed by the Joint In-state Gasline 10 Development Team: 11 (A) an individual with financial background; 12 (B) an individual with oil or natural gas pipeline experience; 13 (C) an individual who represents a corporation organized under 14 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act); 15 (D) an individual who represents a nonprofit corporation 16 organized by a Native organization organized under federal law; 17 (E) an individual who represents an oil and gas trade 18 association; 19 (F) an individual who represents a natural gas utility; 20 (G) an individual who represents an electric utility; 21 (H) an individual from the Office of the Federal Coordinator 22 for Alaska Natural Gas Transportation Projects; 23 (I) an individual who represents the North Slope Borough; 24 (J) an individual who represents the Fairbanks North Star 25 Borough; 26 (K) an individual who represents the Matanuska-Susitna 27 Borough; 28 (L) an individual who represents the Municipality of 29 Anchorage; 30 (M) an individual who represents the Kenai Peninsula 31 Borough;
01 (N) an individual who represents Delta Junction; 02 (O) an individual who represents Glennallen; 03 (P) an individual who represents Valdez. 04 (b) The members appointed under (a)(9) of this section serve without 05 compensation but are entitled to per diem and travel expenses authorized for boards 06 and commissions under AS 39.20.180. 07 (c) The members of the steering committee shall select a chair and vice-chair 08 from among the membership. 09 Sec. 38.34.080. Duties of the steering committee. (a) The In-state Gasline 10 Steering Committee shall consider all aspects of the in-state natural gas pipeline 11 project, including public or private construction of the pipeline, marketing of natural 12 gas, a financing plan for pipeline construction, the purchase of natural gas from 13 producers, maximizing hiring of residents in connection with the pipeline project, 14 delivery and costs of natural gas to communities along the pipeline route, 15 manufacturing opportunities for gas-to-liquids, plans for delivery and costs of 16 liquefied natural gas or propane to Yukon river and coastal communities, and 17 acquisition of natural gas market share sufficient to ensure the long-term feasibility of 18 the in-state natural gas pipeline project. 19 (b) The Joint In-state Gasline Development Team may assign specific issues 20 to the In-state Gasline Steering Committee for its consideration and recommendations. 21 (c) The In-state Gasline Steering Committee shall report its conclusions and 22 recommendations to the Joint In-state Gasline Development Team. 23 Sec. 38.34.090. Conflicts of interest and ethics. (a) If a member of the In- 24 state Gasline Steering Committee acquires, owns, or controls an interest, direct or 25 indirect, in property, an organization, or business that might be affected by the in-state 26 natural gas pipeline project or other matter under consideration by the steering 27 committee, the member shall immediately disclose the interest to the steering 28 committee. The disclosure is a matter of public record and shall be included in the 29 minutes of the first meeting of the steering committee held after the disclosure. 30 (b) AS 39.52 does not apply to a member of the In-state Gasline Steering 31 Committee appointed under AS 38.34.070(a)(9).
01 Sec. 38.34.100. Definitions. In this chapter, 02 (1) "in-state natural gas pipeline" means a pipeline for transporting 03 natural gas that runs from the North Slope to tidewater in the state; 04 (2) "North Slope" means that area of Alaska lying north of 68 degrees 05 North latitude. 06 * Sec. 2. AS 39.25.120(c) is amended by adding a new paragraph to read: 07 (21) the in-state gasline project manager appointed under 08 AS 38.34.010. 09 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).