reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.065. Impoundment of derelict vessels posing imminent clear and present danger.

(a) Notwithstanding any other provision of law, a state agency or municipality may impound a derelict vessel immediately if the vessel constitutes a clear and present danger to public health, safety, or general welfare.
(b) When action is taken to impound a derelict vessel under (a) of this section, the state agency or municipality impounding the vessel shall, after 24 hours of the impoundment, provide notice of the action and the opportunity for a post-impoundment hearing by hand-delivery or certified mail, return receipt requested, to the owner of the vessel if the name and location of the owner is known.
(c) The owner of the vessel or a person with a financial or security interest in the vessel may file a written demand for a post-impoundment hearing within 15 days after the postmark date of the notice of impoundment under (b) of this section. An owner or a person with a financial or security interest in the vessel who fails to request or attend a scheduled post-impoundment hearing waives the right to the hearing.
(d) The state agency or municipality that impounded the vessel shall conduct a post-impoundment hearing within 48 hours after receiving a written demand for a post-impoundment hearing. The 48-hour period does not include Saturdays, Sundays, days that the state agency or municipality that impounded the vessel is officially closed, and legal holidays. The state agency or municipality shall conduct the post-impoundment hearing in an informal manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a post-impoundment hearing.
(e) A post-impoundment hearing officer shall determine whether there is substantial evidence establishing that the derelict vessel constituted a clear and present danger. If the hearing officer determines that there is substantial evidence to impound the vessel, the state agency or municipality or its designee may proceed to dispose of the vessel as provided under AS 30.30.055. If the hearing officer determines that there was not substantial evidence to impound the vessel, the state agency or municipality that impounded the vessel
(1) shall release the vessel to the owner;
(2) may not require the owner to pay the towing, storage, impoundment, or abatement charges; and
(3) shall refund or reimburse any towing, storage, impoundment, or abatement charges previously paid by the owner.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.075. Liability for derelict vessels.

Except as provided in AS 30.30.065(e), the owner of a vessel and a person entitled to possession of a vessel impounded under this chapter are jointly and severally liable for all costs incurred by the state agency or municipality in connection with the impoundment, storage, and removal of the vessel.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.090. Derelict vessel.

A vessel is a derelict vessel if
(1) the vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering public health, safety, property , or the environment;
(2) the vessel has been anchored, moored , stored, abandoned, or otherwise left in the waters of the state or on state or municipal property contrary to law;
(3) the vessel's certificate number or marine document number has expired and the owner no longer resides at the address listed in the vessel registration or marine document records of a state agency or the United States Coast Guard;
(4) the last owner of record disclaims ownership and the current owner's name or address cannot be determined;
(5) the vessel identification numbers and other means of identification have been obliterated or removed in a manner that nullifies or precludes efforts to locate or identify the owner;
(6) the vessel registration records of a state agency and the marine document records of the United States Coast Guard contain no record that the vessel ever has been registered or documented, and the owner's name or address cannot be determined; or
(7) the vessel has been anchored, moored, stored, abandoned, or otherwise left unattended on private property without authorization by the owner or occupant of the property.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.095. Duties and powers of the department.

The department shall, to the extent that funds are available from the derelict vessel prevention program fund ( AS 30.30.096),
(1) establish and administer the derelict vessel prevention program to prevent and deter the abandonment and operation of derelict vessels in the waters of the state and on state, municipal, and private property and to ensure that all state and municipal entities have the authority to identify, remove, and discourage derelict vessels from being stored, operated, or abandoned on the waters of the state and on state or municipal property;
(2) establish
(A) education and community outreach programs, derelict vessel disposal programs, and funding options for derelict vessel removal efforts; and
(B) a derelict vessel advisory council to implement education and community outreach programs that inform and incentivize the removal of derelict vessels from the waters of the state;
(3) develop and maintain a publicly available database of known derelict vessels in the state.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 1. Derelict Vessels. › Sec. 30.30.096. Derelict vessel prevention program fund.

(a) The derelict vessel prevention program fund is created in the general fund. The purpose of the fund is to provide a source from which the department may
(1) reimburse state agencies and municipalities for expenses related to removal of derelict vessels from waters of the state and from state or municipal property;
(2) pay for development and implementation of programs that incentivize compliance with this chapter;
(3) subsidize projects directly related to the derelict vessel prevention program; and
(4) pay the costs of administering the fund.
(b) The fund consists of money appropriated to the fund, including
(1) donations;
(2) money received from the sale of a vessel under this chapter;
(3) income from the fund and other program receipts;
(4) money collected under AS 05.25.096(a)(5) and (6);
(5) civil penalties collected under AS 30.30.015.
(c) Appropriations to the derelict vessel prevention program fund do not lapse.
(d) Money appropriated to the fund may be used by the department for the purposes of the fund without further appropriation.
(e) Nothing in this section creates a dedicated fund.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 2. Vessels Abandoned on Business Premises of Persons Engaged in Repair Business. › Sec. 30.30.110. Disposition of vessels by persons in vessel storage or repair business.

When a person abandons a vessel on the premises of a vessel storage or repair business, the owner of the business or the business owner's authorized representative may
(1) sell or dispose of the vessel under AS 30.30.110 - 30.30.150; or
(2) notify a state agency, municipality, or peace officer that the vessel is a derelict vessel subject to impoundment under AS 30.30.010 - 30.30.090.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 2. Vessels Abandoned on Business Premises of Persons Engaged in Repair Business. › Sec. 30.30.120. When vessel abandoned.

A vessel is abandoned on the premises of a vessel storage or repair business when all of the following conditions have been satisfied:
(1) the service requested or required by a person whose vessel is towed or brought to a vessel storage or repair business, including towing and rendering estimates of the cost of repairs, has been performed;
(2) no authorization is given to perform any further service with respect to the vessel, but the vessel is left on the storage or repair business premises;
(3) the owner of the storage or repair business or the business owner's authorized representative has given notice by registered or certified mail, with a return receipt, to the registered owner of the vessel at the address on record at the vessel storage or repair business and the address on record in a state agency or the United States Coast Guard, and to any person with a recorded interest in the vessel, stating that, if the vessel is not repossessed within 30 days after the mailing of the notice, it will be sold or disposed of; the notice also must contain a description of the vessel and its location, and it need not be sent to an owner or a person with an unrecorded interest in the vessel whose name or address cannot be determined; and
(4) the vessel is not repossessed within the 30-day period specified in (3) of this section.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 2. Vessels Abandoned on Business Premises of Persons Engaged in Repair Business. › Sec. 30.30.130. Sale or disposition of vessel.

When a vessel is abandoned, the owner of the vessel storage or repair business, or the business owner's authorized representative, after one public advertisement in a newspaper of general circulation in the state, may negotiate a sale of the vessel or dispose of it. However, the vessel may not be sold or disposed of within less than 30 days after publication of the advertisement.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 2. Vessels Abandoned on Business Premises of Persons Engaged in Repair Business. › Sec. 30.30.140. Disposition of proceeds.

The authorized seller of the abandoned vessel is entitled to the proceeds of the sale to the extent that compensation is due to the seller for services rendered with respect to the vessel, including reasonable and customary charges for towing, handling, storage, and the cost of notices and advertising required by AS 30.30.130. A lienholder shall receive priority of payment from the balance of the proceeds to the extent of the lien. Any remaining balance shall be forwarded to the registered owner of the vessel, if the registered owner can be found. If the registered owner cannot be found, the balance shall be deposited with the commissioner of administration and shall be paid out to the registered owner of the vessel if a proper claim is filed for it within one year from the execution of the sale agreement. If no claim is made within that year, the money shall escheat to the state.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 2. Vessels Abandoned on Business Premises of Persons Engaged in Repair Business. › Sec. 30.30.150. Effect of transfer of title.

The transfer of title and interest by sale under AS 30.30.140 is a transfer by operation of law. However, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 3. Miscellaneous. › Sec. 30.30.165. Enforcement authority.

(a) The following persons are peace officers of the state for the purpose of enforcing the provisions of this chapter and regulations adopted under this chapter on the waters of the state:
(1) an employee of the department or other person authorized by the commissioner of natural resources;
(2) an employee of a municipality authorized by the chief executive officer of the municipality; or
(3) a peace officer, as that term is defined in AS 01.10.060.
(b) A person designated in (a) of this section, when enforcing the provisions of this chapter or a regulation adopted under this chapter, may
(1) execute a warrant or other process issued by an officer or court of competent jurisdiction;
(2) administer or take an oath, affirmation, or affidavit; and
(3) issue a citation or arrest a person who violates a provision of this chapter or a regulation adopted under this chapter.
(c) A citation issued under (b) of this section must comply with the provisions of AS 12.25.175 - 12.25.230.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 30. Derelict Vessels Act; Abandoned Vessels › Article 3. Miscellaneous. › Sec. 30.30.170. Definitions.

In this chapter,
(1) “abandoned” means a vessel has been left unattended on private, state, or municipal land or waters of the state without the consent of the landowner or lessee for more than 30 days;
(2) “department” means the Department of Natural Resources;
(3) “municipality” has the meaning given in AS 29.71.800;
(4) “owner” means a person who
(A) has a property interest, other than a financial or security interest, in a vessel;
(B) is the last named owner of a vessel with the Department of Administration or the United States Coast Guard; or
(C) is designated as having an interest in a vessel in an agreement with a municipality, state agency, or political subdivision of the state;
(5) “state agency” means a department, agency, division, or office in the executive branch of state government;
(6) “vessel” means every description of watercraft, floating facility, or other artificial contrivance, other than a seaplane on the water, used or capable of being used as a means of transportation on or through the water;
(7) “waters of the state” means the navigable waters within the territorial limits of the state, and the marginal sea adjacent to the state, as defined in AS 44.03.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 50. Miscellaneous Provisions › Sec. 30.50.010. Interfering with buoys and beacons.

A person who moors a vessel, boat, skiff, barge, scow, raft, or part of a raft to a buoy or beacon placed in the navigable waters of the state, or in a bay, river, or arm of the sea bordering the state by the authority of the United States Coast Guard, or who hangs on with a vessel, boat, skiff, barge, scow, raft, or part of a raft to the buoy or beacon, or who wilfully removes, damages, or destroys the buoy or beacon, or who cuts down, removes, damages, or destroys a beacon erected on land in the state by authority of the United States Coast Guard is guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than $100 nor more than $200, or by imprisonment in a jail for not less than one month nor more than six months, or by both.
2023 Alaska Statutes › Title 30. Navigation, Harbors, Shipping, and Transportation Facilities › Chapter 50. Miscellaneous Provisions › Sec. 30.50.020. Discharging ballast into navigable waters.

A person, whether or not an officer of a vessel, who discharges the ballast of a vessel into the navigable portion or channel of a bay, harbor, or river of the state, or within the jurisdiction of the state, so as to injuriously affect the navigable portion or channel, or to obstruct the navigation of the navigable portion or channel, upon conviction, is punishable by imprisonment in a jail for not less than three months nor more than one year, or by a fine of not less than $100 nor more than $500.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.005. Alaska Oil and Gas Conservation Commission created.

(a) There is created as an independent quasi-judicial agency of the state the Alaska Oil and Gas Conservation Commission, composed of three commissioners appointed by the governor and confirmed by the legislature in joint session. In making appointments to the commission under AS 31.05.009 and this subsection, the governor shall consider and give preference to a person who demonstrates experience in oil and gas operations in the state.
(b) The governor shall designate one member of the commission as chair of the commission. This member shall serve as chair for a term of four years, but may not be appointed for successive terms as chair of the commission.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.007. Term of office; vacancy; removal.

(a) The term of office of each member is six years. A commissioner, upon the expiration of a term, shall continue to hold office until a successor is appointed and qualified.
(b) A vacancy arising in the office of a commissioner shall be filled by appointment by the governor and confirmed by the legislature in joint session, and, except as provided in AS 39.05.080(4), an appointee selected to fill a vacancy shall hold office for the balance of the full term for which the predecessor on the commission was appointed.
(c) A vacancy in the commission does not impair the authority of a quorum of commissioners to exercise all the powers and perform all the duties of the commission.
(d) The governor may remove a commissioner from office for cause including but not limited to incompetence, neglect of duty, or misconduct in office. A commissioner, to be removed for cause, shall be given a copy of the charges and afforded an opportunity to be publicly heard in person or by counsel in the commissioner's own defense upon not less than 10 days' notice. If a commissioner is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the commissioner and the governor's finding based on the charges, together with a complete record of the proceedings.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.009. Qualifications of members.

Members shall be qualified as follows:
(1) one member shall be a petroleum engineer who
(A) holds a certificate of registration as an engineer under AS 08.48 and, under regulations adopted to implement that chapter, has qualified as a petroleum engineer; or
(B) has earned a degree from a university in the field of engineering and has at least 10 years of professional subsurface experience in the oil and gas industry in drilling, well operations, production process operations, reservoir engineering, or a combination thereof; for the purposes of this subparagraph, a person meets the requirement of earning a degree in the field of engineering if the person obtains an undergraduate or graduate degree in engineering that meets the requirements for program accreditation by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology and the person completes university or industry training specific to petroleum engineering that illustrates application of engineering principles to the problems encountered and methods used in the petroleum industry, including drilling, production, reservoir engineering, fluid flow through subsurface formations, and hydrocarbon transportation;
(2) one member shall be a geologist who
(A) holds a certification as a professional geologist under AS 08.02.060 and has professional experience in the field of petroleum geology; or
(B) has earned a degree in the field of geology from a university accredited in the field of geology and has a minimum of 10 years professional experience in the field of petroleum geology; and
(3) one member who shall have training or experience that gives the person a fundamental understanding of the oil and gas industry in the state.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.017. Principal office; seal.

(a) The commission shall establish a principal office and branch offices necessary to discharge its business efficiently. For the convenience of the public or of parties to a proceeding the commission may hold meetings, hearings, or other proceedings at other locations.
(b) The commission shall have an official seal.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.021. Legal counsel.

(a) The Department of Law shall provide full-time legal counsel to the commission. The legal counsel provided by the Department of Law is subject to the approval of the commission.
(b) The commission may, subject to the approval of the attorney general, contract for the services of additional specialized legal counsel or legal consultants.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.023. Commission staff.

(a) The commission shall employ such staff as it considers necessary to carry out its responsibilities.
(b) The professional staff of the commission and the personal secretary of each commissioner are in the exempt service under AS 39.25.110.
(c) The secretarial and clerical staff of the commission, except the personal secretary of each commissioner, are in the classified service.
(d) In addition to its staff of regular employees, the commission may contract for and engage the services of consultants and experts the commission considers necessary.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.025. Conflict of interest.

(a) Members and employees of the commission, except clerical and secretarial staff, are subject to AS 39.50.
(b) A member of the commission is disqualified from voting upon any matter before the commission in which the member has a conflict of interest.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.026. Relationship to Department of Natural Resources.

(a) The Department of Natural Resources shall have standing before the commission to raise all issues relating to state-owned land without regard to the type of proprietary interest held by the state in that land.
(b) With respect to federal land from which the state or any subdivision of the state is entitled under federal law to receive a share of the federal royalty interest, the Department of Natural Resources shall have the same standing before the commission as if it were the holder of the equivalent royalty interest.
(c) When both the Department of Natural Resources and the commission have the authority to require, and do require, the submission of substantially the same information from persons subject to this chapter, the commission, in order to alleviate the administrative burdens placed on those persons, may by regulation enter into an agreement with the Department of Natural Resources whereby either the commission or the Department of Natural Resources shall have the responsibility to collect the information lawfully required by both.
(d) For budget and audit procedures and considerations, the commission shall have the same standing as any other major state agency. Whenever practicable the commission may enter into state interagency agreements concerning administrative, employee relations, and fiscal duties.
(e) The Department of Natural Resources shall have the same standing, no more or less, before the commission as granted by law to any other proprietary interest.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.027. Land subject to commission's authority.

The authority of the commission applies to all land in the state lawfully subject to its police powers, including land of the United States and land subject to the jurisdiction of the United States. The authority of the commission further applies to all land included in a voluntary cooperative or unit plan of development or operation entered into in accordance with AS 38.05.180(p).
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.032. Certification of gas storage capacity.

(a) An owner of a gas storage facility that seeks an exemption under AS 38.05.180(u) or a credit under AS 43.20.046 shall apply to the commission for certification of the facility's working gas storage capacity and certification of the facility's gas withdrawal capability. The application shall be on a form prescribed by the commission.
(b) Within six months after receiving an application under (a) of this section, the commission shall determine and certify
(1) the working gas storage capacity of the facility on the date the facility commences commercial operation rounded to the nearest 500,000,000 cubic feet;
(2) whether the gas storage facility is capable of withdrawing a minimum of 10,000,000 cubic feet of gas a day; and
(3) that the facility qualifies as a gas storage facility for the purposes of this section.
(c) The commission shall provide a copy of the certifications required by (b) of this section to the owner of the gas storage facility that requested the certification, the commissioner of natural resources, and the commissioner of revenue.
(d) If a gas storage facility ceases commercial operation, an owner of the gas storage facility shall give written notice to the commission that commercial operation has ceased. The notice must be filed with the commission before April 1 of the year immediately following the year in which the gas storage facility ceases commercial operation.
(e) In this section,
(1) “ceases commercial operation” means that the gas storage facility fails to inject or withdraw more than 100,000,000 cubic feet of gas during a calendar year following the year in which a gas storage facility commences commercial operation;
(2) “commences commercial operation” means the first injection of non-native gas into a gas storage facility for purposes other than testing;
(3) “cushion gas” means native and non-native gas in a gas storage facility that is needed to pressurize the facility and that allows the facility to function;
(4) “gas storage facility” means a tank or a depleted or nearly depleted reservoir or pool in the state that is available for the storage of gas;
(5) “native gas” means gas in a gas storage facility that was not injected;
(6) “non-native gas” means gas that is produced elsewhere and injected into a gas storage facility;
(7) “pool” has the meaning given in AS 31.05.170;
(8) “working gas storage capacity” means the maximum volume of non-native gas a gas storage facility may safely contain without creating or causing waste; the maximum volume of non-native gas does not include the volume of cushion gas present or the volume required for proper functioning of the gas storage facility at the working gas storage capacity certified under (b) of this section.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.035. Confidential reports.

(a) For all wells for which a permit to drill has been issued by the commission, the commission may require
(1) the making and filing of reports, well logs, drilling logs, electric logs, lithologic logs, directional surveys, and all other subsurface information on a well for which a permit to drill has been issued by the commission;
(2) the filing of flow test information and all logs, except experimental logs and velocity surveys run on a well and not required by (1) of this subsection; and
(3) the operator to make available for copying the digitized log information, if it is available, on any log required to be filed under (1) or (2) of this subsection.
(b) Reports and information required under (a)(1) and (2) of this section shall be filed within 30 days after the completion, abandonment, or suspension of a well. However, under (a)(1) of this section, the commission may not require the making of a log on a well completed, abandoned, or suspended before June 19, 1970.
(c) The reports and information required in (a) of this section that relate to an exploratory or stratigraphic test well and those portions of an application for a permit to drill an exploratory or stratigraphic test well that the commission determines contain proprietary engineering or geotechnical information shall be kept confidential for 24 months following the 30-day filing period unless the owner of the well gives written permission to release the application and reports and information at an earlier date. If the commissioner of natural resources finds that the required reports and information contain significant information relating to the valuation of unleased land in the same vicinity, the commissioner shall keep the reports and information confidential for a reasonable time after the disposition of all affected unleased land, unless the owner of the well gives written permission to release the reports and information at an earlier date. Well surface and bottom hole locations, well depth, well status, production data, and production reports required by the commission to be filed subsequent to the 30-day filing period shall be considered public information and may not be classified confidential. “Production data,” as used in this subsection, means volume, gravity, and gas-oil ratio of all production of oil or gas after the well begins regular production.
(d) Engineering, geological, and other information not required by (a) of this section but voluntarily filed with the commission shall be kept confidential if the person filing the information so requests.
(e) Notwithstanding (c) of this section, claims of confidentiality will be denied for information disclosed to the commission under AS 31.05.030(h) that is required to be disclosed under 42 U.S.C. 300h-4.
(f) Confidentiality under (d) of this section is not applicable to information submitted with or as part of a petition for a commission order or to information submitted for or as part of a hearing before the commission.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.040. Regulations and orders.

(a) The commission shall adopt regulations governing practice and procedure before it under this chapter.
(b) All orders issued by the commission shall be in writing, shall be entered in full and indexed in books kept by the commission for that purpose, and shall be public records open for inspection at all times during reasonable office hours. A copy of an order certified by the commission, under its seal, shall be received in evidence in all courts of the state with the same effect as the original.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.050. Notice.

(a) A notice required by this chapter shall be given in accordance with AS 44.62 (Administrative Procedure Act).
(b) Procedures to be followed under (a) of this section do not apply if the nature of the notice is not of a statewide or general application but is concerned only with operations on a single well or within a single field and the modification of procedure is within the authority delegated to the commission under AS 31.05.030. A notice required by this chapter shall be given by one publication in a newspaper published in the borough in which the hearing is to be held, or if none is published in the borough, in a newspaper published in this state and circulating within the borough, and posted in at least one public place within the borough, at least 10 days before the date of the hearing. The notice shall be issued in the name of the state, shall be signed by the commission, and shall specify the style and number of the proceeding, the time and place of the hearing, and shall briefly state the purpose of the proceeding. The commission may also give, or require the giving of, additional notice in a proceeding, or class of proceeding, which it considers necessary or desirable.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.060. Action by commission.

(a) The commission may act upon its own motion, or upon the petition of an interested person. On the filing of a petition concerning a matter within the jurisdiction of the commission under this chapter, the commission shall promptly fix a date for a hearing, and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the petition. The commission shall enter its order within 30 days after the hearing.
(b) Except as provided in this subsection, any action by the commission under this chapter that has statewide or general application shall be performed in accordance with AS 44.62 (Administrative Procedure Act). Any action by the commission under this chapter that has application to a single well or single field need not comply with the provisions of AS 44.62.330 - 44.62.630, but shall be performed in accordance with regulations of the commission designed to afford persons affected by the action notice and an opportunity to be heard.
(c) Notwithstanding the requirements of (a) and (b) of this section that relate to fixing a date for a hearing and causing notice of the hearing to be given, for an action under this chapter that involves the exploration for or development of nonconventional gas and that has application to a single well or a single field, upon the request of a lessee or operator, the commission may, where operations might be unduly delayed, approve a variance from the commission's regulations that apply to the well or field without providing notice and opportunity to be heard. In the exercise of its authority to issue the variance,
(1) the commission may approve the variance if
(A) the approval provides at least an equally effective means of accomplishing the requirement set out in the commission's regulation; or
(B) the commission determines that the request is more appropriate to the proposed operation than compliance with the requirement of the regulation; and
(2) the terms of the approval of the variance may include exempting the lessee or operator from a requirement of a regulation if the commission determines that the requirement is not necessary or not suited to the well or field taking into consideration
(A) the nature of the operation involved;
(B) the characteristics of the well or field for which the variance is sought; and
(C) the reasonably anticipated risks of the exemption from the requirement to human safety and the environment.
(d) The provisions of (c) of this section do not apply to authorize approval of a variance from the commission's regulations that relate to underground injection.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.070. Attendance and testimony of witnesses.

(a) The commission may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at a hearing or investigation conducted by it. A person may not be excused from attending and testifying, or from producing books, papers, and records before the commission or a court, or from obedience to the subpoena of the commission or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate or subject that person to a penalty or forfeiture. This section does not require a person to produce books, papers, or records, or to testify in response to an inquiry not pertinent to some question lawfully before the commission or court for determination. A natural person is not subject to criminal prosecution or to a penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of objection, that person may be required to testify or produce evidence, documentary or otherwise, before the commission or court, or in obedience to its subpoena. However, a person testifying is not exempt from prosecution and punishment for perjury committed in so testifying.
(b) If a person fails or refuses to comply with the subpoena issued by the commission, or refuses to testify as to any matter regarding which the person may be interrogated, any court of record in the state, upon application of the commission, may issue an attachment for the person and compel that person to comply with the subpoena, and attend before the commission and produce the records, books, and documents for examination, and give testimony. The court may punish for contempt as in the case of disobedience to a subpoena issued by the court, or for refusal to testify in court.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.080. Reconsiderations.

(a) Within 20 days after written notice of the entry of an order or decision of the commission, or such further time as the commission grants for good cause shown, a person affected by it may file with the commission an application for reconsideration of the matter determined by the order or decision, setting out the respect in which the order or decision is believed to be erroneous. The commission shall grant or refuse the application in whole or in part within 10 days after it is filed, and failure to act on it within this period is a refusal of it and a final disposition of the application. If reconsideration is granted, the commission may enter a new order or decision after reconsideration as may be required under the circumstances.
(b) [Repealed, § 82 ch 41 SLA 2009.]
(c) [Repealed, § 15 ch 54 SLA 2007.]
(d) [Repealed, § 15 ch 54 SLA 2007.]
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 1. Administration. › Sec. 31.05.085. Expenses of investigation or hearing.

(a) During a hearing or investigation held under this chapter, the commission may allocate the costs of the hearing or investigation among the parties, including the commission, as is just under the circumstances. In allocating costs, the commission shall consider the regulatory cost charge paid by a person under AS 31.05.093 and may consider the results, evidence of good faith, other relevant factors, and mitigating circumstances. The costs allocated may include
(1) the costs of any time devoted to the investigation or hearing by hired consultants, whether or not the consultants appear as witnesses or participants;
(2) any out-of-pocket expenses incurred by the commission in the particular proceeding; and
(3) when the investigation or hearing relates to a violation of a provision of this chapter, a regulation adopted under this chapter, or an order, stipulation, or term of a permit issued by the commission, the costs of any time devoted to the investigation or hearing by the commission staff.
(b) The commission shall provide an opportunity for any person objecting to an allocation to be heard before the allocation becomes final.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 2. Regulation of Operations. › Sec. 31.05.090. Permits to drill wells.

(a) A person shall apply for and receive a permit from the commission before drilling
(1) a well in search of oil or gas;
(2) a well in support of the recovery or production of oil or gas;
(3) an underground injection well for the purpose of gas storage; or
(4) an underground injection well for which the state has acquired primary enforcement responsibility under AS 31.05.030(h).
(b) A person must submit a separate permit application for each well. The permit application must be in the form required by the commission and include all information required by the commission.
(c) After receiving an application under (b) of this section, the commission shall promptly approve or deny the application for a permit to drill.
(d) In making a determination under (c) of this section, the commission shall consider whether the
(1) proposed well is contrary to law, a provision of this chapter, a regulation adopted under this chapter, or an order, stipulation, or term of a permit issued by the commission; or
(2) applicant is in violation of a provision of this chapter, a regulation adopted under this chapter, or an order, stipulation, or term of a permit issued by the commission and the magnitude of such violation.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 2. Regulation of Operations. › Sec. 31.05.093. Regulated well regulatory cost charge.

(a) Every person that on the first day of a state fiscal year is the operator of a well for which a permit to drill has been issued under AS 31.05.090 and that has not, before that day, been plugged and abandoned and reported as abandoned in accordance with regulations of the commission shall pay to the commission an annual regulatory cost charge for that fiscal year. A regulatory cost charge may not be collected from a person unless the operation for which the person is responsible is within the jurisdiction of the commission.
(b) The commission shall annually determine regulatory cost charges under this section. The regulatory cost charge to be paid by a person for a state fiscal year must be based on the total volume during the most recently concluded calendar year for the wells described in (a) of this section of which the person was the operator on the first day of the fiscal year as a percentage of the total volume during the same calendar year for all wells described in (a) of this section. For purposes of this subsection, “total volume” means the sum of the volume of all oil and gas produced from a well and all oil, gas, water, and other fluids, including waste slurry, injected into the well. For purposes of determining volume under this subsection, 6,000 cubic feet of gas has a volume that is the equivalent of one barrel of oil.
(c) The commission shall determine the regulatory cost charges levied under this section so that the total amount to be collected approximately equals the appropriations made for the operating costs of the commission under this chapter for the fiscal year.
(d) The commission shall administer the collection of the regulatory cost charges imposed under this section. The Department of Administration shall identify the amount of the appropriations made for the operating costs of the commission under this chapter that lapses into the general fund each year. The legislature may appropriate to the commission for its operating costs under this chapter for the next fiscal year an amount that is at least equal to the lapsed amount. If the legislature makes an appropriation to the commission under this subsection that is at least equal to the lapsed amount, the commission shall reduce the total regulatory cost charge collected for that fiscal year by a comparable amount.
(e) The commission may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to administer this section, including regulations for investigation of the accuracy of reported information and for collecting required payments.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 2. Regulation of Operations. › Sec. 31.05.120. Use of gas from well to manufacture carbon products without permit is prima facie waste.

The use of gas from a well producing gas only, or from a well which is primarily a gas well for the manufacture of carbon black or similar products predominantly carbon is declared to constitute waste prima facie, and the gas well may not be used for this purpose unless it is clearly shown at a public hearing held by the commission, on application of the person desiring to use the gas, that waste would not take place by the use of the gas for the purpose applied for, and that gas which would otherwise be lost is now available for such purpose, and that the gas to be used cannot be used for a more beneficial purpose, such as for light or fuel purposes, except at prohibitive cost, and that it would be in the public interest to grant the permit. If the commission finds that the applicant has clearly shown a right to use the gas for the purpose applied for, it shall issue a permit upon terms and conditions it finds necessary in order to permit the use of the gas and at the same time require compliance with the intent of this section.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 05. Alaska Oil and Gas Conservation Act › Article 3. General Provisions. › Sec. 31.05.160. Injunctive relief.

(a) Whenever it appears that a person is violating or threatening to violate any provision of this chapter, or any regulation or order of the commission, the commission shall bring suit against that person in the superior court of the judicial district where the violation occurs or is threatened, to restrain the person from continuing the violation or from carrying out the threat of violation. In the suit, the court shall have jurisdiction to grant to the commission, without bond or otherwise undertaking, such prohibitory and mandatory injunctions as the facts warrant.
(b) If the commission fails to bring suit to enjoin a violation or threatened violation within 10 days after receipt of written request to do so by a person who is or will be adversely affected by the violation, the person making the request may bring suit to restrain the violation or threatened violation in the court in which the commission may bring suit. If the court finds that injunctive relief should be granted, the commission shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the commission had at all times been the plaintiff.
2023 Alaska Statutes › Title 31. Oil and Gas › Chapter 15. Common Purchasers of Oil › Sec. 31.15.010. Hearing on question of discrimination.

(a) Upon the complaint of a person having an interest in the production of oil from a field, the commission shall hold a hearing or hearings, or, at the commission's own discretion, the commission may hold a hearing or hearings to determine if there has been unjust and unreasonable discrimination in purchases of oil offered for purchase within the state,
(1) in favor of one or more owners of oil produced as against another owner in the same field; or
(2) in favor of one or more fields in reasonably close proximity to each other.
(b) In determining whether there has been unjust and unreasonable discrimination in favor of one or more owners of oil produced from a field, the commission shall consider the kind and quality of the oil, the sales prices of the oil, and other related matters.
(c) In determining whether there has been unjust and unreasonable discrimination in favor of one or more fields in reasonably close proximity to each other, the commission shall consider the kind and quality of the oil, the sales prices of the oil, the size and location of the fields, the maximum efficient rate of production from the pools, the cost and mode of transporting the oil from the fields, the term of the offerings, and other related matters.