reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 2. Qualification and Application Procedures. › Sec. 43.82.120. Applications.

(a) A qualified sponsor or qualified sponsor group may submit to the department an application for development of a contract under AS 43.82.020 evidencing that the requirements of AS 43.82.100 and 43.82.110 are met. The application must be submitted in the manner and form and contain the information required by the department.
(b) Along with an application submitted under (a) of this section, an applicant shall submit a proposed project plan for a qualified project that contains the following information based on the information known to the applicant at the time of application:
(1) a description of the work accomplished as of the date of the application to further the project;
(2) a schedule of proposed development activity leading to the projected commencement of commercial operations of the project;
(3) a description of the development activity proposed to be accomplished under the proposed project plan;
(4) a description of each lease or property that the applicant believes to contain the stranded gas that would be developed if the project was built;
(5) a description of the methods and terms under which the applicant is prepared to make gas available to meet the reasonably foreseeable demand in this state for gas within the economic proximity of the project during the term of the proposed contract, including proposed pipeline transportation and expansion rules if pipeline transportation is a part of the proposed project;
(6) a detailed description of options to mitigate the increased demand for public services and other negative effects caused by the project;
(7) a detailed description of options for the safe management and operation of the project once it is constructed;
(8) other information that the commissioner of revenue, in consultation with the commissioner of natural resources, considers necessary to make a determination that
(A) the work accomplished as of the date of application, the schedule of proposed development activity, and the development activity proposed to be accomplished under the proposed project plan reflect a proposal for diligent development on the part of the applicant;
(B) the proposed project plan does not materially conflict with the obligations of a lessee to the state under a lease or under a pool, unit, or other agreement with the state; and
(C) the proposed project plan describes satisfactory methods and terms for accommodating reasonably foreseeable demand for gas in this state within the economic proximity of the project during the term of the proposed contract.
(c) The requirements of (b) of this section do not diminish the obligations of a qualified sponsor or member of a qualified sponsor group to the state or restrict the authority of the commissioner of revenue or the commissioner of natural resources under any other law or agreement relating to a plan of development for a lease, pool, or unit.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 2. Qualification and Application Procedures. › Sec. 43.82.130. Qualified project plan.

A proposed project plan submitted under AS 43.82.120 may be approved as a qualified project plan under AS 43.82.140 if the proposed project plan
(1) reflects a proposal for diligent development of the project on the part of the applicant;
(2) does not materially conflict with the obligations of a lessee to the state under a lease or under a pool, unit, or other agreement with the state; and
(3) describes satisfactory methods and terms for making gas available to meet the reasonably foreseeable demand in this state for gas within the economic proximity of the project during the term of the proposed contract.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 2. Qualification and Application Procedures. › Sec. 43.82.140. Review of applications and determination of qualifications.

(a) The commissioner shall review an application submitted under AS 43.82.120 to determine whether the provisions of AS 43.82.100 concerning a qualified project and AS 43.82.110 concerning a qualified sponsor or qualified sponsor group have been met. The commissioner may approve an application only if those provisions have been met.
(b) If the commissioner approves an application under (a) of this section, the commissioner and the commissioner of natural resources shall review the proposed project plan submitted with the application to determine whether the provisions of AS 43.82.130 have been met. The commissioner may approve the proposed project plan as a qualified project plan only if the commissioner of natural resources concurs in the approval.
(c) The commissioner shall send to the applicant written notice of and the reasons for the determinations made under (a) and (b) of this section.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 2. Qualification and Application Procedures. › Sec. 43.82.150. Actions challenging determinations on applications.

(a) Only an applicant under AS 43.82.120 who is aggrieved by a determination of the commissioner of revenue or the commissioner of natural resources under AS 43.82.140 may seek judicial review of the determination.
(b) The only grounds for judicial review of a determination made under AS 43.82.140 are
(1) failure to follow the qualification and application procedures set out in AS 43.82.100 - 43.82.180; or
(2) abuse of discretion that is so capricious, arbitrary, or confiscatory as to constitute a denial of due process.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 2. Qualification and Application Procedures. › Sec. 43.82.160. Multiple applications for similar or competing qualified projects.

Nothing in this chapter prohibits different qualified sponsors or different qualified sponsor groups from submitting applications under AS 43.82.120 relating to similar or competing qualified projects or prohibits the commissioner of revenue or the commissioner of natural resources from reviewing and approving applications and proposed project plans under AS 43.82.140 relating to similar or competing qualified projects.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 2. Qualification and Application Procedures. › Sec. 43.82.170. Application deadline.

The commissioner of revenue or the commissioner of natural resources may not act on an application for a contract submitted under AS 43.82.120 unless the application is received by the Department of Revenue no later than March 31, 2005.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 2. Qualification and Application Procedures. › Sec. 43.82.180. Withdrawal of applications.

Subject to the terms of a reimbursement agreement under AS 43.82.240 or other agreement with the Department of Revenue, the Department of Natural Resources, the commissioner of revenue, or the commissioner of natural resources affecting the withdrawal of an application, a qualified sponsor or qualified sponsor group may withdraw an application submitted under AS 43.82.120 at any time before the date that the commissioner of revenue submits a contract to the governor under AS 43.82.430 without further obligation under this chapter.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 3. Contract Development. › Sec. 43.82.200. Contract development.

If the commissioner approves an application and proposed project plan under AS 43.82.140, the commissioner may develop a contract that may include
(1) terms concerning periodic payment in lieu of one or more taxes as provided in AS 43.82.210;
(2) terms developed under AS 43.82.220 relating to
(A) timing and notice of the state's right to take royalty in kind or in value; and
(B) royalty value;
(3) terms regarding the hiring of Alaska residents and contracting with Alaska businesses under AS 43.82.230;
(4) terms regarding periodic payment to, or an equity or other interest in a project for, municipalities under AS 43.82.500;
(5) terms regarding arbitration or alternative dispute resolution procedures;
(6) terms and conditions for administrative termination of a contract under AS 43.82.445; and
(7) other terms or conditions that are
(A) necessary to further the purposes of this chapter; or
(B) in the best interests of the state.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 3. Contract Development. › Sec. 43.82.220. Contract terms relating to royalty.

(a) Notwithstanding any contrary provisions of AS 38, the commissioner of natural resources, with the concurrence of the commissioner of revenue and the affected parties holding a state lease or unit agreement, may develop proposed terms for inclusion in a contract under AS 43.82.020 that modify the timing and notice provisions of the applicable oil and gas leases and unit agreements pertaining to the state's rights to receive its royalty on gas in kind or in value if
(1) the viability of the approved qualified project depends on long-term gas purchase and sale agreements;
(2) certainty over time regarding the quantity of royalty gas that the state may be taking in kind is needed to secure the long-term purchase and sale agreements;
(3) the specified period of the state's commitment to take its royalty share in value or in kind does not exceed the term of the purchase and sale agreements; and
(4) the modification does not impair the ability of the approved qualified project or the state to meet the reasonably foreseeable demand in this state for gas within economic proximity of the project during the term of the contract developed under AS 43.82.020.
(b) Notwithstanding any contrary provisions of AS 38, the commissioner of natural resources, with the concurrence of the commissioner of revenue and the affected parties holding a state lease or unit agreement, may develop proposed terms for inclusion in a contract under AS 43.82.020 that establish a valuation method for the state's royalty share of the gas production from an approved qualified project.
(c) The commissioner of revenue shall include any proposed terms relating to royalty developed in accordance with this section in the proposed contract under AS 43.82.400.
(d) Nothing in this chapter permits modification of the state's rights that relate to timing, notice, and rights to receive oil royalty in kind or in value under oil and gas leases or unit agreements.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 3. Contract Development. › Sec. 43.82.240. Use of an independent contractor.

(a) The commissioner may use independent contractors to assist in the evaluation of an application or in the development of contract terms under AS 43.82.200. The commissioner may condition the development of a contract under AS 43.82.020 on an agreement by the applicant to reimburse the state for the reasonable expenses of independent contractors under this section. A reimbursement of expenses that is required in an agreement authorized by this subsection may not exceed $1,500,000 for each application.
(b) An independent contractor selected under this section must sign an agreement regarding confidentiality and disclosures consistent with the determinations made under AS 43.82.310 before the contractor may review information that is determined confidential under AS 43.82.310.
(c) Selection of an independent contractor under this section is not subject to AS 36.30 (State Procurement Code).
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 3. Contract Development. › Sec. 43.82.250. Term of contract; effective date.

The term of a contract developed under AS 43.82.020 may be for no longer than is necessary to develop the stranded gas that is subject to the contract; however, the term of the contract may not exceed 35 years from the commencement of commercial operations of the approved qualified project.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 3. Contract Development. › Sec. 43.82.260. Change of parties to an application or a contract; assignment of interests.

(a) A qualified sponsor or member of a qualified sponsor group may assign an interest in or add or withdraw a party to an application under AS 43.82.120 only if the commissioner has
(1) made a finding that the assignment, addition, or withdrawal is consistent with the requirements of AS 43.82.110; and
(2) given prior written approval for the assignment, addition, or withdrawal.
(b) A contract developed under this chapter may provide for the assignment to or withdrawal of a qualified sponsor or member of a qualified sponsor group.
(c) Upon being added to an application under this section, a party becomes a qualified sponsor or a member of a qualified sponsor group, as appropriate, for the relevant project.
(d) The commissioner may not unreasonably withhold approval under (a) of this section, but may condition the approval in any way reasonably necessary to protect the fiscal interests of the state and to further the purposes of this chapter.
(e) For purposes of this section, an assignment includes a transfer of stock or a partnership interest in a manner that changes control of a qualified sponsor or member of a qualified sponsor group.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 3. Contract Development. › Sec. 43.82.270. Project plans and work commitments.

A contract under AS 43.82.020 must include the qualified project plan approved under AS 43.82.140 and provisions for updating the plan at reasonable intervals until the commencement of commercial operations of the approved qualified project. The commissioner of revenue, in consultation with the commissioner of natural resources, may, as a term in a contract under AS 43.82.020, include work commitments or other obligations in the contract to be accomplished before the commencement of commercial operations of the approved qualified project.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 4. Requests for Information; Confidentiality; Disclosure of Information. › Sec. 43.82.300. Requests for information.

The commissioner of revenue or the commissioner of natural resources may request from an applicant information that the respective commissioner determines is necessary to perform the respective commissioner's responsibilities under AS 43.82.140. If the application is approved under AS 43.82.140, the respective commissioner shall require the successful applicant to provide financial, technical, and market information regarding the qualified project that the respective commissioner determines is necessary for the purpose of developing contract terms for the qualified project under AS 43.82.200. If requested information is not provided, the commissioner of revenue may not continue to review the application under AS 43.82.140 or develop the contract under AS 43.82.200 - 43.82.270, as applicable.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 5. Contract Review, Approval, and Termination. › Sec. 43.82.400. Preliminary findings and determination regarding the contract.

(a) If the commissioner develops a proposed contract under AS 43.82.200 - 43.82.270, the commissioner shall
(1) make preliminary findings and a determination that the proposed contract terms are in the long-term fiscal interests of the state and further the purposes of this chapter; and
(2) prepare a proposed contract that includes those terms and shall submit the contract to the governor.
(b) To make the preliminary findings and determination required by (a)(1) of this section, the commissioner shall compare the projected public revenue anticipated from the approved qualified project with the estimated operating and capital costs of the additional state and municipal services anticipated to arise from the construction and operation of the approved qualified project. The commissioner shall address the reasonably foreseeable effects of the proposed contract on the public revenue.
(c) In conjunction with the making of preliminary findings and determination required by (a)(1) of this section, the commissioner shall describe the principal factors, including the projected price of gas, projected production rate or volume of gas, and projected recovery, development, construction, and operating costs, upon which the determination made under (a)(1) of this section is based. If the commissioner has previously submitted a proposed contract to the governor, the commissioner shall describe any material differences between the terms of the currently proposed contract and the previously proposed contract.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 5. Contract Review, Approval, and Termination. › Sec. 43.82.410. Notice and comment regarding the contract.

The commissioner shall
(1) give reasonable public notice of the preliminary findings and determination made under AS 43.82.400;
(2) make copies of the proposed contract, the commissioner's preliminary findings and determination, and, to the extent the information is not required to be kept confidential under AS 43.82.310, the supporting financial, technical, and market data, including the work papers, analyses, and recommendations of any independent contractors used under AS 43.82.240 available to the public and to
(A) the presiding officer of each house of the legislature;
(B) the chairs of the finance and resources committees of the legislature; and
(C) the chairs of the special committees on oil and gas, if any, of the legislature;
(3) offer to appear before the Legislative Budget and Audit Committee to provide the committee a review of the commissioner's preliminary findings and determination, the proposed contract, and the supporting financial, technical, and market data; if the Legislative Budget and Audit Committee accepts the commissioner's offer, the committee shall give notice of the committee's meeting to the public and all members of the legislature; if the financial, technical, and market data that is to be provided must be kept confidential under AS 43.82.310, the commissioner may not release the confidential information during a public portion of a committee meeting; and
(4) establish a period of at least 30 days for the public and members of the legislature to comment on the proposed contract and the preliminary findings and determination made under AS 43.82.400.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 5. Contract Review, Approval, and Termination. › Sec. 43.82.420. Coordination of public and legislative review.

To the extent practicable, the commissioner shall coordinate the public comment opportunity provided under AS 43.82.410(4) with a review by the Legislative Budget and Audit Committee under AS 43.82.410(3).
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 5. Contract Review, Approval, and Termination. › Sec. 43.82.430. Final findings, determination, and proposed amendments; execution of the contract.

(a) Within 30 days after the close of the public comment period under AS 43.82.410(4), the commissioner of revenue shall
(1) prepare a summary of the public comments received in response to the proposed contract and the preliminary findings and determination;
(2) after consultation with the commissioner of natural resources, if appropriate, and with the pertinent municipal advisory group established under AS 43.82.510, prepare a list of proposed amendments, if any, to the proposed contract that the commissioner of revenue determines are necessary to respond to public comments;
(3) make final findings and a determination as to whether the proposed contract and any proposed amendments prepared under (2) of this subsection meet the requirements and purposes of this chapter.
(b) After considering the material described in (a) of this section and securing the agreement of the other parties to the proposed contract regarding any proposed amendments prepared under (a) of this section, if the commissioner determines that the contract is in the long-term fiscal interests of the state, the commissioner shall submit the contract to the governor.
(c) The commissioner's final findings and determination under (a) of this section are final agency decisions under this chapter.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 5. Contract Review, Approval, and Termination. › Sec. 43.82.435. Legislative authorization.

The governor may transmit a contract developed under this chapter to the legislature together with a request for authorization to execute the contract. A contract developed under this chapter is not binding upon or enforceable against the state or other parties to the contract unless the governor is authorized to execute the contract by law. The state and the other parties to the contract may execute the contract within 60 days after the effective date of the law authorizing the contract.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 5. Contract Review, Approval, and Termination. › Sec. 43.82.440. Judicial review.

A person may not bring an action challenging the constitutionality of a law authorizing a contract enacted under AS 43.82.435 or the enforceability of a contract executed under a law authorizing a contract enacted under AS 43.82.435 unless the action is commenced within 120 days after the date that the contract was executed by the state and the other parties to the contract.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 5. Contract Review, Approval, and Termination. › Sec. 43.82.445. Administrative termination of a contract.

(a) The commissioner shall include terms in a contract developed under AS 43.82.020 that provide for administrative termination of a party's rights under the procedures and conditions set out in this section if the party has
(1) ceased to meet the requirements of AS 43.82.110 as a qualified sponsor or qualified sponsor group;
(2) intentionally or fraudulently misrepresented, in whole or in part, material facts or circumstances upon which the contract was made;
(3) failed to comply with a condition or material term of the contract or a provision of this chapter; or
(4) failed to comply with the approved qualified project plan or any updated project plan.
(b) Before administrative termination of a contract under this section, the commissioner shall give notice to the parties of the commissioner's intent to terminate the contract and an opportunity to be heard. The commissioner may also provide the parties an opportunity to cure any deficiency that is the basis for the termination if the commissioner determines that curing the deficiency is appropriate under the circumstances.
(c) Notwithstanding (a) and (b) of this section, the commissioner may not administratively terminate a contract after the party has committed full project funding except as provided in (e) of this section.
(d) A party to a contract who is affected by the commissioner's action to terminate under (a) of this section may file an appeal with the superior court under the Alaska Rules of Appellate Procedure.
(e) The commissioner may provide terms and conditions in a contract developed under AS 43.82.020 upon which a party's rights under the contract may be administratively terminated after the party commits full project funding.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 6. Municipal Participation. › Sec. 43.82.500. Obligation to share payments with municipalities.

If the commissioner develops a contract under AS 43.82.020 that includes terms that exempt a party to the contract, and the property, gas, products, and activities associated with the approved qualified project that is subject to the contract, from a municipal tax or assessment in accordance with AS 29.45.810 or AS 29.46.010(b), or AS 43.82.200 and 43.82.210, the commissioner shall include a term in the contract that the party pay a portion of the periodic payments due under the contract to the revenue-affected municipality.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 6. Municipal Participation. › Sec. 43.82.505. Payments to economically affected municipalities.

If the commissioner executes a contract under AS 43.82.020 that will produce one or more economically affected municipalities, the commissioner shall include a term in the contract that provides for a portion of the periodic payments to the economically affected municipalities under the principles in AS 43.82.520.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 6. Municipal Participation. › Sec. 43.82.510. Municipal advisory group.

(a) If the commissioner approves an application and proposed project plan under AS 43.82.140 and decides to develop a contract under AS 43.82.020 and 43.82.200, the commissioner shall notify each revenue-affected municipality and economically affected municipality.
(b) The mayor of a municipality notified by the commissioner under (a) of this section may appoint one representative to a municipal advisory group in relation to the application.
(c) Each municipal advisory group serves until a final action is taken on the application for which the group was appointed.
(d) Each municipal advisory group shall elect a chair.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 6. Municipal Participation. › Sec. 43.82.520. Duties of the commissioner of revenue in relation to municipal participation.

(a) The commissioner shall meet with each municipal advisory group periodically to report on the development of the contract provisions that affect the municipalities.
(b) In developing a contract under AS 43.82.200 - 43.82.270, the commissioner shall ensure that each revenue-affected municipality and economically affected municipality receives a fair and reasonable share of the payments provided under AS 43.82.210 in accordance with the following principles:
(1) the share of the payments to revenue-affected municipalities should be given priority over payments to economically affected municipalities with due regard to the anticipated size of the tax base that the contract would exempt from municipal taxation by revenue-affected municipalities;
(2) the share of the payments to municipalities should be determined with due regard to the anticipated economic and social burdens that would be imposed on the municipality by construction and operation of the project;
(3) the respective shares of the total payments to the state and to municipalities should be fixed in a manner to ensure that their respective interests are aligned;
(4) to the extent practicable, the periodic amounts paid to each of the municipalities should be stable and predictable; and
(5) to the extent practicable, the provisions for sharing payments with municipalities should be consistent with the principles established in AS 43.82.210(b).
(c) In establishing the municipal shares under (b) of this section, the commissioner shall consult with the pertinent municipal advisory group.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 7. Miscellaneous Provisions. › Sec. 43.82.620. Procedures for collection of amounts due; security.

(a) The commissioner may adopt procedures for the collection of amounts due the state under a contract developed under AS 43.82.020, including the collection of interest and penalties.
(b) The commissioner may require a party to a contract developed under AS 43.82.020 to provide security sufficient to guarantee amounts due under the contract.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 7. Miscellaneous Provisions. › Sec. 43.82.630. Reports and audits.

The commissioner may require periodic reports from and may at reasonable intervals conduct audits and inspect the books of a party that has entered into a contract developed under AS 43.82.020 to ensure compliance with the provisions of this chapter and the regulations adopted under this chapter and of the terms of the contract.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 7. Miscellaneous Provisions. › Sec. 43.82.640. Annual report of the commissioner of labor and workforce development.

On an annual basis, the commissioner of labor and workforce development shall prepare and present to the legislature a comprehensive report on each party to a contract with the state developed under AS 43.82.020, and its contractors, regarding the state residency of the employees working in this state on the approved qualified project that is subject to the contract. The commissioner of labor and workforce development shall use state data bases, including data from the quarterly reports by a party to the contract developed under AS 43.82.020 and its contractors for unemployment insurance purposes, to determine state residency of employees regarding compliance with AS 43.82.230.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 82. Alaska Stranded Gas Development Act › Article 8. General Provisions. › Sec. 43.82.900. Definitions.

In this chapter, unless the context requires otherwise,
(1) “affected municipality” means an economically affected municipality or a revenue-affected municipality;
(2) “commencement of commercial operations” means the start of regular deliveries of marketable products from an approved qualified project;
(3) “cubic foot of gas” means the quantity of gas contained in a volume of one cubic foot at a standard temperature of 60 degrees Fahrenheit and a standard absolute pressure of 14.65 pounds per square inch;
(4) “economic proximity” means the distance within which a person may be willing to design, construct, and operate a gas line to provide service to a local consumer;
(5) “economic rent” means the estimated total gross revenue less estimated total costs for a qualified project over the term of a contract under AS 43.82.020, measured in undiscounted nominal dollars; for purposes of this paragraph, total costs do not include a rate of return on capital, financing costs, or any payments to governments;
(6) “economically affected municipality” means a municipality the commissioner of revenue determines will be reasonably required to provide additional public services under the terms proposed in an application approved under AS 43.82.140(a); the commissioner may consider historical data from construction of the Trans Alaska Pipeline System, and information submitted by a municipality in making the determination;
(7) “full project funding” means full approval by a party to a contract under AS 43.82.020 for the expenditure of the capital necessary for construction and operation of the approved qualified project that is subject to the contract;
(8) “gas” has the meaning given in AS 43.55.900;
(9) “group” means two or more persons;
(10) “lease or property” has the meaning given in AS 43.55.900;
(11) “periodic payment” means payment made in lieu of one or more other taxes under a contract under AS 43.82.020;
(12) “revenue-affected municipality” means a municipality that the commissioner of revenue reliably expects will be restricted from imposing a tax, or a portion of a tax, as a result of implementation of a contract developed under this chapter;
(13) “stranded gas” means gas that is not being marketed due to prevailing costs or price conditions as determined by an economic analysis by the commissioner for a particular project.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 1. Inducement to Construction of a Natural Gas Pipeline in This State. › Sec. 43.90.010. Purpose.

The purpose of this chapter is to encourage expedited construction of a natural gas pipeline that
(1) facilitates commercialization of North Slope gas resources in the state;
(2) promotes exploration and development of oil and gas resources on the North Slope in the state;
(3) maximizes benefits to the people of the state from the development of oil and gas resources in the state; and
(4) encourages oil and gas lessees and other persons to commit to ship natural gas from the North Slope to a gas pipeline system for transportation to markets in this state or elsewhere.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.100. Gas project.

(a) The commissioners may award an Alaska Gasline Inducement Act license as provided in this chapter. The person awarded a license under this chapter is entitled to the inducement set out in AS 43.90.110.
(b) Nothing in this chapter precludes a person from pursuing a gas pipeline independently from this chapter.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.110. Natural gas pipeline project construction inducement.

(a) Subject to the limitations of this chapter, a license issued under this chapter entitles the licensee or its designated affiliate to receive
(1) subject to appropriation, state matching contributions in the form of reimbursements in a total amount not to exceed $500,000,000, paid to the licensee during the seven-year period immediately following the date the license is awarded; the payment period may be extended by the commissioners under an amendment or modification of the project plan under AS 43.90.210; a payment under this paragraph shall be made according to the following:
(A) on or before the close of the first binding open season, the state shall reimburse the licensee's qualified expenditures at the level specified in the license; however, the state's reimbursements may not exceed 50 percent of the qualified expenditures incurred before the close of the first binding open season;
(B) after the close of the first binding open season, the state shall reimburse the licensee's qualified expenditures at the level specified in the license; however, the state's reimbursements may not exceed 90 percent of the qualified expenditures incurred after the close of the first binding open season;
(C) a qualified expenditure is a cost that is incurred after the license is issued under this chapter by the licensee or the licensee's designated affiliate, and is directly and reasonably related to pursuing firm transportation commitments in a binding open season, to securing financing for the project, or to obtaining a certificate of public convenience and necessity from the Federal Energy Regulatory Commission or the Regulatory Commission of Alaska, as appropriate, or satisfying a requirement of an agency with jurisdiction over the project; in this subparagraph, “qualified expenditures” does not include overhead costs, lobbying costs, litigation costs, the cost of an asset or work product acquired or developed by the licensee before the license is issued, or civil or criminal penalties or fines; and
(2) the benefit of an Alaska Gasline Inducement Act coordinator who has the authority prescribed in AS 43.90.250.
(b) The commissioner of revenue in consultation with the commissioner of natural resources shall adopt regulations for determining whether an expenditure is a qualified expenditure for the purposes of (a) of this section.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.120. Request for applications for the license.

(a) The commissioners shall commence a public process to request applications for a license under this chapter as soon as practicable after June 8, 2007.
(b) The commissioners may use independent contractors to assist them in developing the request for applications and in evaluating applications received under this chapter.
(c) The provisions of AS 36.30 do not apply to requests for applications under this chapter.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.140. Initial application review; additional information requests; complete applications.

(a) After the deadline established by the commissioners for filing an application has passed, the commissioners shall open and review each application to determine whether it is consistent with the terms of the request for applications and meets the requirements of AS 43.90.130. The commissioners shall reject as incomplete an application that does not meet the requirements of AS 43.90.130.
(b) To evaluate whether an application should be rejected under (a) of this section, the commissioners may request additional information relating to the application.
(c) If, within the time specified by the commissioners, the applicant fails to provide the additional information requested under (b) of this section, or submits additional information that is not responsive, the application shall be rejected.
(d) For an application not rejected under this section, the commissioners shall make a determination that the application, including any requested additional information, is complete.
(e) Except as provided under AS 43.90.150, and after determining which applications are complete, the commissioners shall make all applications available to the legislature.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.150. Proprietary information and trade secrets.

(a) At the request of the applicant, information submitted under this chapter that the applicant identifies and demonstrates is proprietary or is a trade secret is confidential and not subject to public disclosure under AS 40.25. After a license is awarded, all information submitted by the licensee, retained under this chapter, and not determined by the commissioners to be a proprietary or trade secret shall be made public.
(b) If the commissioners determine that the information submitted by the applicant is not proprietary or is not a trade secret, the commissioners shall notify the applicant and return the information at the request of the applicant.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.160. Notice, review, and comment.

(a) The commissioners shall publish notice and provide a 60-day period for public review and comment on all applications determined complete under AS 43.90.140. Except as provided under AS 43.90.150, all applications filed under this chapter shall be made public, including applications rejected as incomplete under AS 43.90.140.
(b) Applications received under this chapter are not subject to public disclosure under AS 40.25.100 - 40.25.295 until the commissioners publish notice under this section. However, information that the commissioners have determined is proprietary or a trade secret under AS 43.90.150 may not be made public even after the notice is published under (a) of this section, except as otherwise provided in AS 43.90.150. If information is proprietary or a trade secret and is held confidential under AS 43.90.150, the applicant shall provide a summary of the confidential information that is satisfactory to the commissioners, and the commissioners shall make the summary of the information available to the public.
(c) After the commissioners determine that the applications are complete under AS 43.90.140, information provided by an applicant to the commissioners under this chapter, including information determined by the commissioners to be confidential under AS 43.90.150, shall be disclosed to the legislative auditor, the fiscal analyst who serves as head of the legislative finance division, members of the legislature, and their respective agents and contractors, on request and after the individual making the request signs a confidentiality agreement prepared by the commissioners.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.170. Application evaluation and ranking.

(a) The commissioners shall evaluate all applications determined to be complete under AS 43.90.140, consider public comments received under AS 43.90.160(a), and rank each application according to the net present value of the anticipated cash flow to the state from the applicant's project proposal using the factors in (b) of this section and weighted by the project's likelihood of success based on the commissioners' assessment of the factors listed in (c) of this section.
(b) When evaluating the net present value of anticipated cash flow to the state from the applicant's project proposal, the commissioners shall use an undiscounted value and, at a minimum, discount rates of two, five, six, and eight percent, and consider
(1) how quickly the applicant proposes to begin construction of the proposed project and how quickly the project will commence commercial operation;
(2) the net back value of the gas determined by the destination market value of the gas and estimated transportation and treatment costs;
(3) the ability of the applicant to prevent or reduce project cost overruns that would increase the tariff;
(4) the initial design capacity of the applicant's project and the extent to which the design can accommodate low-cost expansion;
(5) the amount of the reimbursement by the state under AS 43.90.110(a)(1)(A) and (B) proposed by the applicant under AS 43.90.130(9);
(6) economic value resulting from payments required to be made to the state under the terms of the proposal; and
(7) other factors found by the commissioners to be relevant to the evaluation of the net present value of the anticipated cash flow to the state.
(c) When evaluating the project's likelihood of success, the commissioners shall consider
(1) the reasonableness, specificity, and feasibility of the applicant's work plan, timeline, and budget required to be submitted under AS 43.90.130, including the applicant's plan to manage cost overruns, insulate shippers from the effect of cost overruns, and encourage shippers to participate in the first binding open season;
(2) the financial resources of the applicant;
(3) the ability of the applicant to comply with the proposed performance schedule;
(4) the applicant's organization, experience, accounting and operational controls, technical skills or the ability to obtain them, and necessary equipment or the ability to obtain the necessary equipment;
(5) the applicant's record of
(A) performance on projects not licensed under this chapter;
(B) integrity and good business ethics; and
(6) other evidence and factors found by the commissioners to be relevant to the evaluation of the project's likelihood of success.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.180. Notice to the legislature of intent to issue license; denial of license.

(a) If, after consideration of public comments received under AS 43.90.160(a) and evaluation of complete applications under AS 43.90.170, the commissioners determine that an application proposes a project that will sufficiently maximize the benefits to the people of this state and merits issuance of a license under this chapter, the commissioners shall
(1) issue a determination, with written findings addressing the basis for the determination; the determination becomes a final agency action on the effective date of a bill approving the issuance of the license under AS 43.90.190;
(2) publish notice of intent to issue a license under this chapter with written findings addressing the basis for the determination; and
(3) forward the notice under (2) of this subsection, along with the findings, supporting documentation, and determination under (1) of this subsection, to the presiding officer of each house of the legislature for action as provided in AS 43.90.190.
(b) If, after evaluation of complete applications under AS 43.90.170, the commissioners determine that no application sufficiently maximizes the benefits to the people of this state and merits issuance of a license under this chapter, the commissioners shall issue a written finding that addresses the basis for that determination.
(c) The commissioners' determination under (b) of this section is a final agency action.
2023 Alaska Statutes › Title 43. Revenue and Taxation › Chapter 90. Alaska Gasline Inducement Act › Article 2. Alaska Gasline Inducement Act License. › Sec. 43.90.190. Legislative approval; issuance of license.

(a) After the presiding officer of each house of the legislature receives a determination from the commissioners under AS 43.90.180, the rules committee of each house of the legislature shall introduce a bill in the committee's respective chamber that provides for the approval of the license proposed to be issued by the commissioners.
(b) If a bill approving the issuance of the license passes the legislature within 60 days after the last date a presiding officer receives a determination by the commissioners under AS 43.90.180, the commissioners shall issue the license as soon as practicable after the effective date of the Act approving the issuance of the license.
(c) Notwithstanding a legislative rule that prohibits the carryover of a bill after the end of a special session or after the end of a regular session of a legislature, a bill introduced under (a) of this section that is not passed or not withdrawn, defeated, vetoed, or indefinitely postponed shall be carried over to any subsequent regular or special legislative session convened during the 60-day period described in (b) of this section in the same reading or status it was in at the time of adjournment. However, a bill introduced under (a) of this section may not be carried over to the first regular session of a legislature.
(d) If the legislature fails to approve the issuance of the license, the commissioners
(1) may not issue the license that the legislature failed to approve; and
(2) may request new applications for a license under AS 43.90.120.