Section 38.06.070. Criteria.

   (a) In the exercise of its powers under AS 38.06.040(a) and 38.06.050 the board shall consider
        (1) the revenue needs and projected fiscal condition of the state;
        (2) the existence and extent of present and projected local and regional needs for oil and gas products and by-products, the effect of state or federal commodity allocation requirements which might be applicable to those products and by-products, and the priorities among competing needs;
        (3) the desirability of localized capital investment, increased payroll, secondary development and other possible effects of the sale, exchange, or other disposition of oil and gas or both;
        (4) the projected social impacts of the transaction;
        (5) the projected additional costs and responsibilities which could be imposed upon the state and affected political subdivisions by development related to the transaction;
        (6) the existence of specific local or regional labor or consumption markets or both which should be met by the transaction;
        (7) the projected positive and negative environmental effects related to the transaction; and
        (8) the projected effects of the proposed transaction upon existing private commercial enterprise and patterns of investments.
   (b) When it is economically feasible and in the public interest, the board may recommend to the commissioner of natural resources, as a condition of the sale of oil or gas obtained by the state as royalty, that
        (1) the oil or gas be refined or processed in the state;
        (2) the purchaser be a refiner who supplies products to the Alaska market with price or supply benefits to state citizens; or
        (3) the purchaser construct a processing or refining facility in the state.
   (c) The board shall make a full report to the legislature on each criterion specified in (a) or (b) of this section for any disposition of royalty oil or gas that requires legislative approval. The board's report shall be submitted for legislative review at the time a bill for legislative approval of a proposed disposition of royalty oil or gas is introduced in the legislature.

Authorities

38.05.183;38.06.040

Notes

Implemented As

11 AAC 03.060
11 AAC 26.051
11 AAC 26.120
11 AAC 26.200
11 AAC 26.210
11 AAC 26.220

References

11 AAC 26.051
11 AAC 26.200
AS 38.05.183 Sale of royalty.
AS 38.06.040 Powers and duties of the board.

History

(Sec. 2 ch 9 SSSLA 1974; am Sec. 2 ch 131 SLA 1978; am Sec. 7 ch 112 SLA 1980; am Sec. 103 ch 6 SLA 1984; am Sec. 44 ch 21 SLA 1991)