Title 43 — Revenue and Taxation
36 chapters · 668 sections in this title.
AS 43.82.010 Purpose.
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The purpose of this chapter is to (1) encourage new investment to develop the state's stranded gas resources by authorizing establishment of fiscal terms related to that new investment without significantly altering tax and royalty methodologies and rates on existing oil and gas …
AS 43.82.020 Contracts for payments in lieu of other taxes and for royalty adjustments.
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Article 2. Qualification and Application Procedures. The commissioner may, under this chapter, negotiate terms for inclusion in a proposed contract with a qualified sponsor or qualified sponsor group providing for (1) periodic payment in lieu of one or more taxes that otherwise w…
AS 43.82.100 Qualified project.
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Based on information available to the commissioner, the commissioner may determine that a proposal for new investment is a qualified project under this chapter if the project (1) principally involves (A) the transportation of natural gas by pipeline to one or more markets, togeth…
AS 43.82.110 Qualified sponsor or qualified sponsor group.
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The commissioner may determine that a person or group is a qualified sponsor or qualified sponsor group if the person or a member of the group (1) intends to own an equity interest in a qualified project, intends to commit gas that it owns to a qualified project, or holds the per…
AS 43.82.120 Applications.
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(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 con…
AS 43.82.130 Qualified project plan.
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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…
AS 43.82.140 Review of applications and determination of qualifications.
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(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 …
AS 43.82.150 Actions challenging determinations on applications.
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(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 …
AS 43.82.160 Multiple applications for similar or competing qualified projects.
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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 resourc…
AS 43.82.170 Application deadline.
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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.
AS 43.82.180 Withdrawal of applications.
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Article 3. Contract Development. 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 withdr…
AS 43.82.200 Contract development.
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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 43.82.22…
AS 43.82.210 Contract terms relating to payment in lieu of one or more taxes.
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(a) If the commissioner approves an application and proposed project plan under AS 43.82.140, the commissioner may develop proposed terms for inclusion in a contract under AS 43.82.020 for periodic payment in lieu of one or more of the following taxes that otherwise would be impo…
AS 43.82.220 Contract terms relating to royalty.
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(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…
AS 43.82.230 Contract terms relating to hiring of Alaska residents and contracting with Alaska businesses.
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(a) The commissioner shall include in a contract under AS 43.82.020 a term requiring the qualified sponsor or qualified sponsor group and contractors of the qualified sponsor or qualified sponsor group to comply with all valid federal, state, and municipal laws relating to hiring…
AS 43.82.240 Use of an independent contractor.
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(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 reimb…
AS 43.82.250 Term of contract; effective date.
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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 qualifi…
AS 43.82.260 Change of parties to an application or a contract; assignment of interests.
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(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 requirement…
AS 43.82.270 Project plans and work commitments.
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Article 4. Requests for Information; Confidentiality; Disclosure of Information. 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 ope…
AS 43.82.300 Requests for information.
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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 und…
AS 43.82.310 Disclosure of information; confidentiality.
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Article 5. Contract Review, Approval, and Termination. (a) An applicant may request confidential treatment of information that the applicant provides under AS 43.82.300 by clearly identifying the information and the reasons supporting the request for confidential treatment. The c…
AS 43.82.400 Preliminary findings and determination regarding the contract.
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(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 chapt…
AS 43.82.410 Notice and comment regarding the contract.
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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 …
AS 43.82.420 Coordination of public and legislative review.
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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).
AS 43.82.430 Final findings, determination, and proposed amendments; execution of the contract.
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(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 consultati…
AS 43.82.435 Legislative authorization.
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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 un…
AS 43.82.440 Judicial review.
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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 …
AS 43.82.445 Administrative termination of a contract.
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Article 6. Municipal Participation. (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 …
AS 43.82.500 Obligation to share payments with municipalities.
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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 i…
AS 43.82.505 Payments to economically affected municipalities.
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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 un…
AS 43.82.510 Municipal advisory group.
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(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 …
AS 43.82.520 Duties of the commissioner of revenue in relation to municipal participation.
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Article 7. Miscellaneous Provisions. (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 commission…
AS 43.82.600 Governing law.
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If a provision of this chapter conflicts with another provision of state or municipal law, the provision of this chapter governs.
AS 43.82.610 Regulations.
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The commissioner of revenue, the commissioner of natural resources, and the commissioner of labor and workforce development may adopt regulations to carry out their respective duties under this chapter.
AS 43.82.620 Procedures for collection of amounts due; security.
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(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 …
AS 43.82.630 Reports and audits.
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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 un…
AS 43.82.640 Annual report of the commissioner of labor and workforce development.
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Article 8. General Provisions. 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 s…
AS 43.82.900 Definitions.
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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 app…
AS 43.82.990 Short title.
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This chapter may be cited as the Alaska Stranded Gas Development Act.