Title 43 — Revenue and Taxation
36 chapters · 668 sections in this title.
AS 43.90.010 Purpose.
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Article 2. Alaska Gasline Inducement Act License. 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…
AS 43.90.100 Gas project.
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(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…
AS 43.90.110 Natural gas pipeline project construction inducement.
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(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, …
AS 43.90.120 Request for applications for the license.
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(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 evaluat…
AS 43.90.130 Application requirements.
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An application for a license must be consistent with the terms of the request for applications under AS 43.90.120 and must (1) be filed by the deadline established by the commissioners in the request for applications; (2) provide a thorough description of a proposed natural gas p…
AS 43.90.140 Initial application review; additional information requests; complete applications.
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(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. …
AS 43.90.150 Proprietary information and trade secrets.
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(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 submit…
AS 43.90.160 Notice, review, and comment.
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(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 applic…
AS 43.90.170 Application evaluation and ranking.
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(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…
AS 43.90.180 Notice to the legislature of intent to issue license; denial of license.
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(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 an…
AS 43.90.190 Legislative approval; issuance of license.
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(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…
AS 43.90.200 Certification by regulatory authority and project sanction.
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(a) A licensee that is awarded a certificate of public convenience and necessity from a regulatory agency with jurisdiction over the project shall accept the certificate on or before the date the order granting the certificate is no longer subject to judicial review. (b) If the l…
AS 43.90.210 Amendment of or modification to the project plan.
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Subject to the approval of the commissioners, a licensee may amend or modify its project plan if the amendment or modification improves the net present value of the project to the state, is necessary because of an order or requirement by a regulatory agency with jurisdiction over…
AS 43.90.220 Records, reports, conditions, and audit requirements.
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(a) A licensee shall maintain complete and accurate records of all expenditures and commitments of state money received under this chapter, including receipts and records showing the payment or cost of purchased items and services, the names and addresses of the sellers and servi…
AS 43.90.230 License violations; damages.
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(a) A licensee is in violation of the license if the commissioners determine that the licensee has (1) requested and received money from the state under this chapter for an expenditure that is not a qualified expenditure under AS 43.90.110; (2) except as required to conform with …
AS 43.90.240 Abandonment of project.
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(a) If the commissioners and the licensee agree that the project is uneconomic, the project shall be abandoned, the inducement provided for in AS 43.90.110 shall be terminated, and, except for requirements imposed on the licensee under (e) of this section and AS 43.90.220, the st…
AS 43.90.250 Alaska Gasline Inducement Act coordinator.
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(a) There is created in the Office of the Governor the position of Alaska Gasline Inducement Act coordinator. Administrative support for the position shall be provided by the Office of the Governor. The position shall continue until one year after commencement of commercial opera…
AS 43.90.260 Expedited review and action by state agencies.
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Article 3. Resource Inducements. (a) A review conducted and action taken by a state agency relating to the project shall be expedited in a manner consistent with the completion of the necessary approvals in accordance with this chapter. (b) Notwithstanding any contrary provision …
AS 43.90.300 Qualification for resource inducements.
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(a) Notwithstanding any contrary provision of law, a lessee or other person that demonstrates to the satisfaction of the commissioners that the person has committed to acquire firm transportation capacity in the first binding open season of the project is qualified to receive the…
AS 43.90.310 Royalty inducement.
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(a) Before the start of the first binding open season to be conducted by the licensee, the commissioner of natural resources shall adopt regulations that establish a method to determine the monthly value of the state's royalty share of gas production and establish terms under whi…
AS 43.90.320 Gas production tax exemption.
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(a) If a person qualified for a resource inducement under AS 43.90.300 agrees under (c) of this section, the person is entitled to an annual exemption from the state's gas production tax in an amount equal to the difference between the amount of the person's gas production tax ob…
AS 43.90.330 Inducement vouchers.
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Article 4. Miscellaneous Provisions. (a) A person that acquires firm transportation capacity in the first binding open season of the project, that does not hold an oil and gas lease on the North Slope, and that is not an affiliate of a person that holds an oil and gas lease on th…
AS 43.90.400 Alaska Gasline Inducement Act reimbursement fund; disbursements; audits.
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(a) There is established in the general fund an Alaska Gasline Inducement Act reimbursement fund. The fund consists of money appropriated to it by the legislature for disbursement to pay the state's reimbursements under AS 43.90.110. Money appropriated to the fund may be spent fo…
AS 43.90.410 Regulations.
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The commissioners may jointly adopt or amend regulations for the purpose of implementing the provisions of this chapter. The commissioner of revenue and the commissioner of natural resources may adopt or amend regulations adopted under authority outside of this chapter as necessa…
AS 43.90.420 Statute of limitations.
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A person may not bring a judicial action challenging the constitutionality of this chapter or the constitutionality of a license issued under this chapter unless the action is commenced in a court of the state of competent jurisdiction within 90 days after the date that a license…
AS 43.90.430 Interest.
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When a payment due to the state under this chapter becomes delinquent, the payment bears interest at the rate applicable to a delinquent tax under AS 43.05.225.
AS 43.90.440 Licensed project assurances.
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(a) Except as otherwise provided in this chapter, the state grants a licensee assurances that the licensee has exclusive enjoyment of the inducements provided under this chapter before the commencement of commercial operations. If, before the commencement of commercial operations…
AS 43.90.450 Assignments.
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(a) A licensee may transfer all or part of the license, including the rights and obligations arising under the license, if, after publishing notice of the proposed transfer, providing notice to the presiding officer of each house of the legislature, and providing a period of not …
AS 43.90.460 Conflicting laws.
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Nothing in this chapter shall be construed to repeal or abrogate the administrative, regulatory, or statutory procedures and functions of state and federal law governing the development and oversight of a project.
AS 43.90.470 State pipeline employment development.
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Article 5. General Provisions. The commissioner of labor and workforce development shall develop a job training program that will provide training for Alaskans in gas pipeline project management, construction, operations, maintenance, and other gas pipeline-related positions.
AS 43.90.900 Definitions.
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In this chapter, unless the context otherwise requires, (1) “affiliate” means another person that controls, is controlled by, or is under common control with a person, and includes a division that operates as a functional unit; (2) “Alaska Gasline Inducement Act coordinator” or “…
AS 43.90.990 Short title.
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This chapter may be cited as the Alaska Gasline Inducement Act.