26 | | - | "An Act relating to the Alaska Industrial Development and Export Authority; relating 1 |
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27 | | - | to state loans for oil and gas development projects in the Cook Inlet sedimentary basin; 2 |
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28 | | - | and relating to workforce housing development projects." 3 |
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29 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 |
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30 | | - | * Section 1. AS 42.05.141 is amended by adding a new subsection to read: 5 |
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31 | | - | (g) The commission shall, as required under AS 44.88.850(b), determine 6 |
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32 | | - | whether the sale price in a gas sales agreement for gas produced through a project 7 |
---|
33 | | - | partially or fully funded by a loan under AS 44.88.850 constitutes a just and 8 |
---|
34 | | - | reasonable immediate delivery price for gas. 9 |
---|
35 | | - | * Sec. 2. AS 44.25.020 is amended to read: 10 |
---|
36 | | - | Sec. 44.25.020. Duties of department. The Department of Revenue shall 11 |
---|
37 | | - | (1) enforce the tax laws of the state; 12 |
---|
38 | | - | (2) collect, account for, have custody of, invest, and manage all state 13 |
---|
39 | | - | funds and all revenues of the state except revenues incidental to a program of licensing 14 33-LS1072\R |
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40 | | - | HCS SB 239(L&C) -2- SB0239b |
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| 27 | + | "An Act relating to the Alaska Industrial Development and Export Authority; and 1 |
---|
| 28 | + | relating to workforce housing development projects." 2 |
---|
| 29 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
---|
| 30 | + | * Section 1. AS 44.88.070 is amended to read: 4 |
---|
| 31 | + | Sec. 44.88.070. Purpose of the authority. The purpose of the authority is to 5 |
---|
| 32 | + | promote, develop, and advance the general prosperity and economic welfare of the 6 |
---|
| 33 | + | people of the state, to relieve problems of unemployment, and to create additional 7 |
---|
| 34 | + | employment by 8 |
---|
| 35 | + | (1) providing various means of financing and means of facilitating the 9 |
---|
| 36 | + | financing, in cooperation with federal, state, and private institutions, of industrial, 10 |
---|
| 37 | + | manufacturing, energy, export, small business, and business enterprises and the other 11 |
---|
| 38 | + | facilities referred to in AS 44.88.010(a) in the state; 12 |
---|
| 39 | + | (2) owning and operating or providing development project financing 13 |
---|
| 40 | + | for the enterprises and other facilities described in AS 44.88.172; 14 33-LS1072\B |
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| 41 | + | SB 239 -2- SB0239A |
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43 | | - | and regulation carried on by another state department, funds managed and invested by 1 |
---|
44 | | - | the Alaska Retirement Management Board, and as otherwise provided by law; 2 |
---|
45 | | - | (3) invest and manage the balance of the power development fund in 3 |
---|
46 | | - | accordance with AS 44.83.386; 4 |
---|
47 | | - | (4) administer the surety bond program for licensure as a fish 5 |
---|
48 | | - | processor or primary fish buyer; 6 |
---|
49 | | - | (5) provide reasonable assistance to the Alaska Industrial 7 |
---|
50 | | - | Development and Export Authority under AS 44.88.850(c). 8 |
---|
51 | | - | * Sec. 3. AS 44.37.020 is amended by adding a new subsection to read: 9 |
---|
52 | | - | (d) The Department of Natural Resources shall provide reasonable assistance 10 |
---|
53 | | - | to the Alaska Industrial Development and Export Authority under AS 44.88.850(c). 11 |
---|
54 | | - | * Sec. 4. AS 44.88.070 is amended to read: 12 |
---|
55 | | - | Sec. 44.88.070. Purpose of the authority. The purpose of the authority is to 13 |
---|
56 | | - | promote, develop, and advance the general prosperity and economic welfare of the 14 |
---|
57 | | - | people of the state, to relieve problems of unemployment, and to create additional 15 |
---|
58 | | - | employment by 16 |
---|
59 | | - | (1) providing various means of financing and means of facilitating the 17 |
---|
60 | | - | financing, in cooperation with federal, state, and private institutions, of industrial, 18 |
---|
61 | | - | manufacturing, energy, export, small business, and business enterprises and the other 19 |
---|
62 | | - | facilities referred to in AS 44.88.010(a) in the state; 20 |
---|
63 | | - | (2) owning and operating or providing development project financing 21 |
---|
64 | | - | for the enterprises and other facilities described in AS 44.88.172; 22 |
---|
65 | | - | (3) fostering the expansion of exports of goods, services, and raw 23 |
---|
66 | | - | materials of the state; 24 |
---|
67 | | - | (4) cooperating and acting in conjunction with other organizations, 25 |
---|
68 | | - | public and private, the objects of which are the promotion and advancement of export 26 |
---|
69 | | - | trade activities in the state; 27 |
---|
70 | | - | (5) establishing a source of funding credit guarantees and insurance, 28 |
---|
71 | | - | not otherwise available, to support export development; 29 |
---|
72 | | - | (6) providing and cooperating or participating with federal, state, and 30 |
---|
73 | | - | private institutions to provide actual and potential state exporters, particularly small- 31 33-LS1072\R |
---|
74 | | - | SB0239b -3- HCS SB 239(L&C) |
---|
| 44 | + | (3) fostering the expansion of exports of goods, services, and raw 1 |
---|
| 45 | + | materials of the state; 2 |
---|
| 46 | + | (4) cooperating and acting in conjunction with other organizations, 3 |
---|
| 47 | + | public and private, the objects of which are the promotion and advancement of export 4 |
---|
| 48 | + | trade activities in the state; 5 |
---|
| 49 | + | (5) establishing a source of funding credit guarantees and insurance, 6 |
---|
| 50 | + | not otherwise available, to support export development; 7 |
---|
| 51 | + | (6) providing and cooperating or participating with federal, state, and 8 |
---|
| 52 | + | private institutions to provide actual and potential state exporters, particularly small- 9 |
---|
| 53 | + | and medium-sized exporters, with financial assistance in support of export 10 |
---|
| 54 | + | transactions; 11 |
---|
| 55 | + | (7) providing various means of financing and means of facilitating 12 |
---|
| 56 | + | the financing of construction of new workforce housing facilities containing five 13 |
---|
| 57 | + | or more dwelling units. 14 |
---|
| 58 | + | * Sec. 2. AS 44.88.080 is amended to read: 15 |
---|
| 59 | + | Sec. 44.88.080. Powers of the authority. In furtherance of its corporate 16 |
---|
| 60 | + | purposes, the authority has the following powers in addition to its other powers: 17 |
---|
| 61 | + | (1) to sue and be sued; 18 |
---|
| 62 | + | (2) to have a seal and alter it at pleasure; 19 |
---|
| 63 | + | (3) to make and alter bylaws for its organization and internal 20 |
---|
| 64 | + | management; 21 |
---|
| 65 | + | (4) to adopt regulations governing the exercise of its corporate powers; 22 |
---|
| 66 | + | (5) to acquire an interest in a project as necessary or appropriate to 23 |
---|
| 67 | + | provide financing for the project, whether by purchase, gift, or lease; 24 |
---|
| 68 | + | (6) to lease to others a project acquired by it for the rentals and upon 25 |
---|
| 69 | + | the terms and conditions the authority may consider advisable, including, without 26 |
---|
| 70 | + | limitation, provisions for options to purchase or renew; 27 |
---|
| 71 | + | (7) to issue bonds and otherwise to incur indebtedness, in accordance 28 |
---|
| 72 | + | with AS 44.88.090, in order to pay the cost of a project or development projects or in 29 |
---|
| 73 | + | order to provide money for the authority's purposes under this chapter; the authority 30 |
---|
| 74 | + | may also secure payment of the bonds or other indebtedness as provided in this 31 33-LS1072\B |
---|
| 75 | + | SB0239A -3- SB 239 |
---|
77 | | - | and medium-sized exporters, with financial assistance in support of export 1 |
---|
78 | | - | transactions; 2 |
---|
79 | | - | (7) providing various means of financing and means of facilitating 3 |
---|
80 | | - | the financing of construction of new workforce housing facilities. 4 |
---|
81 | | - | * Sec. 5. AS 44.88.080 is amended to read: 5 |
---|
82 | | - | Sec. 44.88.080. Powers of the authority. In furtherance of its corporate 6 |
---|
83 | | - | purposes, the authority has the following powers in addition to its other powers: 7 |
---|
84 | | - | (1) to sue and be sued; 8 |
---|
85 | | - | (2) to have a seal and alter it at pleasure; 9 |
---|
86 | | - | (3) to make and alter bylaws for its organization and internal 10 |
---|
87 | | - | management; 11 |
---|
88 | | - | (4) to adopt regulations governing the exercise of its corporate powers; 12 |
---|
89 | | - | (5) to acquire an interest in a project as necessary or appropriate to 13 |
---|
90 | | - | provide financing for the project, whether by purchase, gift, or lease; 14 |
---|
91 | | - | (6) to lease to others a project acquired by it for the rentals and upon 15 |
---|
92 | | - | the terms and conditions the authority may consider advisable, including, without 16 |
---|
93 | | - | limitation, provisions for options to purchase or renew; 17 |
---|
94 | | - | (7) to issue bonds and otherwise to incur indebtedness, in accordance 18 |
---|
95 | | - | with AS 44.88.090, in order to pay the cost of a project or development projects or in 19 |
---|
96 | | - | order to provide money for the authority's purposes under this chapter; the authority 20 |
---|
97 | | - | may also secure payment of the bonds or other indebtedness as provided in this 21 |
---|
98 | | - | chapter; 22 |
---|
99 | | - | (8) to sell, by installment sale or otherwise, exchange, donate, convey, 23 |
---|
100 | | - | or encumber, in any manner by mortgage or by creation of any other security interest, 24 |
---|
101 | | - | real or personal property owned by it, or in which it has an interest, including a 25 |
---|
102 | | - | project, when, in the judgment of the authority, the action is in furtherance of its 26 |
---|
103 | | - | corporate purposes; 27 |
---|
104 | | - | (9) to accept gifts, grants, or loans from, and enter into contracts or 28 |
---|
105 | | - | other transactions regarding them with, a federal agency, an agency or instrumentality 29 |
---|
106 | | - | of the state, a municipality, a private organization, or other source; 30 |
---|
107 | | - | (10) to deposit or invest its funds, subject to agreements with 31 33-LS1072\R |
---|
108 | | - | HCS SB 239(L&C) -4- SB0239b |
---|
| 78 | + | chapter; 1 |
---|
| 79 | + | (8) to sell, by installment sale or otherwise, exchange, donate, convey, 2 |
---|
| 80 | + | or encumber, in any manner by mortgage or by creation of any other security interest, 3 |
---|
| 81 | + | real or personal property owned by it, or in which it has an interest, including a 4 |
---|
| 82 | + | project, when, in the judgment of the authority, the action is in furtherance of its 5 |
---|
| 83 | + | corporate purposes; 6 |
---|
| 84 | + | (9) to accept gifts, grants, or loans from, and enter into contracts or 7 |
---|
| 85 | + | other transactions regarding them with, a federal agency, an agency or instrumentality 8 |
---|
| 86 | + | of the state, a municipality, a private organization, or other source; 9 |
---|
| 87 | + | (10) to deposit or invest its funds, subject to agreements with 10 |
---|
| 88 | + | bondholders; 11 |
---|
| 89 | + | (11) to enter into contracts or agreements with respect to the exercise 12 |
---|
| 90 | + | of any of its powers, and do all things necessary or convenient to carry out its 13 |
---|
| 91 | + | corporate purposes and exercise the powers granted in this chapter; 14 |
---|
| 92 | + | (12) to purchase or insure loans to finance the costs of manufacturing, 15 |
---|
| 93 | + | industrial, and business enterprise projects; 16 |
---|
| 94 | + | (13) to enter into loan agreements with respect to one or more projects 17 |
---|
| 95 | + | upon the terms and conditions the authority considers advisable; 18 |
---|
| 96 | + | (14) to acquire, manage, and operate projects as the authority considers 19 |
---|
| 97 | + | necessary or appropriate to serve a public purpose; 20 |
---|
| 98 | + | (15) to assist private lenders to make loans to finance the costs of 21 |
---|
| 99 | + | projects through loan commitments, short-term financing, or otherwise; 22 |
---|
| 100 | + | (16) to accept gifts, grants, or loans from a federal agency, from an 23 |
---|
| 101 | + | agency or instrumentality of the state or of a municipality, or from any other source; 24 |
---|
| 102 | + | (17) to enter into contracts or other transactions with a federal agency, 25 |
---|
| 103 | + | with an agency or instrumentality of the state or of a municipality, or with a private 26 |
---|
| 104 | + | organization or other entity consistent with the exercise of any power under this 27 |
---|
| 105 | + | chapter; 28 |
---|
| 106 | + | (18) to facilitate the expansion of a secondary market for the resale of 29 |
---|
| 107 | + | federally or commercially insured loans made to finance the cos |
---|
| 108 | + | ts of projects in the 30 |
---|
| 109 | + | state held by federal and state chartered financial institutions or by the Alaska 31 33-LS1072\B |
---|
| 110 | + | SB 239 -4- SB0239A |
---|
111 | | - | bondholders; 1 |
---|
112 | | - | (11) to enter into contracts or agreements with respect to the exercise 2 |
---|
113 | | - | of any of its powers, and do all things necessary or convenient to carry out its 3 |
---|
114 | | - | corporate purposes and exercise the powers granted in this chapter; 4 |
---|
115 | | - | (12) to purchase or insure loans to finance the costs of manufacturing, 5 |
---|
116 | | - | industrial, and business enterprise projects; 6 |
---|
117 | | - | (13) to enter into loan agreements with respect to one or more projects 7 |
---|
118 | | - | upon the terms and conditions the authority considers advisable; 8 |
---|
119 | | - | (14) to acquire, manage, and operate projects as the authority considers 9 |
---|
120 | | - | necessary or appropriate to serve a public purpose; 10 |
---|
121 | | - | (15) to assist private lenders to make loans to finance the costs of 11 |
---|
122 | | - | projects through loan commitments, short-term financing, or otherwise; 12 |
---|
123 | | - | (16) to accept gifts, grants, or loans from a federal agency, from an 13 |
---|
124 | | - | agency or instrumentality of the state or of a municipality, or from any other source; 14 |
---|
125 | | - | (17) to enter into contracts or other transactions with a federal agency, 15 |
---|
126 | | - | with an agency or instrumentality of the state or of a municipality, or with a private 16 |
---|
127 | | - | organization or other entity consistent with the exercise of any power under this 17 |
---|
128 | | - | chapter; 18 |
---|
129 | | - | (18) to facilitate the expansion of a secondary market for the resale of 19 |
---|
130 | | - | federally or commercially insured loans made to finance the costs of projects in the 20 |
---|
131 | | - | state held by federal and state chartered financial institutions or by the Alaska 21 |
---|
132 | | - | Commercial Fishing and Agriculture Bank; 22 |
---|
133 | | - | (19) to charge fees or other forms of remuneration for the use or 23 |
---|
134 | | - | possession of the projects described in (14) of this section in accordance with the 24 |
---|
135 | | - | agreements described in (11) and (17) of this section, other agreements pertaining to 25 |
---|
136 | | - | the projects, covenants, or representations made in bond documents pertaining to the 26 |
---|
137 | | - | projects, or regulations of the authority pertaining to the projects; 27 |
---|
138 | | - | (20) to participate with government or private industry in programs for 28 |
---|
139 | | - | technical assistance, loans, technology, transfer, or other programs related to the 29 |
---|
140 | | - | exportation of goods, services, or raw materials of the state with respect to its 30 |
---|
141 | | - | financing activities; 31 33-LS1072\R |
---|
142 | | - | SB0239b -5- HCS SB 239(L&C) |
---|
| 113 | + | Commercial Fishing and Agriculture Bank; 1 |
---|
| 114 | + | (19) to charge fees or other forms of remuneration for the use or 2 |
---|
| 115 | + | possession of the projects described in (14) of this section in accordance with the 3 |
---|
| 116 | + | agreements described in (11) and (17) of this section, other agreements pertaining to 4 |
---|
| 117 | + | the projects, covenants, or representations made in bond documents pertaining to the 5 |
---|
| 118 | + | projects, or regulations of the authority pertaining to the projects; 6 |
---|
| 119 | + | (20) to participate with government or private industry in programs for 7 |
---|
| 120 | + | technical assistance, loans, technology, transfer, or other programs related to the 8 |
---|
| 121 | + | exportation of goods, services, or raw materials of the state with respect to its 9 |
---|
| 122 | + | financing activities; 10 |
---|
| 123 | + | (21) to provide export finance training for office staff and other 11 |
---|
| 124 | + | individuals involved in export finance assistance, including the training sessions that 12 |
---|
| 125 | + | may be provided by the United States Export-Import Bank or other organizations; 13 |
---|
| 126 | + | (22) to coordinate to the maximum extent possible its efforts to 14 |
---|
| 127 | + | promote the export of goods, services, and raw materials of the state with programs 15 |
---|
| 128 | + | and goals of the United States Export-Import Bank, the International Trade 16 |
---|
| 129 | + | Administration of the United States Department of Commerce, the Foreign Credit 17 |
---|
| 130 | + | Insurance Association, and other private and public programs designed to provide 18 |
---|
| 131 | + | export assistance and export-related financing; 19 |
---|
| 132 | + | (23) to guarantee loans related to qualified export transactions under 20 |
---|
| 133 | + | regulations adopted by the authority; 21 |
---|
| 134 | + | (24) to provide financing assistance, in cooperation with federal, state, 22 |
---|
| 135 | + | and private institutions, as provided in this chapter for small business enterprises; 23 |
---|
| 136 | + | (25) to make cooperative agreements with the Department of 24 |
---|
| 137 | + | Transportation and Public Facilities, acting on behalf of the international airports 25 |
---|
| 138 | + | revenue fund established under AS 37.15.430, to acquire, equip, operate, maintain, 26 |
---|
| 139 | + | construct, or install facilities that will enhance the competitiveness of the international 27 |
---|
| 140 | + | airports, including a cooperative agreement to lend amounts from the international 28 |
---|
| 141 | + | airports revenue fund to finance the development or improvement of utilities serving 29 |
---|
| 142 | + | the airports; 30 |
---|
| 143 | + | (26) to screen potential applicants for a new business incenti |
---|
| 144 | + | ve grant 31 33-LS1072\B |
---|
| 145 | + | SB0239A -5- SB 239 |
---|
145 | | - | (21) to provide export finance training for office staff and other 1 |
---|
146 | | - | individuals involved in export finance assistance, including the training sessions that 2 |
---|
147 | | - | may be provided by the United States Export-Import Bank or other organizations; 3 |
---|
148 | | - | (22) to coordinate to the maximum extent possible its efforts to 4 |
---|
149 | | - | promote the export of goods, services, and raw materials of the state with programs 5 |
---|
150 | | - | and goals of the United States Export-Import Bank, the International Trade 6 |
---|
151 | | - | Administration of the United States Department of Commerce, the Foreign Credit 7 |
---|
152 | | - | Insurance Association, and other private and public programs designed to provide 8 |
---|
153 | | - | export assistance and export-related financing; 9 |
---|
154 | | - | (23) to guarantee loans related to qualified export transactions under 10 |
---|
155 | | - | regulations adopted by the authority; 11 |
---|
156 | | - | (24) to provide financing assistance, in cooperation with federal, state, 12 |
---|
157 | | - | and private institutions, as provided in this chapter for small business enterprises; 13 |
---|
158 | | - | (25) to make cooperative agreements with the Department of 14 |
---|
159 | | - | Transportation and Public Facilities, acting on behalf of the international airports 15 |
---|
160 | | - | revenue fund established under AS 37.15.430, to acquire, equip, operate, maintain, 16 |
---|
161 | | - | construct, or install facilities that will enhance the competitiveness of the international 17 |
---|
162 | | - | airports, including a cooperative agreement to lend amounts from the international 18 |
---|
163 | | - | airports revenue fund to finance the development or improvement of utilities serving 19 |
---|
164 | | - | the airports; 20 |
---|
165 | | - | (26) to screen potential applicants for a new business incentive grant 21 |
---|
166 | | - | and recommend the award of the grants under AS 45.81.020; 22 |
---|
167 | | - | (27) to oversee the administration of outstanding grants awarded by the 23 |
---|
168 | | - | Alaska Science and Technology Foundation under former AS 37.17.010 - 37.17.110; 24 |
---|
169 | | - | (28) to oversee the administration of outstanding BIDCO assistance 25 |
---|
170 | | - | grants and loans made by the Alaska Science and Technology Foundation under 26 |
---|
171 | | - | former AS 37.17.200 - 37.17.390; 27 |
---|
172 | | - | (29) to guarantee loans made to the Alaska Insurance Guaranty 28 |
---|
173 | | - | Association (AS 21.80.040), with these guarantees limited to loans necessary to make 29 |
---|
174 | | - | the association financially able to meet cash flow needs up to a maximum outstanding 30 |
---|
175 | | - | principal balance at any time of $30,000,000; |
---|
176 | | - | 31 33-LS1072\R |
---|
177 | | - | HCS SB 239(L&C) -6- SB0239b |
---|
| 148 | + | and recommend the award of the grants under AS 45.81.020; 1 |
---|
| 149 | + | (27) to oversee the administration of outstanding grants awarded by the 2 |
---|
| 150 | + | Alaska Science and Technology Foundation under former AS 37.17.010 - 37.17.110; 3 |
---|
| 151 | + | (28) to oversee the administration of outstanding BIDCO assistance 4 |
---|
| 152 | + | grants and loans made by the Alaska Science and Technology Foundation under 5 |
---|
| 153 | + | former AS 37.17.200 - 37.17.390; 6 |
---|
| 154 | + | (29) to guarantee loans made to the Alaska Insurance Guaranty 7 |
---|
| 155 | + | Association (AS 21.80.040), with these guarantees limited to loans necessary to make 8 |
---|
| 156 | + | the association financially able to meet cash flow needs up to a maximum outstanding 9 |
---|
| 157 | + | principal balance at any time of $30,000,000; 10 |
---|
| 158 | + | (30) with legislative approval and notwithstanding AS 44.88.060, to 11 |
---|
| 159 | + | purchase from the Alaska Energy Authority as an investment of the revolving fund, 12 |
---|
| 160 | + | loans of the power project fund established under AS 42.45.010; 13 |
---|
| 161 | + | (31) to consider, when exercising the powers listed in this section, the 14 |
---|
| 162 | + | interests of local governments affected by the authority's activities to share in the 15 |
---|
| 163 | + | benefits of these activities, with appropriate consideration of the authority's ability to 16 |
---|
| 164 | + | meet debt obligations, issue new debt, and fulfill the authority's purposes; 17 |
---|
| 165 | + | (32) to provide development project financing for all or a portion of 18 |
---|
| 166 | + | the cost of a development project as provided in AS 44.88.172; 19 |
---|
| 167 | + | (33) to provide various means of financing and means of 20 |
---|
| 168 | + | facilitating the financing of construction of new workforce housing facilities 21 |
---|
| 169 | + | containing five or more dwelling units. 22 |
---|
| 170 | + | * Sec. 3. AS 44.88.900(6) is amended to read: 23 |
---|
| 171 | + | (6) "development project" has the meaning given to "project" in 24 |
---|
| 172 | + | (13)(A), [AND] (D) - (H), and (J) of this section; 25 |
---|
| 173 | + | * Sec. 4. AS 44.88.900(13) is amended to read: 26 |
---|
| 174 | + | (13) "project" means 27 |
---|
| 175 | + | (A) a plant or facility used or intended for use in connection 28 |
---|
| 176 | + | with making, processing, preparing, transporting, or producing in any manner, 29 |
---|
| 177 | + | goods, products, or substances of any kind or nature or in connection with 30 |
---|
| 178 | + | developing or utilizing a natural resource, or extracting, smelting, transporting, 31 33-LS1072\B |
---|
| 179 | + | SB 239 -6- SB0239A |
---|
180 | | - | (30) with legislative approval and notwithstanding AS 44.88.060, to 1 |
---|
181 | | - | purchase from the Alaska Energy Authority as an investment of the revolving fund, 2 |
---|
182 | | - | loans of the power project fund established under AS 42.45.010; 3 |
---|
183 | | - | (31) to consider, when exercising the powers listed in this section, the 4 |
---|
184 | | - | interests of local governments affected by the authority's activities to share in the 5 |
---|
185 | | - | benefits of these activities, with appropriate consideration of the authority's ability to 6 |
---|
186 | | - | meet debt obligations, issue new debt, and fulfill the authority's purposes; 7 |
---|
187 | | - | (32) to provide development project financing for all or a portion of 8 |
---|
188 | | - | the cost of a development project as provided in AS 44.88.172; 9 |
---|
189 | | - | (33) to provide various means of financing and means of 10 |
---|
190 | | - | facilitating the financing of construction of new workforce housing facilities. 11 |
---|
191 | | - | * Sec. 6. AS 44.88 is amended by adding new sections to read: 12 |
---|
192 | | - | Article 10A. Cook Inlet Reserve-Based Lending. 13 |
---|
193 | | - | Sec. 44.88.850. Cook Inlet reserve-based lending account. (a) The Cook 14 |
---|
194 | | - | Inlet reserve-based lending account is established in the revolving fund. The account 15 |
---|
195 | | - | consists of money or assets deposited into the account by the authority and 16 |
---|
196 | | - | contributions from other sources. 17 |
---|
197 | | - | (b) The authority may use money in the account to make one or more reserve-18 |
---|
198 | | - | based loans to fund oil and gas development projects the authority considers necessary 19 |
---|
199 | | - | to increase oil and gas production from the Cook Inlet sedimentary basin. The 20 |
---|
200 | | - | authority may, as a term of the loan, accept an ownership share in the project funded 21 |
---|
201 | | - | by the loan. If the authority accepts an ownership share as a term of the loan, the 22 |
---|
202 | | - | ownership share must be in the form of a carried interest that does not obligate the 23 |
---|
203 | | - | authority to contribute to the development costs of the project. The authority may 24 |
---|
204 | | - | make a loan under this section only 25 |
---|
205 | | - | (1) to a legal entity in compliance with state and federal laws; 26 |
---|
206 | | - | (2) if the loan applicant provides a written waiver permitting the 27 |
---|
207 | | - | authority to access or obtain copies of the loan applicant's confidential records that are 28 |
---|
208 | | - | in possession of the Department of Natural Resources or the Department of Revenue; 29 |
---|
209 | | - | information provided to the authority under this section shall be kept confidential by 30 |
---|
210 | | - | the authority unless disclosure is authorized by the loan applicant or borrower; 31 33-LS1072\R |
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211 | | - | SB0239b -7- HCS SB 239(L&C) |
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| 182 | + | converting, assembling, or producing in any manner, minerals, raw materials, 1 |
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| 183 | + | chemicals, compounds, alloys, fibers, commodities and materials, products, or 2 |
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| 184 | + | substances of any kind or nature; 3 |
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| 185 | + | (B) a plant or facility used or intended for use in connection 4 |
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| 186 | + | with a business enterprise; 5 |
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| 187 | + | (C) commercial activity by a business enterprise; 6 |
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| 188 | + | (D) a plant or facility demonstrating technological advances of 7 |
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| 189 | + | new methods and procedures and prototype commercial applications for the 8 |
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| 190 | + | exploration, development, production, transportation, conversion, and use of 9 |
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| 191 | + | energy resources; 10 |
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| 192 | + | (E) infrastructure for a new tourism destination facility or for 11 |
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| 193 | + | the expansion of a tourism destination facility; in this subparagraph, "tourism 12 |
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| 194 | + | destination facility" does not include a hotel or other overnight lodging facility; 13 |
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| 195 | + | (F) a plant or facility, other than a plant or facility described in 14 |
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| 196 | + | (D) of this paragraph, for the generation, transmission, development, 15 |
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| 197 | + | transportation, conversion, or use of energy resources; 16 |
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| 198 | + | (G) a plant or facility that enhances, provides for, or promotes 17 |
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| 199 | + | economic development with respect to transportation, communications, 18 |
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| 200 | + | community public purposes, technical innovations, prototype commercial 19 |
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| 201 | + | applications of intellectual property, or research; 20 |
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| 202 | + | (H) a plant or facility used or intended for use as a federal 21 |
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| 203 | + | facility, including a United States military, national guard, or coast guard 22 |
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| 204 | + | facility; 23 |
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| 205 | + | (I) infrastructure for an area that is designated as a military 24 |
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| 206 | + | facility zone under AS 26.30; 25 |
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| 207 | + | (J) a new workforce housing facility containing five or more 26 |
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| 208 | + | dwelling units; 27 |
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| 209 | + | * Sec. 5. AS 44.88.900 is amended by adding a new paragraph to read: 28 |
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| 210 | + | (20) "workforce housing" means residential housing that costs the 29 |
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| 211 | + | occupants less than 30 percent of the income of a household with 120 percent of the 30 |
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| 212 | + | area median family income, as determined by the United States Department of 31 33-LS1072\B |
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| 213 | + | SB0239A -7- SB 239 |
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214 | | - | (3) if the authority obtains an independent study performed by an 1 |
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215 | | - | experienced, qualified expert that confirms the valuation of the loan security and the 2 |
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216 | | - | capacity of the loan to support the oil and gas development project and to cause or 3 |
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217 | | - | increase the commercial production of oil or gas from the Cook Inlet sedimentary 4 |
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218 | | - | basin; 5 |
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219 | | - | (4) if the Regulatory Commission of Alaska determines, under 6 |
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220 | | - | AS 42.05.141(g), that the sale price in a gas sales agreement for gas produced through 7 |
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221 | | - | a project partially or fully funded by a loan under this section does not exceed a just 8 |
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222 | | - | and reasonable immediate delivery price for gas; 9 |
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223 | | - | (5) if the authority determines that the sales price for oil and gas 10 |
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224 | | - | produced through a project partially or fully funded by a loan under this section is 11 |
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225 | | - | reasonable and in the best interests of residents of the state. 12 |
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226 | | - | (c) The authority may request assistance from the Department of Revenue 13 |
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227 | | - | under AS 44.25.020(a)(5) or the Department of Natural Resources under 14 |
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228 | | - | AS 44.37.020(d) to execute this section. 15 |
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229 | | - | (d) The authority may accept an overriding royalty interest in a lease for 16 |
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230 | | - | which a loan has been extended under (b) of this section if, as a term of the loan, the 17 |
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231 | | - | overriding royalty interest is subject to prior approval by the Department of Natural 18 |
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232 | | - | Resources. The authority may only have the overriding royalty interest transferred to 19 |
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233 | | - | the authority if the borrower defaults. 20 |
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234 | | - | Sec. 44.88.855. Cook Inlet oil and gas development projects; report. (a) 21 |
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235 | | - | The authority shall evaluate oil and gas development projects the authority believes 22 |
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236 | | - | have reasonable potential to increase oil and gas production from the Cook Inlet 23 |
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237 | | - | sedimentary basin. Each year, the authority shall prepare a report related to those oil 24 |
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238 | | - | and gas development projects and shall, by the first day of each regular session of the 25 |
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239 | | - | legislature, deliver the report to the senate secretary and the chief clerk of the house of 26 |
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240 | | - | representatives and notify the legislature that the report is available. At the request of a 27 |
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241 | | - | legislative committee, a representative of the authority shall appear in that committee 28 |
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242 | | - | to review the report. For each oil and gas development project, the report must include 29 |
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243 | | - | (1) a cost estimate for the project; 30 |
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244 | | - | (2) the potential recoverable gas from the project; 31 33-LS1072\R |
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245 | | - | HCS SB 239(L&C) -8- SB0239b |
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246 | | - | New Text Underlined [DELETED TEXT BRACKETED] |
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247 | | - | |
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248 | | - | (3) the projected rate of return for the project; 1 |
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249 | | - | (4) if the authority recommends a reserve-based loan for the project, 2 |
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250 | | - | the amount of funds necessary for deposit into the Cook Inlet reserve-based lending 3 |
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251 | | - | account to provide a loan for the project and the recommended source of funds for the 4 |
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252 | | - | deposit. 5 |
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253 | | - | (b) Notwithstanding AS 44.88.215, 44.88.850(b)(2), or any other law, a 6 |
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254 | | - | borrower's information shall be subject to the public reporting requirements under this 7 |
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255 | | - | section. Each year, the authority shall prepare a report related to Cook Inlet reserve-8 |
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256 | | - | based loans made under AS 44.88.850 and shall, by the first day of each regular 9 |
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257 | | - | session of the legislature, deliver the report to the senate secretary and the chief clerk 10 |
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258 | | - | of the house of representatives and notify the legislature that the report is available. At 11 |
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259 | | - | the request of a legislative committee, a representative of the authority shall appear in 12 |
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260 | | - | that committee to review the report. The report must 13 |
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261 | | - | (1) identify each entity borrowing funds under AS 44.88.850; 14 |
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262 | | - | (2) list the amount borrowed by each borrower and the date each loan 15 |
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263 | | - | was approved; 16 |
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264 | | - | (3) include a summary of the terms of the lending agreement with each 17 |
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265 | | - | borrower; 18 |
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266 | | - | (4) summarize each project for which a loan was made, including the 19 |
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267 | | - | status of the project and the volume of oil and gas produced and expected to be 20 |
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268 | | - | produced from the project; 21 |
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269 | | - | (5) list the status of payments made on the loan, including whether the 22 |
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270 | | - | loan is or ever was in default. 23 |
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271 | | - | * Sec. 7. AS 44.88.900(6) is amended to read: 24 |
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272 | | - | (6) "development project" has the meaning given to "project" in 25 |
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273 | | - | (13)(A), [AND] (D) - (H), and (J) of this section; 26 |
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274 | | - | * Sec. 8. AS 44.88.900(13) is amended to read: 27 |
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275 | | - | (13) "project" means 28 |
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276 | | - | (A) a plant or facility used or intended for use in connection 29 |
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277 | | - | with making, processing, preparing, transporting, or producing in any manner, 30 |
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278 | | - | goods, products, or substances of any kind or nature or in connection with 31 33-LS1072\R |
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279 | | - | SB0239b -9- HCS SB 239(L&C) |
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280 | | - | New Text Underlined [DELETED TEXT BRACKETED] |
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281 | | - | |
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282 | | - | developing or utilizing a natural resource, or extracting, smelting, transporting, 1 |
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283 | | - | converting, assembling, or producing in any manner, minerals, raw materials, 2 |
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284 | | - | chemicals, compounds, alloys, fibers, commodities and materials, products, or 3 |
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285 | | - | substances of any kind or nature; 4 |
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286 | | - | (B) a plant or facility used or intended for use in connection 5 |
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287 | | - | with a business enterprise; 6 |
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288 | | - | (C) commercial activity by a business enterprise; 7 |
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289 | | - | (D) a plant or facility demonstrating technological advances of 8 |
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290 | | - | new methods and procedures and prototype commercial applications for the 9 |
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291 | | - | exploration, development, production, transportation, conversion, and use of 10 |
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292 | | - | energy resources; 11 |
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293 | | - | (E) infrastructure for a new tourism destination facility or for 12 |
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294 | | - | the expansion of a tourism destination facility; in this subparagraph, "tourism 13 |
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295 | | - | destination facility" does not include a hotel or other overnight lodging facility; 14 |
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296 | | - | (F) a plant or facility, other than a plant or facility described in 15 |
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297 | | - | (D) of this paragraph, for the generation, transmission, development, 16 |
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298 | | - | transportation, conversion, or use of energy resources; 17 |
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299 | | - | (G) a plant or facility that enhances, provides for, or promotes 18 |
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300 | | - | economic development with respect to transportation, communications, 19 |
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301 | | - | community public purposes, technical innovations, prototype commercial 20 |
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302 | | - | applications of intellectual property, or research; 21 |
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303 | | - | (H) a plant or facility used or intended for use as a federal 22 |
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304 | | - | facility, including a United States military, national guard, or coast guard 23 |
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305 | | - | facility; 24 |
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306 | | - | (I) infrastructure for an area that is designated as a military 25 |
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307 | | - | facility zone under AS 26.30; 26 |
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308 | | - | (J) a new workforce housing facility; 27 |
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309 | | - | * Sec. 9. AS 44.88.900 is amended by adding new paragraphs to read: 28 |
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310 | | - | (20) "oil and gas development project" means a development project to 29 |
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311 | | - | produce proven oil or gas reserves; 30 |
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312 | | - | (21) "reserve-based loan" means a loan made against and fully secured 31 33-LS1072\R |
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313 | | - | HCS SB 239(L&C) -10- SB0239b |
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314 | | - | New Text Underlined [DELETED TEXT BRACKETED] |
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315 | | - | |
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316 | | - | by an oil and gas field, proven undeveloped or developed oil and gas reserves, or other 1 |
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317 | | - | assets of the entity receiving the loan. 2 |
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318 | | - | (22) "workforce housing" means residential housing that contains five 3 |
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319 | | - | or more dwelling units. 4 |
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| 216 | + | Housing and Urban Development, for where the housing is constructed. 1 |
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