Legislature(1997 - 1998)

1998-02-11 House Journal

Full Journal pdf

1998-02-11                     House Journal                      Page 2280
HB 393                                                                       
HOUSE BILL NO. 393 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               

1998-02-11                     House Journal                      Page 2281
HB 393                                                                       
"An Act relating to contracts with the state establishing payments            
in lieu of other taxes by a qualified sponsor or qualified sponsor             
group for projects to develop stranded gas resources in the state;             
providing for the inclusion in such contracts of terms making                  
certain adjustments regarding royalty value and the timing and                 
notice of the state's right to take royalty in kind or in value from           
such projects; relating to the effect of such contracts on municipal           
taxation; and providing for an effective date."                                
                                                                               
was read the first time and referred to the House Special Committee            
on Oil & Gas and the Finance Committee.                                        
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Natural Resources, 2/11/98                               
Fiscal note, Dept. of Revenue, 2/11/98                                         
                                                                               
                                                                               
The Governor's transmittal letter dated February 9, 1998, appears              
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Today I am transmitting the Alaska Stranded Gas Development Act to             
advance the development of Alaska's vast supply of North Slope                 
natural gas.  This legislation follows the recommendations of the North        
Slope Gas Commercialization Team which was established by                      
legislation last year to build a framework to improve the economic             
feasibility and competitiveness of a North Slope gas project.                  
                                                                               
The bill authorizes the state to negotiate contracts with project              
sponsors to improve the economic feasibility of developing stranded            
gas on the North Slope.  Contract payments would replace some or all           
of the state and municipal taxes applicable to the gas project including:      
1) state and municipal ad valorem property taxes; 2) production or             
severance taxes; and 3) state corporate taxes.  The state's royalty share      
of produced gas would not be subject to such a contract.  Contract             
payments would be designed to improve project economics by "back-              
end loading" tax liabilities  to allow project investors to begin to           
recoup  some  of  their investment before facing a heavy tax burden.           

1998-02-11                     House Journal                      Page 2282
HB 393                                                                       
The contract payments would also be designed to provide the state              
with an increased share of the project's revenue if energy prices              
increase or if the sponsors are able to substantially decrease anticipated     
project construction costs.                                                    
                                                                               
Such contract payments were envisioned in both the House Concurrent            
Resolution relating to North Slope gas and the gas commercialization           
team bill passed last year.  While the bill is unique in many respects,        
there are precedents for this type of incentive.  For example, the LNG         
project on the Kenai Peninsula, which provides significant jobs and            
production and property tax revenue, benefited directly from the               
Alaska Industrial Incentive Act which provided tax advantages critical         
for development.                                                               
                                                                               
There are several major benefits to the approach authorized in the bill.       
Fiscal arrangements can be tailored to the specific economics of a gas         
project.  Contractual payments are more likely to provide predictability       
for potential investors in a project.  This method also addresses the          
critical element of local taxes by providing a mechanism for ensuring          
a steady payment stream to municipalities over the life of the contract.       
                                                                               
Local hire and the use of local businesses in any project are also             
stressed in the legislation.  Employers participating in the project are       
required to advertise locally for available positions, use Alaska job          
service organizations, and employ qualified Alaska residents and               
Alaska-owned businesses to the full extent permitted by law.                   
                                                                               
Any contract negotiated by the Administration would be subject to              
legislative review and public hearing.  Additionally, I would encourage        
the legislature to require legislative approval of a contract because of       
the appropriate role of the legislature in such a unique and significant       
decision.  Furthermore, if such a contract in lieu of taxes was                
considered a tax, the legislature may well be required to approve such         
action by law.                                                                 
                                                                               
The bill recognizes that in the process of negotiating a contract it may       
be necessary to review confidential company data if the state's best           
interests are to be advanced.  The bill strikes a balance between the          
public's right to review the basis for the contract and the company's          
right  to  protect  proprietary  information  from  their   competitors.       

1998-02-11                     House Journal                      Page 2283
HB 393                                                                       
Confidentiality of proprietary information is limited to items that, if        
revealed, would both affect a company's competitive position and               
significantly diminish the commercial value of the information.                
                                                                               
The Stranded Gas Development Act is a critically important step in our         
efforts to realize the benefits of the enormous gas resources on the           
North Slope.  While it is true a number of other factors must be               
addressed before a North Slope gas project becomes a reality, such as          
project cost reductions, market conditions, and the need for more              
favorable federal tax laws, this bill lays the necessary groundwork for        
our success.  I urge your prompt and favorable action on this measure.         
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"