Legislature(2005 - 2006)

2005-04-28 House Journal

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2005-04-28                     House Journal                      Page 1333
HB 71                                                                                             
Representative Samuels brought up reconsideration of the vote on                                    
CSHB 71(FIN) (page 1231).                                                                           
                                                                                                    
The following, which had been held on reconsideration (page 1311),                                  
was again before the House in third reading:                                                        
                                                                                                    
     CS FOR HOUSE BILL NO. 71(FIN)                                                                  
     "An Act extending and amending the requirements applicable to                                  
     the credit that may be claimed for certain oil and gas exploration                             
     expenses incurred in Cook Inlet against oil and gas properties                                 
     production (severance) taxes, and amending the credit against                                  
     those taxes for certain exploration expenditures from leases or                                
     properties in the state; and providing for an effective date."                                 
                                                                                                    
Representative Samuels moved and asked unanimous consent that                                       
CSHB 71(FIN) be returned to second reading for the specific purpose                                 
of considering Amendment No. 1.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    
Amendment No. 1 was offered  by Representative Samuels:                                              
                                                                                                    

2005-04-28                     House Journal                      Page 1334
Page 1, line 1, following "An Act" (title amendment):                                             
 Insert "providing standards for the interpretation of certain                                    
terms in state oil and gas leases and unit agreements, requiring                                  
development, production, processing, and marketing of gas that is                                 
determined to meet those standards, and setting a maximum time                                    
limit on that activity;"                                                                          
                                                                                                    
Page 1, following line 6:                                                                           
 Insert new bill sections to read:                                                                  
"* Section 1.  The uncodified law of the State of Alaska is amended                               
by adding a new section to read:                                                                    
 LEGISLATIVE FINDINGS REGARDING AMENDMENT OF                                                        
AS 38.05.180.  The legislature finds that                                                           
  (1)  oil and gas leases issued by the state grant to the lessee                                   
certain rights in state land and resources for the purposes of                                      
exploration, development, production, processing, and marketing oil                                 
and gas from state land;                                                                            
  (2)  those oil and gas leases require the reasonable                                              
development of state land for oil and gas as the facts may justify;                                 
  (3)  those oil and gas leases further mandate reasonable                                          
diligence in producing oil and gas from state land;                                                 
  (4)  those leases also obligate the lessee to act with due regard                                 
for the interests of not only the lessee but also the state as lessor;                              
  (5)  many of those leases have been extended beyond their                                         
primary terms by commitment to an oil and gas unit agreement;                                       
  (6)  unit agreements may vary from unit to unit and so do not                                     
contain uniform language but generally reinforce the obligations of                                 
lessees to timely develop oil and gas resources and to act to protect not                           
only their own interests but also the interests of the state as lessor;                             
  (7)  unit agreements also require that lessees periodically file                                  
their proposed plans for future development of a unit and allow the                                 
state, as lessor, to determine the rate of development of the unit and                              
rate and quantity of production from the unit in acting on proposed                                 
plans or otherwise;                                                                                 
  (8)  oil and gas leases are interpreted by courts sitting in oil-                                 
and-gas-producing states to require that lessees develop and market oil                             
and gas when those lessees could do so for a reasonable profit;                                     
  (9)  the executive branch of state government, under the                                          
authority of AS 43.82 (Alaska Stranded Gas Development Act) and                                     
with the assistance of outside experts, consultants, and counsel, has                               

2005-04-28                     House Journal                      Page 1335
developed a sophisticated model that forecasts future gas prices based                              
on the best information currently available to the state;                                           
  (10)  that model incorporates the costs estimated by the state's                                  
largest oil and gas producers and others for the construction of an                                 
Alaska natural gas pipeline and for upstream facilities required to                                 
produce and treat natural gas from the Prudhoe Bay and Point                                        
Thomson Units for transportation through an Alaska natural gas                                      
pipeline to markets inside and outside the state;                                                   
  (11)  the model calculates estimated rates of return on capital                                   
invested for the total project, and for separate elements of the project,                           
such as production from the Prudhoe Bay Unit, production from the                                   
Point Thomson Unit, and the pipeline itself;                                                        
  (12)  the model calculates estimated rates of return on capital                                   
invested under a wide range of future gas prices, including a price                                 
considered a stress gas price, the mean estimated gas price, and prices                             
considered to have as low as a 10 percent probability and as high as a                              
90 percent probability;                                                                             
  (13)  rates of return from the model can be compared to                                           
various measures of profitability, including, without limitation, rates                             
of return historically allowed by the Federal Energy Regulatory                                     
Commission on gas pipelines, the cost of capital, rates of return on                                
shareholder equity and capital employed for natural gas pipeline                                    
companies, and rates of return on shareholder equity and capital                                    
employed for oil and gas companies;                                                                 
  (14)  the oil and gas resources of the state are to be developed                                  
for the maximum benefit of the people of the state; and                                             
  (15)  the state's best interests require the earliest reasonable                                  
date for construction of an Alaska natural gas pipeline on terms that                               
are both in the best interests of the state and estimated to be reasonably                          
profitable to the state's oil and gas lessees.                                                      
   * Sec. 2.  AS 38.05.180 is amended by adding a new subsection to                               
read:                                                                                               
      (hh)  The provisions of this subsection clarify and interpret                                 
     the obligations of an oil and gas lessee or unit operator where an                             
     explicit or implied term of a state oil and gas lease or unit                                  
     agreement requires the development, production, processing, or                                 
     marketing of gas meeting economic standards such as "reasonable                                
     profit," "economically recoverable," "reasonable development as                                
     the facts may justify," "reasonable diligence," "covenant to                                   
     develop as a reasonably prudent operator in a reasonably prudent                               

2005-04-28                     House Journal                      Page 1336
     manner," "good and diligent oil and gas production practices,"                                 
     "economically feasible," or "having due regard for the interests of                            
     lessor as well as the interests of lessee."   If the terms of the lease                        
     or unit agreement so provide,                                                                  
       (1)  the standards shall be interpreted to require, at a                                     
     minimum, development, production, processing, and marketing of                                 
     gas from the lease or unit area as part of a project placing gas into                          
     one or more commercial markets if the commissioner determines,                                 
     after review of relevant information then available to and in the                              
     possession of the department, that the estimated revenue from the                              
     project, based on the department's mean gas price forecast for that                            
     project, minus the currently estimated new costs of that project,                              
     appears sufficient to allow for a rate of return on new capital                                
     invested                                                                                       
           (A)  in the portions of the project regulated as to                                      
         tariffs by either the Federal Energy Regulatory Commission                                 
         or the Regulatory Commission of Alaska; the rate of return                                 
         allowed under this subparagraph must be equal to or greater                                
         than the department's estimate of the rate of return that would                            
         be approved by the governing regulatory body; and                                          
           (B)  in the portions of the project that are not subject                                 
         to tariff regulation; the rate of return allowed under this                                
         subparagraph must be equal to or greater than the most recent                              
         10-year simple average of overall company returns on capital                               
         employed for a sample group of oil and gas companies; in this                              
         subparagraph, the sample group of oil and gas companies may                                
         include, without limitation and subject to the availability of                             
         publicly reported information, the four largest international                              
         petroleum companies and the parent companies of the three                                  
         largest petroleum companies operating in the state;                                        
       (2)  whenever the commissioner determines that                                               
     development, production, processing, or marketing of gas is                                    
     required from a lease or unit area, the lessee or unit operator shall                          
     develop, produce, process, or market the gas, as determined by the                             
     commissioner, from the lease or unit area by a date determined by                              
     the commissioner, but in no event may that compliance date be                                  
     later than seven years after the commissioner's initial                                        
     determination; if a lessee or unit operator fails to comply with the                           
     commissioner's order, approval, decision, or determination, the                                
     remedies for the failure shall be as provided for in the controlling                           

2005-04-28                     House Journal                      Page 1337
     lease, unit agreement, other agreement, or operative document, or                              
     as provided by law."                                                                           
                                                                                                    
Page 1, line 7:                                                                                     
 Delete "Section 1"                                                                               
 Insert "Sec. 3"                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Samuels moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 71(FIN)--RECONSIDERATION                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Gara,                                 
Gardner, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kelly,                                
Kerttula, LeDoux, Lynn, McGuire, Moses, Neuman, Olson, Ramras,                                      
Salmon, Samuels, Seaton, Thomas, Wilson                                                             
                                                                                                    
Nays:  Chenault, Dahlstrom, Elkins, Foster, Gatto, Hawker, Kohring,                                 
Kott, Meyer, Rokeberg, Weyhrauch                                                                    
                                                                                                    
Excused:  Stoltze                                                                                   
                                                                                                    
Gatto changed from "Yea" to "Nay".                                                                  
                                                                                                    
And so, Amendment No. 1 was adopted, and the new title follows:                                     
                                                                                                    
     CS FOR HOUSE BILL NO. 71(FIN) am                                                               
     "An Act providing standards for the interpretation of certain terms                            
     in state oil and gas leases and unit agreements, requiring                                     
     development, production, processing, and marketing of gas that is                              
     determined to meet those standards, and setting a maximum time                                 
     limit on that activity; extending and amending the requirements                                
     applicable to the credit that may be claimed for certain oil and gas                           

2005-04-28                     House Journal                      Page 1338
     exploration expenses incurred in Cook Inlet against oil and gas                                
     properties production (severance) taxes, and amending the credit                               
     against those taxes for certain exploration expenditures from                                  
     leases or properties in the state; and providing for an effective                              
     date."                                                                                         
                                                                                                    
Representatives Meyer and Hawker moved and asked unanimous                                          
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSHB 71(FIN) am pass the                                   
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 71(FIN) am--RECONSIDERATION                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  4   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster,                               
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                  
Joule, Kapsner, Kohring, Kott, LeDoux, McGuire, Meyer, Moses,                                       
Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                           
Thomas, Wilson                                                                                      
                                                                                                    
Nays:  Berkowitz, Cissna, Kerttula, Weyhrauch                                                       
                                                                                                    
Excused:  Stoltze                                                                                   
                                                                                                    
Absent:  Crawford, Kelly, Lynn                                                                      
                                                                                                    
And so, CSHB 71(FIN) am passed the House on reconsideration.                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
CSHB 71(FIN) am was referred to the Chief Clerk for engrossment.