Legislature(2005 - 2006)

2006-08-05 House Journal

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2006-08-05                     House Journal                      Page 4304
HB 3001                                                                                           
CSHB 3001(FIN) was before the House in second reading for                                           
amendments (page 4292).                                                                             
                                                                                                    
Amendment No. 2 was offered  by Representatives Kerttula, Gara, and                                  
Guttenberg:                                                                                         
                                                                                                    

2006-08-05                     House Journal                      Page 4305
Page 8, line 17:                                                                                    
     Delete "AS 43.55.023(k)"                                                                       
     Insert "AS 43.55.023(l)"                                                                       
                                                                                                    
                                                                                                    
Page 12, line 16:                                                                                   
     Delete "A"                                                                                     
     Insert "Except as provided in (k) of this section, a"                                          
                                                                                                    
                                                                                                    
Page 15, line 26, following "section,":                                                             
     Insert "and except as provided in (k) of this section,"                                        
                                                                                                    
                                                                                                    
Page 16, following line 31:                                                                         
     Insert a new subsection to read:                                                               
         "(k)  A person engaged in the production of gas in the Point                               
     Thomson Unit may not take a credit under this section for a                                    
     qualified capital expenditure upstream from the point of                                       
     production of gas from the Point Thomson Unit for a gas                                        
     processing plant or a gas treatment facility. In this subsection,                              
     "Point Thomson Unit" means the land identified by the                                          
     Department of Natural Resources as the "Point Thomson Unit.""                                  
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
                                                                                                    
Page 32, line 29, following "AS 38.05.132":                                                         
     Insert ";                                                                                      
              (19)  costs related to a gas processing plant or a gas                                
     treatment facility upstream from the point of production of gas                                
     from the Point Thomson Unit"                                                                   
                                                                                                    
                                                                                                    
Page 33, following line 25:                                                                         
     Insert a new paragraph to read:                                                                
              "(3)  "Point Thomson Unit" means the land identified by                               
     the Department of Natural Resources as the "Point Thomson                                      
     Unit";"                                                                                        
                                                                                                    

2006-08-05                     House Journal                      Page 4306
Renumber the following paragraph accordingly.                                                       
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
                                                                                                    
Representative Kerttula placed a call of the House and lifted the call.                             
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 3001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon                                                 
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                           
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels,                                           
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representatives Kerttula, Gara, and                                  
Guttenberg:                                                                                         
                                                                                                    
                                                                                                    
Page 15, line 28, following "expenditures":                                                         
 Insert "made during each April 1 through March 31 12-month                                         
period that exceeded the 12-month average expenditures for the two                                  
12-month periods immediately before April 1, 2006, that"                                            
                                                                                                    

2006-08-05                     House Journal                      Page 4307
Page 15, line 29, following "April 1, 2006,":                                                       
 Insert "and"                                                                                       
                                                                                                    
Page 15, line 30:                                                                                   
 Delete "the sum"                                                                                   
 Insert "that portion"                                                                              
                                                                                                    
Page 15, line 31, following "April 1, 2006,":                                                       
 Insert "during each 12-month period multiplied by a fraction in                                    
which the numerator is the amount of transitional investment                                        
expenditures during that 12-month period and the denominator is the                                 
total expenditures incurred during that 12-month period that would be                               
qualified capital expenditures if they were incurred after March 31,                                
2006,"                                                                                              
                                                                                                    
Page 16, lines 3 - 4:                                                                               
 Delete ", that would be qualified capital expenditures, if they were                               
incurred after March 31, 2006"                                                                      
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    
                                                                                                    
Representative Samuels rose to a point of order.                                                    
                                                                                                    
The Speaker cautioned members to confine remarks to the                                             
amendment.                                                                                          
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 3001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, McGuire, Moses, Salmon                                        
                                                                                                    

2006-08-05                     House Journal                      Page 4308
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer,                                    
Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                          
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Kerttula, Gara, and                                  
Guttenberg:                                                                                         
                                                                                                    
Page 1, line 1, following "Act" (title amendment):                                                
     Insert "amending the powers and duties of the Alaska Oil and                                 
Gas Conservation Commission;"                                                                     
                                                                                                    
                                                                                                    
Page 2, following line 8:                                                                           
 Insert a new bill section to read:                                                                 
"* Sec. 2. AS 31.05.030(d) is amended to read:                                                    
         (d)  The commission may require                                                            
              (1)  identification of ownership of wells, producing                                  
     leases, tanks, plants, and drilling structures;                                            
              (2)  the making and filing of reports, well logs, drilling                            
     logs, electric logs, lithologic logs, directional surveys, and all                             
     other subsurface information on a well drilled for oil or gas, or for                          
     the discovery of oil or gas, or for geologic information, and the                              
     required reports and information shall be filed within 30 days after                           
     the completion, abandonment, or suspension of the well;                                        
              (3)  the drilling, casing, and plugging of wells in a manner                      
     that will prevent the escape of oil or gas out of one stratum into                             
     another, the intrusion of water into an oil or gas stratum, the                                
     pollution of fresh water supplies by oil, gas, or salt water, and                          
     prevent blowouts, cavings, seepages and fires;                                                 
              (4)  the furnishing of a reasonable bond with sufficient                              
     surety conditions for the performance of the duty to plug each dry                             
     or abandoned well or the repair of wells causing waste;                                        
              (5)  the operation of wells with efficient gas-oil and                                
     water-oil ratios, and may fix these ratios;                                                    
              (6)  the gauging or other measuring of oil and gas to                                 
     determine the quality and quantity of oil and gas;                                             

2006-08-05                     House Journal                      Page 4309
              (7)  every person who produces oil or gas in the state to                             
     keep and maintain for a period of five years in the state complete                             
     and accurate records of the quantities of oil and gas produced,                                
     which shall be available for examination by the Department of                                  
     Natural Resources or its agents at all reasonable times;                                       
              (8)  the measuring and monitoring of oil and gas pool                                 
     pressures;                                                                                     
              (9)  the filing and approval of a plan of development and                             
     operation for a field or pool in order to prevent waste, ensure                            
     [INSURE] a greater ultimate recovery of oil and gas, and protect                               
     the correlative rights of persons owning interests in the tracts of                            
     land affected;                                                                             
       (10)  working interest owners to provide, at cost plus a                                 
     reasonable rate of return determined under regulations                                     
     adopted by the commission and without causing substantial                                  
     injury to the owner, access by or for the benefit of others to                             
     production and other facilities whenever necessary; for                                    
     purposes of this paragraph, the commission's regulations must                              
     be consistent with the standards of the Regulatory                                         
     Commission of Alaska adopted to implement AS 42.05.311(a);                                 
     the commission may act under this paragraph                                                
           (A)  to                                                                              
                (i)  maximize the economic and physical                                         
              recovery of the state's oil and gas resources;                                   
                (ii)  maximize competition among parties                                        
              seeking to explore and develop the state's oil and gas                            
              resources;                                                                        
                (iii)  minimize the adverse affects of                                          
              exploration, development, production, and                                         
              transportation activity; or                                                       
                (iv)  otherwise protect the best interest of the                                
              state;                                                                            
           (B)  only if the commission finds that directing the                                 
         working interest owner to provide access by or for the                                 
         benefit of others would not materially interfere with the                              
         owner's paramount use of the facility; and                                             
           (C)  only if the commission finds that the facility                                  
         has excess capacity or that it is feasible to expand the                               
         facility with the expansion costs and any additional                                   
         operating costs to be borne by the entities that use the                               

2006-08-05                     House Journal                      Page 4310
         added capacity in proportion to the amount of use by each                              
         entity."                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Renumber internal references to bill sections in accordance with this                               
amendment.  Bill sec. 2, added in this amendment, should not be set                                 
out in any of the internal bill section references.  Below are all internal                         
bill section references in this bill to be renumbered:                                              
     Page 1, line 9                                                                                 
     Page 2, line 5                                                                                 
     Page 40, lines 9, 10, 12, 13, 17, 19, 24, and 31                                               
     Page 41, lines 3, 9, 11, 18, 21, 27, and 28                                                    
     Page 42, lines 3, 6, 7, 9, 15, and 16                                                          
     Page 43, lines 3 and 4                                                                         
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Chenault objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 3001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  14   NAYS:  25   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon, Thomas                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                           
McGuire, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton,                                          
Stoltze, Weyhrauch, Wilson                                                                          
                                                                                                    
Absent:  Meyer                                                                                      
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    

2006-08-05                     House Journal                      Page 4311
Amendment No. 5 was offered  by Representatives Kerttula, Gara,                                      
Berkowitz, Guttenberg, and Crawford:                                                                
                                                                                                    
Page 32, lines 21 - 27:                                                                             
 Delete all material and insert:                                                                    
       "(17)  costs incurred for containment, control, cleanup, or                                  
     removal in connection with any unpermitted release of oil or a                                 
     hazardous substance; any liability for damages, fines, and                                     
     penalties imposed on the producer or explorer; or the cost of                                  
     developing and maintaining an oil discharge prevention and                                     
     contingency plan under AS 46.04.030;"                                                          
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Weyhrauch objected.                                                                  
                                                                                                    
Representative Croft placed a call of the House on the calendar.                                    
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 3001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon, Thomas                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                           
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels,                                           
Seaton, Stoltze, Weyhrauch, Wilson                                                                  
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
Amendment No. 6 was offered  by Representatives Gardner and                                          
Crawford:                                                                                           
                                                                                                    

2006-08-05                     House Journal                      Page 4312
Page 2, following line 8:                                                                           
 Insert a new subsection to read:                                                                   
     "(c)  It is the intent of the legislature that all provisions in this bill                     
sunset on June 30, 2009 unless reenacted by law between January 1                                   
and June 30, 2009.  Upon the sunset of this law, statutory language                                 
shall revert to that which was in place prior to passage of the law, and                            
be replaced with the following:"                                                                    
                                                                                                    
""An Act relating to the oil and gas properties production tax;                                   
providing for a reduction in the amount of taxable production;                                    
providing for an increase in the tax rate when the average Alaska                                 
North Slope crude oil West Coast price per barrel exceeds $40;                                    
providing for tax credits based on expenditures for oil and gas                                   
exploration, gas only exploration, and development wells; and                                     
providing for an effective date."                                                                 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                                                  
ALASKA:                                                                                           
   * Section 1. AS 43.55.011(a) is amended to read:                                               
         (a)  There is levied upon the producer of oil a tax for all oil                            
     produced from each lease or property in the Cook Inlet                                     
     sedimentary basin [STATE], less any oil the ownership or right                             
     to which is exempt from taxation or constitutes a land owner's                             
     royalty interest. The tax is equal to either the percentage-of-value                       
     amount calculated under (b) of this section or the cents-per-barrel                            
     amount calculated under (c) of this section, whichever is greater,                             
     multiplied by the economic limit factor determined for the oil                                 
     production of the lease or property under AS 43.55.013. If the                                 
     amounts calculated under (b) and (c) of this section are equal, the                            
     amount calculated under (b) of this section shall be treated as if it                          
     were the greater for purposes of this section.                                                 
   * Sec. 2. AS 43.55.011(b) is amended to read:                                                  
         (b)  The percentage-of-value amount equals [12.25                                          
     PERCENT OF THE GROSS VALUE AT THE POINT OF                                                     
     PRODUCTION OF TAXABLE OIL PRODUCED ON OR                                                       
     BEFORE JUNE 30, 1981, FROM THE LEASE OR PROPERTY                                               
     AND] 15 percent of the gross value at the point of production of                               
     taxable oil produced from the lease or property in the Cook Inlet                          
     sedimentary basin, [AFTER JUNE 30, 1981;] except that [FOR                                 
     A LEASE OR PROPERTY COMING INTO COMMERCIAL                                                     
     OIL PRODUCTION AFTER JUNE 30, 1981,] the percentage-of-                                        

2006-08-05                     House Journal                      Page 4313
     value amount equals 12.25 percent of the gross value at the point                              
     of production of taxable oil produced from the lease or property in                        
     the Cook Inlet sedimentary basin in the first five years after the                         
     start of commercial oil production [AND EQUALS 15 PERCENT                                      
     OF THE GROSS VALUE AT THE POINT OF PRODUCTION                                                  
     OF TAXABLE OIL PRODUCED THEREAFTER FROM THE                                                    
     LEASE OR PROPERTY].                                                                            
   * Sec. 3. AS 43.55.011(c) is amended to read:                                                  
         (c)  The cents-per-barrel amount equals [$0.60 PER BARREL                                  
     OF TAXABLE OLD CRUDE OIL PRODUCED FROM THE                                                     
     LEASE OR PROPERTY, AND] $0.80 per barrel for all [OTHER]                                       
     taxable oil produced from the lease or property, [BOTH] as                                     
     adjusted by AS 43.55.012.                                                                      
   * Sec. 4. AS 43.55.011 is amended by adding new subsections to                                 
read:                                                                                               
         (e)  There is levied upon the producer of oil a tax for all oil                            
     produced from each lease or property in the state outside of the                               
     Cook Inlet sedimentary basin, less any oil the ownership or right                              
     to which is exempt from taxation or constitutes a land owner's                                 
     royalty interest. The tax is equal to the greater of                                           
              (1)  the cents-per-barrel amount calculated under (c) of                              
     this section; or                                                                               
              (2)  the percentage-of-value amount calculated under (f)                              
    of this section plus the tax determined under (g) of this section.                             
         (f)  The percentage-of-value amount equals 15 percent of the                               
     gross value at the point of production of taxable oil produced from                            
     the lease or property in the state outside of the Cook Inlet                                   
     sedimentary basin, as adjusted under AS 43.55.022.                                             
         (g)  In addition to the taxes levied using the percentage-of-                              
     value amount under (e) of this section, if the average ANS West                                
     Coast price per barrel of oil during a month exceeds $40, there is                             
     levied on the producer of oil a tax for oil produced during that                               
     month from each lease or property in the state outside of the Cook                             
     Inlet sedimentary basin, less any oil the ownership or right to                                
     which is exempt from taxation. The tax levied under this                                       
     subsection is equal to                                                                         
         [([ANS West Coast price - 40] x .003) x (ANS wellhead price                                
                                  x .85)]                                                          
             x (total taxable barrels of oil at the point of production)                            
     where "ANS wellhead price" means the prevailing value for oil                                  

2006-08-05                     House Journal                      Page 4314
     produced in the Alaska North Slope area.                                                       
         (h)  For purposes of (g) of this section, the department may                               
     calculate the average price or may, by regulation, specify the                                 
     method by which the average price shall be calculated with                                     
     reference to one or more published sources of price information.                               
     If, in the department's judgment, reliable published sources of                                
     price information on Alaska North Slope crude oil cease, or                                    
     appear likely to soon cease, to be available, or if, in the                                    
     department's judgment, the price of Alaska North Slope crude oil                               
     ceases, or appears likely to soon cease, to be a reliable indicator of                         
     the general price level of crude oils, the department shall, by                                
     regulation, specify a substitute formula for computing the oil price                           
     index. The substitute formula specified by the department under                                
     this subsection must bear, as nearly as is reasonably possible, the                            
     same relationship to the general price level of crude oils as did the                          
     price of Alaska North Slope crude oil.                                                         
         (i)  There is levied on the producer of oil or gas a tax for all                           
     oil and gas produced each month from each lease or property in                                 
     the state the ownership or right to which constitutes a landowner's                            
     royalty interest, except for oil and gas the ownership or right to                             
     which is exempt from taxation. The provisions of this subsection                               
     apply to a landowner's royalty interest as follows:                                            
              (1)  the rate of tax levied on oil is equal to five percent of                        
     the gross value at the point of production of the oil;                                         
              (2)  the rate of tax levied on gas is equal to 1.667 percent                          
     of the gross value at the point of production of the gas;                                      
              (3)  if the department determines that, for purposes of                               
     reducing the producer's tax liability under (1) or (2) of this                                 
     subsection, the producer has received or will receive consideration                            
     from the royalty owner offsetting all or a part of the producer's                              
     royalty obligation, other than a deduction under AS 43.55.020(d)                               
     of the amount of a tax paid,                                                                   
                  (A)  notwithstanding (1) of this subsection, the tax is                           
         equal to                                                                                   
                (i)  for oil that is produced from a lease or                                       
              property in the Cook Inlet sedimentary basin, five percent                            
              of the gross value at the point of production of the oil;                             
                (ii)  for oil, except oil described in (i) of this                                  
              subparagraph, 22.8 percent of the gross value at the point                            
              of production of the oil; and                                                         

2006-08-05                     House Journal                      Page 4315
                  (B)  notwithstanding (2) of this subsection, for gas                              
         the tax is equal to 11.25 percent of the gross value at the point                          
         of production of the gas.                                                                  
   * Sec. 5. AS 43.55.013(j) is amended to read:                                                  
         (j)  The department may aggregate two or more leases or                                    
     properties (or portions of them), for purposes of determining                                  
     economic limit factors under this section and applying them to                                 
     AS 43.55.011(a) and 43.55.016(a) [AS 43.55.011 OR                                          
     AS 43.55.016], when economically interdependent oil or gas                                     
     production operations are not confined to a single lease or                                    
     property. The department may also segregate a lease or property                                
     into two or more parts, for purposes of determining economic                                   
     limit factors under this section and applying them under                                       
     AS 43.55.011(a) and 43.55.016(a) [AS 43.55.011 OR                                          
     AS 43.55.016], when two or more economically independent oil                                   
     or gas production operations are being conducted on it, or when                                
     old crude oil is produced from the same lease or property as other                             
     oil.                                                                                           
   * Sec. 6. AS 43.55.016(a) is amended to read:                                                  
         (a)  There is levied upon the producer of gas a tax for all gas                            
     produced from each lease or property in the Cook Inlet                                     
     sedimentary basin [STATE], less any gas the ownership or right                             
     to which is exempt from taxation. The tax is equal to either the                               
     percentage-of-value amount calculated under (b) of this section or                             
     the cents-per-Mcf amount calculated under (c) of this section,                                 
     whichever is greater, multiplied by the economic limit factor                                  
     determined for gas production of the lease or property under                                   
     AS 43.55.013. If the amounts calculated under (b) and (c) of this                              
     section are equal, the amount calculated under (b) of this section                             
     shall be treated as if it were the greater for purposes of this                                
     section.                                                                                       
   * Sec. 7. AS 43.55.016(b) is amended to read:                                                  
         (b)  The percentage-of-value amount equals 10 percent of the                               
     gross value at the point of production of the taxable gas produced                             
     from the lease or property in the Cook Inlet sedimentary basin.                            
   * Sec. 8. AS 43.55.016 is amended by adding new subsections to                                 
read:                                                                                               
         (d)  There is levied upon the producer of gas a tax for all gas                            
     produced from each lease or property in the state outside of the                               
     Cook Inlet sedimentary basin, less any gas the ownership or right                              

2006-08-05                     House Journal                      Page 4316
     to which is exempt from taxation. The tax is equal to either the                               
     cents-per-Mcf amount calculated under (c) of this section or the                               
     percentage-of-value amount calculated under (e) of this section,                               
     whichever is greater. If the amounts calculated under (c) and (e) of                           
     this section are equal, the amount calculated under (e) of this                                
     section shall be treated as if it were the greater for purposes of this                        
     section.                                                                                       
         (e)  The percentage-of-value amount equals 10 percent of the                               
     gross value at the point of production of the taxable gas produced                             
     from the lease or property in the state outside of the Cook Inlet                              
     sedimentary basin, as adjusted under AS 43.55.022.                                             
   * Sec. 9. AS 43.55 is amended by adding a new section to read:                                 
         Sec. 43.55.022. Production deduction. (a) A producer of oil                              
     subject to tax using the percentage-of-value amount in                                         
     AS 43.55.011(f) and a producer of gas using the percentage-of-                                 
     value amount in AS 43.55.016(e) may take a deduction against the                               
     gross value at the point of production as provided in this section                             
     before applying the percentage-of-value tax rate.                                              
         (b)  Each operating unit in the state may reduce the volume of                             
     taxable oil and gas produced from the operating unit by 7,500                                  
     barrels of oil equivalent for each day during which oil or gas is                              
     produced from the operating unit. The lessees who are producers                                
     having leases within an operating unit shall allocate the reduction                            
     proportionately to the production in barrels of oil equivalent of oil                          
     and gas produced from the unit and to each producer of oil and gas                             
     in proportion to the interest of the producer in the oil and gas                               
     produced from the unit.                                                                        
         (c)  Each producer of oil and each producer of gas may deduct                              
     the value of the producer's pro rata share of the reduction provided                           
     for in (b) of this section from the gross value at the point of                                
     production of oil and the gross value at the point of production of                            
     gas produced from the unit before applying the applicable                                      
     percentage-of-value tax rate.                                                                  
         (d)  The department may adopt regulations providing for the                                
     allocation of the barrels of oil equivalent production deduction                               
     within an operating unit between the oil and gas produced and                                  
     between producers having an interest in the oil and gas produced                               
     from the operating unit.                                                                       
         (e)  In this section,                                                                      
              (1)  "barrel of oil equivalent" means,                                                

2006-08-05                     House Journal                      Page 4317
                  (A)  one barrel, in the case of oil;                                              
                  (B)  the amount of gas that has an energy content of                              
         6,000,000 British thermal units, in the case of gas;                                       
              (2)  "operating unit" means all or part of an oil or gas                              
     pool, field, or like area that is the subject of a cooperative or unit                         
     plan adopted or operated that is approved by the commissioner of                               
     natural resources under AS 38.05.180(p).                                                       
   * Sec. 10. AS 43.55.025(a) is amended to read:                                                 
         (a)  Subject to the terms and conditions of this section, on oil                           
     and gas produced on or after July 1, 2004, from an oil and gas                                 
     lease, or on gas produced from a gas only lease, a credit against                              
     the production tax due under this chapter is allowed for                                       
              (1)  exploration expenditures that qualify under (b) of this                      
     section in an amount equal to one of the following:                                            
                  (A)  50 [(1) 20] percent of the total exploration                             
         expenditures that qualify only under (b) and (c) of this                                   
         section;                                                                                   
                  (B)  50 [(2) 20] percent of the total exploration                             
         expenditures for work performed before July 1, 2007, and that                              
         qualify only under (b) and (d) of this section;                                            
                  (C)  60 [(3) 40] percent of the total exploration                             
         expenditures that qualify under (b), (c), and (d) of this section;                         
         or                                                                                         
                  (D)  60 [(4) 40] percent of the total exploration                             
         expenditures that qualify only under (b) and (e) of this                                   
         section; and                                                                           
              (2)  25 percent of the actual expenditures directly                               
     related to the drilling of a development well, excluding                                   
     expenditures related to corporate overhead or for facilities                               
     other than the development well.                                                           
   * Sec. 11. AS 43.55.025(b) is amended to read:                                                 
         (b)  To qualify for the production tax credit under (a) of this                            
     section, an exploration expenditure must be incurred for work                                  
     performed on or after July 1, 2003, and before July 1, 2016                                
     [2007], except that an exploration expenditure for a Cook Inlet                                
     prospect must be incurred for work performed on or after July 1,                               
     2005, [AND BEFORE JULY 1, 2010, AND EXCEPT THAT AN                                             
     EXPLORATION EXPENDITURE, IN WHOLE OR IN PART,                                                  
     SOUTH OF 68 DEGREES, 15 MINUTES, NORTH LATITUDE,                                               
     AND NOT PART OF A COOK INLET PROSPECT MUST BE                                                  

2006-08-05                     House Journal                      Page 4318
     INCURRED FOR WORK PERFORMED ON OR AFTER JULY                                                   
     1, 2003, AND BEFORE JULY 1, 2010,] and                                                         
              (1)  may be for seismic or geophysical exploration costs                              
     not connected with a specific well;                                                            
              (2)  if for an exploration well,                                                      
                  (A)  must be incurred by an explorer that holds an                                
         interest in the exploration well for which the production tax                              
         credit is claimed;                                                                         
                  (B)  may be for either an oil or gas discovery well or                            
         a dry hole; and                                                                            
                  (C)  must be for goods, services, or rentals of                                   
         personal property reasonably required for the surface                                      
         preparation, drilling, casing, cementing, and logging of an                                
         exploration well, and, in the case of a dry hole, for the                                  
         expenses required for abandonment if the well is abandoned                                 
           within 18 months after the date the well was spudded;                                   
              (3)  may not be for testing, stimulation, or completion                               
     costs; administration, supervision, engineering, or lease operating                            
     costs; geological or management costs; community relations or                                  
     environmental costs; bonuses, taxes, or other payments to                                      
     governments related to the well; or other costs that are generally                             
     recognized as indirect costs or financing costs; and                                           
              (4)  may not be incurred for an exploration well or                                   
     seismic exploration that is included in a plan of exploration or a                             
     plan of development for any unit on May 13, 2003.                                              
   * Sec. 12. AS 43.55.025(c) is amended to read:                                                 
         (c)  To be eligible for the 50 [20] percent production tax credit                      
     authorized by (a)(1)(A) [(a)(1)] of this section or the 60 [40]                        
     percent production tax credit authorized by (a)(1)(C) [(a)(3)] of                          
     this section, exploration expenditures must                                                    
              (1)  qualify under (b) of this section; and                                           
              (2)  be for an exploration well, subject to the following:                            
                  (A)  for an exploration well other than a well that is                            
         described in (B) of this paragraph, the well must be located                               
         and drilled in such a manner that the bottom hole is located                               
         not less than three miles away from the bottom hole of a                                   
         preexisting suspended, completed, or abandoned oil or gas                                  
         well; in this subparagraph, "preexisting" means a well that                                
         was spudded more than 150 days but less than 35 years before                               
         the exploration well was spudded;                                                          

2006-08-05                     House Journal                      Page 4319
                  (B)  for an exploration well that explores a Cook Inlet                           
         prospect, the well must be located at least three miles from                               
         any other well drilled for oil and gas with all distances                                  
         measured as the horizontal distance between exploration                                    
         targets, except that the exploration well that is located within                           
         three miles of a well drilled for oil and gas qualifies for the                            
         tax credit authorized by this subsection if the exploration well                           
         tests potential hydrocarbon traps that the commissioner of                                 
         natural resources determines, after analyzing evidence                                     
         submitted by the explorer and from other information that the                              
         commissioner of natural resources determines relevant,                                     
         constitute a distinctly separate exploration target.                                       
   * Sec. 13. AS 43.55.025(d) is amended to read:                                                 
         (d)  To be eligible for the 50 [20] percent production tax                             
     credit authorized by (a)(1)(B) [(a)(2)] of this section or the 60 [40]                 
     percent production tax credit authorized by (a)(1)(C) [(a)(3)] of                          
     this section, an exploration expenditure must                                                  
              (1)  qualify under (b) of this section; and                                           
              (2)  be for an exploration well that is located not less than                         
     25 miles outside of the outer boundary, as delineated on July 1,                               
     2003, of any unit that is under a plan of development, except that                             
     for an exploration well for a Cook Inlet prospect to qualify under                             
     this paragraph, the exploration well must be located not less than                             
     10 miles outside the outer boundary, as delineated on July 1, 2003,                            
     of any unit that is under a plan of development.                                               
   * Sec. 14. AS 43.55.025(e) is amended to read:                                                 
         (e)  To be eligible for the 60 [40] percent production tax credit                      
     authorized by (a)(1)(D) [(a)(4)] of this section, the exploration                          
     expenditure must                                                                               
              (1)  qualify under (b) of this section;                                               
              (2)  be for seismic exploration; and                                                  
              (3)  have been conducted outside the boundaries of a                                  
     production unit or an exploration unit; however, the amount of the                             
     expenditure that is otherwise eligible under this subsection is                                
     reduced proportionately by the portion of the seismic exploration                              
     activity that crossed into a production unit or an exploration unit.                           
   * Sec. 15. AS 43.55.025(f) is amended to read:                                                 
         (f)  For a production tax credit under this section,                                       
              (1)  an explorer or person drilling a development well                            
     shall, in a form prescribed by the department and within six                                   

2006-08-05                     House Journal                      Page 4320
     months of the completion of the exploration activity or the                                
     development well, claim the credit and submit information                                  
     sufficient to demonstrate to the department's satisfaction that the                            
     claimed exploration expenditures and development well                                      
     expenditures qualify under this section;                                                       
              (2)  an explorer shall agree, in writing,                                             
                  (A)  to notify the Department of Natural Resources,                               
         within 30 days after completion of seismic or geophysical                                  
         data processing, completion of a well, or filing of a claim for                            
         credit, whichever is the latest, for which exploration costs are                           
         claimed, of the date of completion and submit a report to that                             
         department describing the processing sequence and providing                                
         a list of data sets available; if, under (c)(2)(B) of this section,                        
         an explorer submits a claim for a credit for expenditures for                              
         an exploration well that is located within three miles of a well                           
         already drilled for oil and gas, in addition to the submissions                            
         required under (1) of this subsection, the explorer shall submit                           
         the information necessary for the commissioner of natural                                  
         resources to evaluate the validity of the explorer's claim that                            
         the well is directed at a distinctly separate exploration target,                          
         and the commissioner of natural resources shall, upon receipt                              
         of all evidence sufficient for the commissioner to evaluate the                            
         explorer's claim, make that determination within 60 days;                                  
                  (B)  to provide to the Department of Natural                                      
         Resources, within 30 days after the date of a request, specific                            
         data sets, ancillary data, and reports identified in (A) of this                           
         paragraph;                                                                                 
                  (C)  that, notwithstanding any provision of AS 38,                                
         information provided under this paragraph will be held                                     
         confidential by the Department of Natural Resources for 10                                 
         years following the completion date, at which time that                                    
         department will release the information after 30 days' public                              
         notice;                                                                                    
              (3)  if more than one person [EXPLORER] holds an                                  
     interest in a well, [OR] seismic exploration, or development well                      
     each person [EXPLORER] may claim an amount of credit that is                               
     proportional to the [EXPLORER'S] cost incurred by that person;                             
              (4)  the department may exercise the full extent of its                               
     powers as though the explorer or the person drilling a                                     
     development well were a taxpayer under this title, in order to                             

2006-08-05                     House Journal                      Page 4321
     verify that the claimed expenditures are qualified exploration                                 
     expenditures or development well expenditures under this                                   
     section; and                                                                                   
              (5)  if the department is satisfied that the [EXPLORER'S]                             
     claimed expenditures are qualified under this section, the                                     
     department shall issue to the explorer or person drilling a                                
     development well a production tax credit certificate for the                               
     amount of credit to be allowed against production taxes due under                              
     this chapter; however, notwithstanding any other provision of this                             
     section, the department may not issue [TO AN EXPLORER] a                                       
     production tax credit certificate under this section if the total of                       
     production tax credits submitted for Cook Inlet production, based                              
     on exploration expenditures and development well expenditures                              
     for work performed during the period described in (b) of this                                  
     section for that production, that have been approved by the                                    
     department exceeds $20,000,000.                                                                
   * Sec. 16. AS 43.55.025(g) is amended to read:                                                 
         (g)  A person receiving a production tax credit certificate                            
     under this section [AN EXPLORER] may transfer, convey, or                                  
     sell its production tax credit certificate to any person, and any                              
     person who receives a production tax credit certificate may also                               
     transfer, convey, or sell the certificate.                                                     
   * Sec. 17. AS 43.55.025(j) is amended to read:                                                 
         (j)  Notwithstanding any other provision of this title, of                                 
     AS 31.05, or of AS 40.25.100, the department shall provide to the                              
     Department of Natural Resources information submitted with a                                   
     claim under this section to support the eligibility of an exploration                          
     expenditure or development well expenditure, including seismic                             
     exploration data and well data, and any information described in                               
     (f)(2) of this section received by the department.                                             
   * Sec. 18. AS 43.55.025(k) is amended by adding a new paragraph                                
to read:                                                                                            
              (4)  "development well" means a well drilled to a known                               
     producing formation in a previously discovered field.                                          
   * Sec. 19. AS 43.55.900 is amended by adding a new paragraph to                                
read:                                                                                               
              (17)  "Cook Inlet sedimentary basin" has the meaning                                  
     given in regulations to implement AS 38.05.180(f)(4).                                          
   * Sec. 20. This Act takes effect on July 1, 2009."                                             
                                                                                                    

2006-08-05                     House Journal                      Page 4322
Representative Gardner moved and asked unanimous consent that                                       
Amendment No. 6 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 3001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon                                                 
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                           
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels,                                           
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 7 was offered  by Representatives Croft and                                            
Crawford:                                                                                           
                                                                                                    
Page 13, lines 20 - 23:                                                                             
 Delete all material and insert:                                                                    
          "(c) A credit or portion of a credit under this section                                  
              (1) may not be used to reduce a person's tax liability                                
     under AS 43.55.011(e) for any calendar year below                                              
                  (A) four percent of the gross value at the point of                               
         production for oil and gas produced in the state lying north of                            
         68 degrees North latitude for producer of more than 75,000                                 
         barrels of oil equivalent a day; or                                                        
                  (B) zero for all regions and producers other than                                 
         those described in (A) of this paragraph; and                                              
              (2) not used under (1) of this subsection may be applied                              
     in a later calendar year."                                                                     
                                                                                                    

2006-08-05                     House Journal                      Page 4323
Page 27, line 19:                                                                                   
 Delete "zero"                                                                                      
 Insert "four percent of the gross value at the point of production                                 
for oil and gas produced in the state north of 68 degrees North latitude                            
of more than 75,000 barrels of oil equivalent a day, or less than zero                              
for all other regions and producers in the state"                                                   
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 7 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 3001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 7                                                                                     
                                                                                                    
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon                                                 
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                           
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels,                                           
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
And so, Amendment No. 7 was not adopted.                                                            
                                                                                                    
Amendment No. 8 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 32, line 29, following "AS 38.05.132":                                                         
 Delete "."                                                                                         
 Insert ";"                                                                                         
                                                                                                    
Page 32, following line 29:                                                                         
 Insert a new paragraph to read:                                                                    
              "(19)  costs of lobbying and advertising."                                            
                                                                                                    

2006-08-05                     House Journal                      Page 4324
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 8 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 8 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 3001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 8                                                                                     
                                                                                                    
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gatto,                                    
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon                                      
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Harris,                              
Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire,                                          
Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                   
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
And so, Amendment No. 8 was not adopted.                                                            
                                                                                                    
Representative Croft lifted the call.