Legislature(2005 - 2006)

2005-01-12 House Journal

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2005-01-12                     House Journal                      Page 0058
HB 71                                                                                             
HOUSE BILL NO. 71 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to a credit for certain exploration expenses                                  
     against oil and gas properties production taxes on oil and gas                                 
     produced from a lease or property in the state; relating to the                                
     deadline for certain exploration expenditures used as credits                                  
     against production tax on oil and gas produced from a lease or                                 
     property in the Alaska Peninsula competitive oil and gas areawide                              
     lease sale area after July 1, 2004; and providing for an effective                             
     date."                                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Ways & Means, the House Special Committee on Oil & Gas and the                                      
Resources and Finance Committees.                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Natural Resources                                                       
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
The Governor's transmittal letter dated January 11, 2005, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to a credit for certain exploration expenses                           

2005-01-12                     House Journal                      Page 0059
against oil and gas properties production taxes on oil and gas produced                             
from a lease or property in the state and relating to the deadline for                              
certain exploration expenditures used as credits against production tax                             
on oil and gas produced from a lease or property in the Alaska                                      
Peninsula competitive oil and gas areawide lease sale area after July 1,                            
2004.                                                                                               
                                                                                                    
The Bristol Bay area is one of the largest onshore tracts in Alaska to                              
potentially open for oil and gas leasing in the last 20 years.  The                                 
northerly portion of the basin is believed to be gas prone.  Extending                              
the timeframe for exploration incentives will benefit the residents of                              
the region with the potential for a natural gas supply that could lower                             
their fishing costs, provide heat for their homes and result in less                                
expensive power.                                                                                    
                                                                                                    
In the interest of providing tax incentives to encourage exploration in                             
Alaska, new AS 43.55.025, which allows oil producers to credit                                      
exploration expenditures against production tax on oil and gas                                      
produced after July 1, 2004, was added in the 2003 session  (HCS                                    
CSSB 185(O&G) am H; ch. 59, SLA 2003 (effective September 9,                                        
2003)).                                                                                             
                                                                                                    
In order to qualify for the production tax credit under that statute,                               
exploration expenditures must be incurred on or after July 1, 2003, and                             
before July 1, 2007.  It has become apparent that the July 1, 2007,                                 
deadline will come too soon for oil producers that obtain leases in the                             
proposed Bristol Bay (Alaska Peninsula) Competitive Oil and Gas                                     
Areawide Lease Sale Area described in ch. 9, SLA 2004 (which took                                   
effect March 18, 2004).  In this proposed lease sale area, the                                      
Department of Natural Resources anticipates that leases would not be                                
issued until the spring of 2006.  Given this timetable, it is likely that                           
exploration expenditures on these leases would occur after July 1,                                  
2007, in which case they could not be credited against future                                       
production taxes.                                                                                   
                                                                                                    
In order to provide similar tax incentives to the bidders on these                                  
proposed oil and gas leases, this bill would extend the deadline for                                
exploration expenditures in the proposed Bristol Bay (Alaska                                        
Peninsula) competitive oil and gas areawide lease sale area to July 1,                              
2010.  This bill also would make some minor technical changes to AS                                 

2005-01-12                     House Journal                      Page 0060
43.55.025 to clarify the intent and harmonize terms used in that                                    
recently enacted section.                                                                           
                                                                                                    
I urge your support of this important legislation.                                                  
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"