Legislature(2013 - 2014)

2013-04-13 House Journal

Full Journal pdf

2013-04-13                     House Journal                      Page 1187
SB 21                                                                                                                         
The following, which was advanced to third reading from the April 12,                                                           
2013, calendar (page 1130), was read the third time:                                                                            
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 21(FIN)                                                                                
     "An Act relating to the interest rate applicable to certain amounts                                                        
     due for fees, taxes, and payments made and property delivered to                                                           
     the Department of Revenue; relating to appropriations from taxes                                                           
     paid under the Alaska Net Income Tax Act; providing a tax credit                                                           
     against the corporation income tax for qualified oil and gas service                                                       
     industry expenditures; relating to the oil and gas production tax                                                          
     rate; relating to gas used in the state; relating to monthly                                                               
     installment payments of the oil and gas production tax; relating to                                                        
     oil and gas production tax credits for certain losses and                                                                  
     expenditures; relating to oil and gas production tax credit                                                                
     certificates; relating to nontransferable tax credits based on                                                             
     production; relating to the oil and gas tax credit fund; relating to                                                       
     annual statements by producers and explorers; establishing an Oil                                                          
     and Gas Competitiveness Review Board; relating to the                                                                      
     determination of annual oil and gas production tax value including                                                         
     adjustments based on a percentage of gross value at the point of                                                           
     production from certain leases or properties; and making                                                                   
     conforming amendments."                                                                                                    
                                                                                                                                

2013-04-13                     House Journal                      Page 1188
Representative Thompson moved and asked unanimous consent that                                                                  
HCS CSSB 21(FIN) be returned to second reading for the specific                                                                 
purpose of considering Amendment No. 1.  There being no objection,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
The Speaker stated that, without objection, HCS CSSB 21(FIN) would                                                              
be returned to second reading for Amendment Nos. 1-12.                                                                          
                                                                                                                                
Amendment No. 1 was offered  by Representatives Thompson,                                                                        
Costello, Feige, and Kawasaki:                                                                                                  
                                                                                                                                
Page 19, line 21:                                                                                                               
     Delete "(a)(5), (6), or (7) [(a)]"                                                                                     
     Insert "(a)"                                                                                                               
                                                                                                                                
Page 19, lines 23 - 25:                                                                                                         
     Delete "or, for work qualifying under (a)(1), (2), (3), or (4) of                                                      
this section, for work performed in an area outside of the Cook                                                             
Inlet sedimentary basin and south of 68 degrees North latitude,"                                                            
     Insert "except that to qualify for the production tax credit                                                           
under (a)(1), (2), (3), or (4) of this section for exploration                                                              
conducted outside of the Cook Inlet sedimentary basin and south                                                             
of 68 degrees North latitude, an exploration expenditure must be                                                            
incurred for work performed"                                                                                                
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 was adopted.                                                                                                    
                                                                                                                                
Amendment No. 2 was offered  by Representatives Seaton, Munoz,                                                                   
Kawasaki, and Gara:                                                                                                             
                                                                                                                                
Page 2, line 1, following "properties;" (title amendment):                                                                    
     Insert "relating to the additional conservation surcharge on                                                             
oil;"                                                                                                                         
                                                                                                                                
Page 26, following line 16:                                                                                                     
     Insert a new bill section to read:                                                                                         

2013-04-13                     House Journal                      Page 1189
   "* Sec. 30. AS 43.55.300(a) is amended to read:                                                                            
         (a)  Every producer of oil shall pay a surcharge of $.07 for                                                       
     each [$.04 PER] barrel of oil produced from each lease or                                                              
     property in the state, less any oil the ownership or right to which is                                                     
     exempt from taxation."                                                                                                     
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 30, line 11:                                                                                                               
     Delete "sec. 31"                                                                                                           
     Insert "sec. 32"                                                                                                           
                                                                                                                                
Page 32, line 15:                                                                                                               
     Delete "32"                                                                                                                
     Insert "33"                                                                                                                
                                                                                                                                
Representative Seaton moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Stoltze objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 21(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Drummond, Edgmon, Gara, Gruenberg, Herron, Josephson,                                                                    
Kawasaki, Kerttula, Kreiss-Tomkins, Munoz, Seaton, Tarr, Tuck,                                                                  
P.Wilson                                                                                                                        
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker,                                                            
Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn,                                                               
Millett, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson,                                                           
T.Wilson                                                                                                                        
                                                                                                                                
Excused:  Guttenberg, Nageak                                                                                                    
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                

2013-04-13                     House Journal                      Page 1190
Amendment No. 3 was offered  by Representatives Seaton and                                                                       
Edgmon:                                                                                                                         
                                                                                                                                
Page 17, line 26, through page 18, line 28:                                                                                     
     Delete all material and insert:                                                                                            
         "(j)  For each month of the calendar year for which a                                                                  
     producer's average monthly gross value at the point of production                                                          
     of a barrel of taxable oil and gas is less than $150, a producer may                                                       
     apply against the producer's tax liability for the calendar year                                                           
     under AS 43.55.011(e) a tax credit in the amount specified in this                                                         
     subsection for each barrel of taxable oil under AS 43.55.011(e)                                                            
     that does not meet any of the criteria in AS 43.55.160(f) and that                                                         
     is produced during a calendar year after December 31, 2013, from                                                           
     leases or properties north of 68 degrees North latitude. A tax                                                             
     credit under this section may not reduce a producer's tax liability                                                        
     for a calendar year under AS 43.55.011(e) below zero. The                                                                  
     amount of the tax credit for a barrel of taxable oil subject to this                                                       
     subsection is                                                                                                              
              (1)  if the producer's average monthly gross value at the                                                         
     point of production of a barrel of taxable oil and gas is less than or                                                     
     equal to $100, $5 for each barrel of taxable oil; or                                                                       
              (2)  if the producer's average monthly gross value at the                                                         
     point of production of a barrel of taxable oil and gas is more than                                                        
     $100 and less than $150, $5 for each barrel of taxable oil, reduced                                                        
     by one-tenth of the difference between that average monthly gross                                                          
     value at the point of production of a barrel of oil and $100."                                                             
                                                                                                                                
Representative Seaton moved and asked unanimous consent that                                                                    
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Feige objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 21(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                

2013-04-13                     House Journal                      Page 1191
Yeas:  Austerman, Drummond, Edgmon, Foster, Gara, Gruenberg,                                                                    
Herron, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, Munoz,                                                                   
Seaton, Tarr, Tuck                                                                                                              
                                                                                                                                
Nays:  Chenault, Costello, Feige, Gattis, Hawker, Higgins, Holmes,                                                              
Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Neuman,                                                               
Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, P.Wilson,                                                                  
T.Wilson                                                                                                                        
                                                                                                                                
Excused:  Guttenberg, Nageak                                                                                                    
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representatives Seaton and                                                                       
Kawasaki:                                                                                                                       
                                                                                                                                
Page 25, line 18, through page 26, line 4:                                                                                      
     Delete all material and insert:                                                                                            
         "(f)  Except as provided in (g) of this section, on and after                                                          
     January 1, 2014, in the calculation of an annual production tax                                                            
     value of a producer under (a)(1) of this section, the gross value at                                                       
     the point of production of oil or gas meeting one or more of the                                                           
     following criteria is reduced by 20 percent:                                                                               
              (1)  the oil or gas is produced from a lease or property                                                          
     that does not contain a lease that was within a unit on January 1,                                                         
     2003;                                                                                                                      
              (2)  the oil or gas is produced from a participating area                                                         
     established after December 31, 2011, that is within a unit formed                                                          
     under AS 38.05.180(p) before January 1, 2003, if the participating                                                         
     area does not contain a reservoir that had previously been in a                                                            
     participating area established before December 31, 2011;                                                                   
              (3)  the oil or gas is produced from acreage that was                                                             
     added to an existing participating area by the Department of                                                               
     Natural Resources on and after January 1, 2014, and the producer                                                           
     demonstrates to the department that the volume of oil or gas                                                               
     produced is from acreage added to an existing participating area.                                                          
         (g)  A reduction under (f) of this section may not reduce the                                                          
     gross value at the point of production below zero."                                                                        
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                

2013-04-13                     House Journal                      Page 1192
Page 26, following line 16:                                                                                                     
     Insert a new subsection to read:                                                                                           
         "(i)  In this section, "participating area" means a reservoir or                                                       
     portion of a reservoir producing or contributing to production as                                                          
     approved by the Department of Natural Resources."                                                                          
                                                                                                                                
Page 29, following line 24:                                                                                                     
     Insert new bill sections to read:                                                                                          
   "* Sec. 34. AS 43.55.024(j) is repealed January 1, 2019.                                                                   
   * Sec. 35. AS 43.55.160(f)(3) is repealed January 1, 2021."                                                                
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                
Page 30, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
   "* Sec. 41. The uncodified law of the State of Alaska is amended by                                                        
adding a new section to read:                                                                                                   
     CONDITIONAL EFFECT. (a) Section 34 of this Act takes effect                                                                
only if the volume of oil production for calendar year 2018 does not                                                            
exceed the volume of oil produced for calendar year 2012. The                                                                   
commissioner of natural resources shall notify the lieutenant governor                                                          
and the revisor of statutes before January 1, 2019, or as soon as                                                               
practicable thereafter, if the volume of oil production for calendar year                                                       
2018 is greater than the volume of oil produced during calendar year                                                            
2012.                                                                                                                           
     (b)  Section 35 of this Act takes effect only if the volume of oil                                                         
production for calendar year 2020 does not exceed the volume of oil                                                             
produced for calendar year 2012. The commissioner of natural                                                                    
resources shall notify the lieutenant governor and the revisor of                                                               
statutes before January 1, 2021, or as soon as practicable thereafter, if                                                       
the volume of oil production for calendar year 2020 is greater than the                                                         
volume of oil produced during calendar year 2012."                                                                              
                                                                                                                                
                                                                                                                                
Representative Seaton moved and asked unanimous consent that                                                                    
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Costello objected.                                                                                               
                                                                                                                                

2013-04-13                     House Journal                      Page 1193
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 21(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  22   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Austerman, Drummond, Edgmon, Foster, Gara, Gruenberg,                                                                    
Herron, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, Munoz,                                                                   
Seaton, Tarr, Tuck, P.Wilson                                                                                                    
                                                                                                                                
Nays:  Chenault, Costello, Feige, Gattis, Hawker, Higgins, Holmes,                                                              
Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Neuman,                                                               
Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, T.Wilson                                                                   
                                                                                                                                
Excused:  Guttenberg, Nageak                                                                                                    
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was offered  by Representatives Gara, Kerttula,                                                                  
Tuck, Kawasaki, Tarr, Gruenberg, Josephson, Drummond, and                                                                       
Kreiss-Tomkins:                                                                                                                 
                                                                                                                                
Page 1, line 1, through page 2, line 2 (title amendment):                                                                       
     Delete all material and insert:                                                                                            
""An Act relating to the oil and gas production tax; relating to oil                                                          
and gas production tax credits; amending the minimum tax on oil                                                               
and gas production; relating to the determination of the                                                                      
production tax value of oil and gas; relating to the financing of oil                                                         
processing facilities on the North Slope by the Alaska Industrial                                                             
Development and Export Authority; and providing for an effective                                                              
date.""                                                                                                                       
                                                                                                                                
Page 2, line 4, through page 30, line 17:                                                                                       
     Delete all material and insert:                                                                                            
"* Section 1. AS 43.55.011(e) is amended to read:                                                                             
         (e)  There is levied on the producer of oil or gas a tax for all                                                       
     oil and gas produced each calendar year from each lease or                                                                 
     property in the state, less any oil and gas the ownership or right to                                                      
     which is exempt from taxation or constitutes a landowner's royalty                                                         
     interest. Except as otherwise provided under (f), (j), (k), (o), and                                                       

2013-04-13                     House Journal                      Page 1194
     (p) of this section, the tax is equal to the sum of                                                                        
              (1)  the annual production tax value of the taxable oil and                                                       
     gas as calculated under AS 43.55.160(a)(1), as adjusted by                                                             
     AS 43.55.162, multiplied by 25 percent; and                                                                            
              (2)  the sum, over all months of the calendar year, of the                                                        
     tax amounts determined under (g) of this section.                                                                          
   * Sec. 2. AS 43.55.011(f) is repealed and reenacted to read:                                                               
         (f)  Except for oil and gas subject to (i) of this section and gas                                                     
     subject to (o) of this section, the provisions of this subsection                                                          
     apply to oil and gas produced from each lease or property within a                                                         
     unit or nonunitized reservoir that has cumulatively produced                                                               
     1,000,000,000 BTU equivalent barrels of oil or gas by the close of                                                         
     the most recent calendar year and from which the average daily oil                                                         
     and gas production from the unit or nonunitized reservoir during                                                           
     the most recent calendar year exceeded 100,000 BTU equivalent                                                              
     barrels. Notwithstanding any contrary provision of law, a producer                                                         
     may not apply tax credits to reduce its total tax liability under (e)                                                      
     and (g) of this section for oil and gas produced from all leases or                                                        
     properties within the unit or nonunitized reservoir below 10                                                               
     percent of the total gross value at the point of production of that                                                        
     oil and gas. If the amount of tax calculated by multiplying the tax                                                        
     rates in (e) and (g) of this section by the total production tax value                                                     
     of the oil and gas taxable under (e) and (g) of this section                                                               
     produced from all of the producer's leases or properties within the                                                        
     unit or nonunitized reservoir is less than 10 percent of the total                                                         
     gross value at the point of production of that oil and gas, the tax                                                        
     levied by (e) and (g) of this section for that oil and gas is equal to                                                     
     10 percent of the total gross value at the point of production of                                                          
     that oil and gas.                                                                                                          
   * Sec. 3. AS 43.55.011(g) is amended to read:                                                                              
         (g)  For each month of the calendar year for which the                                                                 
     producer's average monthly production tax value under                                                                      
     AS 43.55.160(a)(2) of a [PER] BTU equivalent barrel of the                                                             
     taxable oil and gas is more than $30, the amount of tax for                                                                
     purposes of (e)(2) of this section is determined by multiplying the                                                        
     monthly production tax value of the taxable oil and gas produced                                                           
     during the month, as adjusted by AS 43.55.162, by the tax rate                                                         
     calculated as follows:                                                                                                     
              (1)  if the producer's average monthly production tax                                                             
     value of a [PER] BTU equivalent barrel of the taxable oil and gas                                                      

2013-04-13                     House Journal                      Page 1195
     for the month is not more than $60 [$92.50], the tax rate is 0.4                                                       
     percent multiplied by the number that represents the difference                                                            
     between that average monthly production tax value of a [PER]                                                           
     BTU equivalent barrel and $30; or                                                                                          
              (2)  if the producer's average monthly production tax                                                             
     value of a [PER] BTU equivalent barrel of the taxable oil and gas                                                      
     for the month is more than $60 [$92.50], the tax rate is the sum of                                                    
     12 [25] percent and the product of 0.25 [0.1] percent multiplied by                                                
     the number that represents the difference between the average                                                              
     monthly production tax value of a [PER] BTU equivalent barrel                                                          
     and $60 [$92.50], except that the sum determined under this                                                            
     paragraph may not exceed 30 [50] percent.                                                                              
   * Sec. 4. AS 43.55.020(a) is amended to read:                                                                              
         (a)  For a calendar year, a producer subject to tax under                                                              
     AS 43.55.011(e) - (i) or (p) shall pay the tax as follows:                                                                 
              (1)  an installment payment of the estimated tax levied by                                                        
     AS 43.55.011(e), net of any tax credits applied as allowed by law,                                                         
     is due for each month of the calendar year on the last day of the                                                          
     following month; except as otherwise provided under (2) of this                                                            
     subsection, the amount of the installment payment is the sum of                                                            
     the following amounts, less 1/12 of the tax credits that are allowed                                                       
     by law to be applied against the tax levied by AS 43.55.011(e) for                                                         
     the calendar year, but the amount of the installment payment may                                                           
     not be less than zero:                                                                                                     
                  (A)  for oil and gas produced from leases or                                                                  
         properties in the state outside the Cook Inlet sedimentary                                                             
         basin but not subject to AS 43.55.011(o) or (p), other than                                                            
         leases or properties subject to AS 43.55.011(f), the greater of                                                        
                       (i)  zero; or                                                                                            
                       (ii)  the sum of 25 percent and the tax rate                                                             
              calculated for the month under AS 43.55.011(g)                                                                    
              multiplied by the remainder obtained by subtracting 1/12                                                          
              of the producer's adjusted lease expenditures for the                                                             
              calendar year of production under AS 43.55.165 and                                                                
              43.55.170 that are deductible for the leases or properties                                                        
              under AS 43.55.160 and 1/12 of the adjustment to                                                              
              production tax value for the calendar year under                                                              
              AS 43.55.162 from the gross value at the point of                                                             
              production of the oil and gas produced from the leases or                                                         
              properties during the month for which the installment                                                             

2013-04-13                     House Journal                      Page 1196
              payment is calculated;                                                                                            
                  (B)  for oil and gas produced from leases or                                                                  
         properties subject to AS 43.55.011(f), 10 percent of the gross                                                     
         value at the point of production of that oil and gas [THE                                                          
         GREATEST OF                                                                                                            
                       (i)  ZERO;                                                                                               
                       (ii)  ZERO PERCENT, ONE PERCENT, TWO                                                                     
              PERCENT, THREE PERCENT, OR FOUR PERCENT,                                                                          
              AS APPLICABLE, OF THE GROSS VALUE AT THE                                                                          
              POINT OF PRODUCTION OF THE OIL AND GAS                                                                            
              PRODUCED FROM ALL LEASES OR PROPERTIES                                                                            
              DURING THE MONTH FOR WHICH THE                                                                                    
              INSTALLMENT PAYMENT IS CALCULATED; OR                                                                             
                       (iii)  THE SUM OF 25 PERCENT AND THE                                                                     
              TAX RATE CALCULATED FOR THE MONTH                                                                                 
              UNDER AS 43.55.011(g) MULTIPLIED BY THE                                                                           
              REMAINDER OBTAINED BY SUBTRACTING 1/12                                                                            
              OF THE PRODUCER'S ADJUSTED LEASE                                                                                  
              EXPENDITURES FOR THE CALENDAR YEAR OF                                                                             
              PRODUCTION UNDER AS 43.55.165 AND 43.55.170                                                                       
              THAT ARE DEDUCTIBLE FOR THOSE LEASES OR                                                                           
              PROPERTIES UNDER AS 43.55.160 FROM THE                                                                            
              GROSS VALUE AT THE POINT OF PRODUCTION                                                                            
              OF THE OIL AND GAS PRODUCED FROM THOSE                                                                            
              LEASES OR PROPERTIES DURING THE MONTH                                                                             
              FOR WHICH THE INSTALLMENT PAYMENT IS                                                                              
              CALCULATED];                                                                                                      
                  (C)  for oil and gas produced from each lease or                                                              
         property subject to AS 43.55.011(j), (k), (o), or (p), the                                                             
         greater of                                                                                                             
                       (i)  zero; or                                                                                            
                       (ii)  the sum of 25 percent and the tax rate                                                             
              calculated for the month under AS 43.55.011(g)                                                                    
              multiplied by the remainder obtained by subtracting 1/12                                                          
              of the producer's adjusted lease expenditures for the                                                             
              calendar year of production under AS 43.55.165 and                                                                
              43.55.170 that are deductible under AS 43.55.160 and                                                          
              1/12 of the adjustment to production tax value for the                                                        
              calendar year under AS 43.55.162 for oil or gas, as                                                       
              applicable [RESPECTIVELY], produced from the lease                                                            

2013-04-13                     House Journal                      Page 1197
              or property from the gross value at the point of                                                                  
              production of the oil or gas, as applicable                                                                   
              [RESPECTIVELY], produced from the lease or property                                                               
              during the month for which the installment payment is                                                             
              calculated;                                                                                                       
              (2)  an amount calculated under (1)(C) of this subsection                                                         
     for oil or gas produced from a lease or property                                                                           
                  (A)  subject to AS 43.55.011(j), (k), or (o) may not                                                          
         exceed the product obtained by carrying out the calculation                                                            
         set out in AS 43.55.011(j)(1) or (2) or 43.55.011(o), as                                                               
         applicable, for gas or set out in AS 43.55.011(k)(1) or (2), as                                                        
         applicable, for oil, but substituting in AS 43.55.011(j)(1)(A)                                                         
         or (2)(A) or 43.55.011(o), as applicable, the amount of taxable                                                        
         gas produced during the month for the amount of taxable gas                                                            
         produced during the calendar year and substituting in                                                                  
         AS 43.55.011(k)(1)(A) or (2)(A), as applicable, the amount of                                                          
         taxable oil produced during the month for the amount of                                                                
         taxable oil produced during the calendar year;                                                                         
                  (B)  subject to AS 43.55.011(p) may not exceed four                                                           
         percent of the gross value at the point of production of the oil                                                       
         or gas;                                                                                                                
              (3)  an installment payment of the estimated tax levied by                                                        
     AS 43.55.011(i) for each lease or property is due for each month                                                           
     of the calendar year on the last day of the following month; the                                                           
     amount of the installment payment is the sum of                                                                            
                  (A)  the applicable tax rate for oil provided under                                                           
         AS 43.55.011(i), multiplied by the gross value at the point of                                                         
         production of the oil taxable under AS 43.55.011(i) and                                                                
         produced from the lease or property during the month; and                                                              
                  (B)  the applicable tax rate for gas provided under                                                           
         AS 43.55.011(i), multiplied by the gross value at the point of                                                         
         production of the gas taxable under AS 43.55.011(i) and                                                                
           produced from the lease or property during the month;                                                               
              (4)  any amount of tax levied by AS 43.55.011(e) or (i),                                                          
     net of any credits applied as allowed by law, that exceeds the total                                                       
     of the amounts due as installment payments of estimated tax is                                                             
     due on March 31 of the year following the calendar year of                                                                 
     production.                                                                                                                
   * Sec. 5. AS 43.55.024(d) is amended to read:                                                                              
                                                                                                                                

2013-04-13                     House Journal                      Page 1198
         (d)  A producer may not take a tax credit under (c) of this                                                            
     section for any calendar year after the later of                                                                           
              (1)  2022 [2016]; or                                                                                          
              (2)  if the producer did not have commercial oil or gas                                                           
     production from a lease or property in the state before April 1,                                                           
     2006, the ninth calendar year after the calendar year during which                                                         
     the producer first has commercial oil or gas production before                                                             
     May 1, 2016, from at least one lease or property in the state.                                                             
   * Sec. 6. AS 43.55 is amended by adding a new section to read:                                                             
         Sec. 43.55.026. Heavy oil research and development tax                                                               
     credit. (a) A taxpayer may apply 20 percent of the taxpayer's                                                            
     expenditure attributable to this state for research and development                                                        
     related to improving methods of producing heavy oil in the state                                                           
     for the taxable year that exceeds the base amount, but not to                                                              
     exceed $10,000,000, as a credit against the state tax liability                                                            
     imposed on the taxpayer under this chapter.                                                                                
         (b)  Research and development expenditures in this section                                                             
     are attributable to this state if the research and development is                                                          
     being conducted in this state or the payroll of employees                                                                  
     conducting the research and development is in this state. In this                                                          
     subsection, payroll of an employee is in this state if compensation                                                        
     is paid to an employee in this state and reported as paid in this                                                          
     state in the quarterly contribution report under AS 23.20 to the                                                           
     Department of Labor and Workforce Development.                                                                             
         (c)  If the tax credit under this section exceeds the taxpayer's                                                       
     tax liability after other tax credits are taken under this chapter for                                                     
     the year in which the expenditure is incurred, the excess of the tax                                                       
     credit over the liability may be carried forward for up to seven                                                           
     years. If an unused credit is carried forward to a tax year from an                                                        
     earlier year, the credit arising in the earliest year is applied first                                                     
     against the tax liability for the year.                                                                                    
         (d)  A person may not claim a credit under this section for                                                            
     research and development expenditures that were deducted in the                                                            
     calculation of tax liability under AS 43.55.011(e).                                                                        
         (e)  Each year, if three or more taxpayers claim the credit                                                            
     authorized under this section during the immediately preceding                                                             
     year, the department shall report to the legislature the number of                                                         
     taxpayers who claimed credits under this section in the prior year,                                                        
     the total cumulative amount of credits granted to all taxpayers                                                            
     under this section for the prior tax year, a description of the                                                            

2013-04-13                     House Journal                      Page 1199
     research and development projects for which the credit was                                                                 
     granted, and the total cumulative number of employees conducting                                                           
     the research and development for which all taxpayers claim the                                                             
     credit.                                                                                                                    
         (f)  The commissioner shall establish in regulation a method                                                           
     for apportioning research expenditures of a producer related to                                                            
     heavy oil production in and outside of the state. When developing                                                          
     the regulations, the commissioner may consider the relative                                                                
     amounts of heavy oil the producer is seeking to produce in areas                                                           
     in and outside of the state or consider another reasonable basis on                                                        
     which fairly to apportion costs for research related to in-state oil                                                       
     production and oil produced outside of the state.                                                                          
         (g)  In this section, "base amount" means the average of                                                               
     research and development expenditures related to improving                                                                 
     methods of producing heavy oil and attributable to this state for                                                          
     the three tax years immediately preceding the taxable year for                                                             
     which the credit is being claimed.                                                                                         
   * Sec. 7. AS 43.55.030(a) is amended to read:                                                                              
         (a)  A producer that produces oil or gas from a lease or                                                               
     property in the state during a calendar year, whether or not any tax                                                       
     payment is due under AS 43.55.020(a) for that oil or gas, shall file                                                       
     with the department on March 31 of the following year a                                                                    
     statement, under oath, in a form prescribed by the department,                                                             
     giving, with other information required by the department under                                                        
     a regulation adopted by the department, the following:                                                                 
              (1)  a description of each lease or property from which oil                                                       
     or gas was produced, by name, legal description, lease number, or                                                          
     accounting codes assigned by the department;                                                                               
              (2)  the names of the producer and, if different, the person                                                      
     paying the tax, if any;                                                                                                    
              (3)  the gross amount of oil and the gross amount of gas                                                          
     produced from each lease or property, and the percentage of the                                                            
     gross amount of oil and gas owned by the producer;                                                                         
              (4)  the gross value at the point of production of the oil                                                        
     and of the gas produced from each lease or property owned by the                                                           
     producer and the costs of transportation of the oil and gas;                                                               
              (5)  the name of the first purchaser and the price received                                                       
     for the oil and for the gas, unless relieved from this requirement in                                                      
     whole or in part by the department;                                                                                        
              (6)  the producer's qualified capital expenditures, as                                                            

2013-04-13                     House Journal                      Page 1200
     defined in AS 43.55.023, other lease expenditures under                                                                    
     AS 43.55.165, and adjustments or other payments or credits under                                                           
     AS 43.55.170;                                                                                                              
              (7)  the production tax values of the oil and gas under                                                           
     AS 43.55.160;                                                                                                              
              (8)  any claims for tax credits to be applied; [AND]                                                              
              (9)  calculations showing the amounts, if any, that were or                                                       
     are due under AS 43.55.020(a) and interest on any underpayment                                                             
     or overpayment; and                                                                                                    
              (10)  for each expenditure that is the basis for a credit                                                     
     claimed under AS 43.55.023 or 43.55.025, a description of the                                                          
     expenditure, a detailed description of the purpose of the                                                              
     expenditure, and a description of the lease or property for                                                            
     which the expenditure was incurred; notwithstanding                                                                    
     AS 40.25.100(a) and AS 43.05.230(a), information submitted                                                             
     under this paragraph may be disclosed to the public and shall                                                          
     be disclosed to the legislature in a report submitted within 10                                                        
     days after the convening of the next regular legislative session                                                       
     following the date a statement is filed under this section.                                                            
   * Sec. 8. AS 43.55.030(e) is amended to read:                                                                              
         (e)  An explorer or producer that incurs a lease expenditure                                                           
     under AS 43.55.165 or receives a payment or credit under                                                                   
     AS 43.55.170 during a calendar year but does not produce oil or                                                            
     gas from a lease or property in the state during the calendar year                                                         
     shall file with the department on March 31 of the following year a                                                         
     statement, under oath, in a form prescribed by the department,                                                             
     giving, with other information required by the department under                                                        
     a regulation adopted by the department, the following:                                                                 
              (1)  the producer's qualified capital expenditures, as                                                            
     defined in AS 43.55.023, other lease expenditures under                                                                    
     AS 43.55.165, and adjustments or other payments or credits under                                                           
     AS 43.55.170; [AND]                                                                                                        
              (2)  if the explorer or producer receives a payment or                                                            
     credit under AS 43.55.170, calculations showing whether the                                                                
     explorer or producer is liable for a tax under AS 43.55.160(d) or                                                          
     43.55.170(b) and, if so, the amount; and                                                                               
              (3)  for each expenditure that is the basis for a credit                                                      
     claimed under this chapter, a description of the expenditure, a                                                        
     detailed description of the purpose of the expenditure, and a                                                          
     description of the lease or property for which the expenditure                                                         

2013-04-13                     House Journal                      Page 1201
     was incurred; notwithstanding AS 40.25.100(a) and                                                                      
     AS 43.05.230(a), information submitted under this paragraph                                                            
     may be disclosed to the public and shall be disclosed to the                                                           
     legislature in a report submitted within 10 days after the                                                             
     convening of the next regular legislative session following the                                                        
     date a statement is filed under this section.                                                                          
   * Sec. 9. AS 43.55.160(a) is amended to read:                                                                              
         (a)  Except as provided in (b) of this section, and subject to                                                     
     adjustment under AS 43.55.162, for the purposes of                                                                     
              (1)  AS 43.55.011(e), the annual production tax value of                                                          
     the taxable oil, gas, or oil and gas subject to this paragraph                                                             
     produced during a calendar year is the gross value at the point of                                                         
     production of the oil, gas, or oil and gas taxable under                                                                   
     AS 43.55.011(e), less the producer's lease expenditures under                                                              
     AS 43.55.165 for the calendar year applicable to the oil, gas, or oil                                                      
     and gas, as applicable, produced by the producer from leases or                                                            
     properties, as adjusted under AS 43.55.170; this paragraph applies                                                         
     to                                                                                                                         
                  (A)  oil and gas produced from leases or properties in                                                        
         the state that include land north of 68 degrees North latitude,                                                        
         other than gas produced before 2022 and used in the state;                                                             
                  (B)  oil and gas produced from leases or properties in                                                        
         the state outside the Cook Inlet sedimentary basin, no part of                                                         
         which is north of 68 degrees North latitude; this subparagraph                                                         
         does not apply to gas                                                                                                  
                       (i)  produced before 2022 and used in the state;                                                         
              or                                                                                                                
                       (ii)  oil and gas subject to AS 43.55.011(p);                                                            
                  (C)  oil produced before 2022 from a lease or                                                                 
         property in the Cook Inlet sedimentary basin;                                                                          
                  (D)  gas produced before 2022 from a lease or                                                                 
         property in the Cook Inlet sedimentary basin;                                                                          
                  (E)  gas produced before 2022 from a lease or                                                                 
         property in the state outside the Cook Inlet sedimentary basin                                                         
         and used in the state;                                                                                                 
                  (F)  oil and gas subject to AS 43.55.011(p) produced                                                          
         from leases or properties in the state;                                                                                
                  (G)  oil and gas produced from a lease or property no                                                         
         part of which is north of 68 degrees North latitude, other than                                                        
         oil or gas described in (B), (C), (D), (E), or (F) of this                                                             

2013-04-13                     House Journal                      Page 1202
         paragraph;                                                                                                             
              (2)  AS 43.55.011(g), the monthly production tax value of                                                         
     the taxable                                                                                                                
                  (A)  oil and gas produced during a month from leases                                                          
         or properties in the state that include land north of 68 degrees                                                       
         North latitude is the gross value at the point of production of                                                        
         the oil and gas taxable under AS 43.55.011(e) and produced                                                             
         by the producer from those leases or properties, less 1/12 of                                                          
         the producer's lease expenditures under AS 43.55.165 for the                                                           
         calendar year applicable to the oil and gas produced by the                                                            
         producer from those leases or properties, as adjusted under                                                            
         AS 43.55.170; this subparagraph does not apply to gas subject                                                          
         to AS 43.55.011(o);                                                                                                    
                  (B)  oil and gas produced during a month from leases                                                          
         or properties in the state outside the Cook Inlet sedimentary                                                          
         basin, no part of which is north of 68 degrees North latitude,                                                         
         is the gross value at the point of production of the oil and gas                                                       
         taxable under AS 43.55.011(e) and produced by the producer                                                             
         from those leases or properties, less 1/12 of the producer's                                                           
         lease expenditures under AS 43.55.165 for the calendar year                                                            
         applicable to the oil and gas produced by the producer from                                                            
         those leases or properties, as adjusted under AS 43.55.170;                                                            
         this subparagraph does not apply to gas subject to                                                                     
         AS 43.55.011(o);                                                                                                       
                  (C)  oil produced during a month from a lease or                                                              
         property in the Cook Inlet sedimentary basin is the gross                                                              
         value at the point of production of the oil taxable under                                                              
         AS 43.55.011(e) and produced by the producer from that lease                                                           
         or property, less 1/12 of the producer's lease expenditures                                                            
         under AS 43.55.165 for the calendar year applicable to the oil                                                         
         produced by the producer from that lease or property, as                                                               
         adjusted under AS 43.55.170;                                                                                           
                  (D)  gas produced during a month from a lease or                                                              
         property in the Cook Inlet sedimentary basin is the gross                                                              
         value at the point of production of the gas taxable under                                                              
         AS 43.55.011(e) and produced by the producer from that lease                                                           
         or property, less 1/12 of the producer's lease expenditures                                                            
         under AS 43.55.165 for the calendar year applicable to the gas                                                         
         produced by the producer from that lease or property, as                                                               
         adjusted under AS 43.55.170;                                                                                           

2013-04-13                     House Journal                      Page 1203
                  (E)  gas produced during a month from a lease or                                                              
         property outside the Cook Inlet sedimentary basin and used in                                                          
         the state is the gross value at the point of production of that                                                        
         gas taxable under AS 43.55.011(e) and produced by the                                                                  
         producer from that lease or property, less 1/12 of the                                                                 
         producer's lease expenditures under AS 43.55.165 for the                                                               
         calendar year applicable to that gas produced by the producer                                                          
         from that lease or property, as adjusted under AS 43.55.170.                                                           
   * Sec. 10. AS 43.55 is amended by adding a new section to read:                                                            
         Sec. 43.55.162. Adjustments to production tax value. (a)                                                             
     The annual production tax value of oil produced from a lease or                                                            
     property north of 68 degrees North latitude by the producer is                                                             
     reduced, during the first seven consecutive years after the start of                                                       
     commercial production by 20 percent of the gross value at the                                                              
     point of production of oil produced during the calendar year. This                                                         
     subsection does not apply to a lease or property that                                                                      
              (1)  was in commercial production before January 1,                                                               
     2007;                                                                                                                      
              (2)  is located within a unit area that has never had                                                             
     commercial production; or                                                                                                  
              (3)  is located within a unit for more than 20 years before                                                       
     the first commercial production on the lease or property.                                                                  
         (b)  The annual production tax value of oil or gas produced by                                                         
     a producer is reduced during the first five consecutive years after                                                        
     the start of commercial production by 10 percent if the oil or gas is                                                      
     produced from a participating area established after December 31,                                                          
     2012, that is within a unit formed under AS 38.05.180(p) before                                                            
     January 1, 2003, if the participating area does not contain a                                                              
     reservoir that had previously been in a participating area                                                                 
     established before January 1, 2012. This subsection does not apply                                                         
     to production from a lease or property located within a unit for                                                           
     more than 20 years before the first commercial production on the                                                           
     lease or property.                                                                                                         
         (c)  The annual production tax value of heavy oil produced by                                                          
     a producer is reduced by 10 percent of the gross value at the point                                                        
     of production of heavy oil produced, for the calendar year, from a                                                         
     lease or property that is located within a unit area existing on                                                           
     January 1, 2014.                                                                                                           
         (d)  For a calendar year after 2012, the annual production tax                                                         
     value of oil produced by a producer that produced oil in 2012 is                                                           

2013-04-13                     House Journal                      Page 1204
     reduced by 10 percent of the gross value at the point of production                                                        
     of the volume of oil produced during the calendar year in excess                                                           
     of the total volume produced by the producer in 2012. The volume                                                           
     of oil produced by a producer in 2012 is the average daily                                                                 
     statewide production of the producer, excluding from the                                                                   
     calculation the days on which production is significantly reduced,                                                         
     multiplied by the number of days in the calendar year. For the                                                             
     purposes of this subsection, production is significantly reduced                                                           
     when the production volume of oil for the day is less than one-half                                                        
     of the quotient of the total volume of oil production that is                                                              
     produced by the producer for the year and the number of days in                                                            
     the calendar year. A producer that increases its volume of                                                                 
     production through the purchase, merger, or other acquisition of                                                           
     another producer is the sum of the producer's total target volume                                                          
     and the total target volume for the producer that is purchased,                                                            
     merged with, or otherwise acquired; however, if the producer that                                                          
     is purchased, merged with, or otherwise acquired did not have a                                                            
     target volume determined under this section, the volume of the                                                             
     increased production that is attributable to the purchase, merger,                                                         
     or other acquisition may not be considered for the purpose of                                                              
     determining whether the producer that acquired the additional                                                              
     production has increased the volume of production above its target                                                         
     volume.                                                                                                                    
         (e)  A reduction in production tax value provided by this                                                              
     section may not be combined with any other reduction in                                                                    
     production tax value provided by this section in the same year. Oil                                                        
     or gas from a lease or property that produces oil or gas that results                                                      
     in a production tax reduction under (a) of this section is ineligible                                                      
     for a production tax reduction under (b) and (c) of this section and                                                       
     may not be used in the calculation of production volume under (d)                                                          
     of this section.                                                                                                           
         (f)  A reduction in production tax value provided by this                                                              
     section may not reduce the production tax value of a producer                                                              
     below zero.                                                                                                                
         (g)  The rate of tax under AS 43.55.011(g) shall be                                                                    
     determined before the application of the adjustment provided by                                                            
     this section.                                                                                                              
         (h)  In this section,                                                                                                  
              (1)  "commercial production" means the production of oil                                                          
     for the purpose of sale or other beneficial use, except when the                                                           

2013-04-13                     House Journal                      Page 1205
     sale or beneficial use is incidental to the testing of an unproved                                                         
     well or unproved completion interval;                                                                                      
              (2)  "participating area" means that part of an oil and gas                                                       
     lease unit to which production is allocated in the manner described                                                        
     in a unit agreement.                                                                                                       
   * Sec. 11. AS 43.55.990 is amended by adding a new paragraph to                                                            
read:                                                                                                                           
              (14)  "heavy oil" means oil with an American Petroleum                                                            
     Institute gravity of less than 18 degrees.                                                                                 
   * Sec. 12. AS 44.88.140(a) is amended to read:                                                                             
         (a)  Except as provided in AS 29.45.030(a)(1) and                                                                  
     AS 44.88.168, the real and personal property of the authority and                                                      
     its assets, income, and receipts are declared to be the property of a                                                      
     political subdivision of the state and, together with any project or                                                       
     development project financed under AS 44.88.155 - 44.88.159 or                                                             
     44.88.172 - 44.88.177, and a leasehold interest created in a project                                                       
     or development project financed under AS 44.88.155 - 44.88.159                                                             
     or 44.88.172 - 44.88.177, devoted to an essential public and                                                               
     governmental function and purpose, and the property, assets,                                                               
     income, receipts, project, development project, and leasehold                                                              
     interests shall be exempt from all taxes and special assessments of                                                        
     the state or a political subdivision of the state, including, without                                                      
     limitation, all boroughs, cities, municipalities, school districts,                                                        
     public utility districts, and other taxing units. All bonds of the                                                         
     authority are declared to be issued by a political subdivision of the                                                      
     state and for an essential public and governmental purpose and to                                                          
     be a public instrumentality, and the bonds, and the interest on                                                            
     them, the income from them and the transfer of the bonds, and all                                                          
     assets, income, and receipts pledged to pay or secure the payments                                                         
     of the bonds, or interest on them, shall at all times be exempt from                                                       
     taxation by or under the authority of the state, except for                                                                
     inheritance and estate taxes and taxes on transfers by or in                                                               
     contemplation of death. Nothing in this section affects or limits an                                                       
     exemption from license fees, property taxes, or excise, income, or                                                         
     any other taxes, provided under any other law, nor does it create a                                                        
     tax exemption with respect to the interest of any business                                                                 
     enterprise or other person, other than the authority, in any                                                               
     property, assets, income, receipts, project, development project, or                                                       
     lease whether or not financed under this chapter. By January 10 of                                                         
     each year, the authority shall submit to the governor a report                                                             

2013-04-13                     House Journal                      Page 1206
     describing the nature and extent of the tax exemption of the                                                               
     property, assets, income, receipts, project, development project,                                                          
     and leasehold interests of the authority under this section. The                                                           
   authority shall notify the legislature that the report is available.                                                        
   * Sec. 13. AS 44.88 is amended by adding a new section to read:                                                            
         Sec. 44.88.168. Oil and gas infrastructure fund. (a) The oil                                                         
     and gas infrastructure fund is established in the authority. The oil                                                       
     and gas infrastructure fund consists of money appropriated to the                                                          
     authority for deposit in the fund, and money deposited in the fund                                                         
     by the authority. The fund is not an account in the revolving loan                                                         
     fund established in AS 44.88.060, and the authority shall account                                                          
     for the fund separately from the revolving fund. Money in the                                                              
     fund may be used to finance the construction and improvement of                                                            
     an oil or gas processing facility on the North Slope and flow lines                                                        
     and other surface infrastructure for the facility.                                                                         
         (b)  Notwithstanding AS 44.88.140, the state or a political                                                            
     subdivision of the state may levy a tax or special assessment on an                                                        
     oil or gas processing facility, flow lines, and other surface                                                              
     infrastructure for the facility financed by the oil and gas                                                                
     infrastructure fund.                                                                                                       
         (c)  In this section, "North Slope" means that area of the state                                                       
     lying north of 68 degrees North latitude.                                                                                  
   * Sec. 14. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
     LEGISLATIVE APPROVAL; NORTH SLOPE OIL OR GAS                                                                               
PROCESSING FACILITY. (a) The Alaska Industrial Development                                                                      
and Export Authority may issue bonds to finance the construction and                                                            
improvement of an oil or gas processing facility on the Alaska North                                                            
Slope and flow lines and other surface infrastructure for the facility.                                                         
The processing facility, flow lines, and other surface infrastructure for                                                       
the facility shall be used to secure bonds issued under this section. The                                                       
principal amount of the bonds provided by the authority for the                                                                 
facility, flow lines, and other surface infrastructure may not exceed                                                           
$200,000,000 and may include the costs of funding reserves and other                                                            
costs of issuing the bonds that the authority considers reasonable and                                                          
appropriate. Notwithstanding AS 44.88.140, an oil or gas processing                                                             
facility, flow lines, and other surface infrastructure for the facility                                                         
constructed or financed by the oil and gas infrastructure fund are                                                              
subject to taxes and special assessments of the state or a political                                                            
subdivision of the state.                                                                                                       

2013-04-13                     House Journal                      Page 1207
     (b)  This section constitutes the legislative approval required by                                                         
AS 44.88.095(g) and 44.88.690.                                                                                                  
     (c)  The prohibition on the issuance of bonds in an amount                                                                 
exceeding $400,000,000 under AS 44.88.095 does not apply to bonds                                                               
issued under this section, and the principal amount of bonds issued                                                             
under this section may not be considered in determining whether the                                                             
limit in AS 44.88.095 has been reached.                                                                                         
   * Sec. 15. This Act takes effect January 1, 2014."                                                                         
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Hawker objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 21(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  9   NAYS:  29   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Drummond, Gara, Gruenberg, Josephson, Kawasaki, Kerttula,                                                                
Kreiss-Tomkins, Tarr, Tuck                                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller,                                                             
LeDoux, Lynn, Millett, Munoz, Neuman, Olson, Pruitt, Reinbold,                                                                  
Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson                                                                          
                                                                                                                                
Excused:  Guttenberg, Nageak                                                                                                    
                                                                                                                                
And so, Amendment No. 5 was not adopted.