Legislature(2013 - 2014)

2013-03-20 Senate Journal

Full Journal pdf

2013-03-20                     Senate Journal                      Page 0711
SB 21                                                                                                                         
CS FOR SENATE BILL NO. 21(FIN) am was before the Senate in                                                                      
second reading.                                                                                                                 
                                                                                                                                
Senators Gardner, Ellis, French, Wielechowski offered Amendment                                                                 
No. 8 :                                                                                                                          
                                                                                                                                
Page 22, line 7, following "section,":                                                                                          
     Insert "for oil and gas production commencing after the effective                                                          
date of this section for the first seven years immediately following the                                                        
commencement of production subject to tax under AS 43.55.011(e),"                                                               
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 8.                                                                      
Senator Giessel objected.                                                                                                       
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0712
The question being: "Shall Amendment No. 8 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 21(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 8                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson,                                                                       
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 8 failed.                                                                                                 
                                                                                                                                
Senators Gardner, Ellis, French, Wielechowski offered Amendment                                                                 
No. 9 :                                                                                                                          
                                                                                                                                
Page 22, line 7:                                                                                                                
     Delete "of oil or gas meeting"                                                                                             
     Insert "for that portion of oil or gas that exceeds the estimated                                                          
production for the applicable field in the crude oil production forecast                                                        
in the fall 2012 Revenue Sources Book published by the department                                                               
and that meets"                                                                                                                 
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 9.                                                                      
Senator McGuire objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 9 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 21(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 9                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Hoffman, Wielechowski                                                                            
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens                                                               
                                                                                                                                
and so, Amendment No. 9 failed.                                                                                                 
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0713
Senators French, Ellis, Gardner, Wielechowski offered Amendment                                                                 
No. 10 :                                                                                                                         
                                                                                                                                
Page 1, line 9, following "explorers;":                                                                                       
     Insert "relating to the financing of oil processing facilities on                                                        
the North Slope by the Alaska Industrial Development and Export                                                               
Authority;"                                                                                                                   
                                                                                                                                
Page 25, following line 28:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 35. AS 44.88.080 is amended by adding a new paragraph to                                                              
read:                                                                                                                           
              (32)  to acquire an interest in a project as necessary or                                                         
     appropriate to provide working or venture capital for an oil or                                                            
     natural gas development project under AS 44.88.800 and                                                                     
     44.88.810, whether by purchase, gift, or lease.                                                                            
   * Sec. 36. AS 44.88 is amended by adding new sections to read:                                                             
                Article 9A. Interest in Oil and Gas Resources.                                                                
          Sec. 44.88.800. Acquisition of interest in businesses. (a) The                                                      
     authority may acquire, through purchase or other means, an                                                                 
     interest in a lease held by a corporation or other business entity in                                                      
     an oil or natural gas field in the state that has been explored, but                                                       
     only if the authority determines the leaseholder has made                                                                  
     reasonable efforts to obtain financing from the private sector to                                                          
     develop the lease and those efforts have, in whole or part, been                                                           
     unsuccessful. The authority shall exercise due diligence in                                                                
     acquiring a leasehold interest under this section.                                                                         
          (b)  If the authority acquires a leasehold interest under this                                                        
     section, the authority may use the authority's assets, as                                                                  
     appropriate, to aid in the development of the oil or natural gas                                                           
     field in which the business entity has a leasehold interest.                                                               
          Sec. 44.88.810. Alaska resource development fund. (a) The                                                           
     Alaska resource development fund is established in the authority                                                           
     for the purpose of developing oil and gas resources, and consists                                                          
     of appropriations to the fund. The authority shall manage the fund                                                         
     and may create separate accounts within it. Income of the fund or                                                          
     of enterprises of the authority shall be separately accounted for                                                          
     and may be appropriated to the fund.                                                                                       
          (b)  The authority may use money from the fund to carry out                                                           
     the purpose of the fund set out in (a) of this section.                                                                    

2013-03-20                     Senate Journal                      Page 0714
   * Sec. 37. AS 44.88.900(10) is amended to read:                                                                            
              (10)  "project" means                                                                                             
                   (A)  a plant or facility used or intended for use in                                                         
          connection with making, processing, preparing, transporting,                                                          
          or producing in any manner, goods, products, or substances of                                                         
          any kind or nature or in connection with developing or                                                                
          utilizing a natural resource, or extracting, smelting,                                                                
          transporting, converting, assembling, or producing in any                                                             
          manner, minerals, raw materials, chemicals, compounds,                                                                
          alloys, fibers, commodities and materials, products, or                                                               
          substances of any kind or nature;                                                                                     
                   (B)  a plant or facility used or intended for use in                                                         
          connection with a business enterprise;                                                                                
                   (C)  commercial activity by a business enterprise;                                                           
                   (D)  a plant or facility demonstrating technological                                                         
          advances of new methods and procedures and prototype                                                                  
          commercial applications for the exploration, development,                                                             
          production, transportation, conversion, and use of energy                                                             
          resources;                                                                                                            
                   (E)  infrastructure for a new tourism destination                                                            
          facility or for the expansion of a tourism destination facility;                                                      
          in this subparagraph, "tourism destination facility" does not                                                         
          include a hotel or other overnight lodging facility;                                                                  
                   (F)  a plant or facility, other than a plant or facility                                                     
          described in (D) of this paragraph, for the generation,                                                               
          transmission, development, transportation, conversion, or use                                                         
          of energy resources;                                                                                                  
                   (G)  a plant or facility that enhances, provides for, or                                                     
          promotes economic development with respect to                                                                         
          transportation, communications, community public purposes,                                                            
          technical innovations, prototype commercial applications of                                                           
          intellectual property, or research;                                                                                   
                   (H)  a plant or facility used or intended for use as a                                                       
          federal facility, including a United States military, national                                                        
          guard, or coast guard facility;                                                                                       
                   (I)  infrastructure for an area that is designated as a                                                      
          military facility zone under AS 26.30;                                                                                
                   (J)  development of an oil and gas field by                                                              
          providing working or venture capital in exchange for an                                                           
          equity interest;"                                                                                                 

2013-03-20                     Senate Journal                      Page 0715
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 26, line 22:                                                                                                               
     Delete "sec. 34"                                                                                                           
     Insert "sec. 37"                                                                                                           
                                                                                                                                
Page 26, line 30:                                                                                                               
     Delete "35"                                                                                                                
     Insert "38"                                                                                                                
                                                                                                                                
Page 27, line 1:                                                                                                                
     Delete "36"                                                                                                                
     Insert "39"                                                                                                                
                                                                                                                                
Page 27, line 4:                                                                                                                
     Delete "secs. 42 and 43"                                                                                                   
     Insert "secs. 45 and 46"                                                                                                   
                                                                                                                                
Senator French moved for the adoption of Amendment No. 10.                                                                      
Senator Coghill objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 10 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 21(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 10                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson,                                                                       
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 10 failed.                                                                                                
                                                                                                                                
Senators Wielechowski, Ellis, French, Gardner offered Amendment                                                                 
No. 11 :                                                                                                                         
                                                                                                                                
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0716
Page 1, line 2, following "Revenue;":                                                                                         
     Insert "relating to oil and gas leasing;"                                                                                
                                                                                                                                
Page 2, following line 16:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 4. AS 38.05.180(h) is amended to read:                                                                                
          (h)  The commissioner shall [MAY] include terms in a                                                          
     [ANY] lease that impose [IMPOSING] a minimum work                                                                      
     commitment on the lessee to implement the plan of                                                                      
     development submitted by the lessee with a bid for an oil and                                                          
     gas or gas only lease. The terms of the minimum work                                                                   
     commitment must [. THESE TERMS SHALL BE MADE                                                                           
     PUBLIC BEFORE THE SALE, AND MAY] include appropriate                                                                       
     penalty provisions to take effect in the event the lessee does not                                                         
     fulfill the minimum work commitment. If it is demonstrated that a                                                          
     lease has been proven unproductive by actions of adjacent lease                                                            
     holders, the commissioner may set aside a work commitment. The                                                             
     commissioner may waive for a period not to exceed one two-year                                                             
     period any term of a minimum work commitment if the                                                                        
     commissioner makes a written finding either that conditions                                                                
     preventing drilling or exploration were beyond the lessee's                                                                
     reasonable ability to foresee or control or that the lessee has                                                            
     demonstrated through good faith efforts an intent and ability to                                                           
     drill or develop the lease during the term of the waiver.                                                                  
   * Sec. 5. AS 38.05.180(x) is amended to read:                                                                              
          (x) A lessee conducting or permitting any exploration for, or                                                         
     development or production of, oil or gas on state land shall                                                               
     provide the commissioner: access to all noninterpretive data                                                           
     obtained from that lease; access to all information necessary to                                                       
     perform an economic analysis of the production capability of                                                           
     each participating area, including capital, operating,                                                                 
     production, and development costs and an estimate of total                                                             
     reserves; and [SHALL PROVIDE] copies of the noninterpretive                                                        
     [THAT] data and economic and reserve information, as the                                                               
     commissioner may request. The confidentiality provisions of                                                                
     AS 38.05.035 apply to the information obtained under this                                                                  
     subsection.                                                                                                                
   * Sec. 6. AS 38.05.180 is amended by adding new subsections to                                                             
read:                                                                                                                           
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0717
          (hh)  The commissioner shall require each bidder for an oil                                                           
     and gas lease or gas only lease and each lessee applying for an                                                            
     extension or renewal of an oil and gas lease or gas only lease to                                                          
     submit a plan of development for exploring, developing, and                                                                
     producing from the lease within the period of the lease or the                                                             
     extension or renewal of the lease. The commissioner shall review                                                           
     each plan of development and determine whether the proposed                                                                
     plan of development is reasonably expected to develop the lease in                                                         
     the best interest of the state. The plan of development shall be                                                           
     included in a lease along with penalties for failing to comply with                                                        
     the plan of development and other terms of the lease. A bidder                                                             
     may not be a qualified bidder for the purposes of (f)(1) of this                                                           
     section if the commissioner finds that the bidder has not submitted                                                        
     a proposed plan of development that is in the best interest of the                                                         
     state or that the person that submitted the plan of development is                                                         
     not reasonably capable of implementing the plan.                                                                           
          (ii)  The commissioner shall                                                                                          
              (1)  review each oil and gas lease or gas only lease each                                                         
     year for the purpose of determining whether a lease is being                                                               
     developed in the best interest of the state, whether the lessee is                                                         
     complying with the plan of development applicable to the lease,                                                            
     and whether revision of a plan of development, including the                                                               
     planned rate of development, would provide the maximum benefit                                                             
     to the people of the state;                                                                                                
              (2)  every five years, perform an economic analysis on                                                            
     each participating area and determine whether the participating                                                            
     area is capable of increased production in paying quantities over                                                          
     the current rate of production or plan of development;                                                                     
              (3)  enforce the terms of each oil and gas lease or gas only                                                      
     lease, including imposing any applicable penalty or other remedy                                                           
     for noncompliance, within a reasonable time after finding that a                                                           
     lessee is out of compliance with the terms of the lease;                                                                   
              (4)  submit a report to the legislature before the first day                                                      
     of each regular session that lists each oil and gas or gas only lessee                                                     
     that is found to be out of compliance and the action by the                                                                
     commissioner to bring the lessee back into compliance or to                                                                
     terminate the lease.                                                                                                       
          (jj)  For the purposes of (hh) and (ii) of this section, a plan of                                                    
     development for a cooperative or unit under (p) of this section is                                                         
     the plan of development for a lease within the cooperative or unit,                                                        

2013-03-20                     Senate Journal                      Page 0718
     except where a different plan of development is established for a                                                          
     lease within the cooperative or unit.                                                                                      
          (kk)  For purposes of (ii) of this section,                                                                           
              (1)  "participating area" means that part of an oil and gas                                                       
     lease unit area to which production is allocated in the manner                                                             
     described in a unit agreement;                                                                                             
              (2)  "production in paying quantities" means production                                                           
     in quantities sufficient to yield a return in excess of drilling,                                                          
     development, and operating costs."                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 8, line 21:                                                                                                                
     Delete "sec. 11"                                                                                                           
     Insert "sec. 14"                                                                                                           
                                                                                                                                
Page 13, line 23:                                                                                                               
     Delete "sec. 16"                                                                                                           
     Insert "sec. 19"                                                                                                           
                                                                                                                                
Page 14, line 29:                                                                                                               
     Delete "sec. 18"                                                                                                           
     Insert "sec. 21"                                                                                                           
                                                                                                                                
Page 26, line 4:                                                                                                                
     Delete "Sections 9, 12, 13, and 28 - 30"                                                                                   
     Insert "Sections 12, 15, 16, and 31 - 33"                                                                                  
                                                                                                                                
Page 26, line 6:                                                                                                                
     Delete "Sections 10 and 27"                                                                                                
     Insert "Sections 13 and 30"                                                                                                
                                                                                                                                
Page 26, line 8:                                                                                                                
     Delete "Sections 15 and 18 - 21"                                                                                           
     Insert "Sections 18 and 21 - 24"                                                                                           
     Delete "sec. 15"                                                                                                           
     Insert "sec. 18"                                                                                                           
                                                                                                                                
Page 26, line 10:                                                                                                               
     Delete "Sections 16, 19, and 24"                                                                                           
     Insert "Sections 19, 22, and 27"                                                                                           
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0719
Page 26, line 12:                                                                                                               
     Delete "Section 17"                                                                                                        
     Insert "Section 20"                                                                                                        
                                                                                                                                
Page 26, following line 12:                                                                                                     
     Insert a new subsection to read:                                                                                           
     "(f)  Sections 4 and 5 of this Act, and AS 38.05.180(hh) enacted                                                           
by sec. 6 of this Act, apply to a proposed lease sale and the renewal or                                                        
extension of a lease on or after the effective date of secs. 4 - 6 of this                                                      
Act."                                                                                                                           
                                                                                                                                
Page 26, line 22:                                                                                                               
     Delete "sec. 34"                                                                                                           
     Insert "sec. 37"                                                                                                           
                                                                                                                                
Page 26, line 30:                                                                                                               
     Delete "Sections 10, 18, 20, 21, 24, 27, and 35"                                                                           
     Insert "Sections 13, 21, 23, 24, 27, 30, and 38"                                                                           
                                                                                                                                
Page 26, line 31:                                                                                                               
     Delete "sec. 15"                                                                                                           
     Insert "sec. 18"                                                                                                           
                                                                                                                                
Page 27, line 1:                                                                                                                
     Delete "Sections 1 - 6, 8, 9, 12 - 14, 16, 19, 22, 23, 28 - 33, and                                                        
36"                                                                                                                             
     Insert "Sections 1 - 3, 7 - 9, 11, 12, 15 - 17, 19, 22, 25, 26, 31 - 36                                                    
and 39"                                                                                                                         
                                                                                                                                
Page 27, line 3:                                                                                                                
     Delete "Section 17"                                                                                                        
     Insert "Section 20"                                                                                                        
                                                                                                                                
Page 27, line 4:                                                                                                                
     Delete "secs. 42 and 43"                                                                                                   
     Insert "secs. 45 and 46"                                                                                                   
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 11.                                                                
Senator Coghill objected.                                                                                                       
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0720
The question being: "Shall Amendment No. 11 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 21(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 11                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson,                                                                       
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 11 failed.                                                                                                
                                                                                                                                
Senators Wielechowski, Ellis, French, Gardner offered Amendment                                                                 
No. 12 :                                                                                                                         
                                                                                                                                
Page 13, line 10:                                                                                                               
     Delete "January 1, 2014"                                                                                               
     Insert "the effective date of this paragraph"                                                                          
                                                                                                                                
Page 25, following line 29:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 36. AS 43.55.011(g) and 43.55.160(c) are repealed."                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 25, line 30:                                                                                                               
         Delete "AS 43.55.011(g), 43.55.023(i), and 43.55.160(c) are"                                                          
     Insert "AS 43.55.023(i) is"                                                                                                
                                                                                                                                
Page 26, line 5:                                                                                                                
     Delete "after December 31, 2013"                                                                                           
     Insert "on and after the effective date of secs. 9, 12, 13, and 28 -                                                       
30 of this Act"                                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0721
Page 26, lines 10 - 11:                                                                                                         
     Delete "after December 31, 2013"                                                                                           
     Insert "on and after the effective date of secs. 16, 19, and 24 of                                                         
this Act"                                                                                                                       
                                                                                                                                
Page 26, line 12:                                                                                                               
     Delete "after December 31, 2016"                                                                                           
     Insert "on and after the effective date of sec. 17 of this Act"                                                            
                                                                                                                                
Page 26, following line 31:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 43. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     CONDITIONAL EFFECT. (a) Sections 9, 12, 13, 16, 22, 23, 28 -                                                               
30, and 36 of this Act, and AS 43.55.023(a)(3), added by sec. 15 of                                                             
this Act, take effect only if the total volume of oil delivered to the                                                          
Trans Alaska Pipeline System for transport in a calendar year after                                                             
2013 exceeds by more than 20 percent the volume of oil delivered to                                                             
the Trans Alaska Pipeline System for transport during calendar year                                                             
2012.                                                                                                                           
     (b)  Section 17 of this Act takes effect only if sec. 16 of this Act                                                       
takes effect."                                                                                                                  
                                                                                                                                
Page 27, line 1:                                                                                                                
     Delete "9, 12 - 14, 16, 19, 22, 23, 28 - 33, and 36"                                                                       
     Insert "14, 19, 31 - 33, and 37"                                                                                           
                                                                                                                                
Page 27, line 3:                                                                                                                
     Delete all material and insert:                                                                                            
"* Sec. 45. If secs. 9, 12, 13, 16, 22, 23, 28 - 30, and 36 of this Act,                                                      
and AS 43.55.023(a)(3), added by sec. 15 of this Act, take effect under                                                         
sec. 43(a) of this Act, they take effect on January 1 of the calendar                                                           
year immediately following the calendar year in which the                                                                       
commissioner of natural resources notifies the lieutenant governor and                                                          
the revisor of statutes that the condition described in sec. 43(a) of this                                                      
Act has been satisfied.                                                                                                         
   * Sec. 46. If sec. 17 of this Act takes effect under sec. 43(b) of this                                                    
Act, it takes effect three years after the effective date of sec. 16 of this                                                    
Act."                                                                                                                           
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0722
Page 27, line 4:                                                                                                                
     Delete "secs. 42 and 43"                                                                                                   
     Insert "secs. 44 - 46"                                                                                                     
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 12.                                                                
Senator McGuire objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 12 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 21(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 12                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson,                                                                       
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 12 failed.                                                                                                
                                                                                                                                
Senators Wielechowski, Ellis, French, Gardner offered Amendment                                                                 
No. 13 :                                                                                                                         
                                                                                                                                
Page 1, line 4:                                                                                                                 
     Delete "rate"                                                                                                            
     Insert "rates"                                                                                                           
                                                                                                                                
Page 2, following line 11:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 3.  AS 29.60.850(b), as amended by sec. 2 of this Act, is                                                             
amended to read:                                                                                                                
          (b)  Each fiscal year, the legislature may appropriate [AN                                                            
     AMOUNT] to the community revenue sharing fund an amount                                                                
     equal to 20 percent of the money received by the state during                                                          
     the previous calendar year under AS 43.55.011(g). The amount                                                           
     may not exceed                                                                                                             
              (1)  $60,000,000; or                                                                                              
              (2)  the amount that, when added to the fund balance on                                                           
     June 30 of the previous fiscal year, equals $180,000,000."                                                                 
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0723
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 5, following line 12:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 11. AS 43.55.011(e), as amended by sec. 10 of this Act, 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                                                       
     (p) of this section, the tax is equal to the sum of [THE ANNUAL                                                        
     PRODUCTION TAX VALUE OF THE TAXABLE OIL AND                                                                                
     GAS AS CALCULATED UNDER AS 43.55.160(a) PRODUCED                                                                           
     DURING A CALENDAR YEAR]                                                                                                    
              (1)  the annual production tax value of the taxable oil                                                       
     and gas as calculated under AS 43.55.160(a)(1) [BEFORE                                                                 
     JANUARY 1, 2017,] multiplied by 25 [35] percent; and                                                                   
              (2)  the sum, over all months of the calendar year, of                                                        
     the tax amounts determined under (g) of this section [AFTER                                                            
     DECEMBER 31, 2016, MULTIPLIED BY 33 PERCENT]."                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 5, following line 18:                                                                                                      
     Insert new bill sections to read:                                                                                          
   "* Sec. 13. AS 43.55.011(o), as amended by sec. 12 of this Act, is                                                         
amended to read:                                                                                                                
          (o)  Notwithstanding other provisions of this section, for a                                                          
     calendar year before 2022, the tax levied under (e) of this section                                                        
     for each 1,000 cubic feet of gas for gas produced from a lease or                                                          
     property outside the Cook Inlet sedimentary basin and used in the                                                          
     state [, OTHER THAN GAS SUBJECT TO (p) OF THIS                                                                             
     SECTION,] may not exceed the amount of tax for each 1,000                                                                  
      cubic feet of gas that is determined under (j)(2) of this section.                                                       
   * Sec. 14. AS 43.55.011 is amended by adding a new subsection to                                                           
read:                                                                                                                           
          (q)  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 BTU equivalent barrel of the taxable oil                                                           

2013-03-20                     Senate Journal                      Page 0724
     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 by the tax rate calculated as follows:                                                                           
              (1)  if the producer's average monthly production tax                                                             
     value of a BTU equivalent barrel of the taxable oil and gas for the                                                        
     month is not more than $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 BTU equivalent                                                              
     barrel and $30; or                                                                                                         
              (2)  if the producer's average monthly production tax                                                             
     value of a BTU equivalent barrel of the taxable oil and gas for the                                                        
     month is more than $92.50, the tax rate is the sum of 25 percent                                                           
     and the product of 0.1 percent multiplied by the number that                                                               
     represents the difference between the average monthly production                                                           
     tax value of a BTU equivalent barrel and $92.50, except that the                                                           
     sum determined under this paragraph may not exceed 50 percent."                                                            
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 8, line 21:                                                                                                                
     Delete "sec. 11"                                                                                                           
     Insert "sec. 15"                                                                                                           
                                                                                                                                
Page 11, following line 21:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 17. AS 43.55.020(a), as amended by secs. 15 and 16 of this                                                            
Act, is repealed and reenacted to read:                                                                                         
          (a)  For a calendar year, a producer subject to tax under                                                             
     AS 43.55.011(e), (f), (h), (i), (p), or (q) 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:                                                                                                     

2013-03-20                     Senate Journal                      Page 0725
                   (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(q)                                                                    
              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 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                                                             
              payment is calculated;                                                                                            
                   (B)  for oil and gas produced from leases or                                                                 
          properties subject to AS 43.55.011(f), 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(q)                                                                    
              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(q)                                                                    
              multiplied by the remainder obtained by subtracting 1/12                                                          

2013-03-20                     Senate Journal                      Page 0726
              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 for oil                                                          
              or gas, respectively, produced from the lease or property                                                         
              from the gross value at the point of production of the oil                                                        
              or gas, 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;                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0727
              (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."                                                                                                               
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, following line 8:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 19. AS 43.55.020(d), as amended by sec. 18 of this Act, is                                                            
amended to read:                                                                                                                
          (d)  In making settlement with the royalty owner for oil and                                                          
     gas that is taxable under AS 43.55.011, the producer may deduct                                                            
     the amount of the tax paid on taxable royalty oil and gas, or may                                                          
     deduct taxable royalty oil or gas equivalent in value at the time the                                                      
     tax becomes due to the amount of the tax paid. If the total                                                                
     deductions of installment payments of estimated tax for a calendar                                                         
     year exceed the actual tax for that calendar year, the producer                                                            
     shall, before April 1 of the following year, refund the excess to the                                                      
     royalty owner. Unless otherwise agreed between the producer and                                                            
     the royalty owner, the amount of the tax paid under                                                                        
     AS 43.55.011(e) - (g) [AS 43.55.011(e)] on taxable royalty oil and                                                     
     gas for a calendar year, other than oil and gas the ownership or                                                           
     right to which constitutes a landowner's royalty interest, is                                                              
     considered to be the gross value at the point of production of the                                                         
     taxable royalty oil and gas produced during the calendar year                                                              
     multiplied by a figure that is a quotient, in which                                                                        
              (1)  the numerator is the producer's total tax liability                                                          
     under AS 43.55.011(e) - (g) [AS 43.55.011(e)] for the calendar                                                         
     year of production; and                                                                                                    
              (2)  the denominator is the total gross value at the point of                                                     
     production of the oil and gas taxable under AS 43.55.011(e) - (g)                                                      
     [AS 43.55.011(e)] produced by the producer from all leases and                                                             
     properties in the state during the calendar year."                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 13, following line 10:                                                                                                     
     Insert a new bill section to read:                                                                                         

2013-03-20                     Senate Journal                      Page 0728
"* Sec. 22. AS 43.55.023(a), as amended by sec. 21 of this Act, is                                                            
amended to read:                                                                                                                
          (a)  A producer or explorer may take a tax credit for a                                                               
     qualified capital expenditure as follows:                                                                                  
              (1)  notwithstanding that a qualified capital expenditure                                                         
     may be a deductible lease expenditure for purposes of calculating                                                          
     the production tax value of oil and gas under AS 43.55.160(a),                                                             
     unless a credit for that expenditure is taken under AS 38.05.180(i),                                                       
     AS 41.09.010, AS 43.20.043, or AS 43.55.025, a producer or                                                                 
     explorer that incurs a qualified capital expenditure may also elect                                                        
     to apply a tax credit against a tax levied by AS 43.55.011(e) in the                                                       
     amount of 20 percent of that expenditure; however, not more                                                            
     than half of the tax credit may be applied for a single calendar                                                       
     year;                                                                                                                  
              (2)  a producer or explorer may take a credit for a                                                               
     qualified capital expenditure incurred in connection with                                                                  
     geological or geophysical exploration or in connection with an                                                             
     exploration well only if the producer or explorer                                                                          
                   (A)  agrees, in writing, to the applicable provisions of                                                     
          AS 43.55.025(f)(2); and                                                                                               
                   (B)  submits to the Department of Natural Resources                                                          
          all data that would be required to be submitted under                                                                 
          AS 43.55.025(f)(2) [;                                                                                                 
              (3)  A CREDIT FOR A QUALIFIED CAPITAL                                                                             
     EXPENDITURE INCURRED TO EXPLORE FOR, DEVELOP,                                                                              
     OR PRODUCE OIL OR GAS DEPOSITS LOCATED NORTH                                                                               
     OF 68 DEGREES NORTH LATITUDE MAY BE TAKEN                                                                                  
     ONLY IF THE EXPENDITURE IS INCURRED BEFORE                                                                                 
     JANUARY 1, 2014]."                                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 13, line 23:                                                                                                               
     Delete "sec. 16"                                                                                                           
     Insert "sec. 23"                                                                                                           
                                                                                                                                
Page 14, following line 3:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 25. AS 43.55.023(b), as amended by secs. 23 and 24 of this                                                            
Act, is amended to read:                                                                                                        

2013-03-20                     Senate Journal                      Page 0729
          (b)  A producer or explorer may elect to take a tax credit in                                                         
     the amount of 25 percent of a carried-forward annual loss [FOR                                                             
     LEASE EXPENDITURES INCURRED TO EXPLORE FOR,                                                                                
     DEVELOP, OR PRODUCE OIL OR GAS DEPOSITS                                                                                    
     LOCATED SOUTH OF 68 DEGREES NORTH LATITUDE,                                                                                
     AND 33 PERCENT OF A CARRIED-FORWARD ANNUAL                                                                                 
     LOSS BASED ON LEASE EXPENDITURES INCURRED                                                                                  
     AFTER DECEMBER 31, 2016, TO EXPLORE FOR, DEVELOP,                                                                          
     OR PRODUCE OIL OR GAS DEPOSITS LOCATED NORTH                                                                               
     OF 68 DEGREES NORTH LATITUDE]. A credit under this                                                                         
     subsection may be applied against a tax levied by                                                                          
     AS 43.55.011(e). For purposes of this subsection, a carried-                                                               
     forward annual loss is the amount of a producer's or explorer's                                                            
     adjusted lease expenditures under AS 43.55.165 and 43.55.170 for                                                           
     a previous calendar year that was not deductible in calculating                                                            
     production tax values for that calendar year under AS 43.55.160."                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 14, line 29:                                                                                                               
     Delete "sec. 18"                                                                                                           
     Insert "sec. 26"                                                                                                           
                                                                                                                                
Page 15, following line 15:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 28. AS 43.55.023(d), as amended by secs. 26 and 27 of this                                                            
Act, is repealed and reenacted to read:                                                                                         
          (d)  A person that is entitled to take a tax credit under this                                                        
     section that wishes to transfer the unused credit to another person                                                        
     or obtain a cash payment under AS 43.55.028 may apply to the                                                               
     department for transferable tax credit certificates. An application                                                        
     under this subsection must be in a form prescribed by the                                                                  
     department and must include supporting information and                                                                     
     documentation that the department reasonably requires. The                                                                 
     department shall grant or deny an application, or grant an                                                                 
     application as to a lesser amount than that claimed and deny it as                                                         
     to the excess, not later than 120 days after the latest of the                                                             
     following: March 31 of the year following the calendar year in                                                             
     which the qualified capital expenditure or carried-forward annual                                                          
     loss for which the credit is claimed was incurred; the date the                                                            

2013-03-20                     Senate Journal                      Page 0730
     statement required under AS 43.55.030(a) or (e) was filed for the                                                          
     calendar year in which the qualified capital expenditure or carried-                                                       
     forward annual loss for which the credit is claimed was incurred;                                                          
     or the date the application was received by the department. If,                                                            
     based on the information then available to it, the department is                                                           
     reasonably satisfied that the applicant is entitled to a credit, the                                                       
     department shall issue the applicant two transferable tax credit                                                           
     certificates, each for half of the amount of the credit. The credit                                                        
     shown on one of the two certificates is available for immediate                                                            
     use. The credit shown on the second of the two certificates may                                                            
     not be applied against a tax for a calendar year earlier than the                                                          
     calendar year following the calendar year in which the certificate                                                         
     is issued, and the certificate must contain a conspicuous statement                                                        
     to that effect. A certificate issued under this subsection does not                                                        
     expire."                                                                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 15, following line 30:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 30. AS 43.55.023(g), as amended by sec. 29 of this Act, is                                                            
amended to read:                                                                                                                
          (g)  The issuance of a transferable tax credit certificate under                                                      
     (d) or (p) of this section or former(m) of this section or the                                                         
     purchase of a certificate under AS 43.55.028 does not limit the                                                            
     department's ability to later audit a tax credit claim to which the                                                        
     certificate relates or to adjust the claim if the department                                                               
     determines, as a result of the audit, that the applicant was not                                                           
     entitled to the amount of the credit for which the certificate was                                                         
     issued. The tax liability of the applicant under AS 43.55.011(e)                                                           
     and 43.55.017 - 43.55.180 is increased by the amount of the credit                                                         
     that exceeds that to which the applicant was entitled, or the                                                              
     applicant's available valid outstanding credits applicable against                                                         
     the tax levied by AS 43.55.011(e) are reduced by that amount. If                                                           
     the applicant's tax liability is increased under this subsection, the                                                      
     increase bears interest under AS 43.05.225(1) from the date the                                                            
     transferable tax credit certificate was issued. For purposes of this                                                       
     subsection, an applicant that is an explorer is considered a                                                               
     producer subject to the tax levied by AS 43.55.011(e)."                                                                    
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0731
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 16, following line 13:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 32. AS 43.55.023(n), as amended by sec. 31 of this Act, is                                                            
amended to read:                                                                                                                
          (n)  For the purposes of (l) and (p) of this section, a well lease                                                
     expenditure incurred in the state south of 68 degrees North                                                                
     latitude is a lease expenditure that is                                                                                    
              (1)  directly related to an exploration well, a stratigraphic                                                     
     test well, a producing well, or an injection well other than a                                                             
     disposal well, located in the state south of 68 degrees North                                                              
     latitude, if the expenditure is a qualified capital expenditure and an                                                     
     intangible drilling and development cost authorized under 26                                                               
     U.S.C. (Internal Revenue Code), as amended, and 26 C.F.R.                                                                  
     1.612-4, regardless of the elections made under 26 U.S.C. 263(c);                                                          
     in this paragraph, an expenditure directly related to a well includes                                                      
     an expenditure for well sidetracking, well deepening, well                                                                 
     completion or recompletion, or well workover, regardless of                                                                
     whether the well is or has been a producing well; or                                                                       
              (2)  an expense for seismic work conducted within the                                                             
     boundaries of a production or exploration unit.                                                                            
   * Sec. 33. AS 43.55.023 is amended by adding a new subsection to                                                           
read:                                                                                                                           
          (p)  For a lease expenditure incurred in the state south of 68                                                        
     degrees North latitude after December 31, 2017, that qualifies for                                                         
     tax credits under (a) and (b) of this section, and for a well lease                                                        
     expenditure incurred in the state south of 68 degrees North                                                                
     latitude that qualifies for a tax credit under (l) of this section, the                                                    
     department shall issue transferable tax credit certificates to the                                                         
     person entitled to the credit for the full amount of the credit. The                                                       
     transferable tax credit certificates do not expire."                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 17, following line 16:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 37. AS 43.55.028(e), as amended by sec. 36 of this Act, is                                                            
amended to read:                                                                                                                
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0732
          (e)  The department, on the written application of a person to                                                        
     whom a transferable tax credit certificate has been issued under                                                           
     AS 43.55.023(d) or (p) or former AS 43.55.023(m) or to whom a                                                          
     production tax credit certificate has been issued under                                                                    
     AS 43.55.025(f), may use available money in the oil and gas tax                                                            
     credit fund to purchase, in whole or in part, the certificate if the                                                       
     department finds that                                                                                                      
              (1)  the calendar year of the purchase is not earlier than                                                        
     the first calendar year for which the credit shown on the certificate                                                      
     would otherwise be allowed to be applied against a tax;                                                                    
              (2)  the applicant does not have an outstanding liability to                                                      
     the state for unpaid delinquent taxes under this title;                                                                    
              (3)  the applicant's total tax liability under                                                                    
     AS 43.55.011(e), after application of all available tax credits, for                                                       
     the calendar year in which the application is made is zero;                                                                
              (4)  the applicant's average daily production of oil and gas                                                      
     taxable under AS 43.55.011(e) during the calendar year preceding                                                           
     the calendar year in which the application is made was not more                                                            
     than 50,000 BTU equivalent barrels; and                                                                                    
              (5)  the purchase is consistent with this section and                                                             
     regulations adopted under this section."                                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 17, following line 26:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 39. AS 43.55.028(g), as amended by sec. 38 of this Act, is                                                            
amended to read:                                                                                                                
          (g)  The department may adopt regulations to carry out the                                                            
     purposes of this section, including standards and procedures to                                                            
     allocate available money among applications for purchases under                                                            
     this chapter and claims for refunds and payments under                                                                     
     AS 43.20.046 or 43.20.047 when the total amount of the                                                                     
     applications for purchase and claims for refund exceed the amount                                                          
     of available money in the fund. The regulations adopted by the                                                             
     department may not, when allocating available money in the fund                                                            
     under this section, distinguish an application for the purchase of a                                                       
     credit certificate issued under AS 43.55.023(p) or former                                                              
     AS 43.55.023(m), or a claim for a refund or payment under                                                              
     AS 43.20.046 or 43.20.047."                                                                                                
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0733
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 18, following line 8:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 41. AS 43.55.030(e), as amended by sec. 40 of this Act, 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, the following:                                                                    
              (1)  the [EXPLORER'S OR] 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."                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 21, following line 15:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 44. AS 43.55.160(a), as amended by secs. 42 and 43 of this                                                            
Act, is repealed and reenacted to read:                                                                                         
          (a)  Except as provided in (b) of this section, 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                                                                                                                         
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0734
                   (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                                                                                                     
                        (i)  gas 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                                                            
          paragraph;                                                                                                            
              (2)  AS 43.55.011(q), 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                                                            

2013-03-20                     Senate Journal                      Page 0735
          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;                                                                                          
                   (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."                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 22, following line 4:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 46. AS 43.55.160(e), as amended by sec. 45 of this Act, is                                                            
amended to read:                                                                                                                
          (e)  Any adjusted lease expenditures under AS 43.55.165 and                                                           
     43.55.170 that would otherwise be deductible by a producer in a                                                            
     calendar year but whose deduction would cause an annual                                                                    

2013-03-20                     Senate Journal                      Page 0736
     production tax value calculated under (a)(1) [(a)] of this section of                                                  
     taxable oil or gas produced during the calendar year to be less than                                                       
     zero may be used to establish a carried-forward annual loss under                                                          
     AS 43.55.023(b). However, the department shall provide by                                                                  
     regulation a method to ensure that, for a period for which a                                                               
     producer's tax liability is limited by AS 43.55.011(j), (k), (o), or                                                       
     (p), any adjusted lease expenditures under AS 43.55.165 and                                                                
     43.55.170 that would otherwise be deductible by a producer for                                                             
     that period but whose deduction would cause a production tax                                                               
     value calculated under (a)(1)(C), (D), (E), or (F) [(a)(3), (4), (5),                                                  
     OR (6)] of this section to be less than zero are accounted for as                                                          
     though the adjusted lease expenditures had first been used as                                                              
     deductions in calculating the production tax values of oil or gas                                                          
     subject to any of the limitations under AS 43.55.011(j), (k), (o), or                                                      
     (p) that have positive production tax values so as to reduce the tax                                                       
     liability calculated without regard to the limitation to the                                                               
     maximum amount provided for under the applicable provision of                                                              
     AS 43.55.011(j), (k), (o), or (p). Only the amount of those                                                                
     adjusted lease expenditures remaining after the accounting                                                                 
     provided for under this subsection may be used to establish a                                                              
     carried-forward annual loss under AS 43.55.023(b). In this                                                                 
     subsection, "producer" includes "explorer.""                                                                               
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 22, following line 23:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 48.  AS 43.55.160 is amended by adding a new subsection to                                                            
read:                                                                                                                           
          (g) Notwithstanding any contrary provision of AS 43.55.150,                                                           
     for purposes of calculating a monthly production tax value under                                                           
     (a)(2) of this section, the gross value at the point of production of                                                      
     the oil and gas is calculated under regulations adopted by the                                                             
     department that provide for using an appropriate monthly share of                                                          
     the producer's costs of transportation for the calendar year."                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0737
Page 25, following line 30:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 55. AS 43.55.024(i), 43.55.030(g), and 43.55.160(f) are                                                               
repealed January 1, 2018."                                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 26, line 4:                                                                                                                
     Delete "Sections 9, 12, 13, and 28 - 30"                                                                                   
     Insert "Sections 10, 16, 18, 43, 45, and 47"                                                                               
                                                                                                                                
Page 26, line 6:                                                                                                                
     Delete "Sections 10 and 27"                                                                                                
     Insert "Sections 12 and 42"                                                                                                
                                                                                                                                
Page 26, line 8:                                                                                                                
     Delete "Sections 15 and 18 - 21"                                                                                           
     Insert "Sections 21 and 26, 27, 29, and 31"                                                                                
     Delete "sec. 15"                                                                                                           
     Insert "sec. 21"                                                                                                           
                                                                                                                                
Page 26, line 10:                                                                                                               
     Delete "Sections 16, 19, and 24"                                                                                           
     Insert "Sections 23, 27, and 36"                                                                                           
                                                                                                                                
Page 26, line 12:                                                                                                               
     Delete "Section 17"                                                                                                        
     Insert "Section 24"                                                                                                        
                                                                                                                                
Page 26, following line 12:                                                                                                     
     Insert new subsections to read:                                                                                            
     "(f)  Sections 11, 17, 19, 44, 46, and 48 of this Act apply to oil and                                                     
gas produced after December 31, 2017.                                                                                           
     (g)  Sections 25, 28, and 37 of this Act apply to expenditures                                                             
incurred after December 31, 2017."                                                                                              
                                                                                                                                
Page 26, line 22:                                                                                                               
     Delete "sec. 34"                                                                                                           
     Insert "sec. 52"                                                                                                           
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0738
Page 26, line 30:                                                                                                               
     Delete "Sections 10, 18, 20, 21, 24, 27, and 35"                                                                           
     Insert "Sections 12, 26, 29, 31, 36, 42, and 53"                                                                           
                                                                                                                                
Page 26, line 31:                                                                                                               
     Delete "sec. 15"                                                                                                           
     Insert "sec. 21"                                                                                                           
                                                                                                                                
Page 26, following line 31:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 61. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     CONDITIONAL EFFECT. Sections 3, 11, 13, 14, 17, 19, 22, 25,                                                                
30, 32, 33, 37, 39, 41, 44, 46, 48, 57(f), and 57(g) of this Act take                                                           
effect only if the three-year average volume of oil production for                                                              
calendar years 2014, 2015, and 2016 does not exceed by more than 10                                                             
percent 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 July 1, 2017, if the three-year                                                              
average volume of oil production for calendar years 2014, 2015, and                                                             
2016 is more than 10 percent greater than the volume of oil produced                                                            
during calendar year 2012."                                                                                                     
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 27, line 1:                                                                                                                
     Delete "12 - 14, 16, 19, 22, 23, 28 - 33, and 36"                                                                          
     Insert "16, 18, 20, 23, 26, 34, 35, 43, 45, 47, 49 - 51, and 54"                                                           
                                                                                                                                
Page 27, line 3:                                                                                                                
     Delete "Section 17"                                                                                                        
     Insert "Section 24"                                                                                                        
                                                                                                                                
Page 27, following line 3:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 64.  If secs. 3, 11, 13, 14, 17, 19, 22, 25, 30, 32, 33, 37, 39,                                                      
41, 44, 46, 48, 57(f), and 57(g) of this Act take effect under sec. 61 of                                                       
this Act, secs. 3, 11, 13, 14, 17, 19, 22, 25, 30, 32, 33, 37, 39, 41, 44,                                                      
46, 48, 57(f), and 57(g) of this Act take effect January 1, 2018."                                                              
                                                                                                                                

2013-03-20                     Senate Journal                      Page 0739
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 27, line 4:                                                                                                                
 Delete "secs. 42 and 43"                                                                                                       
 Insert "secs. 62 - 64"                                                                                                         
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 13.                                                                
Senator Coghill objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 13 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 21(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 13                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson,                                                                       
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 13 failed.                                                                                                
                                                                                                                                
CS FOR SENATE BILL NO. 21(FIN) am was automatically in third                                                                    
reading.