Legislature(2011 - 2012)HOUSE FINANCE 519

04/06/2012 09:30 AM House FINANCE


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09:46:27 AM Start
09:47:29 AM HB276
10:27:46 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change from 9:00 am --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 276 OIL/GAS PRODUCTION TAX CREDITS: NENANA TELECONFERENCED
Heard & Held
HOUSE BILL NO. 276                                                                                                            
                                                                                                                                
     "An Act providing for a  credit against the oil and gas                                                                    
     production tax  for costs incurred in  drilling certain                                                                    
     oil  or natural  gas  exploration wells  in the  Nenana                                                                    
     Basin."                                                                                                                    
                                                                                                                                
9:47:29 AM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough  MOVED  to ADOPT  proposed  committee                                                                    
substitute,   work   draft   27-LS1193\G,   (Nauman/Bullock,                                                                    
3/27/12).                                                                                                                       
                                                                                                                                
Co-Chair Stoltze OBJECTED for the purpose of discussion.                                                                        
                                                                                                                                
REPRESENTATIVE STEVE THOMPSON, SPONSOR,  spoke in support of                                                                    
the  proposed committee  substitute (CS).  He observed  that                                                                    
the  bill was  originally conceived  to provide  tax credits                                                                    
that were  meaningful enough to  attract exploration  in the                                                                    
Nenana  Basin in  order to  alleviate the  staggering energy                                                                    
costs in Fairbanks. He observed  that $660 million was spent                                                                    
last year  for space  heating with  an average  kilowatt per                                                                    
hour  cost of  23  cents.  Heating oil  was  over $4.00  per                                                                    
gallon and  natural gas was  at $23 per thousand  cubic feet                                                                    
(Mcf)  and   only  available  to  1,100   customers  due  to                                                                    
shortages of supplies.                                                                                                          
                                                                                                                                
Representative  Thompson  observed  that  many  people  were                                                                    
burning wood or coal due to  the high costs of energy, which                                                                    
was not helping Fairbanks  meet the Environmental Protection                                                                    
Agency's  (EPA) [air  quality] standards  of  2.5 parts  per                                                                    
million.  He  asserted that  some  residents  had to  choose                                                                    
between paying  for necessities or  keeping warm  during the                                                                    
winter.                                                                                                                         
                                                                                                                                
Representative Thompson  stressed that the lack  of adequate                                                                    
gas  supplies  had  also  created   a  stumbling  block  for                                                                    
economic   development;  businesses   were  struggling   and                                                                    
development  had been  curtailed.  He pointed  out that  the                                                                    
Nenana  Basin lay  just  50 miles  north  of Fairbanks.  The                                                                    
basin  held  exciting potential  for  gas  and possibly  oil                                                                    
situated  adjacent  to  roads,   the  rail  road  and  power                                                                    
transmission systems.                                                                                                           
                                                                                                                                
Representative Thompson  noted that  the bill  was developed                                                                    
after   working   with   the  House   Resources   Committee,                                                                    
Department  of   Natural  Resources  (DNR),   Department  of                                                                    
Revenue   (DOR),  Department   of  Law   (DOL),  and   other                                                                    
communities  interested  in  the  concept.    The  bill  was                                                                    
expanded      to     include      drilling     in      other                                                                    
unexplored/underexplored  basins or  areas, and  expanded to                                                                    
additionally  include  seismic  exploration.  He  emphasized                                                                    
that the original  concept of the bill  was preserved, which                                                                    
was  to serve  Alaskans,  not only  by providing  incentives                                                                    
that  could lead  to commercialization  of hydrocarbons  for                                                                    
export,  but also  to promote  exploration for  oil and  gas                                                                    
resources in  frontier basins where there  was a possibility                                                                    
for local regional use.                                                                                                         
                                                                                                                                
9:50:48 AM                                                                                                                    
                                                                                                                                
Representative Thompson observed that  ever present in these                                                                    
discussions was how  to balance the elements of  the bill as                                                                    
a public policy:                                                                                                                
                                                                                                                                
   · The State's Priority to inspire exploration and                                                                            
     development;                                                                                                               
   · The level of Risk that was reasonable for the state to                                                                     
     carry;                                                                                                                     
   · The total financial contribution the state was willing                                                                     
     to make; and                                                                                                               
  · The potential for a return on the state's investment.                                                                       
                                                                                                                                
JANE PIERSON, STAFF,  REPRESENTATIVE THOMPSON, explained the                                                                    
changes between HB  276, Version E and Version  G. The major                                                                    
change  occurred  in  section  2, which  provided  for  a  4                                                                    
percent production  tax for the first  seven years following                                                                    
the  commencement of  commercialization or  production taxes                                                                    
levied  under  AS 43.55.011(e),  whichever  is  less, for  a                                                                    
production before  2022, should  there be a  commercial find                                                                    
of oil or  gas produced south of 68  degrees North latitude,                                                                    
other than the Cook Inlet.                                                                                                      
                                                                                                                                
Ms. Pierson  explained that under  the draft, section  2 was                                                                    
subject to subsection (j), which  referred to Cook Inlet gas                                                                    
or  subsection (k),  which related  to Cook  Inlet oil.  She                                                                    
explained that new  production in Cook Inlet  after 2012 and                                                                    
before January  2020 could fall  into the four  percent tax.                                                                    
She observed that if "kitchen  lights" came on board in 2020                                                                    
there would be  two years under the (j) tax  rate and then a                                                                    
switch  to the  four percent  tax rate.  The change  was not                                                                    
within the original  intent of the legislation  to fence out                                                                    
the North  Slope and Cook Inlet  and to offer the  tax break                                                                    
in  "middle earth".  She  suggested  that the  unintentional                                                                    
change could be easily fixed by the committee.                                                                                  
                                                                                                                                
Ms. Pierson  noted that  federal on  shore lands  were added                                                                    
after discussions  with the Department  of Revenue.  The tax                                                                    
consequence would  be equal to  that on private  lands. Many                                                                    
of the  basins were  composed of  a combination  of federal,                                                                    
private and state lands.                                                                                                        
                                                                                                                                
Ms. Pierson observed that  conforming amendments relating to                                                                    
the  four  percent  tax  were  made in  Sections  7  and  8.                                                                    
Production tax  would be  subject to  the same  benefits and                                                                    
taxes available to other taxes under AS 43.55.011.                                                                              
                                                                                                                                
9:55:09 AM                                                                                                                    
                                                                                                                                
Ms.  Pierson   discussed  Section  6,  which   included  six                                                                    
geologic areas  for exploration  (map on  file).   All these                                                                    
areas were identified by Department  of Natural Resources as                                                                    
having  potential for  discovery  of  hydrocarbons and  with                                                                    
some proximity to existing  communities struggling with high                                                                    
energy costs.                                                                                                                   
                                                                                                                                
   · Kotzebue and Selawick Basins                                                                                               
   · Nenana and Yukon Flats                                                                                                     
   · Emmonak                                                                                                                    
   · Glannallen and Cooper River area                                                                                           
   · Egegik - Northern Alaska Peninsula                                                                                         
   · Port Moller - Southern Alaska Peninsula                                                                                    
                                                                                                                                
Ms. Pierson observed  that with the addition  of these other                                                                    
five areas, the  potential cost and risk to  the state rose.                                                                    
To address  this HB  276 limited  the number  of exploration                                                                    
wells  and  seismic  exploration eligible  for  credits  and                                                                    
limited the  credits. Exploration well credits  were limited                                                                    
to four  wells in  one of  the areas  identified on  the map                                                                    
with  no more  than two  wells  in any  one area.   The  tax                                                                    
credit for drilling was 80  percent of the total exploration                                                                    
expenditures for work performed  or $22.5 million, whichever                                                                    
was less.   (The credit was 15 percent more  than what would                                                                    
currently  be  available  in existing  statute,  unless  the                                                                    
total  cost  was  20  percent over  22.5  million;  then  65                                                                    
percent  was better).    The total  maximum  credit was  $90                                                                    
million.                                                                                                                        
                                                                                                                                
Ms. Pierson  concluded that the  increase was  slightly more                                                                    
than the current amount.                                                                                                        
                                                                                                                                
Ms. Pierson  spoke to seismic credits.  Seismic credits were                                                                    
created  in the  bill to  attract new  geophysical analysis.                                                                    
The  seismic  credits  could  be allotted  for  up  to  four                                                                    
projects,  with  no  more  than  one in  any  of  the  areas                                                                    
identified on the map.  The  credit amount was 75 percent of                                                                    
the  total   exploration  expenditures,  or   $7.5  million,                                                                    
whichever  is  less (i.e.  10  percent  more than  what  was                                                                    
available  in  existing statute,  unless  the  total was  35                                                                    
percent over  7.5 million).   The total maximum  credit that                                                                    
would be available  was $90 million.   Seismic projects were                                                                    
subject to the same  pre-qualification criteria as drilling.                                                                    
Credits apply to work performed  after June 1, 2012 and like                                                                    
other production  tax credits in AS  43.55.025, would expire                                                                    
in  2016.   The tax  credit  was also  stackable with  other                                                                    
credits provided  under AS  43.55.025 or  AS 43.55.023.   It                                                                    
was the intent  of the bill that the quick  window for these                                                                    
credits would create a frontier basin stampede.                                                                                 
                                                                                                                                
Ms. Pierson explained  that Section 6 was  created to ensure                                                                    
the  state's  investment   was  warranted,  and  exploration                                                                    
projects  were  sound,  with DNR's  input,  prequalification                                                                    
criteria  were created  that must  be  satisfied before  any                                                                    
project commenced.  DNR has  broad discretion to weigh these                                                                    
factors  within 60  days or  as soon  as practicable  before                                                                    
approving   or   denying   exploration   well   or   seismic                                                                    
exploration  credits under  the bill.  The pre-qualification                                                                    
criteria  can be  found  for  drilling on  page  7, line  21                                                                    
through page 8,  line 2 and for seismic on  page 8, lines 24                                                                    
through page 9, line 2.                                                                                                         
                                                                                                                                
                                                                                                                                
Ms. Pierson also key in  discussions, was how the state gets                                                                    
a return on its investment.   More geological data for state                                                                    
use and  public release  helped to  expand our  knowledge of                                                                    
the potential  resources in  these remote  areas. Geological                                                                    
data  assisted present  and  future  explorers, and  seismic                                                                    
data  that  could  very  well  attract  new  investment  and                                                                    
development  in   the  state,  bringing  the   potential  to                                                                    
increase production, tax revenues and royalties.                                                                                
                                                                                                                                
Added as  qualification for the  credits under HB 276  was a                                                                    
requirement that  all exploration drilling and  seismic data                                                                    
collected  must  be  turned  over  to  the  state  and  made                                                                    
available for  public release within two  years of receiving                                                                    
the credit under this bill.                                                                                                     
                                                                                                                                
9:59:11 AM                                                                                                                    
                                                                                                                                
Ms.  Pierson reviewed  Section  2.  The final  consideration                                                                    
that arose  was what  if an  explorer in  one of  the remote                                                                    
areas of  Alaska was successful.  The remote  frontier areas                                                                    
were  difficult to  reach,  face  logistical obstacles,  and                                                                    
challenges getting  hydrocarbons to  market.   Yet producers                                                                    
in  these  areas  would  pay  the  same  production  tax  as                                                                    
companies   on   the   North    Slope   that   already   has                                                                    
infrastructure  and access  to  markets.  She reported  that                                                                    
another component  was added to  address the  situation. She                                                                    
read the following:                                                                                                             
                                                                                                                                
     "For  those explorers  who reach  commercial production                                                                    
     in  a frontier  basin, we  gave them  a break  on their                                                                    
     production  tax  rate  of  4  percent  or  taxes  under                                                                    
     43.55.011(e),  whichever  is   less,  for  seven  years                                                                    
     following commencement of  commercial production, in an                                                                    
     area that did  not have oil or gas  production prior to                                                                    
     January  1, 2013.    After seven  years,  the tax  rate                                                                    
     reverts back to  what is in existing statute.   The tax                                                                    
     rate was crafted only to  apply to new production south                                                                    
     of 68 degrees  latitude for oil and gas  not subject to                                                                    
     (j) or (k)  of this section. This bill  gives no breaks                                                                    
     on Royalty,  corporate income  tax, or  property taxes.                                                                    
     What it  does, is  give explorers  willing to  take the                                                                    
     risk   to   explore   in  these   remote   areas   some                                                                    
     predictability   for   the   first   seven   years   of                                                                    
     hydrocarbon commercialization.   This will assist these                                                                    
     companies  obtain  financing   for  infrastructure  and                                                                    
     other costs associated with remote areas."                                                                                 
                                                                                                                                
Ms. Pierson  observed that discussions with  Doyon indicated                                                                    
problems with financing due to these factors.                                                                                   
                                                                                                                                
Co-Chair  Thomas understood  a bridge  was needed  to access                                                                    
the Nenana Basin. Representative  Thompson explained that an                                                                    
ice  bridge was  built and  did not  know if  another bridge                                                                    
would be funded.                                                                                                                
                                                                                                                                
Co-Chair Thomas questioned  what would occur in  the case of                                                                    
a  dry  hole.  Representative Thompson  explained  that  the                                                                    
producer was  eligible for  a credit  in the  case of  a dry                                                                    
hole conditioned on the due diligence paper work.                                                                               
Representative Joule announced that  he intended to offer an                                                                    
amendment raising the exploration  cap from $22.5 million to                                                                    
$25 million; the same credit available for Cook Inlet.                                                                          
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION,  There being  NO                                                                    
OBJECTION, work draft 27-LS1193\G was adopted.                                                                                  
                                                                                                                                
Co-Chair Stoltze OPENDED public testimony.                                                                                      
                                                                                                                                
10:05:22 AM                                                                                                                   
                                                                                                                                
ELIZABETH   HENSLEY,   NANA    REGIONAL   CORPORATION   (via                                                                    
teleconference),  testified  in  support   of  HB  276.  She                                                                    
stressed the high  cost of energy in the  NANA Region, which                                                                    
averaged  $7.92  per  gallon   for  gas.  She  believed  the                                                                    
legislation would incentivize exploration in the region.                                                                        
                                                                                                                                
LANCE  MILLER,  VICE   PRESIDENT  RESOURCES,  NANA  REGIONAL                                                                    
CORPORATION (via  teleconference), testified in favor  of HB
276. He shared that two  stratigraphic wells were drilled in                                                                    
the  Kotzebue Basin  in 1974.  The corporation  utilized the                                                                    
data  to target  oil and  gas development  in the  area. The                                                                    
challenge  has been  to attract  risk capital.  He felt  the                                                                    
legislation  would  help  attract investment.  The  Kotzebue                                                                    
Basin was untested  and untapped, but he felt  it held great                                                                    
potential.                                                                                                                      
                                                                                                                                
JAMES  MERY,  SENIOR  VICE   PRESIDENT,  LANDS  AND  NATURAL                                                                    
RESOURCES, DOYON LTD (via  teleconference), spoke in support                                                                    
of  HB 276.  He  explained  that Doyon  LTD  was a  regional                                                                    
corporation   formed   under   the  Alaska   Native   Claims                                                                    
Settlement Act  with over 18,000  shareholders, and  was the                                                                    
largest private land  owner in Alaska with  holdings of over                                                                    
12.5  million  acres  in  the   interior  of  Alaska.  Doyon                                                                    
primarily operated  oil field support, tourism,  and utility                                                                    
businesses with over 1,500 employees.                                                                                           
                                                                                                                                
Mr.  Mery  informed  the committee  that  Doyon  engaged  in                                                                    
exploration activity  in the Nenana  Basin and  Yukon Flats.                                                                    
He spoke to Doyon's business  model. He expounded that Doyon                                                                    
had invested  money in  exploration precipitated  by credits                                                                    
offered in the  past. The corporation's goal  was to attract                                                                    
new investors  as the project developed.  He emphasized that                                                                    
Doyon was  truly a "local"  company reflected in  its hiring                                                                    
practices and providing  opportunities for local communities                                                                    
through  the  oil  field  support  services.  He  noted  the                                                                    
multiplier  effect that  successful exploration  would bring                                                                    
encouraged  by the  credits in  HB 276.  Seismic exploration                                                                    
demonstrated  that  there  was  oil, but  the  geologic  and                                                                    
project  investment  carried  very   high  risk  and  proved                                                                    
difficult  to  attract   new  investment.  The  conventional                                                                    
producers were not  interested in the area.  A different tax                                                                    
regime for  the area was necessary.  The legislation offered                                                                    
assurance  for  limited  tax exposure  during  the  initial,                                                                    
highest  risk  phase  for capital  recovery  and  additional                                                                    
credits  (expected  to  cost  the  state  approximately  $20                                                                    
million) on  early exploration.  Both pieces  were essential                                                                    
to attract new capital.                                                                                                         
                                                                                                                                
Co-Chair Stoltze  stressed the importance of  the activities                                                                    
of  the  smaller  Alaskan oil  related  companies,  such  as                                                                    
Doyon, to the economy of his district and the state.                                                                            
                                                                                                                                
10:16:11 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
Representative Neuman referred  to Page 2, Section  2 of the                                                                    
committee  substitute (CS).  He  questioned  the seven  year                                                                    
period  [that a  four percent  tax  would be  levied on  the                                                                    
gross  value]. Ms.  Pierson answered  that  seven years  was                                                                    
deemed necessary after discussions with Doyon LTD.                                                                              
                                                                                                                                
Ms.  Pierson  clarified,  in  response   to  a  question  by                                                                    
Representative Neuman that Section  2 defined that the seven                                                                    
year period began after the point of commercial production.                                                                     
Representative Neuman  wondered what the composition  of oil                                                                    
and  gas was.  Ms. Pierson  responded that  there have  been                                                                    
positive indications that both oil and gas existed.                                                                             
                                                                                                                                
Representative Neuman  expressed the desire to  maximize the                                                                    
value of the legislation.                                                                                                       
                                                                                                                                
10:20:38 AM                                                                                                                   
                                                                                                                                
Representative  Costello  asked  what would  happen  to  the                                                                    
seismic   information  if   development   did  not   produce                                                                    
hydrocarbons.  Ms. Pierson  clarified  that the  information                                                                    
belonged to the state.                                                                                                          
                                                                                                                                
BOB   SWENSON,  STATE   GEOLOGIST,  DEPARTMENT   OF  NATURAL                                                                    
RESOURCES  (via teleconference),  confirmed  that after  two                                                                    
years the data would be made public and owned by the state.                                                                     
                                                                                                                                
10:21:50 AM                                                                                                                   
                                                                                                                                
Representative Costello understood  that the state separated                                                                    
exploration   and  production   credits   in  statute.   She                                                                    
referenced to language in the bill  on Page 13, line 15 that                                                                    
read, "producer" includes "explorer."   She asked why the CS                                                                    
contained the language.                                                                                                         
                                                                                                                                
SUSAN  POLLARD, ASSISTANT  ATTORNEY  GENERAL, DEPARTMENT  OF                                                                    
LAW,  explained that  the  language was  not  a change  from                                                                    
current law.  The language related  to the  determination of                                                                    
production   tax  values.   Some   producers  also   perform                                                                    
exploration. She  clarified that  the language  provided for                                                                    
instances when  a producer can  collect the credit  while in                                                                    
exploration  mode.  She  concluded that  the  situation  was                                                                    
provided for in current law and did not change the statute.                                                                     
                                                                                                                                
10:24:33 AM                                                                                                                   
                                                                                                                                
Representative Joule MOVED to ADOPT Amendment 1:                                                                                
                                                                                                                                
     Page 5, Line 14, following "of"                                                                                            
     Delete [$22,500,000] insert "$25,000,000"                                                                                  
                                                                                                                                
Co-Chair Stoltze OBJECTED for purpose of discussion.                                                                            
                                                                                                                                
Representative  Joule  explained  that the  amendment  would                                                                    
raise  the level  of credits  to  $25 million  to match  the                                                                    
current level allowed in Cook Inlet.                                                                                            
                                                                                                                                
Representative Neuman questioned  what statute specified the                                                                    
$25  million  tax  credit.  Ms.  Pierson  replied  that  the                                                                    
provision was contained in AS 43.55.025 (b).                                                                                    
                                                                                                                                
Amendment   1   was   HELD    in   Committee   for   further                                                                    
consideration.                                                                                                                  

Document Name Date/Time Subjects
Sponsor Statement revised 4.5.12.pdf HFIN 4/6/2012 9:30:00 AM
HB 276
Sectional House Bill 276 version G 4.5.12.pdf HFIN 4/6/2012 9:30:00 AM
HB 276
Explanation of changes version E to version G 4.5.12.pdf HFIN 4/6/2012 9:30:00 AM
HB 276
HB276 CS WORDKDRAFT 27-LS1193G.pdf HFIN 4/6/2012 9:30:00 AM
HB 276
HB276 AMENDMENT 1 JOULE.pdf HFIN 4/6/2012 9:30:00 AM
HB 276