Legislature(2011 - 2012)HOUSE FINANCE 519

04/06/2012 01:30 PM House FINANCE


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01:47:50 PM Start
01:47:56 PM HB276
02:19:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 276 OIL/GAS PRODUCTION TAX CREDITS: NENANA TELECONFERENCED
Moved CSHB 276(FIN) Out of Committee
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."                                                                                           
                                                                                                                                
1:47:56 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze signified that Amendment 1 had been MOVED                                                                      
during the morning session, but had been interrupted to the                                                                     
Call of the Chair.                                                                                                              
                                                                                                                                
                        Amendment 1                                                                                           
                                                                                                                                
Page 5, line 14, following "of"                                                                                                 
                                                                                                                                
     Delete [$22,500,000] insert "$25,000,000"                                                                                  
                                                                                                                                
                                                                                                                                
Representative Neuman stated that  he had checked in statute                                                                    
regarding  credits for  the jack-up  rig in  Cook Inlet.  He                                                                    
indicated that he had no opposition to Amendment 1.                                                                             
                                                                                                                                
Co-Chair Stoltze expressed that  the committee had wanted to                                                                    
address Amendment 1 properly.                                                                                                   
                                                                                                                                
Representative Neuman  signified that  his concern  had been                                                                    
that credits for  a jack-up rig seemed like a  race to drill                                                                    
the first dry well.                                                                                                             
                                                                                                                                
Representative Doogan asked what would  be the total cost of                                                                    
the increase.                                                                                                                   
                                                                                                                                
JANE PIERSON, STAFF,  REPRESENTATIVE THOMPSON explained that                                                                    
the  total cost  of  the increase  would  be the  difference                                                                    
between $25 million  and $22.5 million. The  amount could be                                                                    
spread   over  four   wells  at   $2.5  million   per  well.                                                                    
Representative  Doogan commented  that would  be a  total of                                                                    
$10 million. Ms. Pierson said that was correct.                                                                                 
                                                                                                                                
Co-Chair Stoltze  asked if the  Department of  Revenue would                                                                    
like to make a statement.                                                                                                       
                                                                                                                                
MATTHEW  FONDER,  DIRECTOR,   TAX  DIVISION,  DEPARTMENT  OF                                                                    
REVENUE  (via teleconference)  confirmed that  the amendment                                                                    
would increase the fiscal impact by $10 million.                                                                                
                                                                                                                                
Co-Chair  Stoltze  appreciated  the  verification  from  the                                                                    
department.                                                                                                                     
                                                                                                                                
Representative Gara  asked if  the amount  was per  field or                                                                    
statewide. Ms. Pierson indicated that would be statewide.                                                                       
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  objection.  There being  NO                                                                    
OBJECTION, Amendment 1 was adopted.                                                                                             
                                                                                                                                
1:53:14 PM                                                                                                                    
                                                                                                                                
Representative Gara MOVED to ADOPT Amendment 2:                                                                                 
                                                                                                                                
     Page 2, line 6, following "state':                                                                                         
          Insert "that are outside the Cook Inlet                                                                               
          sedimentary basin and"                                                                                                
                                                                                                                                
     Page 2, lines 9-10:                                                                                                        
          Delete ",other than gas subject to (j) of this                                                                        
          section or oil subject to (k) of this section,"                                                                       
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative  Gara noted  that Amendment  2 concerned  the                                                                    
designated  area issue.  He asked  Representative Thompson's                                                                    
aid  to explain  if the  amendment was  appropriate for  the                                                                    
bill.                                                                                                                           
                                                                                                                                
Ms.  Pierson   indicated  that   the  sponsor   agreed  that                                                                    
Amendment 2 was a clean-up to  hold the bill strictly to the                                                                    
designated section.  The amendment  would not allow  for any                                                                    
new production  in Cook  Inlet to  fall into  the production                                                                    
tax under subsection (p).                                                                                                       
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  objection.  There being  NO                                                                    
further OBJECTION Amendment 2 was adopted.                                                                                      
                                                                                                                                
1:54:59 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:55:12 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-chair  Fairclough  reported  that the  two  new  fiscal                                                                    
notes replaced two older ones.  The Department of Revenue is                                                                    
a  zero fiscal  note.  The Department  of Natural  Resources                                                                    
fiscal note  reflects $211,400 in  FY 13, $204,400  for each                                                                    
year from FY 14 through FY  16, and $102,200 in FY 17. There                                                                    
are two new full time positions added.                                                                                          
                                                                                                                                
Representative  Wilson questioned  if  the department  would                                                                    
wait until a  company came for the tax  credit before hiring                                                                    
the two new positions.                                                                                                          
                                                                                                                                
PAUL DECKER, GEOLOGIST, DIVISION  OF OIL AND GAS, DEPARTMENT                                                                    
OF NATURAL  RESOURCES (via teleconference) remarked  that if                                                                    
the  department knew  that a  company was  going to  file an                                                                    
application then the positions would be fill immediately.                                                                       
                                                                                                                                
Representative  Wilson questioned  how many  wells would  it                                                                    
take to make a difference between hiring one or two people.                                                                     
                                                                                                                                
Mr. Decker replied that there  were two different positions.                                                                    
One  position  would  be in  the  "best  interest  findings"                                                                    
category which  would be  needed first,  and then  the other                                                                    
position  would  be a  Natural  Resource  Specialist in  the                                                                    
resource  evaluation section  to  handle correspondence  and                                                                    
coordinate   information  between   the  all   the  involved                                                                    
parties.                                                                                                                        
                                                                                                                                
2:00:14 PM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough   mentioned  on  the   Department  of                                                                    
Natural Resources,  Oil and  Gas fiscal note  that in  FY 17                                                                    
the amount  drops to  one full  time position  and in  FY 18                                                                    
there are zero positions.                                                                                                       
                                                                                                                                
Representative Neuman noted that  a bill was passed recently                                                                    
that helped  the Department of Natural  Resources streamline                                                                    
their  permitting activities  and  the  committee had  asked                                                                    
about a  reduction of personnel  for savings.  He questioned                                                                    
the need for two more positions and all the equipment.                                                                          
                                                                                                                                
Co-Chair Thomas interjected that  if the department does not                                                                    
hire  the  employees after  the  bill  is passed,  then  the                                                                    
unused   money   is   swept   back   into   general   funds.                                                                    
Representative  Neuman  commented  that   he  was  sure  the                                                                    
department  would   hire  the  employees.   Co-Chair  Thomas                                                                    
remarked  that  money  as  a   rule  is  swept  out  of  the                                                                    
department if they do not hire additional employees.                                                                            
                                                                                                                                
Co-Chair Stoltze  commented there would probably  be further                                                                    
fiscal note discussions.                                                                                                        
                                                                                                                                
2:02:31 PM                                                                                                                    
                                                                                                                                
Representative  Doogan  signified  that  he  was  trying  to                                                                    
understand what  problem was  being solved  in the  bill. He                                                                    
wondered if  there was a lot  of oil and gas,  but the costs                                                                    
of  exploring was  too high  or the  state did  not know  if                                                                    
there was any gas and wanted to subsidize wildcatting.                                                                          
                                                                                                                                
Ms. Pierson stated that the  answer was both. There are some                                                                    
underexplored  areas   that  the   state  would   like  more                                                                    
information about and some areas  already explored where the                                                                    
state would  like to encourage  drilling. She  believed that                                                                    
more   information  on   the   underexplored  and   explored                                                                    
identified basins would provide a  greater chance to bring a                                                                    
discovery to production for royalty taxes.                                                                                      
                                                                                                                                
Co-Chair  Stoltze  believed that  the  bill  provided a  far                                                                    
better  approach   to  finding   a  natural  gas   field  of                                                                    
marketable  value close  to the  Interior rather  than using                                                                    
short term vouchers or some other proposals.                                                                                    
                                                                                                                                
Representative Neuman  remarked that the bill  would provide                                                                    
a race with the other options  to see who could offer gas to                                                                    
Fairbanks first.                                                                                                                
                                                                                                                                
Ms. Pierson disclosed  that there might be  other avenues if                                                                    
gas was discovered.  She noted there could be  a power plant                                                                    
or gas moved out to western  Alaska. She judged local use is                                                                    
preferable, but other uses are possible.                                                                                        
                                                                                                                                
2:06:25 PM                                                                                                                    
                                                                                                                                
Representative Guttenberg  commented it was amazing  what is                                                                    
not  known about  the state.  He thought  it remarkable  how                                                                    
different  things are  discovered. He  believed it  to be  a                                                                    
good thing that the state be more proactive.                                                                                    
                                                                                                                                
Representative  Joule  reported  that  he had  been  on  the                                                                    
Nenana Board  of Directors when  looking to develop  the Red                                                                    
Dog  Mine. Early  in  the  70s Nenana  had  entered into  an                                                                    
agreement  with  an oil  company  to  do some  research  and                                                                    
exploration  and believed  the bill  to be  a follow  up and                                                                    
continuation. The  bill has the  full support of  the Nenana                                                                    
Board   of   Directors  as   well   as   all  the   regional                                                                    
organizations  in the  surrounding areas.  They all  hope it                                                                    
will  result in  a find  so consumers  could start  paying a                                                                    
lower rate for gas.                                                                                                             
                                                                                                                                
Representative Doogan  voiced his concern about  bill in two                                                                    
ways. He  believed it put  the state in the  wildcatting and                                                                    
production business that does not  do anything for the state                                                                    
as a whole. Some of the  areas are on private land and could                                                                    
cost  more than  might actually  be produced.  He complained                                                                    
that both  fiscal notes are indeterminate.  The committee is                                                                    
in the  process of  passing a  bill where  the base  is $120                                                                    
million  and  could  possibly   cost  more  without  knowing                                                                    
exactly how  much. He indicated  he would not keep  the bill                                                                    
from going forward,  but he did not plan to  vote for it. He                                                                    
warned that  a lot  of money  was being  thrown out  with no                                                                    
idea what the  total costs would be or what  the state would                                                                    
get out of it.                                                                                                                  
                                                                                                                                
2:11:51 PM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough  MOVED  to report  CSHB  276(FIN)  as                                                                    
amended  out of  committee  with individual  recommendations                                                                    
and the accompanying fiscal note (s).                                                                                           
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Edgmon  indicated that  he was  supportive of                                                                    
the bill,  but did recognize the  concerns of Representative                                                                    
Doogan. He  questioned if there  were any scenarios  where a                                                                    
similar credit could be applied to geo-thermal drilling.                                                                        
                                                                                                                                
Ms. Pierson  reported that geo-thermal had  not been touched                                                                    
in the  bill. She reported six  hearings on the bill  in the                                                                    
Resources  Committee.  There  was an  indication  that  some                                                                    
other  things could  be added  to  the bill,  but the  tight                                                                    
window   was  agreed   on  because,   if  the   plan  proved                                                                    
successful, other ideas  would be considered. Representative                                                                    
Edgmon pointed out the two  or three geo-thermal projects in                                                                    
his region and the potential energy benefit.                                                                                    
                                                                                                                                
Ms. Person  remarked that geo-thermal  had not  been brought                                                                    
up with the bill, but it was something to further explore.                                                                      
                                                                                                                                
Co-Chair Stoltze remarked that he  would like a geologist to                                                                    
put his ideas on the  record. He asked for an identification                                                                    
of  land ownerships  involved in  the potential  exploration                                                                    
areas.                                                                                                                          
                                                                                                                                
Mr. Swenson  replied that land ownership  consisted of state                                                                    
land  across  the  Nenana  basin,  Alaska  Native-owned  and                                                                    
federal land  in the  Yukon Flats and  Kotzebue area,  and a                                                                    
mix  of  federal,  state,  and Alaska  Native  land  in  the                                                                    
Bristol Bay area.                                                                                                               
                                                                                                                                
Co-Chair Stoltze asked who owned  the subsurface rights. Mr.                                                                    
Swenson  replied that  the sub-surface  rights were  tied to                                                                    
the surface owners.                                                                                                             
                                                                                                                                
2:16:43 PM                                                                                                                    
                                                                                                                                
Co-Chair Thomas announced a potential  conflict since he was                                                                    
on  the   shareholder  in  Sealaska.   Representative  Joule                                                                    
offered  that  he  was Nenana  shareholder  and  a  regional                                                                    
corporation shareholder.  Representative Edgmon  remarked he                                                                    
was a Bristol Bay shareholder.                                                                                                  
                                                                                                                                
Co-Chair  Thomas   disclosed  that  any   natural  resources                                                                    
developed and  found on regional corporation  land is shared                                                                    
with other regions in Alaska.                                                                                                   
                                                                                                                                
Co-Chair Stoltze WITHDREW his objection.                                                                                        
                                                                                                                                
CSHB  276 (FIN)  was REPORTED  out of  committee with  a "do                                                                    
pass" recommendation and accompanying  new fiscal notes from                                                                    
the Department  of Natural Resources  and the  Department of                                                                    
Revenue.                                                                                                                        
                                                                                                                                
2:19:12 PM                                                                                                                    
                                                                                                                                
Representative   Gara  thanked   his  staff   and  all   the                                                                    
hardworking people behind the scenes.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
HB276 Amendment #2 Gara.pdf HFIN 4/6/2012 1:30:00 PM
HB 276