Legislature(2007 - 2008)BARNES 124

03/31/2008 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 01:30 pm Today --
+= SJR 17 OFFSHORE OIL & GAS REVENUE TELECONFERENCED
Moved Out of Committee
<Bill Hearing Rescheduled from 03/28/08>
+= SB 229 TANANA VALLEY FOREST/MINTO FLATS REFUGE TELECONFERENCED
Moved Out of Committee
<Bill Hearing Rescheduled from 03/28/08>
+ Bills Previously Heard/Scheduled TELECONFERENCED
SJR 17-OFFSHORE OIL & GAS REVENUE                                                                                             
                                                                                                                              
1:36:19 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON  announced that  the  first  order of  business                                                               
would  be  SENATE JOINT  RESOLUTION  NO.  17, Urging  the  United                                                               
States Congress to  provide a means for  consistently sharing, on                                                               
an ongoing basis, revenue generated  from oil and gas development                                                               
on the outer continental shelf  with all coastal energy-producing                                                               
states  to  ensure  that  those   states  develop,  support,  and                                                               
maintain  necessary  infrastructure  and  preserve  environmental                                                               
integrity.                                                                                                                      
                                                                                                                                
SENATOR BILL  WIELECHOWSKI, Alaska State Legislature,  sponsor of                                                               
SJR 17, presented the following testimony:                                                                                      
                                                                                                                                
     This  resolution calls  on Congress  to provide  Alaska                                                                    
     and other coastal  states with a fair  share of revenue                                                                    
     from oil and  gas leasing and development  in the Outer                                                                    
     Continental  Shelf [OCS].   As  you  know, [under]  the                                                                    
     Mineral  Lands  Leasing Act  of  1920  ... the  federal                                                                    
     government  shares  with  the   states  50  percent  of                                                                    
     revenue  generated from  mineral production  on federal                                                                    
     lands  within  each  state's boundaries.    The  shared                                                                    
     mineral   revenue   is   distributed  to   the   states                                                                    
     automatically,   outside   of   any   budget   process.                                                                    
     Unfortunately,  there is  no  comparable authority  for                                                                    
     the federal  government to automatically  share revenue                                                                    
     from  oil and  gas  activities occurring  six miles  or                                                                    
     more offshore with adjacent coastal  states.  For years                                                                    
     coastal states  have argued that  they deserve  a share                                                                    
     of    OCS   revenues    because   they    provide   the                                                                    
     infrastructure  that supports  offshore operations  and                                                                    
     bear the  environmental risks of  offshore development.                                                                    
     On  several  occasions  Congress  has  recognized  this                                                                    
     vital  contribution  and  has created  revenue  sharing                                                                    
     programs,  most of  which have  been temporary  or only                                                                    
     extended to  a handful  of states.  ... Under  the most                                                                    
     recent example  the federal  government agreed  to give                                                                    
     Alabama,   Louisiana,  Mississippi,   and  Texas   37.5                                                                    
     percent  of  revenue  from  oil  and  gas  leasing  and                                                                    
     development in newly opened federal  waters in the Gulf                                                                    
     of Mexico.   This  act is  expected to  distribute more                                                                    
     than $60  billion to  those four  states over  the next                                                                    
     twenty-five  years.    Alaska was  excluded  from  this                                                                    
     program  despite  the   efforts  of  our  congressional                                                                    
     delegation.    This  resolution supports  the  position                                                                    
     that all  coastal states with adjacent  OCS development                                                                    
     should receive  on a regular  and ongoing basis  a fair                                                                    
     share of  revenue from  OCS activities  as compensation                                                                    
     and  reward  for  their contribution  to  the  nation's                                                                    
     energy  infrastructure.   Since statehood  oil and  gas                                                                    
     activities from  Alaska's Outer Continental  Shelf have                                                                    
     generated   almost   $5   billion   for   the   federal                                                                    
     government.   This  does not  include the  $2.6 billion                                                                    
     the federal  government earned in the  last Chukchi Sea                                                                    
     sale.   If the  revenue sharing  program, like  the one                                                                    
     that is currently  in place in the Gulf  of Mexico, had                                                                    
     been in  place back  in February  [2008] when  the sale                                                                    
     took  place,  Alaska  would have  stood  to  gain  $975                                                                    
     million  from the  sale alone.   And  more leasing  and                                                                    
     development are likely  to occur in the  future as two-                                                                    
     thirds of  the nation's Outer Continental  Shelf is off                                                                    
     the coast of Alaska with  as much as 55 billion barrels                                                                    
     of technically  recoverable oil and 280  trillion cubic                                                                    
     feet of  technically recoverable  gas.   The resolution                                                                    
     has the  support of Alaska's  congressional delegation,                                                                    
     the administration, and  those coastal communities most                                                                    
     affected  by offshore  oil and  gas  development and  I                                                                    
     would urge your support.                                                                                                   
                                                                                                                                
1:39:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON understood that  U.S. Senator Jeff Bingaman                                                               
[Chair, Energy and Natural Resources  Committee] does not support                                                               
this revenue sharing.  What  are the prospects of revenue sharing                                                               
actually happening, he asked.                                                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI related  that U.S.  Senator Ted  Stevens is                                                               
urging  this resolution  and  thinks it  is  important.   Senator                                                               
Wielechowski said it is his  understanding, as well, that Senator                                                               
Bingaman is not  supportive of any OCS revenue  sharing, but that                                                               
Senator  Bingaman has  also stated  he would  not oppose  someone                                                               
else trying to  push the issue.   Senator Wielechowski understood                                                               
that U.S.  Senator Max  Baucus is interested  in opening  up this                                                               
revenue sharing to  other states, including Alaska.  So,  it is a                                                               
challenge, but  there are  prospects of it  happening.   From the                                                               
fundamental  standpoint  of fairness,  there  is  really no  fair                                                               
reason why  Alaska should  not get  a share  of the  revenue when                                                               
four other states are receiving it.                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI,  in  further  response  to  Representative                                                               
Edgmon, explained  that the  50 percent  of revenue  addressed by                                                               
the  first whereas  in  the  bill [page  1,  lines  6-8] is  from                                                               
mineral   production  on   federal   land   within  the   state's                                                               
boundaries.   Within zero to three  miles the states get  a small                                                               
amount  of  compensation,  but  past six  miles  the  states  get                                                               
nothing.   Because  the vast  majority of  the Chukchi  Sea sales                                                               
were beyond six miles, Alaska got nothing.                                                                                      
                                                                                                                                
1:42:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON asked how far  offshore the programs go for                                                               
those states that do receive the revenue sharing.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  responded that in  the Chukchi Sea  some of                                                               
the sales  were sixty miles out,  possibly more.  He  deferred to                                                               
his staff person, Ms. Sydeman.                                                                                                  
                                                                                                                                
MICHELLE  SYDEMAN, Staff  to  Senator  Bill Wielechowski,  Alaska                                                               
State  Legislature,   said  she  believes  the   revenue  sharing                                                               
programs go  out to the 200  mile limit, which is  the limit that                                                               
defines the federal OCS.                                                                                                        
                                                                                                                                
1:43:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON inquired  whether  any portion  of SJR  17                                                               
would apply  to the  extended jurisdiction  included in  [HJR 39]                                                               
which urges the U.S. to ratify the Law of the Sea Treaty.                                                                       
                                                                                                                                
MS. SYDEMAN replied  she has 10 years of OCS  discussions and she                                                               
is not familiar  with any OCS revenue sharing  program that looks                                                               
beyond the 200 mile limit.  She  said she imagines the Law of the                                                               
Sea applies to those waters  that are not within the jurisdiction                                                               
of any nation.                                                                                                                  
                                                                                                                                
1:44:10 PM                                                                                                                    
                                                                                                                                
KEVIN BANKS, Acting  Director, Central Office, Division  of Oil &                                                               
Gas,  stated  that the  [Palin]  Administration  supports such  a                                                               
resolution.   It is only fair  that Alaska receive the  same kind                                                               
of  treatment  as  Texas, Louisiana,  Mississippi,  and  Alabama,                                                               
especially  given the  kinds of  impacts  that will  fall on  the                                                               
rural  Alaska  communities  adjacent  to  the  OCS.    The  major                                                               
industrialization of  oil and  gas development  will have  a huge                                                               
impact on those communities.                                                                                                    
                                                                                                                                
1:45:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked whether  there is any  mechanism for                                                               
looking at  the differential  benefit to the  state should  a gas                                                               
line be built  and there are bids  from OCS or no  revenue to the                                                               
state that would displace gas  bids that would be applicable from                                                               
state or federal lands.                                                                                                         
                                                                                                                                
MR. BANKS  said the appropriate way  to think about this  is that                                                               
the development for  areas like the Beaufort Sea  and Chukchi Sea                                                               
is still  fairly immature.   So, the state would  presumably move                                                               
gas through  a gas pipeline  first.  It is  also a matter  of the                                                               
cost of development - the  cheaper onshore gas would likely reach                                                               
the pipeline  before offshore gas.   He said  he is not  sure the                                                               
state  needs to  be  concerned about  displacement  of state  gas                                                               
insofar  as how  OCS gas  would  line up  with the  state's.   It                                                               
involves  a certain  amount  of  guess work.    If  a very  large                                                               
project were  to develop in the  Chukchi Sea for gas,  that would                                                               
be self supporting and meet needs  for gas into some gas pipeline                                                               
onshore and,  under current  rules, Alaska  would get  no revenue                                                               
from it.  However, it would  also string along a bunch of onshore                                                               
projects  that may,  at the  moment, be  too small  to reach  the                                                               
pipeline and  from which the state  would share in 50  percent of                                                               
the  revenue.   In general,  he said,  OCS gas  would help  a gas                                                               
pipeline project,  but Representative Seaton is  correct that the                                                               
state would get a lot less revenue for it.                                                                                      
                                                                                                                                
1:47:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON inquired  whether there  is anything  that                                                               
would prevent a producer owning  both offshore and onshore leases                                                               
and owning  capacity in the  gas line from  substituting offshore                                                               
gas, for which the state would  get no royalty or production tax,                                                               
for onshore gas.                                                                                                                
                                                                                                                                
MR. BANKS  answered no,  there probably is  not any  mechanism at                                                               
the Federal Energy Regulatory Commission  (FERC) or the financing                                                               
of the  pipeline that  would obligate a  producer to  produce its                                                               
onshore gas prior to its offshore gas.                                                                                          
                                                                                                                                
1:49:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   surmised  that  receiving  a   share  of                                                               
offshore revenues would provide a  potential benefit to the state                                                               
and be one  more reason for going forward with  the gas pipeline.                                                               
The revenue  sharing would  at least  eliminate the  concern that                                                               
the state would do all the work and not get any of the benefit.                                                                 
                                                                                                                                
MR. BANKS said correct, it would level the playing field.                                                                       
                                                                                                                                
1:50:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON closed public  testimony after ascertaining that                                                               
no one else wished to testify.                                                                                                  
                                                                                                                                
REPRESENTATIVE  ROSES moved  to report  SJR 17  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  SJR 17 was reported  from the                                                               
House Resources Standing Committee.                                                                                             
                                                                                                                              

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