Legislature(2005 - 2006)

04/25/2005 08:39 AM House W&M


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HJR  2-CONST. AM: GAS REVENUE ENDOWMENT FUND                                                                                  
                                                                                                                                
9:27:32 AM                                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH announced  that the next order  of business would                                                               
be SPONSOR SUBSTITUTE FOR HOUSE  JOINT RESOLUTION NO. 2 Proposing                                                               
amendments to  the Constitution of  the State of  Alaska creating                                                               
and  relating to  the  gas revenue  endowment  fund, relating  to                                                               
deposits  to  the fund,  limiting  appropriations  from the  fund                                                               
based on an  averaged percent of the fund  market value, relating                                                               
to deposits  to the permanent  fund, and relating to  deposits to                                                               
the budget reserve fund.                                                                                                        
                                                                                                                                
CHAIR WEYHRAUCH  thanked Representative  Hawker for all  his past                                                               
work with the House Special Committee on Ways and Means.                                                                        
                                                                                                                                
9:28:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE HAWKER,  Alaska State  Legislature, sponsor,                                                               
opined that this  resolution is one of  three critical structural                                                               
framework elements  needed to craft long-term  sustainable fiscal                                                               
policy.  He said:                                                                                                               
                                                                                                                                
     This bill would propose a constitutional amendment to                                                                      
      address one of those critical issues and that's the                                                                       
     long-term  sustainability  of  having  ...  the  liquid                                                                    
     capital  cash  available  to  meet  our  ongoing  state                                                                    
     needs,  not only  for this  generation  but for  future                                                                    
     generations.   I  draw your  attention  to the  sponsor                                                                    
     statement  ... I  think all  Alaskans, at  one time  or                                                                    
     another, have heard  what is referred to  as the "Great                                                                    
     Alaska  Prayer" and  that is:   "Lord  please grant  me                                                                    
     another Prudhoe Bay, I promise  not to fritter this one                                                                    
     away."  I  don't think anything could  be more accurate                                                                    
     in its  conception.  This  state has had  an incredible                                                                    
     amount  of  wealth.   Our  wealth  is natural  resource                                                                    
     based;  these are  extractive resources,  that once  we                                                                    
     have  severed the  resource  and sold  it,  it is  gone                                                                    
     forever.      These   are   not   renewable   resources                                                                    
     particularly  our   oil  and   gas,  which   makes  the                                                                    
     foundation  of the  state's revenue  base  ....   We've                                                                    
     certainly got fisheries,  timber, [and] other resources                                                                    
     that  are clearly  in the  renewable category,  but the                                                                    
     physical financial  magnitude of those  resources pales                                                                    
     in comparison to our oil  and gas resources.  What this                                                                    
     specific constitutional amendment proposes  to do is it                                                                    
     makes the  statement that when we  start developing our                                                                    
     natural gas,  that great resource  on the  North Slope,                                                                    
     that this  time instead of  spending the money  we take                                                                    
     from  that gas  as  we  sever disposable  non-renewable                                                                    
     resource we take all the  proceeds from that severance,                                                                    
     that sale,  and place it  into its own  permanent fund.                                                                    
     ...  if you  allow me  the latitude  to call  it a  gas                                                                    
     permanent fund, [the] idea [is]  to model it exactly on                                                                    
     our existing  permanent fund  but the  difference being                                                                    
     that this time instead  of just taking constitutionally                                                                    
     25 percent  of the revenues  generated, we take  all of                                                                    
     it.   And  we make  the  commitment that  says we  will                                                                    
     convert this  money that we  receive into  an endowment                                                                    
     that will meet the state's  needs for generations.  [A]                                                                    
     critical element of  this bill is that  the endowment I                                                                    
     propose to have  managed in the format  of the [percent                                                                    
     of  market   value]  POMV  mechanism  ....     The  one                                                                    
     differential  in this  amendment  is that  it makes  it                                                                    
     very clear  that in  this gas  permanent fund  ... that                                                                    
     the money  available in the  future under the  POMV may                                                                    
     be  used for  any public  purpose, taking  care of  our                                                                    
     state, except paying  dividends to individual Alaskans;                                                                    
     I think  it's a  critical distinction  we need  to make                                                                    
     here.   This is  the fund  that will  take care  of our                                                                    
     public needs in the future.                                                                                                
                                                                                                                                
REPRESENTATIVE  HAWKER turned  attention  to  the chart  entitled                                                               
"Gas Revenue Endowment Fund (GREF)",  which details the projected                                                               
benchmark  of  production  and  tax  estimates  provided  by  the                                                               
Department  of  Revenue.    He  highlighted  that  in  year  2030                                                               
operating under the POMV mechanism,  the money coming from a POMV                                                               
is the  same amount as  is being  received from the  severance of                                                               
resources.    Every year  beyond  2030,  there is  actually  more                                                               
revenue available  to the  state under  the POMV  mechanism, when                                                               
the earnings on  reinvestment of the principal  are included than                                                               
is being taken from the extractive  process itself.  The point of                                                               
this  resolution  is  to  [implement  mechanisms]  to  provide  a                                                               
sustainable,  stable,  and  predictable  economic  base  for  the                                                               
state,  he reiterated.   He  offered that  it is  appropriate and                                                               
correct   for   the   legislature   to  put   before   Alaska   a                                                               
constitutional framework  for a fiscal  plan.  He noted  that HJR
1,  HJR  2, and  passing  a  POMV  methodology for  the  existing                                                               
permanent fund are  material sources of bridging  the gap between                                                               
today  and the  10 to  15  years before  gas comes  online.   The                                                               
aforementioned  components are  essential  to the  constitutional                                                               
framework that  is being demanded  by the citizens of  Alaska, he                                                               
surmised.                                                                                                                       
                                                                                                                                
9:36:36 AM                                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH  asked if the  GREF was  for gas from  the Alaska                                                               
North Slope (ANS) gas.                                                                                                          
                                                                                                                                
REPRESENTATIVE  HAWKER  replied  yes,  it  specifically  excludes                                                               
existing producing reserves elsewhere in the state.                                                                             
                                                                                                                                
9:36:56 AM                                                                                                                    
                                                                                                                                
CHAIR  WEYHRAUCH asked  if today  the state  obtains any  revenue                                                               
from ANS gas.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HAWKER  responded  that  there is  a  very  small                                                               
amount of  gas produced on  the North  Slope from a  small 4-inch                                                               
line  that is  feeding some  of the  pump stations  and providing                                                               
basic utility  fuel.  He  explained that natural gas  is methane,                                                               
butane, ethane,  propane, and the  difference lies in  the number                                                               
of  carbon atoms  in the  molecule.   Currently, the  industry is                                                               
moving  natural  gas  liquids  (NGLs)  through  the  Trans-Alaska                                                               
Pipeline System (TAPS) as  part of the oil flow.   As a result of                                                               
a  processing  activity,  the molecules  can  be  liquefied,  run                                                               
through the pipeline, and separated  for use later.  He clarified                                                               
that references  to a gasline  refer to moving only  methanes and                                                               
liquefied propane  gas (LPGs).   He specified his intent  to only                                                               
grab the methane  and LPGs not the heavier NGLs  in order to have                                                               
a  separate  accounting,  which  is  easier  for  the  industries                                                               
involved.                                                                                                                       
                                                                                                                                
9:39:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER,  in  response to  Representative  Wilson,                                                               
clarified that C,  which is butane, is in both NGLs and LPGs.  He                                                               
                4                                                                                                               
recalled that the oil industry  attempted to put butanes down the                                                               
TAPS pipeline,  but as production  volume slowed it is  no longer                                                               
safe  or technically  feasible  to do  so.   This  constitutional                                                               
mechanism provides no  incentive for an industry  to choose [what                                                               
natural gas to obtain], the industry  will simply opt for what is                                                               
best technically.   Furthermore, this resolution is not  a tax or                                                               
revenue  mechanism  that has  any  effect  on the  industry,  but                                                               
rather is  a mechanism  for the  state to  do something  with the                                                               
royalties it receives, he said.                                                                                                 
                                                                                                                                
9:41:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON alluded  to  her belief  that  what HJR  2                                                               
proposes  is what  the  original framers  of  the permanent  fund                                                               
dividend had  in mind,  although it was  changed.   She indicated                                                               
that originally the  intent [with the permanent fund]  was to use                                                               
it to  run the state when  the revenues from the  pipeline slowed                                                               
down.  Therefore,  she noted her agreement with  the provision in                                                               
HJR 2  that [specifies any  appropriation from the  proposed fund                                                               
can't  be used  to provide  dividends  or other  payments to  all                                                               
residents].    Representative  Wilson concluded  by  lauding  the                                                               
concept of HJR 2 and the  hope that this resolution is passed and                                                               
no future legislature changes it.                                                                                               
                                                                                                                                
REPRESENTATIVE  HAWKER  said that  HJR  2  is about  the  current                                                               
legislature having the  vision to ensure fiscal  discipline and a                                                               
sustainable economic base for Alaska.                                                                                           
                                                                                                                                
9:44:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER,  in response  to Chair  Weyhrauch, related                                                               
that the POMV mechanism specifically  states that the "look-back"                                                               
period would be five fiscal years  and it would be the first five                                                               
of six  years pre-dating.   The  purpose of the  six years  is to                                                               
allow the legislature  to "know exactly how much money  is on the                                                               
deck,  available  to  spend  that  year,"  at  the  beginning  of                                                               
session.   Therefore, the legislature  won't be guessing  the oil                                                               
prices,  which is  one  of  the great  fallacies  of the  current                                                               
system,  he stated.   He  highlighted that  the look-back  period                                                               
shall be implemented by law.   The provision addressing the look-                                                               
back period read as follows:                                                                                                    
                                                                                                                                
     Appropriations from the gas  revenue endowment fund for                                                                    
     a  fiscal  year may  not  exceed  five percent  of  the                                                                    
     average of  the market  values of the  fund on  June 30                                                                    
     for a  number of previous  fiscal years as  provided by                                                                    
     law.   However, for purposes of  calculating the amount                                                                    
     that may  be appropriated  from the  fund for  a fiscal                                                                    
     year, the market value of  the fund for the fiscal year                                                                    
     immediately  preceding that  fiscal year  shall not  be                                                                    
     included.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  HAWKER explained  that  under the  aforementioned                                                               
provision  future legislatures  can decide  how wide  a look-back                                                               
window should be,  which he said provides him  greater comfort in                                                               
proposing the fixed 5 percent POMV.                                                                                             
                                                                                                                                
9:47:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if the committee  wanted to adopt                                                               
the amendment  in the bill  packet in  order to have  a committee                                                               
substitute (CS) for the next meeting on HJR 2.                                                                                  
                                                                                                                                
CHAIR WEYHRAUCH responded that he  wanted to postpone adoption of                                                               
the amendment because there may be more to come.                                                                                
                                                                                                                                
REPRESENTATIVE HAWKER  concurred, and said  he would be  happy to                                                               
accommodate any  further concerns.   He noted that  the amendment                                                               
in  the  bill packet  makes  it  clear  that any  incidental  gas                                                               
products going down TAPS don't get included in this calculation.                                                                
                                                                                                                                
9:48:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER,  in  response to  Representative  Wilson,                                                               
related  his belief  that the  only massive  gas deliveries  that                                                               
will make  a significant economic  impact on  long-range planning                                                               
will come  from the North Slope,  which is why the  resolution is                                                               
restricted to  that.  He  relayed that  other areas of  the state                                                               
with existing  gas production  have small  potential and  thus he                                                               
said   he  didn't   want  to   create  conflicts   with  existing                                                               
activities.   Moreover, he said that  he didn't want to  create a                                                               
fund that  doesn't have enough  to manage  the state in  the long                                                               
run, he noted.                                                                                                                  
                                                                                                                                
CHAIR WEYHRAUCH announced that HJR 2 would be set aside.                                                                        
                                                                                                                                

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