Legislature(2007 - 2008)SENATE FINANCE 532

03/07/2007 09:00 AM Senate FINANCE


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09:15:22 AM Start
09:15:30 AM SB82
10:15:36 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 82 SUPPLEMENTAL APPROPRIATIONS: OIL & GAS
Moved CSSB 82(FIN) Out of Committee
9:15:30 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 82                                                                                                         
     "An  Act   making  supplemental  appropriations   and  other                                                               
     appropriations;   amending  the   lapse  dates   of  certain                                                               
     appropriations; and providing for an effective date."                                                                      
                                                                                                                                
                                                                                                                                
This was the  second hearing for this bill in  the Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
9:16:19 AM                                                                                                                    
                                                                                                                                
Senator Olson made the following motion.                                                                                        
                                                                                                                                
     Mr. Chairman,  I move the  Senate Finance Committee  go into                                                               
     Executive Session under Uniform  Rule 22(b)(1) discussion of                                                               
     matters, the  immediate knowledge  of which  would adversely                                                               
     affect  the  finances of  a  government  unit; and  22(b)(3)                                                               
     discussion of a  matter that may, by law, be  required to be                                                               
     confidential.                                                                                                              
                                                                                                                                
9:16:44 AM                                                                                                                    
                                                                                                                                
There  was no  objection and  the Committee  went into  Executive                                                               
Session.                                                                                                                        
                                                                                                                                
Co-Chair Hoffman announced that  Tina Kobayashi, Larry Ostrovsky,                                                               
Richard  Todd, and  Ken Diemer  of the  Department of  Law, Kevin                                                               
Banks  of   the  Department  of   Natural  Resources   and  other                                                               
legislators  would be  allowed to  participate  in the  Executive                                                               
Session.                                                                                                                        
                                                                                                                                
Co-Chair Hoffman  noted that  confidentiality agreements  must be                                                               
signed by those participating in the Executive Session.                                                                         
                                                                                                                                
EXECUTIVE SESSION 9:17:21 AM / 9:57:18 AM                                                                                   
                                                                                                                                
The Committee continued with the public portion of the meeting.                                                                 
                                                                                                                                
9:57:27 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman noted  a draft  committee  substitute had  been                                                               
distributed   along  with   a   corresponding  spreadsheet.   The                                                               
spreadsheet reflects  the provisions of the  committee substitute                                                               
with  the exception  of the  provision  making the  appropriation                                                               
contained  in Section  2(a) contingent  upon passage  of separate                                                               
legislation  relating  to  the   Alaska  Gasline  Inducement  Act                                                               
(AGIA), introduced at the request  of Governor Sarah Palin, which                                                               
was not reflected on the spreadsheet.                                                                                           
                                                                                                                                
9:58:20 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  requested the  Office of Management  and Budget                                                               
speak to  the Governor's  schedule for  development of  a natural                                                               
gas pipeline and passage of the enabling AGIA legislation.                                                                      
                                                                                                                                
9:58:40 AM                                                                                                                    
                                                                                                                                
KAREN REHFELD, Director, Office  of Management and Budget, Office                                                               
of the Governor, appreciated the  Committee addressing this bill,                                                               
given that  it had  not yet  had an  opportunity to  consider the                                                               
AGIA bill.  With the  funding provided in  SB 83,  she expressed,                                                               
"it's  our hope  that we'll  be able  to get  started on  some of                                                               
those  critical  components  dealing   with  moving  the  gasline                                                               
forward."                                                                                                                       
                                                                                                                                
9:59:37 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman   asked  if  Governor  Palin's   position  that                                                               
"groundwork"  on the  natural  gas pipeline  would  begin in  the                                                               
summer of 2008 was unchanged.                                                                                                   
                                                                                                                                
9:59:51 AM                                                                                                                    
                                                                                                                                
Ms. Rehfeld  responded that  the intent with  the passage  of the                                                               
AGIA  bill was  to publish  the request  for proposals  (RFP) and                                                               
receive applications. The  timing for field work  would begin the                                                               
next  year, although  some assessment  could occur  during Fiscal                                                               
Year (FY) 08.                                                                                                                   
                                                                                                                                
10:00:15 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman disclosed that by  taking "early" action on this                                                               
supplemental appropriation  legislation, a message would  be sent                                                               
to  the  Governor  and  the   public  that  the  Legislature  was                                                               
interested in  proceeding with the  development of a  natural gas                                                               
pipeline and considers the pipeline of "great importance."                                                                      
                                                                                                                                
10:00:49 AM                                                                                                                   
                                                                                                                                
Senator Olson  offered a motion  to adopt CS SB  82, 25-GS1016\K,                                                               
as a working document.                                                                                                          
                                                                                                                                
10:01:00 AM                                                                                                                   
                                                                                                                                
There was no  objection and Version "K" was ADOPTED  as a working                                                               
document.                                                                                                                       
                                                                                                                                
10:01:11 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman requested  Ms. Rehfeld  overview components  of                                                               
the committee substitute.                                                                                                       
                                                                                                                                
10:01:18 AM                                                                                                                   
                                                                                                                                
Ms.   Rehfeld  noted   that  departmental   representatives  were                                                               
available   to  respond   to  questions.   She  appreciated   the                                                               
appropriation  that  would  allow the  Alaska  Seafood  Marketing                                                               
Institute  (ASMI) salmon  marketing  efforts to  continue in  the                                                               
current fiscal year.                                                                                                            
                                                                                                                                
Ms.  Rehfeld  furthered that  the  Executive  Branch intended  to                                                               
cooperate with the Legislature in  complying with the contingency                                                               
language of Section 8 of the committee substitute.                                                                              
                                                                                                                                
10:02:21 AM                                                                                                                   
                                                                                                                                
LARRY  OSTROVSKY,  Chief  Assistant Attorney  General,  Statewide                                                               
Section Supervisor, Oil, Gas and  Mining Section, Civil Division,                                                               
Department of  Law, testified via  teleconference from  an offnet                                                               
location  that the  Department had  requested  $21.5 million.  He                                                               
referenced a memorandum he wrote  to the Committee dated March 1,                                                               
2007, which  provided a "general  breakdown of the  Department of                                                               
Law's oil, gas and mining  funding requirements for the remainder                                                               
of FY 07 and FY 08", as follows.                                                                                                
                                                                                                                                
                 FY 07 Supplemental       FY 08                                                                                 
     TAPS [Trans Alaska Pipeline System]                                                                                        
        Tariff                $2.8 million         $1.3  million                                                                
     Income Tax                2.8 million          4.45 million                                                                
     Royalty                   0.3 million          1.0  million                                                                
     Other Litigation          1.0 million           .05 million                                                                
     Gas Pipeline              2.0 million          6.0  million                                                                
     Total                    $8.7 million        $12.8  million                                                                
                                                                                                                                
10:05:04 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman noted this relates  to the previous presentation                                                               
of the appropriation requests.                                                                                                  
                                                                                                                                
10:05:16 AM                                                                                                                   
                                                                                                                                
KEVIN BANKS,  Director, Division  of Oil  and Gas,  Department of                                                               
Natural Resources,  testified via  teleconference from  an offnet                                                               
location that the  funding request addressed in Section  2 of the                                                               
committee  substitute pertained  to  "royalty valuation  issues."                                                               
The  AGIA legislation  would provide  for "upstream"  inducements                                                               
for those  producers that  commit gas  resources to  the proposed                                                               
natural gas pipeline. The funding  appropriated in SB 82 would be                                                               
utilized  in efforts  "to provide  some kind  of certainty  about                                                               
what royalty  payments will be  required" as well  as determining                                                               
how royalty-in-kind and royalty-in-gas would be considered.                                                                     
                                                                                                                                
10:06:14 AM                                                                                                                   
                                                                                                                                
Mr. Banks  continued that  the Department  would also  expend the                                                               
supplemental   appropriated  funds   to  continue   modeling  the                                                               
different pipeline configurations with  respect to royalty values                                                               
and tariff  "consequences" in the tariff  structure proposals the                                                               
State  would   receive  from   applicants.  This   would  involve                                                               
employment  of technical  experts familiar  with gas  markets and                                                               
Federal Energy Regulatory Commission (FERC) regulations.                                                                        
                                                                                                                                
10:07:11 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman  requested  comment   from  the  Department  of                                                               
Revenue on  the appropriation provided  in Section 3  relating to                                                               
commercialization of North Slope gas.                                                                                           
                                                                                                                                
10:07:30 AM                                                                                                                   
                                                                                                                                
JERRY  BURNETT,   Director,  Administrative   Services  Director,                                                               
Department of  Revenue, testified  that the $3  million requested                                                               
consists   of   approximately   $419,000  intended   to   develop                                                               
additional  expertise of  the internal  economists. Approximately                                                               
$1.5 million of  the appropriation would be  utilized to contract                                                               
with external  economics firms and  commercial analysis  firms to                                                               
review tax terms  and other issues. The  remaining approximate $1                                                               
million would be expended for outside legal counsel.                                                                            
                                                                                                                                
10:08:34 AM                                                                                                                   
                                                                                                                                
Ms. Rehfeld,  responding to Co-Chair Hoffman's  query, noted that                                                               
the requests for extended lapse  dates on previous appropriations                                                               
were  summarized  on  the aforementioned  spreadsheet  and  would                                                               
effect several departments.                                                                                                     
                                                                                                                                
10:08:55 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman reminded  that this  information was  addressed                                                               
"extensively" during  the previous  hearing on  this bill  and SB
61.                                                                                                                             
                                                                                                                                
10:09:04 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  asked for an  explanation of  the appropriation                                                               
made in Section 5.                                                                                                              
                                                                                                                                
10:09:15 AM                                                                                                                   
                                                                                                                                
RAY   RIUTTA,  Executive   Director,  Alaska   Seafood  Marketing                                                               
Institute (ASMI), Department of  Commerce, Community and Economic                                                               
Development,  testified that  the  funding would  be expended  to                                                               
continue  the  Institute's   television  marketing  campaign  for                                                               
Alaska salmon  through the remainder  of the current  fiscal year                                                               
and  "into the  fall" of  2007. The  campaign began  the previous                                                               
year and  this funding  would allow additional  time slots  to be                                                               
purchased. The most advantageous time  slots must be purchased in                                                               
advance.                                                                                                                        
                                                                                                                                
10:10:34 AM                                                                                                                   
                                                                                                                                
Ms.  Rehfeld  and  Co-Chair  Hoffman  explained  that  Section  6                                                               
provides  that the  appropriations made  in this  bill would  not                                                               
lapse  in one  year  but  would be  extended  as  provided in  AS                                                               
37.25.020.                                                                                                                      
                                                                                                                                
10:11:57 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman  pointed  out   that  Section  8  contains  the                                                               
aforementioned  contingency provision  requiring  passage of  the                                                               
Alaska Gasline  Inducement Act to authorize  the appropriation of                                                               
$6.55 million to the Department of Natural Resources.                                                                           
                                                                                                                                
10:12:13 AM                                                                                                                   
                                                                                                                                
Ms. Rehfeld  stated that  the language of  Section 9  would allow                                                               
the appropriation to the ASMI to be made March 16, 2007.                                                                        
                                                                                                                                
10:12:28 AM                                                                                                                   
                                                                                                                                
Senator  Elton  asked  the  consequence to  the  efforts  of  the                                                               
Department   of  Natural   Resources  in   the  event   the  AGIA                                                               
legislation was not passed.                                                                                                     
                                                                                                                                
10:13:09 AM                                                                                                                   
                                                                                                                                
Mr. Banks responded as follows.                                                                                                 
                                                                                                                                
     I think the budget supplemental…  and the funds that we have                                                               
     now included  here for '07  will carry us through.  Then the                                                               
     AGIA  fiscal  note, of  course,  will  associate for  FY  08                                                               
     starting  in June  - about  the time  the RSA  will hit  the                                                               
     street. So  the answer is: no,  we have and are  turning the                                                               
     wheels on  our models today  and we do have  outside experts                                                               
     working either  directly for the Division  or the Department                                                               
     or  through   funds  that  have   been  RSA'd   through  the                                                               
     Department of Law for this kind of expertise.                                                                              
                                                                                                                                
10:14:18 AM                                                                                                                   
                                                                                                                                
Senator Thomas, referring to the  appropriation to ASMI, asked if                                                               
a  similar supplemental  funding request  was anticipated  for FY                                                               
08.                                                                                                                             
                                                                                                                                
10:14:42 AM                                                                                                                   
                                                                                                                                
Ms. Rehfeld  replied that  the Governor's  proposed FY  08 budget                                                               
includes sufficient funding  for the campaign in  the next fiscal                                                               
year. This  supplemental appropriation is necessary  to address a                                                               
"timing issue".                                                                                                                 
                                                                                                                                
10:14:59 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman asked if a timing issue would occur next year.                                                                 
                                                                                                                                
10:15:04 AM                                                                                                                   
                                                                                                                                
Ms. Rehfeld answered that one was not anticipated.                                                                              
                                                                                                                                
10:15:08 AM                                                                                                                   
                                                                                                                                
Senator Olson offered a motion to report CS SB 82, 25-GS1016\K,                                                                 
from Committee with individual recommendations.                                                                                 
                                                                                                                                
Without objection, CS SB 82 (FIN) was REPORTED from Committee.                                                                  
                                                                                                                                

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