Legislature(1995 - 1996)

04/22/1995 01:17 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES                         
                                                                               
 JOHN SHIVELY, Commissioner-designee of the Department of Natural             
 Resources, testified on HB 207.  There are a variety of ideas about           
 how to provide the oil industry with the incentive to develop                 
 marginal oil fields.  HB 207 was a compromise effort that can be              
 implemented this year, as opposed to other ideas that may be                  
 studied by the Governor's Oil and Gas Policy Commission.  Royalty             
 reduction legislation has been on the books since 1959, therefore             
 the ability to change the amount of royalty is not a new idea.  HB
 207 specifically adds marginal fields and clarifies language in the           
 existing law related to fields that might be shut in, or abandoned,           
 to make the assessment process easier.  Essentially, HB 207                   
 requires the oil companies to have a delineated field or pool                 
 before proposing a royalty reduction.  DNR would then look at the             
 economics, based on the capital and operating costs, the price of             
 oil, and the volume of oil.  DNR would either internally review the           
 proposal or hire experts to review it if the internal capacity was            
 unavailable.  If outside consultants were hired, the industry would           
 pay for that service.  If clear and convincing evidence is found              
 that a royalty reduction is justified short and long term, the                
 Commissioner would have to make a best interest finding that the              
 royalty reduction would be in the best interest of the state.  A              
 public hearing process would then take place.  In an amendment                
 adopted on the House floor, the DNR Commissioner would give a                 
 presentation to the Legislative Budget and Audit Committee.                   
                                                                               
 Number 560                                                                    
                                                                               
 SENATOR LEMAN discussed changes made to the bill in the House.  The           
 original bill had a hold harmless provision for the permanent fund            
 that was removed; a provision for legislative awareness was added;            
 and the floor for reduction amounts was changed.   He asked Mr.               
 Shively if those changes were acceptable to the administration.               
                                                                               
 MR. SHIVELY replied the House changed the language which held the             
 Permanent Fund harmless to providing floors.  The reduction can be            
 75 percent for new marginal fields, and no more than 90 percent for           
 fields that are about to be shut in, or fields that have been                 
 abandoned.  Current law allows a zero percent royalty for the                 
 latter fields, but the administration believes the floor should be            
 no more than 75 percent of the existing royalty.  That royalty                
 would be split between the general and permanent funds.  Regarding            
 the oversight provision, added on the House floor, DNR would give             
 a presentation anyway if Legislative Budget and Audit requested               
 one.  Confidential information would be protected by provisions               
 under executive sessions.                                                     
                                                                               
 SENATOR LEMAN cited a newspaper article by Stan Jones and asked               
 whether DNR would consider royalty reductions seriously if HB 207             
 passed.  MR. SHIVELY answered that he hoped the situation referred            
 to was a particular agreement between BP and OXY.  He anticipated             
 the industry to make serious proposals since they would be paying             
 for the economic review.                                                      
                                                                               
 TAPE 95-47, Side B                                                            
                                                                               
 SENATOR LEMAN indicated he saw the need to include in the bill                
 clear language describing the application process to avoid future             
 litigation.                                                                   
                                                                               
 MR. SHIVELY noted he believes the bill contains language that would           
 prevent the industry from litigating the decision by the                      
 Commissioner.  The administration does not believe the royalty                
 reduction is a right, but rather a privilege.  It can only be                 
 granted if justified, and in the state's best interest.  He stated            
 he would support language to further clarify the process.                     
                                                                               
 PAUL WESSELLS, representing BP Exploration-Alaska, read the                   
 following for the record.                                                     
                                                                               
 BP supports HB 207 and encourages this Legislature to enact                  
 the bill this year.  This bill represents a very positive step                
 along the road to development of the state's marginal new oil                 
 fields and marginal projects within existing fields.  It is                   
 our belief that initiatives such as HB 207 signal a new spirit                
 of cooperation between the oil industry and state government.                 
 It is this joint effort that will be required for the state to                
 fully realize the value of its oil and gas resources.  In what                
 manner does HB 207 promote full development of the state's                    
 resources?  First, it clarifies the existing statute, by                      
 specifying that new developments, that is properties that have                
 never produced oil and gas, may qualify for royalty reduction.                
 Second, the bill provides that relief may be granted for                      
 individual leases, rather than solely as part of a unit                       
 application, and allows for adjustments with respect to                       
 individual pools of oil and gas within lease releases.  The                   
 bill takes additional steps to protect the public interest by                 
 assuring that the Commissioner of Natural Resources will                      
 receive the financial and technical information necessary to                  
 allow a reasoned judgment on the merits of an application, and                
 by requiring that the costs of third party professional                       
 assistance to the Commissioner in analyzing applications be                   
 borne by the applicant.  In addition, the public interest is                  
 served by the provision in the bill that the state must                       
 condition a reduction in royalty, on a readjustment at a later                
 time, if the circumstances which supported the grant of the                   
 reduction change.  It is this last aspect of the bill that                    
 makes it clear that it is not just about reducing the                         
 royalty obligations of producers in the absolute sense.                       
 Indeed it is entirely possible that a royalty adjustment                      
 program, negotiated by the state and a lease holder, will lead                
 to greater royalty payments over the full life of the                         
 property.  BP also believes the bill should allow the                         
 Commissioner of Natural Resources to modify state net profit                  
 share interests in the same way that it allows the                            
 Commissioner to adjust state royalties.  Net profit payments                  
 and royalty payments are similar forms of economic rent, that                 
 the state receives from leasing its lands for oil and gas                     
 exploration and development.  We think that giving the                        
 Commissioner flexibility to address the full economic picture                 
 when reviewing an application for adjustment, is a good idea,                 
 so it does not seem appropriate to us to give the Commissioner                
 that flexibility with respect to just one form of economic                    
 rent and not the other.  Just as the state may gain by                        
 modifications of the royalty obligations under a sliding scale                
 royalty mechanism, so it should gain in similar circumstances                 
 by allowing appropriate modifications of a net profit                         
 interest.  We in BP believe that HB 207 will make it possible                 
 for the state and the oil industry to devise, through open                    
 sharing of information, in good faith negotiations, methods                   
 for sharing the risk of developing marginal properties.  It is                
 imperative that we capture the potential of these properties                  
 to ensure a strong and stable industry and a strong and stable                
 Alaskan economy.  Thank you for the opportunity to testify.                   
                                                                               
 Number 532                                                                    
                                                                               
 SENATOR LEMAN asked Mr. Wessells if he believed the situation                 
 described in the newspaper article he referred to earlier was a               
 unique circumstance because of the arrangement of the ownership.              
 MR. WESSELS remarked BP's position is that the application referred           
 to is a serious application.  If one were to take the array of                
 applications the company might make on existing properties, the               
 one at Milne Point would be at the bottom of the spectrum, in terms           
 of the expectation of receiving relief.  He did not feel it would             
 be appropriate to characterize the application as frivolous.                  
 There being no further testimony on HB 207, SENATOR LEMAN announced           
 the next meeting would be held on Monday, and HB 208, HB 225, HJR
 23, and HB 197 would be heard.   He adjourned the meeting at 3:25             
 p.m.                                                                          

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