Legislature(2007 - 2008)BUTROVICH 205

04/27/2007 03:30 PM Senate RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 186 SPORT FISHING GUIDE RECORDS TELECONFERENCED
Scheduled But Not Heard
-- Testimony <Time Limit May be Set> --
+= SJR 4 NATURAL GAS FOR STATE RESIDENTS TELECONFERENCED
Heard & Held
-- Testimony <Time Limit May be Set> --
+= SB 80 OIL & GAS PRODUCTION TAX: EXPENDITURES TELECONFERENCED
Moved CSSB 80(RES) Out of Committee
-- Testimony <Time Limit May be Set> --
*+ SB 57 MARINE PARKS ADDITIONS/HUNTING ALLOWED TELECONFERENCED
Heard & Held
-- Testimony <Time Limit May be Set> --
*+ SB 71 PUBLIC ACCESS TO FISHING STREAMS TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB 80-OIL & GAS PRODUCTION TAX: EXPENDITURES                                                                      
                                                                                                                                
3:43:52 PM                                                                                                                    
CHAIR HUGGINS announced SB 80 to be up for consideration.                                                                       
                                                                                                                                
SENATOR WAGONER said he had three amendments.                                                                                   
                                                                                                                                
MARY  JACKSON,  staff  to  Senator Wagoner,  sponsor  of  SB  80,                                                               
clarified  that   CSSB  80(RES),   version  M,  was   before  the                                                               
committee. She began by explaining the amendments.                                                                              
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                    25-LS0425\M.1                                                               
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                   BY SENATOR WAGONER                                                                 
     TO:  CSSB 80(   ), Draft Version "M"                                                                                       
                                                                                                                                
     Page 3, lines 22 - 23:                                                                                                     
          Delete "the standard practices of the industry"                                                                   
          Insert "good oil field practice"                                                                                  
                                                                                                                                
MS. JACKSON explained that Amendment 1  is a result of a on-going                                                               
dialogue between  all the  departments and  Mr. Norman.  The term                                                               
"the standard practice of the  industry" is deleted and "good oil                                                               
field practice" is inserted.                                                                                                    
                                                                                                                                
She said the  committee has a memorandum from  Mr. Bullock, dated                                                               
April 4, saying  that the term "good oil field  practice" is used                                                               
in The Manual of Oil and Gas.                                                                                                   
                                                                                                                                
3:45:34 PM                                                                                                                    
JOHN NORMAN,  Chair, Alaska Oil  and Gas  Conservation Commission                                                               
(AOGCC) said the AOGCC supported Amendment 1.                                                                                   
                                                                                                                                
CHAIR  HUGGINS  moved  to  adopt   Amendment  1.  There  were  no                                                               
objections and Amendment 1 was adopted.                                                                                         
                                                                                                                                
3:46:28 PM                                                                                                                    
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                    25-LS0425\M.2                                                               
                                                                                                                                
     OFFERED IN THE SENATE                   BY SENATOR WAGONER                                                                 
     TO: CSSB 80(   ), Draft Version "M"                                                                                        
                                                                                                                                
     Page 4, lines 9 - 10:                                                                                                      
          Delete "lease expenditures that may not be                                                                            
     deducted"                                                                                                                  
          Insert "costs that may not be treated as lease                                                                        
       expenditures or claimed as a credit based on costs                                                                       
     that may not be claimed as lease expenditures"                                                                             
                                                                                                                                
     Page 4, line 10:                                                                                                           
          Delete "AS 43.55.165(e), as amended"                                                                                  
          Insert "AS 43.55.165(e)(19), as enacted"                                                                              
                                                                                                                                
     Page 4, line 13, following "AS 43.55.020(a)":                                                                              
         Insert "before the effective date of this Act"                                                                         
                                                                                                                                
     Page 4, line 15:                                                                                                           
          Delete "lease expenditures that may not be                                                                            
     deducted"                                                                                                                  
          Insert "costs that may not be treated as lease                                                                        
       expenditures or attributable to a credit based on                                                                        
     costs that may not be claimed as lease expenditures"                                                                       
          Delete "AS 43.55.165(e) as amended"                                                                                   
          Insert "AS 43.55.165(e)(19), as enacted"                                                                              
                                                                                                                                
     Page 4, following line 17:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(c)  Interest on an additional amount of tax due                                                                     
     under  (a) of  this section  or  on the  amount of  the                                                                    
     underpayment  of  an  installment  under  (b)  of  this                                                                    
     section does  not begin to  accrue until 90  days after                                                                    
     the effective date of this Act."                                                                                           
                                                                                                                                
MS. JACKSON explained  that Amendment 2 is  a technical amendment                                                               
and is a result of a  conversation with Mr. Iverson and Mr. Mintz                                                               
from  the Department  of  Revenue  and Mr.  Bullock.  She said  a                                                               
memorandum from  Mr. Bullock dated  April 4 discusses  the issues                                                               
that clarify what costs are not deductible.                                                                                     
                                                                                                                                
CHAIR HUGGINS asked if this worked for the AOGCC.                                                                               
                                                                                                                                
MR. NORMAN responded that it works from the AOGCC's perspective.                                                                
                                                                                                                                
3:47:45 PM                                                                                                                    
Huggins moved to adopt Amendment  2. There were no objections and                                                               
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
3:49:30 PM                                                                                                                  
                          AMENDMENT 3                                                                                       
                                                                                                                                
                                                    25-LS0425\M.3                                                               
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                   BY SENATOR WAGONER                                                                 
     TO:  CSSB 80(   ), Draft Version "M"                                                                                       
                                                                                                                                
     Page 3, lines 21 - 22:                                                                                                     
          Delete   "Alaska   Oil    and   Gas   Conservation                                                                
     Commission"                                                                                                            
          Insert "person in the Department of Natural                                                                       
     Resources  who  is  the   lead  person  for  exercising                                                                
     oversight  over   the  maintenance   of  oil   and  gas                                                                
     facilities,  equipment,   and  infrastructure   in  the                                                                
     state"                                                                                                                 
                                                                                                                                
MS. JACKSON  explained that Amendment  3 is the direct  result of                                                               
Administrative  Order 234.  It  deletes the  AOGCC  out from  the                                                               
consulting group  and inserts the  PSIO instead, because  that is                                                               
the umbrella agency that will  establish maintenance standards so                                                               
that improper standards can be identified.                                                                                      
                                                                                                                                
3:50:27 PM                                                                                                                    
MR. NORMAN explained  that AO 234 designates the AOGCC  as one of                                                               
the working  groups under the Petroleum  Systems Integrity Office                                                               
(PSIO), the coordinating lead agency that is set up by AO 234.                                                                  
                                                                                                                                
3:51:48 PM                                                                                                                    
CHAIR  HUGGINS asked  if there  were objections  to Amendment  3.                                                               
There were none and so Amendment 3 was adopted.                                                                                 
                                                                                                                                
3:52:11 PM                                                                                                                    
MS. JACKSON  noted that the  PSIO is directly funded  through the                                                               
operating budget.                                                                                                               
                                                                                                                                
3:52:56 PM                                                                                                                    
CHAIR  HUGGINS asked  Mr. Norman  to explain  how the  amendments                                                               
affect the bill starting on page 3, line 19.                                                                                    
                                                                                                                                
3:54:34 PM                                                                                                                    
MR.  NORMAN  said  that  making  the  PSIO  the  umbrella  agency                                                               
streamlines the process.                                                                                                        
                                                                                                                                
CHAIR HUGGINS asked  him to comment on subsection (B)  on page 3,                                                               
line 26.                                                                                                                        
                                                                                                                                
MR. NORMAN  responded that subsection  (B) would  deny deductions                                                               
for  costs "incurred  to maintain  the operational  capability of                                                               
facilities or equipment shut down  because of lack of or improper                                                               
maintenance  of  property  or  equipment".  The  AOGCC  has  only                                                               
perspective on  this is that  it is desirable to  leave operators                                                               
maximum flexibility  to make repairs  to equipment  or facilities                                                               
without having  this general incentive  to try to  keep operating                                                               
when perhaps  the safest  thing to  do would be  to have  a total                                                               
shut down. He  emphasized that was purely  a policy consideration                                                               
and  that the  AOGCC  would work  with  whatever the  legislature                                                               
decided.                                                                                                                        
                                                                                                                                
CHAIR HUGGINS  said he has  heard the analogy used  that whatever                                                               
subsection (B)  does, it  would be  like saying  that he  owns an                                                               
airplane that  needs to be maintained,  but he decides to  wait a                                                               
while to do that even though he  knows it has a bad piston on one                                                               
side and a broken  spark plug on the other. Then  he puts his son                                                               
in it  with him  and goes bear  hunting. He asked  if the  (B) is                                                               
being characterized.                                                                                                            
                                                                                                                                
MR. NORMAN agreed that analogy  captured the thought. The AOGCC's                                                               
perspective is  that that decision  is best left to  the operator                                                               
for safety  reasons and because  the operator  is the one  who is                                                               
going  to bear  the  consequences  if he  doesn't  affect a  good                                                               
repair. He explained  that under this bill,  operators still have                                                               
that  flexibility,   but  it  contains  a   gentle  nudge  toward                                                               
continuing to  operate as  opposed to  shutting down  a facility.                                                               
The  Commission has  an eye  on safety,  prevention of  waste and                                                               
things like that.                                                                                                               
                                                                                                                                
For example,  the North Star field  had a leak very  recently and                                                               
the operator opted  to shut down. The AOGCC thought  that was the                                                               
most  prudent   course  of  action,  although   there  were  some                                                               
alternatives the  operator could have pursued  that wouldn't have                                                               
been objectionable. He  said he just couldn't  judge whether this                                                               
language would cause  operators to decide to  continue to operate                                                               
when the more prudent course of action might be otherwise.                                                                      
                                                                                                                                
3:59:19 PM                                                                                                                    
SENATOR GREEN  asked if the  language in subsections 19  (A), (B)                                                               
and (C)  [on page  26 of  CSSB 80(RES)  version M]  were standard                                                               
industry terms and if they were well-defined.                                                                                   
                                                                                                                                
MR. NORMAN replied that this  particular provision is plowing new                                                               
ground.  The implementing  agencies would  promulgate regulations                                                               
to flesh out the term of  "good oil field practices" and then the                                                               
courts would  review them  if there was  a contentious  issue. He                                                               
said  it  would be  difficult  to  anticipate every  circumstance                                                               
without writing a thick code.                                                                                                   
                                                                                                                                
4:01:39 PM                                                                                                                    
CHAIR HUGGINS said  the prevailing operational term  is "good oil                                                               
field practices."                                                                                                               
                                                                                                                                
MR. NORMAN  replied yes  and that it  is used in  Title 31  in at                                                               
least one place where the AOGCC  is required to determine that an                                                               
operator committed  waste. However, in  this bill it  is employed                                                               
in other places  for advising the DOR, as well.  He said the term                                                               
is  also used  in some  of their  regulations as  well as  in the                                                               
regulations of some other states.                                                                                               
                                                                                                                                
4:02:29 PM                                                                                                                    
SENATOR WAGONER said he has seen  a Solar Centaur turbine in Cook                                                               
Inlet and  that the standard practices  are set up in  manuals by                                                               
the corporations  that supply  and train  the people  to maintain                                                               
the turbines.  They generally require  certain checks  at certain                                                               
times  in  so many  hours  of  operation  - similar  to  airplane                                                               
turbines. To  him this  means if  they do  not follow  the proper                                                               
testing and  maintenance prescribed in those  manuals, then these                                                               
costs could be disallowed. This  stands to reason because most of                                                               
these companies don't want failure, either.                                                                                     
                                                                                                                                
MR.  NORMAN  agreed,  but  added   that  sometimes  there  aren't                                                               
manuals.  There are  some bad  oil  fields around  the world,  he                                                               
said, and using their standard  practices would not be acceptable                                                               
in Alaska.  Using good oil  field practices as a general standard                                                               
and is  a higher more  objective standard than those  relating to                                                               
specific field  standards and this  is the approach taken  by the                                                               
AOGCC in  its enforcement operations.  This is where  the meaning                                                               
of "good oil field practices" could get a little bit tricky.                                                                    
                                                                                                                                
4:06:31 PM                                                                                                                    
CHAIR  HUGGINS  moved  on  page  3, lines  26  -  28,  to  delete                                                               
subsection (B).                                                                                                                 
                                                                                                                                
SENATOR WAGONER  objected saying  the subsection is  an important                                                               
part of  the bill and it's  perfectly workable the way  it is. He                                                               
asked the bill's drafter to speak to it.                                                                                        
                                                                                                                                
4:08:03 PM                                                                                                                    
DON  BULLOCK,  drafting  attorney,  Legislative  Legal  Services,                                                               
explained that the costs referred  to in this subsection would be                                                               
the result of a failure  of not maintaining pipeline equipment to                                                               
an  expected level.  They do  not  refer to  just maintenance  in                                                               
general.  Whatever  costs flow  from  that  lack of  or  improper                                                               
maintenance,  if it  results in  the facility  having to  be shut                                                               
down for  whatever reason, then  those costs that would  not have                                                               
otherwise  been  incurred except  for  the  lack of  or  improper                                                               
maintenance would not  be allowed to be deducted. And  the way to                                                               
prevent it is to do maintenance.                                                                                                
                                                                                                                                
4:09:10 PM                                                                                                                    
SENATOR WIELECHOWSKI asked for a  real life example of what would                                                               
happen if this subsection were taken out.                                                                                       
                                                                                                                                
MR. NORMAN  went back to  the North Star  field leak with  a two-                                                               
week shut down.  The operator thought shutting down  was the most                                                               
prudent course of action and  immediately notified the AOGCC that                                                               
agreed. Shutting down allowed them  to better perform diagnostics                                                               
and  to  make  a  repair.  There  were  some  other  options  for                                                               
continuing to operate  by effecting a bypass and  that would have                                                               
been acceptable to  the AOGCC as well, but the  fact remains that                                                               
they were out  the production of 25,000 - 30,000  barrels per day                                                               
for a  couple of weeks.  They took the most  conservative careful                                                               
approach and repaired  the line and that field is  now back up to                                                               
full  production. The  limited point  he raised  is whether  it's                                                               
good policy to limit those  expenses because there are safety and                                                               
conservation  issues as  well  as revenue  issues.  They are  not                                                               
talking about willful conduct and  gross negligence, but rather a                                                               
mistake.  "And to  be  honest, mistakes  happen  in every  single                                                               
business" Mr. Norman said.                                                                                                      
                                                                                                                                
4:11:58 PM                                                                                                                    
SENATOR WIELECHOWSKI said  this isn't about just  a mistake. This                                                               
is  a  mistake  caused  by  an operator's  lack  of  or  improper                                                               
maintenance and  he saw a  big difference. Allowing  the operator                                                               
to  take the  deduction  is  rewarding him  for  failing to  take                                                               
proper action.                                                                                                                  
                                                                                                                                
MR. NORMAN  replied that  he understands that,  but it's  still a                                                               
mistake  if you  go  back to  the root  cause.  It's not  willful                                                               
conduct  or  reckless  or gross,  because  those  situations  are                                                               
already covered in section 6.  They're talking about getting down                                                               
to  someone,  some   employee,  failed  to  put   in  the  proper                                                               
lubricant,  failed  to  change  the  gasket  right  and  suddenly                                                               
something  happened.  And  then  if it  brings  down  the  entire                                                               
facility,  that's  a  consequence,  but it  still  goes  back  to                                                               
someone made a mistake.                                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI  responded  that  he was  looking  at  this                                                               
through  a negligence  and proximate  cause lens.  If a  facility                                                               
shuts  down  as  a  result  of  negligence,  under  the  laws  of                                                               
negligence,  the  operator  is   responsible.  So,  allowing  the                                                               
deductions would  be rewarding negligent  behavior and  he didn't                                                               
think that was good public policy.                                                                                              
                                                                                                                                
4:13:45 PM                                                                                                                    
MR.  NORMAN responded  that what  Senator  Wielechowski said  was                                                               
true in  the context of a  negligence lawsuit and he  agreed, but                                                               
under federal  income tax policy,  if you  run a business  and an                                                               
employee  makes a  mistake, it's  a business  expense -  likewise                                                               
under the  Alaska corporate income  tax. "Businesses  are allowed                                                               
to deduct mistakes - whether you're  in the fishing business or a                                                               
hardware store or whatever...."                                                                                                 
                                                                                                                                
4:14:27 PM                                                                                                                    
SENATOR WAGONER said  this policy isn't up to the  federal law at                                                               
all; it's  up to the  State of Alaska  to determine what  it will                                                               
allow  to be  deducted in  the PPT  bill. The  last six  or seven                                                               
words [of subsection (B)] are crucial  and the 1 - 19 deductibles                                                               
on pages 1  - 3 are a list  of things the state does  not want to                                                               
allow to be deducted.                                                                                                           
                                                                                                                                
4:15:13 PM                                                                                                                    
SENATOR STEDMAN joined the committee.                                                                                           
                                                                                                                                
4:15:22 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if operators would be  able to deduct                                                               
a similar error off their federal taxes.                                                                                        
                                                                                                                                
MR.  NORMAN  replied   that  he  thought  they   would  and  more                                                               
importantly, he pointed  out that the PPT has  an audit provision                                                               
that says  ordinarily in a  business relationship,  partners will                                                               
contribute if  the other  operating partner  makes a  mistake. He                                                               
said,  "In fact  I have  never seen  an operating  agreement that                                                               
said that if you make a  mistake and you're the operating partner                                                               
the rest of us aren't responsible."                                                                                             
                                                                                                                                
4:16:51 PM                                                                                                                    
SENATOR WIELECHOWSKI  said it  seemed to  him that  people aren't                                                               
allowed double  tax exemptions  and he  thought the  state should                                                               
allow  operators  to  deduct  those   costs  from  their  federal                                                               
filings.                                                                                                                        
                                                                                                                                
MR.  BULLOCK inserted  that they  should step  back a  minute and                                                               
look at  what this  bill is  about. It  is a  tax bill;  it's not                                                               
about how to run an oil field. He explained:                                                                                    
                                                                                                                                
     The issue  behind this  bill as well  as all  the other                                                                    
     costs that  are disallowed as deductions  under the PPT                                                                    
     is  that  for  every  dollar  that  is  allowed  to  be                                                                    
     deducted,  the  state  is  giving   up  22.5  cents  of                                                                    
     revenue.  In  addition,  if it's  a  qualified  capital                                                                    
     expenditure, the state is giving  up another 20 percent                                                                    
     in the  form of a  credit. So,  it's 42.5 cents  out of                                                                    
     every dollar - potentially - maximum.                                                                                      
                                                                                                                                
     And what  this is - is  it says in exchange  for giving                                                                    
     the deduction of the credit  in that amount, what do we                                                                    
     expect  back. Well,  now under  the  amendment that  we                                                                    
     adopted we're expecting that they  apply good oil field                                                                    
     practices. So, that sets  our reasonable expectations -                                                                    
     that we're  giving up some money;  we're expecting that                                                                    
     they do a good job of maintaining the equipment.                                                                           
                                                                                                                                
     Now,  if they  don't,  then  like Senator  Wielechowski                                                                    
     says, if  there's an event  that causes harm,  then the                                                                    
     costs that  flow from  that event,  which in  this case                                                                    
     would be  triggered by some  failure because of  a lack                                                                    
     of or  improper maintenance,  there will be  costs that                                                                    
     will be associated  with that event. And  new policy is                                                                    
     -  is this  cost a  direct result  of that  event -  in                                                                    
     which  case if  they have  to shut  it down,  the costs                                                                    
     associated with  that shutdown, and that  shutdown only                                                                    
     occurred  because they  have already  been found  to be                                                                    
     the result of the lack  of or improper maintenance. And                                                                    
     (B) would say  since that cost flowed  from that event,                                                                    
     that we  didn't want to  pay for it. Then  we shouldn't                                                                    
     allow a deduction for the cost to close.                                                                                   
                                                                                                                                
4:19:09 PM                                                                                                                    
SENATOR  MCGUIRE said  that  ordinarily in  these  areas of  law,                                                               
there are  the strict  liability cases where  you set  a standard                                                               
that  gets  violated and  you're  strictly  liable. And  this  is                                                               
bordering close  to that. She  reasoned further that  even though                                                               
it's a  tax issue, you  are really forcing  a company to  do that                                                               
analysis  of gross  negligence versus  negligence  in making  its                                                               
deductions. She  wanted people to  understand that  negligence is                                                               
really  a very  low standard  that's why  they came  up with  the                                                               
gross negligence standard. She was  trying to figure out how this                                                               
amendment would impact a company's decision-making process.                                                                     
                                                                                                                                
4:20:41 PM                                                                                                                    
MR. NORMAN responded  that he shares the  frustration over recent                                                               
events, but he  is looking forward 10 years and  in another basin                                                               
- perhaps  out in the  Bristol Bay area or  Copper River -  a new                                                               
operator coming  in and trying  to figure  out how taxes  work in                                                               
the  State  of  Alaska.  He  felt obligated  to  point  out  that                                                               
normally:                                                                                                                       
                                                                                                                                
     If a  company is guilty  of wilful conduct,  the others                                                                    
     don't contribute  at all, they  lose any  deduction. If                                                                    
     they  are guilty  of gross  negligence, they  lose that                                                                    
     ability. Certain conduct  also is deemed in  the law to                                                                    
     be  deserving  of  treatment for  strict  liability  as                                                                    
     Senator McGuire  identified and an  example of  that is                                                                    
     in  section  16  of  the  bill. It  says  if  you  have                                                                    
     hydrocarbons and  they get  lose into  the environment,                                                                    
     we  don't  care why  you  did  it;  we don't  care  how                                                                    
     careful you were,  if it happened, you're  not going to                                                                    
     get any deduction.                                                                                                         
                                                                                                                                
     The only thing  that I am attempting  to identify right                                                                    
     here  is that  this  is rather  unusual  to zero-in  on                                                                    
     negligence, which is  at the top of the  heap is wilful                                                                    
     misconduct   and  then   there's  gross   negligence  -                                                                    
     recklessness   -   and   those  things   normally   are                                                                    
     disallowed.                                                                                                                
                                                                                                                                
4:24:06 PM                                                                                                                    
SENATOR  MCGUIRE followed  up  saying that  the  committee has  a                                                               
certain party  in mind right  now, but the legislature  is trying                                                               
to enact a state  policy that will be used for  years to come and                                                               
she was concerned that the wrong word might get out.                                                                            
                                                                                                                                
4:26:08 PM                                                                                                                    
SENATOR WAGONER argued  that he agrees to  do certain maintenance                                                               
when he buys  a car. If he  blows the engine at  69,000 miles and                                                               
has not  changed the  oil properly, the  dealer will  not replace                                                               
the engine because it was not properly maintained.                                                                              
                                                                                                                                
4:26:51 PM                                                                                                                    
SENATOR WIELECHOWSKI said this bill  is not trying to put anybody                                                               
in jail here  and negligence is not mentioned  anywhere. It isn't                                                               
punitive, but  rather it offers  an incentive for good  oil field                                                               
practices.  They   are  saying  if  operators   don't  have  good                                                               
practices, they will not be allowed to deduct these costs.                                                                      
                                                                                                                                
SENATOR MCGUIRE  agreed with him,  but added that the  problem is                                                               
that certain things  are implied in the statute  when they aren't                                                               
said.   Maybe  it   should   imply  a   mental   state  and   say                                                               
"intentionally improperly maintained".                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  said they  are talking about  a lack  of or                                                               
improper maintenance  while looking  at good oil  field practices                                                               
in  making that  determination.  He didn't  have  a problem  with                                                               
saying to  someone that they  don't get  a tax deduction  for lax                                                               
improper maintenance  or completely  just ignoring  maintenance -                                                               
whether it's negligence or good oil field practices.                                                                            
                                                                                                                                
4:29:13 PM at ease 4:29:16 PM                                                                                               
                                                                                                                                
CHAIR HUGGINS restated his amendment  to delete subsection (B) on                                                               
lines 26 - 28,  page 3 of CSSB 80(RES), version  M, and asked for                                                               
a roll call vote.                                                                                                               
                                                                                                                                
Senators Green, Stedman, Stevens,  McGuire and Huggins voted yea;                                                               
Senators  Wielechowski and  Wagoner voted  nay; so  the amendment                                                               
was adopted.                                                                                                                    
                                                                                                                                
4:30:32 PM                                                                                                                    
SENATOR GREEN asked  if there had been any effort  to balance out                                                               
the lack of deductions with the  30-cent per barrel credit in the                                                               
new language.                                                                                                                   
                                                                                                                                
CHAIR HUGGINS said  the committee had some  conversations on that                                                               
issue and  had two memos from  Dr. Pedro van Meurs  and testimony                                                               
from the commissioner of DOR that found some connectivity.                                                                      
                                                                                                                                
SENATOR  STEDMAN explained  that  his understanding  is that  the                                                               
commissioner of DOR brought forward  the transcribed minutes from                                                               
August 9,  2006 on Amendment  7 that had the  actual conversation                                                               
that indicated a clear tie-in.                                                                                                  
                                                                                                                                
CHAIR HUGGINS said there appears  to be more connectivity between                                                               
the two when you read the language.                                                                                             
                                                                                                                                
4:31:48 PM                                                                                                                    
SENATOR  WAGONER asked  Mr. Bullock  to address  that because  he                                                               
didn't see any connection between the two.                                                                                      
                                                                                                                                
4:32:05 PM                                                                                                                    
MR. BULLOCK  said this has  to do with legislative  intent, which                                                               
is a  tricky issue because  it goes to what  was in the  minds of                                                               
the  people  that  voted  at   the  time.  He  didn't  think  the                                                               
confidential memo that was not  released until this year could be                                                               
considered to figure  out what the legislature  intended when the                                                               
amendment  was   offered  by  Senator  Wagoner   in  the  Special                                                               
Committee on  Natural Gas  Development. He  had searched  the PPT                                                               
history and  looked at the minutes  and could find no  mention of                                                               
negligence  or   a  standard  of   care  being  a   linchpin  for                                                               
determining whether  something could be deducted  or not. However                                                               
he said:                                                                                                                        
                                                                                                                                
     Now,  the  irony of  the  30  cents  is the  worse  the                                                                    
     repair, the  slower the oil  flows. Since the  floor is                                                                    
     30 cents times the  production, that it allows actually                                                                    
     more costs  to be deducted or  allowable [indisc.] when                                                                    
     the oil  slows down. So, in  a way, the 30  cents has a                                                                    
     downside, too.                                                                                                             
                                                                                                                                
SENATOR GREEN asked if that should be corrected.                                                                                
                                                                                                                                
SENATOR STEDMAN  asked Mr. Bullock  if he listened to  the actual                                                               
meeting or just read the minutes.                                                                                               
                                                                                                                                
MR. BULLOCK  replied that he  read the minutes and  the sponsor's                                                               
comments that are in the minutes.                                                                                               
                                                                                                                                
SENATOR  STEDMAN asked  him to  listen to  the voice  of Dr.  van                                                               
Meurs on August 9 particularly on Amendment 7.                                                                                  
                                                                                                                                
CHAIR  HUGGINS   said  Dr.   van  Meurs   had  alluded   to  some                                                               
interconnectivity at that time.                                                                                                 
                                                                                                                                
MR.  BULLOCK  replied that  you  would  only get  to  legislative                                                               
intent to  the extent  that it's  unclear in  the wording  of the                                                               
statute, itself  and the  statute doesn't talk  about a  level of                                                               
care that  is expected under the  30 cents. It talks  about terms                                                               
of repairs and replacement and  how those costs should be treated                                                               
and deducted.                                                                                                                   
                                                                                                                                
4:34:57 PM                                                                                                                    
He explained that  30 cent provision means the first  30 cents is                                                               
multiplied by  the production  and sets is  what the  operator is                                                               
going to have to pay. It's  not a deduction until they rise above                                                               
the  30-cent  floor.  If  production  is low,  the  30  cents  is                                                               
multiplied by  a smaller number  so you're disallowing  a smaller                                                               
amount of  costs because  the volume is  less. He  further opined                                                               
that:                                                                                                                           
                                                                                                                                
     If you have  a problem with that or you  want to change                                                                    
     the policy, I don't think you  can do it just by simply                                                                    
     moving  the words  around in  that sentence.  What this                                                                    
     bill  does  is  that  it approaches  the  problem  from                                                                    
     another angle and that's by  disallowing costs that are                                                                    
     related to  this lack of  or improper  maintenance. So,                                                                    
     this  is  saying  these   costs  aren't  even  deducted                                                                    
     because that  30 cents applies  to costs that  would be                                                                    
     allowable, not  costs that  aren't allowable.  And this                                                                    
     bill would  make certain costs  not allowable -  so not                                                                    
     even subject to that [indisc.].                                                                                            
                                                                                                                                
4:36:16 PM                                                                                                                    
SENATOR STEDMAN said  he understands what Mr.  Bullock is saying,                                                               
but the  discussion around  the amendments was  how to  deal with                                                               
concerns from  Alaskans as  to whether  the replacement  of pipes                                                               
and a complete  significant overhaul of Prudhoe  Bay could result                                                               
in very significant  tax breaks. He said that was  a direct quote                                                               
from  Dr. van  Meurs and  as the  legislature works  through this                                                               
policy call  by using the  negligence issue language and  all the                                                               
industry and  state disagreements over  what those should  be, he                                                               
recalled  the  compromise  solution was  the  30-cent  provision.                                                               
"That  was  pretty  clear  that  we were  looking  at  the  total                                                               
production  in  volume  and  not  trying  to  isolate  individual                                                               
fields."                                                                                                                        
                                                                                                                                
4:38:07 PM                                                                                                                    
SENATOR WAGONER said:                                                                                                           
                                                                                                                                
     Mr. Chairman, I take  exception to that comment because                                                                    
     I happen  to be the maker  of the motion. The  30 cents                                                                    
     was  to bring  us closer  to a  gross bill  than a  net                                                                    
     bill. That  was the  sole purpose of  the 30  cents and                                                                    
     Pedro  van Meurs  said  that's the  best  way he  could                                                                    
     figure  out to  bring us  there. And  that was  done in                                                                    
     consultation with  myself and two other  senators in my                                                                    
     office on the  Saturday that he wrote  that memo, which                                                                    
     I think was the fifth or  I can't remember. I've got em                                                                    
     all  here. It  had  nothing to  do  with pipelines  and                                                                    
     corroded pipelines. This  30-cent amendment was crafted                                                                    
     before BP made their announcement  and if you look back                                                                    
     on the  timeline that I  distributed here,  that's very                                                                    
     obvious. You  can follow  it right  down date  for date                                                                    
                                                 th                                                                             
     for date. The  BP shutdown happened on the 7;   Pedro's                                                                    
                              th                                                                                                
     memo to  me was on  the 5.   So we had  already crafted                                                                    
     that 30-cent amendment two days  prior to BP announcing                                                                    
     the  shutdown and  talking about  the bad  corrosion on                                                                    
     their pipes.                                                                                                               
                                                                                                                                
4:39:06 PM                                                                                                                    
CHAIR HUGGINS  said Senator  Stedman was  referring to  Pedro van                                                               
Meurs' testimony on August 9 subsequent to the shutdown.                                                                        
                                                                                                                                
SENATOR  WAGONER commented:  "It's kind  of chicken  or egg,  Mr.                                                               
Chairman."                                                                                                                      
                                                                                                                                
MR.  BULLOCK realigned  the  argument saying  that  the 30  cents                                                               
applies to a floor on costs  that are allowed and the bill before                                                               
them says that certain costs aren't  going to be allowed. So they                                                               
never  even  get  to  the  30-cent issue  because  they  are  not                                                               
something the state is willing to  share the cost on if this bill                                                               
is adopted.                                                                                                                     
                                                                                                                                
4:39:56 PM at ease 4:49:39 PM                                                                                               
                                                                                                                                
SENATOR  STEDMAN read  a portion  of Dr.  van Meurs  testimony on                                                               
from August 9, 2006 Amendment 7 that his staff had transcribed:                                                                 
                                                                                                                                
     DR. PEDRO  VAN MEURS: Great  pleasure to give  a little                                                                    
     bit of background  on this amendment. I  think over the                                                                    
     last  few days  in particular  there has  been enormous                                                                    
     concern  expressed among  Alaskans  as  to whether  the                                                                    
     replacement of pipes  and complete significant overhaul                                                                    
     of  Prudhoe Bay  could result  in very  significant tax                                                                    
     breaks or very significant deductions....                                                                                  
                                                                                                                                
     So  consequently, the  easiest thing  is to  simply say                                                                    
     okay,  we take  some  base off  of  capital, some  base                                                                    
     expenditure  that really  will  be  replacement in  the                                                                    
     future  -  probably  the  oil lines  will  have  to  be                                                                    
     replaced  or other  facilities  or  equipment or  pumps                                                                    
     would have to be replaced. And  we, over the next 20 to                                                                    
     30  years that  we hope  Prudhoe Bay  and other  fields                                                                    
     will still produce.                                                                                                        
                                                                                                                                
     (Senator  Stedman:  He's  non-American,  so  there's  a                                                                    
     little difficult in the flow of the language.)                                                                             
                                                                                                                                
     DR. VAN  MEURS: And it  is much - rather  than debating                                                                    
     forever  between the  auditors  and  the oil  companies                                                                    
     whether   something  was   repair   or  something   was                                                                    
     betterment -  it is much  easier to simply say  okay we                                                                    
     will   simply   disallow   modest  floor   of   capital                                                                    
     expenditures.  From  an international  perspective,  30                                                                    
     cents  a  barrel  taxable  production  seems  to  be  a                                                                    
     reasonable number.                                                                                                         
                                                                                                                                
SENATOR STEDMAN observed  that this was on  legislators' minds as                                                               
they dealt  with these  amendments and  tried to  come up  with a                                                               
compromise.                                                                                                                     
                                                                                                                                
4:52:31 PM                                                                                                                    
SENATOR WAGONER went  a step further to say that  there were some                                                               
words missing from that transcription  that are in this amendment                                                               
and   those  are:   "was  not   maintained   or  was   improperly                                                               
maintained". He said this is the  crux of the matter - the bottom                                                               
line.                                                                                                                           
                                                                                                                                
4:52:59 PM                                                                                                                    
SENATOR WIELECHOWSKI  read further  down to  page 2,  starting at                                                               
line 8  [of the transcript] where  Dr. van Meurs says:  "And that                                                               
would guarantee Alaskans that under  this PPT bill there would be                                                               
no  credits  - say  for  replacement  of  the  pipe -  that  some                                                               
Alaskans are  worried about." He  opined, since he wasn't  in the                                                               
legislature at  that time, if this  happened on August 9  and the                                                               
BP  pipe  problem happened  a  couple  of  days before  that,  he                                                               
presumed that would be the  pipe that Alaskans were worried about                                                               
and  that Dr.  van Meurs  is referring  to in  saying that  there                                                               
would be no credits for replacement of the pipe.                                                                                
                                                                                                                                
4:53:58 PM                                                                                                                    
SENATOR  STEDMAN recalled  that  when they  talked  about the  30                                                               
cents, it  wasn't 30  cents for  one year or  30 cents  for three                                                               
years. The 30 cents was to  run in perpetuity against the life of                                                               
the field  and certainly in some  years it would be  favorable to                                                               
the state and in some years it probably wouldn't be.                                                                            
                                                                                                                                
4:54:26 PM                                                                                                                    
SENATOR GREEN remarked that she was  so happy to get her question                                                               
answered.                                                                                                                       
                                                                                                                                
4:55:30 PM                                                                                                                    
CHAIR HUGGINS announced that HB 186 would not be heard today.                                                                   
                                                                                                                                
4:56:11 PM                                                                                                                    
SENATOR  STEDMAN  moved  to  pass   SB  80  from  committee  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
notes.  There were  no  objections and  CSSB  80(RES) moved  from                                                               
committee.                                                                                                                      
                                                                                                                                

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