Legislature(1995 - 1996)

03/07/1996 01:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                          MARCH 7, 1996                                        
                            1:45 P.M.                                          
                                                                               
  TAPE HFC 96 - 67, Side 1, #000 - end.                                        
  TAPE HFC 96 - 67, Side 2, #000 - end.                                        
  TAPE HFC 96 - 68, Side 1, #000 - #649.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair  Mark Hanley  called  the  House Finance  Committee                 
  meeting to order at 1:45 P.M.                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Martin                          
  Co-Chair Foster               Representative Mulder                          
  Representative Brown          Representative Navarre                         
  Representative Grussendorf    Representative Parnell                         
  Representative Kelly          Representative Therriault                      
  Representative Kohring                                                       
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Joe Perkins, Commissioner, Department of Transportation  and                 
  Public Facilities (DOTPF); Bob Bartholomew, Deputy Director,                 
  Division  Income  &  Excise  Audit Division,  Department  of                 
  Revenue;   Dan   Savage,  (Testified   via  teleconference),                 
  Fairbanks;  Bill  Stark,  (Testified   via  teleconference),                 
  Managing Director of Fuel, Federal Express, Memphis, TN; Tom                 
  Jensen,  (Testified   via  teleconference),   Administrator,                 
  Foreign Trade  Zone #160, Anchorage; Tim  Rogers, (Testified                 
  via   teleconference),    Legislative   Program    Director,                 
  Municipality  of  Anchorage,   Anchorage;  Richard   Curtin,                 
  General  Counsel,  Petro  Star, Anchorage;  Trent  Carbaugh,                 
  Director of Jet  Fuels, Petro Star, Anchorage;  Tom Johnson,                 
  Self, Juneau; Jeff Cook,  Vice-President, External Affairs &                 
  Administration,  MAPCO  Petroleum,  Anchorage;  Mike  Smith,                 
  Alaska  Manager  for  Wholesale  Marketing,  Distribution  &                 
  Supply, MAPCO Petroleum, Anchorage.                                          
                                                                               
  SUMMARY                                                                      
                                                                               
  HB 362    An Act extending the motor  fuel tax exemption for                 
            fuel sold for  use in  jet propulsion aircraft  to                 
            fuel  used  in  those aircraft  for  flights  that                 
            continue from a foreign country.                                   
                                                                               
            HB  362   was  HELD   in  Committee  for   further                 
            discussion.                                                        
                                                                               
                                1                                              
                                                                               
                                                                               
  HOUSE BILL 362                                                               
                                                                               
       "An Act extending the motor fuel tax exemption for fuel                 
       sold for use in jet propulsion aircraft to fuel used in                 
       those aircraft for flights that continue from a foreign                 
       country."                                                               
                                                                               
  Representative Therriault noted that HB 362 would extend the                 
  motor fuel  tax  exemption for  fuel  used in  aircraft  for                 
  flights that continue  from a  foreign country.   Currently,                 
  the State of Alaska  provides a tax exemption for  fuel used                 
  only in flights to foreign countries.                                        
                                                                               
  He  added  that  federal  law  preempts  state  taxation  of                 
  imported aviation fuel transported  through a Foreign  Trade                 
  Zone (FTZ) for use in aircraft  during foreign flights.  The                 
  federal definition  of  "foreign  flight"  includes  flights                 
  originating  from  and  flights  continuing  to  a   foreign                 
  country.                                                                     
                                                                               
  Representative Therriault continued  that two tankers filled                 
  with  tax  exempt  foreign-produced fuel  were  brought into                 
  Alaska during  1995.  It  is anticipated that  practice will                 
  increase as  airlines move to  purchase the tax  exempt fuel                 
  for use  in foreign  flights at  a lower  cost than  taxable                 
  Alaska produced fuel.                                                        
                                                                               
  He suggested that  HB 362  was needed to  provide a  "level"                 
  playing  field  to  Alaska  producers  by allowing  the  tax                 
  exemption for all fuel used in foreign flights.                              
                                                                               
       *    Federal law preempts the state from taxing fuel in                 
       an   Foreign Trade Zone (FTZ).                                          
                                                                               
       *    An  FTZ  allows  for foreign  refined  fuel  to be                 
            brought into the United  States (U.S.), without  a                 
            bond;  the  fuel  may  be  coming   with  domestic                 
            product.   The  Customs  Modernization  Act  (CMA)                 
            allowed that flexibility.                                          
                                                                               
       *    Bonded fuel is  foreign produced fuel  imported to                 
            the U.S. for use on  foreign flights.  Bonded fuel                 
            cannot be commingled with the domestic product; it                 
            must come into a dedicated facility.                               
                                                                               
       *    Air carriers will purchase fuel from the  cheapest                 
            source.                                                            
                                                                               
       *    The  FTZ  in  Anchorage  creates   an  unfair  tax                 
            advantage to foreign produced fuel.                                
                                                                               
       *    The State of Alaska and  the Alaska based refiners                 
                                                                               
                                2                                              
                                                                               
                                                                               
            did not create the inequity.                                       
                                                                               
       *    Two  tankers  filled   with  tax  exempt  foreign-                 
            produced  fuel  were  brought  into Alaska  during                 
            1995.    It  is  anticipated  that  practice  will                 
            increase  as  airlines move  to  purchase the  tax                 
            exempt fuel for use in foreign  flights at a lower                 
            cost than taxable Alaska produced fuel.                            
                                                                               
       *    Revenue losses reflecting in the fiscal note would                 
            be lost  anyway as  carriers purchases  additional                 
            tax exempt fuel.                                                   
                                                                               
       *    Unless presented with an alternative solution,  HB
            362 is needed  to provide a "level"  playing field                 
            to Alaska producers.                                               
                                                                               
  BILL   STARK,   (TESTIFIED  VIA   TELECONFERENCE),  MANAGING                 
  DIRECTOR OF FUEL,  FEDERAL EXPRESS,  MEMPHIS, TN., spoke  to                 
  the legislation  which would  "level" the  playing field  in                 
  open  competition  for the  Alaska  refiners who  compete to                 
  supply   jet   fuel  in   Alaska.     He   noted   that  his                 
  responsibilities include researching the lowest cost fuel to                 
  the  airlines that  he represents.   Mr.  Stark added,  that                 
  responsibility would include bringing foreign refined bonded                 
  jet fuel into Alaska if that would provide a savings.                        
                                                                               
  Mr.  Stark  added that  if the  Foreign  Trade Zone  did not                 
  exist, it would be less convenient for the carriers to bring                 
  foreign refined bonded fuel into the State.  That fuel would                 
  not  be commingled with the domestic fuel.  It would have to                 
  be placed into another  tank.  Federal Express (Fed  Ex) has                 
  built storage  in Anchorage  which could  easily accommodate                 
  that  fuel  if  required.    For  economic  flexibility  and                 
  operational  reasons,  it  would be  more  convenient  to be                 
  operated through the free trade zone  and then mingle all of                 
  the fuel together.                                                           
                                                                               
  Co-Chair Hanley responded that bonded  trade zone fuel would                 
  not be taxable.  Mr. Stark pointed  out that Fed Ex has used                 
  bonded fuel  in the past two years  and that fuel had passed                 
  through the FTZ.                                                             
                                                                               
  Representative  Martin   questioned   if   the   State   was                 
  relinquishing  the tax too quickly in an effort to undermine                 
  the local distributor.   Mr. Stark  responded that the  fuel                 
  was moved from  the Middle East via a  super tanker and then                 
  it was  broken down.  That  product was then  moved to three                 
  locations,  Los  Angeles, Hawaii  and  Anchorage.   Only the                 
  Alaska portion  made money.   Chevron added a  bonded tanker                 
  thus, that created a successful venture for them.                            
                                                                               
                                                                               
                                3                                              
                                                                               
                                                                               
  Co-Chair Hanley asked if it would be economically viable for                 
  Fed Ex  to use fuel  which cost one  cent less than  fuel in                 
  Alaska.  Mr. Stark stressed that  it would.  Co-Chair Hanley                 
  asked if the three and half cent elimination as proposed was                 
  passed, would  it then still be profitable for that company.                 
  Mr. Stark replied that it would  be a profitable margin even                 
  at  one-tenth  of  one  cent   per  gallon,  currently,  the                 
  difference between market fuel and domestic fuel.                            
                                                                               
  Co-Chair Hanley questioned with the  elimination of the tax,                 
  could  a company  still bring  in fuel  cheaper through  the                 
  bonded market.  Mr. Stark replied  that would not be likely.                 
  However,  in  the Alaskan  market  with only  three refiners                 
  available, the market can become too isolated.  He suggested                 
  that it would be to the carriers benefit to bring in outside                 
  product.                                                                     
                                                                               
  Representative   Therriault  pointed   out  that   in  other                 
  legislative   committee   hearings,  there   was  discussion                 
  regarding whether other in-state refiners had a large enough                 
  profit margin to be able to  absorb the tax and continue  to                 
  be competitive.   Representative Therriault contended,  they                 
  would have too.  The market  has become out of balance as  a                 
  result from FTZ operations.                                                  
                                                                               
  Co-Chair  Hanley asked  the cost  difference between  bonded                 
  fuel going through the Foreign Trade Zone and fuel that does                 
  not go that route.   Mr. Stark noted that the  cost would be                 
  below  one-tenth  of one  cent  different.   Co-Chair Hanley                 
  advised that  the issue  at hand  was not  with the  Foreign                 
  Trade Zone,  but rather  a  problem with  bonded fuel  which                 
  allows the tax  exemption.  Mr.  Stark pointed out that  the                 
  bonded fuel concern result from a federal customs program.                   
                                                                               
  Representative Therriault pointed out that customs personnel                 
  would  be required to  review and oversee  the transport and                 
  use of  the bonded  fuel.   He  noted  that issue  was  more                 
  complicated than separate storage.  Mr. Stark added that the                 
  accounting rules for losses  and gains in fuel are  the same                 
  for bonded and free trade zone fuel.                                         
                                                                               
  Mr.  Stark explained  that bonded  fuel which  is formed  by                 
  crude oil, is refined  in a foreign refinery,  then imported                 
  into the United States for use in international commerce for                 
  international commerce reasons.  This  fuel is considered to                 
  have  not  entered the  United  States because  it  is under                 
  customs bonds.   Free  trade zone  fuel is  foreign produced                 
  crude  oil  that  is  refined in  a  domestic  United States                 
  refinery  and  used on  international  flights.   Both these                 
  fuels are non-taxable  because they have entered  the states                 
  for  commerce.   There exists  free trade  zone storage  and                 
  bonded storage.   Under the free  trade zone rules,  bonded,                 
                                                                               
                                4                                              
                                                                               
                                                                               
  free trade zone and domestic fuel can be commingled.                         
                                                                               
  TOM JENSEN, (TESTIFIED  VIA TELECONFERENCE),  ADMINISTRATOR,                 
  Foreign Trade Zone  #160, ANCHORAGE,  stated that a  Foreign                 
  Trade Zone  is  a site  within the  U.S. and  in  or near  a                 
  customs point of  entry.  He stated  that Anchorage, Alaska,                 
  was a point of entry.  At those places, foreign and domestic                 
  merchandise is considered  to be international commerce.   A                 
  Foreign  Trade  Zone  is  a  site  designated  by  the  U.S.                 
  Department  of Commerce within the  confines of the U.S. and                 
  is  treated  as  a  foreign  place.    Foreign  or  domestic                 
  merchandise, including petroleum can enter that zone without                 
  a  customs  entry or  payment of  excise  taxes.   The final                 
  product, when  it leaves the zone and goes international, is                 
  not taxed.   If the product,  when it leaves  that zone goes                 
  then to the continental United States, it is taxed, but only                 
  taxed on value of when it entered the zone.                                  
                                                                               
  Co-Chair Hanley  asked if Foreign Trade  Zone administrators                 
  had the  ability to  tax fuel  that comes  into the  Foreign                 
  Trade Zone.  Mr. Jensen replied  that as the grantee of  the                 
  Foreign Trade Zone, the  Municipality of Anchorage  strictly                 
  administers  that zone with  federal rules  and regulations.                 
  The United  States customs  determines what  is taxable  and                 
  non-taxable in that zone.  Mr. Jensen stated there was not a                 
  lot of flexibility within the  customs laws and regulations.                 
                                                                               
                                                                               
  Mr.  Jensen  reiterated  that  the  zone is  operated  under                 
  federal rules and regulations; he explained what was taxable                 
  under  federal  law  and what  was  not.    This is  not  an                 
  arbitrary  decision  made  by the  grantee,  but  based upon                 
  written law.  Representative Therriault  asked if there were                 
  allowances and regulations  used to base  the decision on  a                 
  particular product.   Mr.  Jensen responded  that would  not                 
  occur.  He added, that in the process of activating the site                 
  of  the  Anchorage  International  Airport,  which is  state                 
  property, the State of Alaska  negotiated a fifty year lease                 
  of  the land as  a Foreign Trade  Zone, which is  a place to                 
  service and store domestic and foreign fuel product.                         
                                                                               
  JOE PERKINS, COMMISSIONER,  DEPARTMENT OF TRANSPORTATION AND                 
  PUBLIC FACILITIES (DOTPF), testified that the Administration                 
  supports  economic  development  tools.    As the  Mayor  of                 
  Anchorage, Governor Knowles began development  of the FTZ in                 
  Anchorage as a  means of attracting value-added  business to                 
  the State.   Commissioner Perkins concurred that  there is a                 
  place for properly managed FTZ's in Alaska.                                  
                                                                               
  HB 362 was introduced  to "level" the playing field  for in-                 
  state refiners to compete against foreign refined fuel being                 
  sold through the  FTZ in Anchorage.   By utilizing the  FTZ,                 
                                                                               
                                5                                              
                                                                               
                                                                               
  foreign  fuel  is currently  being  sold to  foreign flights                 
  continuing on to  U.S. destinations  without paying the  3.2                 
  cents per gallon tax.                                                        
                                                                               
  He  noted that  the  Administration supports  Representative                 
  Therriault's intent  to "level"  the playing  field for  in-                 
  state refiners.   However, the Administration believes  that                 
  the problem could be solved administratively by changing the                 
  way  the FTZ is operated rather than eliminating the current                 
  fuel tax.   The intent  of a FTZ  would be to  bring in  new                 
  business, not to put existing  businesses at a disadvantage.                 
  Commissioner  Perkins stated  that  the Department  supports                 
  utilization of FTZ's for that purpose, however, the way  FTZ                 
  is now being used places business at a disadvantage.                         
                                                                               
  Commissioner Perkins emphasized  that the legislation  would                 
  increase revenue  lost to the  state by  not collecting  any                 
  aviation  jet fuel on any overseas flights regardless of the                 
  fuel source.  The Administration's solution will "level" the                 
  playing field  by removing  the advantage  given to  foreign                 
  refiners  over  in-state refiners  by  deactivating  the FTZ                 
  areas at the airport  that currently are being used  for the                 
  purpose of avoiding the state tax.                                           
                                                                               
  The purpose of  an FTZ would  be to provide protection  from                 
  customs  duties   or  government   excise  taxes   within  a                 
  restricted zone for  merchandise or commodities  before they                 
  enter the commerce  stream.   Generally, that protection  is                 
  granted to allow  time for  manufacturing components or  raw                 
  materials into a final  consumer product.  No state  tax can                 
  be collected on fuel provided under the FTZ process.                         
                                                                               
  Commissioner  Perkins  continued,  utilization  of  the  FTZ                 
  protection involves a 2-Step process:                                        
                                                                               
       1).  Formation and establishment  of the protected zone                 
       and  regulation by  the FTZ Board in the  Department of                 
       Commerce.   The  Board may  approve any  zone which  it                 
       deems to adequately serve the public interest.                          
                                                                               
       2).  The  U.S. Customs service must  approve activation                 
       of the zone  before any  merchandise is admitted  under                 
       FTZ protection.   When "activated",  that zone is  then                 
       legally considered outside the customs territory of the                 
       U.S.                                                                    
                                                                               
  FTZ status is granted to entities authorized under State law                 
  whom apply  to the  Board for  that protected  status.   The                 
  "grantee" may either  contract with  an operator or  operate                 
  the zone itself.  The original  intent for the Anchorage FTZ                 
  was to have the State and the Municipality jointly share the                 
  authority.  At  that time,  State law AS  45.77.010 did  not                 
                                                                               
                                6                                              
                                                                               
                                                                               
  authorize a joint  application.  That  was changed in  1988.                 
  In 1987, DOTPF  agreed to  include airport land  in the  FTZ                 
  with the conditions that; the State of Alaska be responsible                 
  for   the   management,   the   State   would   have   equal                 
  representation   on  any   board  formed   to  oversee   FTZ                 
  activities, and would  retain veto  power over any  decision                 
  made  by  the  board  which  affects airport  property.    A                 
  corporation was never formed and  the transfer of management                 
  authority never occurred.                                                    
                                                                               
  Commissioner  Perkins  summarized  the   current  situation.                 
  Foreign refined jet fuel is being  sold to carriers that are                 
  arriving from a foreign country and  then continuing on to a                 
  U.S. destination without  paying the  State's 3.2 cents  per                 
  gallon fuel  tax.  In 1995, 2 tankers  docked at the Port of                 
  Anchorage  with  aviation jet  "avjet"  fuel which  was sold                 
  through the  Foreign Trade Zone.   Each tanker  contained 10                 
  million  gallons  of  fuel, resulting  in  total  State lost                 
  revenue of $600,000.                                                         
                                                                               
  Commissioner Perkins pointed  out that  HB 362 would  expand                 
  the  exemption  currently  enjoyed  by  flights  to  foreign                 
  countries  to   include  flights  from   foreign  countries,                 
  refueling in Alaska, and continuing on to U.S. destinations.                 
  The  expansion  of the  exemption  would cost  the  State of                 
  Alaska between $3.5 and $4.6 million dollars a year.                         
                                                                               
  Commissioner  Perkins  concluded that  the situation  can be                 
  resolved  by  administrative  means.    The   Administration                 
  believes that  the  current utilization  of  the FTZ  to  be                 
  contrary to its  original intended purpose.   They recommend                 
  that it should be corrected.                                                 
                                                                               
  Co-Chair Hanley reminded Commissioner Perkins that Mr. Stark                 
  had testified  that Federal  Express intended  to take  this                 
  action regardless  if FTZ  existed or not.   They  currently                 
  have storage facilities.   He indicated that  the difference                 
  in cost would be less than 1/10 of one-cent per gallon.  The                 
  only difference would  be the commingling.   Co-Chair Hanley                 
  understood that with such  a small margin to deal  with, the                 
  Foreign  Trade Zone  should  not  make  a  difference.    He                 
  requested the Department  to provide more in  depth research                 
  on bonded fuel,  to indicate if  the previous testimony  was                 
  correct.                                                                     
                                                                               
  Commissioner Perkins responded  to Representative  Navarre's                 
  question, noting  that the  International Anchorage  Airport                 
  was part of  the FTZ.   Representative Navarre asked if  the                 
  International   Airport   could  withdraw   from   the  FTZ.                 
  Commissioner Perkins replied that  the State could  initiate                 
  proceedings to withdraw, although it  would be easier if the                 
  administrator of the FTZ  agreed that it should  be changed.                 
                                                                               
                                7                                              
                                                                               
                                                                               
  Procedures  for  changing do  exist.    The  State  has  not                 
  investigated other options available to changing the current                 
  situation.                                                                   
                                                                               
  (Tape Change, HFC 96-67, Side 2).                                            
                                                                               
  Representative Martin asked what the benefits were to Alaska                 
  to  encourage use of the FTZ.   Commissioner Perkins replied                 
  that  cargo activity at  the Anchorage International Airport                 
  involves mainly fuel.   In  the last five  years, there  has                 
  been  a  25%  increase  in  the  use  of  that  airport  for                 
  international cargo.   That statistic  places Alaska in  the                 
  first  to third  category in total  tonnage of  cargo moving                 
  through the airport.   All that activity has been  done with                 
  the current fuel  tax imposed.   The airport has grown  with                 
  that tax.  In relationship to other states, Alaska tax price                 
  is competitive.                                                              
                                                                               
  Commissioner Perkins continued, United  Parcel Service (UPS)                 
  has announced plans to triple the  size of their facility in                 
  Anchorage airport.   Federal  Express is  designating a  new                 
  building to train their  flight crews.  They have  also just                 
  received rights  for two  more flights  to  China per  week.                 
  Northwest Airlines is currently  evaluating options for more                 
  international parking and handling facilities.  Other  firms                 
  are  in  negotiations  to  construct  a  multi-tenant  cargo                 
  facility for international  foreign cargo.  The  current tax                 
  structure has been  factored into the negotiations  with the                 
  above mentioned business.                                                    
                                                                               
  Representative Therriault agreed that the benefit of the FTZ                 
  for Alaska  is the  creation of jobs.   He pointed  out that                 
  fuel flowing  through a pipeline  has not created  that many                 
  jobs.  The benefit  to the State has been the  fees that the                 
  Municipality of Anchorage has been  able to generate through                 
  operation.                                                                   
                                                                               
  Mr. Jensen stated  that $25 thousand dollars  per vessel was                 
  generated  through  fees   last  season  for  use   of  port                 
  facilities.    Two  fuel  vessels  did  use  that  facility.                 
  Representative Therriault referenced the Board's language of                 
  purpose:                                                                     
                                                                               
       "The Board  may at  any time  order the  exclusion                      
       from the zone of any goods or process of treatment                      
       that in its judgement is detrimental to the public                      
       interest, health or safety".                                            
                                                                               
  Representative Therriault thought that the legislation would                 
  be "enhancing" to public interest.                                           
                                                                               
  Co-Chair Hanley asked if the tax were removed, what would be                 
                                                                               
                                8                                              
                                                                               
                                                                               
  the profit margin  and how would  that amount  be used.   He                 
  understood the competitive difference to be one-cent.                        
                                                                               
  BOB BARTHOLOMEW,  DEPUTY DIRECTOR, DIVISION  INCOME & EXCISE                 
  AUDIT DIVISION,  DEPARTMENT OF  REVENUE, replied  that there                 
  was not enough information available to determine a refiners                 
  profit margin.   The profit would  be determined in  general                 
  figures using the market status.                                             
                                                                               
  Mr. Bartholomew responded to Representative Brown's concern,                 
  noting that the Department of  Revenue (DOR) has provided an                 
  analysis of the Ward Air case.   The State has the authority                 
  to  charge an  excise  tax on  fuel  whether it  is used  on                 
  domestic  or foreign  flights.   The State does  not believe                 
  that  they have  the ability to  do that in  a Foreign Trade                 
  Zone or with bonded fuel.  Preemptions exist in federal law.                 
  To date, the  Department of Law (DOL) has not  yet issued an                 
  opinion regarding that concern.                                              
                                                                               
  Representative Navarre inquired  about the cost sold  of the                 
  fuel barged into Alaska.  Mr. Bartholomew explained that the                 
  posted  price  and   the  contract  price  differs.     That                 
  information  as  determined  by the  market,  is  part  of a                 
  confidential agreement, and  is not available to  the State.                 
  Although, a wholesaler  is required to  report to the  State                 
  the number of gallons received and the price paid.                           
                                                                               
  Co-Chair Hanley  asked  if  Tesoro brought  in  fuel.    Mr.                 
  Bartholomew replied that Tesoro was  involved in the process                 
  of bringing in fuel, but he did not know the extent of their                 
  involvement.  Tesoro produces and  imports domestic jet fuel                 
  for sale to their customers.                                                 
                                                                               
  Representative  Therriault  disagreed  that  passage of  the                 
  legislation   would   shield   in-state    refineries   from                 
  competitive forces.   He added that everyone was  paying the                 
  tax except the  foreign source.   He felt  that was  unfair.                 
  Co-Chair  Hanley  pointed  out  that if  the  3.2%  tax  was                 
  removed, both the refineries in-state and out-of-state would                 
  share  the  same  competitive  advantage.   He  thought  the                 
  playing field would continue to grow.                                        
                                                                               
  DAN SAVAGE, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS, spoke                 
  in opposition  to the legislation  noting the loss  of State                 
  revenue.   Representative  Therriault  interjected that  the                 
  revenue for the State would be lost regardless.                              
                                                                               
  TIM  ROGERS,  (TESTIFIED  VIA  TELECONFERENCE),  LEGISLATIVE                 
  PROGRAM  DIRECTOR,  MUNICIPALITY  OF  ANCHORAGE,  ANCHORAGE,                 
  confirmed that the  municipality would be meeting  next week                 
  with  State  officials in  order  to  come up  with  another                 
  solution to the problem.  He  reminded Committee members how                 
                                                                               
                                9                                              
                                                                               
                                                                               
  important Anchorage  International Airport is and how highly                 
  competitive the  environment is  in which  it operates.   He                 
  requested  that the  Committee provide  oversight to  enable                 
  continued operations of  the fifteen  carriers while at  the                 
  same  time,  attracting  new carriers.    He  emphasized the                 
  importance of not stifling free trade competition within the                 
  airport.                                                                     
                                                                               
  Representative Therriault  listed other factors  which bring                 
  business to the Anchorage Airport.   He pointed out the time                 
  constraints on operations of the airports within the Pacific                 
  Rim.  He emphasized that  Anchorage is strategically located                 
  so that international  airlines can fly  to the Pacific  Rim                 
  sites before those airports are closed.                                      
                                                                               
  RICHARD  CURTIN,  GENERAL  COUNSEL,  PETRO STAR,  ANCHORAGE,                 
  spoke in support  of the legislation.   Passage of the  bill                 
  would  not  result  in lost  revenue  for  the  State.   The                 
  carriers have the  capability to bring  in bonded fuel,  and                 
  Petro Star believes that they will do so.                                    
                                                                               
  Mr.  Curtin stressed  that the  Administration's  attempt to                 
  "level" the playing field will be  a gamble.  He recommended                 
  that the State  do everything that  they can to make  Alaska                 
  attractive to foreign  traffic.   Mr. Curtin encouraged  the                 
  Committee to opt  to exempt "made  in Alaska" fuel from  the                 
  tax as long  as foreign  fuel was exempt.   Co-Chair  Hanley                 
  questioned the tax margin advantage.                                         
                                                                               
  TRENT   CARBAUGH,  DIRECTOR  OF   JET  FUELS,   PETRO  STAR,                 
  ANCHORAGE, stated  that prices change every week.   They are                 
  determined  by the  Los Angeles  market each day.   Contract                 
  agreements exist with each airlines.  Those prices are fixed                 
  at the beginning and hold for  the duration of the contract.                 
  Changes are  based by many  variables; it  is impossible  to                 
  estimate the tax margin percentage.                                          
                                                                               
  Co-Chair Hanley asked if foreign fuel  had to be imported as                 
  bonded fuel.   Mr. Curtin stated that it did  not.  Co-Chair                 
  Hanley understood that the reason  that airlines continue to                 
  do it, is that the bonded  fuel would provide exemption from                 
  the tax.   He thought that  there would be costs  associated                 
  with the bonding.   He added, should the tax  be eliminated,                 
  there be a  need to bond.   Mr. Curtin pointed out  that Mr.                 
  Stark indicated the  average costs of bonding fuel  was less                 
  than  1/10  of   one-cent  per  gallon.     Co-Chair  Hanley                 
  understood that the  cost was the difference  of commingling                 
  within the FTZ and the  bonding.  He reiterated that  FTZ is                 
  not the issue; the concern appears to be the bonded fuel.                    
                                                                               
  Co-Chair  Hanley requested  Commissioner Perkins  to provide                 
  further information regarding the bonding  costs paid by the                 
                                                                               
                               10                                              
                                                                               
                                                                               
  oil companies; he asked if those costs would be changed with                 
  removal of  that tax.   Mr.  Curtin advised  that the  major                 
  portion of  the bonding  cost resulted  from the  segregated                 
  storage.                                                                     
                                                                               
  Representative  Navarre questioned  if the  bond requirement                 
  was increased or if the tax  was reduced, would the in-state                 
  refineries then have  a 3.2 cent  cushion.  Mr. Curtin  said                 
  they wouldn't.  That cost could not be beaten and would most                 
  likely eliminate the  in-state refinery  out of the  market.                 
  Every gallon  brought into Alaska  would become a  gallon of                 
  fuel cheaper than refined in Alaska.  Representative Navarre                 
  reminded Mr. Curtin that currently suffer from periodic fuel                 
  shortages.                                                                   
                                                                               
  Mr.  Carbaugh  informed  members  that  more  fuel  will  be                 
  imported  into  the  market.    That  imported  fuel has  an                 
  advantage  over  the  in-state  refineries.   Prior  to  FTZ                 
  operation,  the  only  fuel  that   was  imported,  was  the                 
  additional volume  that the  in-state  refineries could  not                 
  make.    From this  point forward,  as  long as  a situation                 
  exists, the air carriers will be checking the volumes  which                 
  they utilize  for the  inbound portions  of the  originating                 
  foreign flights.   That  fuel would  have to  be FTZ  bonded                 
  fuel.                                                                        
                                                                               
  (Tape Change, HFC 96-68, Side 1).                                            
                                                                               
  Mr. Curtin said  that governments  everywhere try to  design                 
  their tax  policies  to favor  industries.    Representative                 
  Navarre reminded Mr.  Curtin that the  playing field is  not                 
  "level" yet.   He suggested  that transportation costs  will                 
  impact the market concern.   He thought that the legislation                 
  could provide an additional profit  advantage.  Mr. Carbaugh                 
  countered that the market  has been set previous to  the tax                 
  issue.    There are  many  times  during the  year  that the                 
  imported price will beat the Los  Angeles price product.  He                 
  pointed out that is what creates the market and also creates                 
  the commodity.                                                               
                                                                               
  Mr. Curtin reiterated that Petro Star favors the legislation                 
  and that they  would like to see the  FTZ left in tact.   He                 
  thought that  the only  other politically feasible  solution                 
  would be to address the FTZ.   Petro Star would support that                 
  action in as much as it "levels" the playing field.                          
                                                                               
  Representative Martin  asked if  capacity exists  within the                 
  State  to supply our  fuel needs.   Currently,  Mr. Carbaugh                 
  said that the  three oil  companies are able  to supply  the                 
  bulk of the  needs to Anchorage.   However, there are  other                 
  refiners on the West  Coast who import product.   They would                 
  also be affected by  the tax.  The benefit of  using the FTZ                 
                                                                               
                               11                                              
                                                                               
                                                                               
  is to commingle the product.   That then allows the airlines                 
  to avoid customs provisions in segregating and bonding fuel.                 
  That solution would cause  additional management and capital                 
  costs.  He concluded that removing the FTZ would only create                 
  animosity with the airlines.                                                 
                                                                               
  Representative  Therriault  spoke to  the  loss of  the $4.2                 
  million dollars.  He noted that the Department  of Revenue's                 
  fiscal  note  indicates  a  current  loss of  $700  thousand                 
  dollars.    The airlines  are  moving aggressively  to shift                 
  their fuel source.  He thought that the $4.2 million dollars                 
  would be lost regardless.                                                    
                                                                               
  Co-Chair Hanley  requested Commissioner  Perkins to  provide                 
  information  regarding  the  problem  of  the  bonded  fuel.                 
  Representative  Brown  inquired  where  Petro Oil  purchased                 
  their crude oil from.  Mr. Curtin replied that they purchase                 
  it  from a producer  on the North  Slope, and  that cost was                 
  based  on  a  sale  price   determined  outside  the  State.                 
  Representative  Brown questioned  if the margin  received by                 
  the Alaskan refineries was a  reasonable percentage compared                 
  to what they charge the public.  Mr. Curtin advised that was                 
  confidential information.                                                    
                                                                               
  TOM JOHNSON, SELF, JUNEAU, questioned at what point does the                 
  State stop trying to meet the potential price  decreases and                 
  at what point  does the state protect the  in-state refining                 
  capability.   He asserted  that repealing  the tax will  not                 
  help  matters.  The  playing field is  not level.   He added                 
  that  on  the  international  scene,  the   Organization  of                 
  Petroleum Exporting Countries (OPEC)  cartel has been famous                 
  for cheating  on their quotas.   Mr. Johnson  concluded that                 
  when it comes to profit, anything goes.                                      
                                                                               
  JEFF   COOK,   VICE   PRESIDENT,   EXTERNAL   AFFAIRS    AND                 
  ADMINISTRATION,   MAPCO    PETROLEUM,   ANCHORAGE,    voiced                 
  appreciation  with the Administration  in trying  to "level"                 
  the  playing  field  by  working  with the  Municipality  of                 
  Anchorage to find a solution to the inequity.  He voiced his                 
  concern regarding the  bonded fuel issue.   Mr. Cook  stated                 
  that HB 362 would solve both the bonding and the  FTZ issue.                 
  Alaska  refiners  do  not  provide   enough  jet  fuel,  and                 
  supplemental fuel is imported from the West Coast.  He added                 
  that  it  does not  appear that  there  will be  enough fuel                 
  produced in the future, thus, forcing a competitive price.                   
                                                                               
  Representative  Martin   asked  if   MAPCO  finds   the  FTZ                 
  beneficial.   Mr. Cook  stated perhaps  in the  future.   He                 
  added, HB 362 does not tamper  with the FTZ.  Representative                 
  Martin voiced his support of free enterprise.                                
                                                                               
  Co-Chair Hanley  commented that assumptions appear  to drive                 
                                                                               
                               12                                              
                                                                               
                                                                               
  many of the  decisions on  the part of  the oil  refineries.                 
  Revenue will be  lost with  fuel being used  on flights  not                 
  being  taxed.    Co-Chair Hanley  suggested  that  the other                 
  issues  of  profit  margin differ.      Representative Brown                 
  inquired if the product line-up could be switched.                           
                                                                               
  MIKE   SMITH,   ALASKA    MANAGER,   WHOLESALE    MARKETING,                 
  DISTRIBUTION &  SUPPLY, MAPCO PETROLEUM,  ANCHORAGE, replied                 
  no.  MAPCO's  refinery at  North Pole, Alaska,  is a  simple                 
  distillation refinery.   Mr. Cook  added that MAPCO  refines                 
  approximately 43 thousand barrels a day and that 48% of that                 
  is jet fuel.                                                                 
                                                                               
  HB 362 was HELD in Committee for further consideration.                      
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 3:55 P.M.                                           
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                          MARCH 7, 1996                                        
                            1:45 P.M.                                          
                                                                               
  TAPE HFC 96 - 67, Side 1, #000 - end.                                        
  TAPE HFC 96 - 67, Side 2, #000 - end.                                        
  TAPE HFC 96 - 68, Side 1, #000 - #649.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Mark  Hanley  called the  House  Finance  Committee                 
  meeting to order at 1:45 P.M.                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Martin                          
  Co-Chair Foster               Representative Mulder                          
  Representative Brown          Representative Navarre                         
  Representative Grussendorf    Representative Parnell                         
  Representative Kelly          Representative Therriault                      
  Representative Kohring                                                       
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Joe Perkins, Commissioner, Department of Transportation  and                 
  Public Facilities (DOTPF); Bob Bartholomew, Deputy Director,                 
  Division  Income  &  Excise  Audit  Division,  Department of                 
  Revenue;   Dan   Savage,  (Testified   via  teleconference),                 
  Fairbanks;  Bill  Stark,  (Testified   via  teleconference),                 
  Managing Director of Fuel, Federal Express, Memphis, TN; Tom                 
  Jensen,  (Testified   via  teleconference),   Administrator,                 
  Foreign  Trade Zone #160,  Anchorage; Tim Rogers, (Testified                 
  via   teleconference),    Legislative   Program    Director,                 
                                                                               
                               13                                              
                                                                               
                                                                               
  Municipality  of  Anchorage,   Anchorage;  Richard   Curtin,                 
  General Counsel,  Petro  Star,  Anchorage;  Trent  Carbaugh,                 
  Director of Jet  Fuels, Petro Star, Anchorage;  Tom Johnson,                 
  Self, Juneau; Jeff Cook, Vice-President, External Affairs  &                 
  Administration,  MAPCO  Petroleum,  Anchorage;  Mike  Smith,                 
  Alaska  Manager  for  Wholesale  Marketing,  Distribution  &                 
  Supply, MAPCO Petroleum, Anchorage.                                          
                                                                               
  SUMMARY                                                                      
                                                                               
  HB 362    An Act extending the motor  fuel tax exemption for                 
            fuel sold for  use in  jet propulsion aircraft  to                 
            fuel used  in  those  aircraft  for  flights  that                 
            continue from a foreign country.                                   
                                                                               
            HB   362  was  HELD   in  Committee   for  further                 
            discussion.                                                        
                                                                               
  HOUSE BILL 362                                                               
                                                                               
       "An Act extending the motor fuel tax exemption for fuel                 
       sold for use in jet propulsion aircraft to fuel used in                 
       those aircraft for flights that continue from a foreign                 
       country."                                                               
                                                                               
  Representative Therriault noted that HB 362 would extend the                 
  motor fuel  tax  exemption for  fuel  used in  aircraft  for                 
  flights that continue  from a  foreign country.   Currently,                 
  the State of Alaska  provides a tax exemption for  fuel used                 
  only in flights to foreign countries.                                        
                                                                               
  He  added  that  federal  law  preempts  state  taxation  of                 
  imported aviation  fuel transported through a  Foreign Trade                 
  Zone (FTZ) for use in aircraft  during foreign flights.  The                 
  federal definition  of  "foreign  flight"  includes  flights                 
  originating  from   and  flights  continuing  to  a  foreign                 
  country.                                                                     
                                                                               
  Representative Therriault continued  that two tankers filled                 
  with  tax exempt  foreign-produced  fuel  were brought  into                 
  Alaska during  1995.  It  is anticipated that  practice will                 
  increase as  airlines move to  purchase the tax  exempt fuel                 
  for use  in foreign  flights at  a lower  cost than  taxable                 
  Alaska produced fuel.                                                        
                                                                               
  He suggested that  HB 362  was needed to  provide a  "level"                 
  playing  field  to  Alaska  producers  by allowing  the  tax                 
  exemption for all fuel used in foreign flights.                              
                                                                               
       *    Federal law preempts the state from taxing fuel in                 
       an   Foreign Trade Zone (FTZ).                                          
                                                                               
                                                                               
                               14                                              
                                                                               
                                                                               
       *    An  FTZ  allows  for foreign  refined  fuel  to be                 
            brought  into the United  States (U.S.), without a                 
            bond;  the  fuel  may   be  coming  with  domestic                 
            product.    The  Customs  Modernization Act  (CMA)                 
            allowed that flexibility.                                          
                                                                               
       *    Bonded fuel is  foreign produced fuel imported  to                 
            the U.S. for use on foreign flights.   Bonded fuel                 
            cannot be commingled with the domestic product; it                 
            must come into a dedicated facility.                               
                                                                               
       *    Air carriers will purchase  fuel from the cheapest                 
            source.                                                            
                                                                               
       *    The  FTZ   in  Anchorage  creates  an  unfair  tax                 
            advantage to foreign produced fuel.                                
                                                                               
       *    The State of Alaska and  the Alaska based refiners                 
            did not create the inequity.                                       
                                                                               
       *    Two  tankers  filled   with  tax  exempt  foreign-                 
            produced  fuel  were  brought  into Alaska  during                 
            1995.    It  is  anticipated  that  practice  will                 
            increase  as airlines  move  to  purchase the  tax                 
            exempt fuel for use in foreign  flights at a lower                 
            cost than taxable Alaska produced fuel.                            
                                                                               
       *    Revenue losses reflecting in the fiscal note would                 
            be lost  anyway as  carriers purchases  additional                 
            tax exempt fuel.                                                   
                                                                               
       *    Unless presented with an alternative solution,  HB
            362 is needed  to provide a "level"  playing field                 
            to Alaska producers.                                               
                                                                               
  BILL   STARK,   (TESTIFIED  VIA   TELECONFERENCE),  MANAGING                 
  DIRECTOR OF FUEL,  FEDERAL EXPRESS,  MEMPHIS, TN., spoke  to                 
  the legislation  which would  "level" the  playing field  in                 
  open  competition  for the  Alaska  refiners who  compete to                 
  supply   jet   fuel  in   Alaska.     He   noted   that  his                 
  responsibilities include researching the lowest cost fuel to                 
  the  airlines that  he represents.   Mr.  Stark added,  that                 
  responsibility would include bringing foreign refined bonded                 
  jet fuel into Alaska if that would provide a savings.                        
                                                                               
  Mr.  Stark  added that  if the  Foreign  Trade Zone  did not                 
  exist, it would be less convenient for the carriers to bring                 
  foreign refined bonded fuel into the State.  That fuel would                 
  not be commingled with  the domestic fuel.  It would have to                 
  be placed into another  tank.  Federal Express (Fed  Ex) has                 
  built  storage in Anchorage  which could  easily accommodate                 
  that  fuel  if  required.    For  economic  flexibility  and                 
                                                                               
                               15                                              
                                                                               
                                                                               
  operational  reasons,  it  would be  more  convenient  to be                 
  operated through the free trade zone  and then mingle all of                 
  the fuel together.                                                           
                                                                               
  Co-Chair Hanley responded that bonded  trade zone fuel would                 
  not be taxable.  Mr. Stark pointed out that Fed Ex  has used                 
  bonded fuel in the past  two years and that fuel had  passed                 
  through the FTZ.                                                             
                                                                               
  Representative   Martin   questioned   if   the  State   was                 
  relinquishing the tax too quickly  in an effort to undermine                 
  the  local distributor.   Mr. Stark responded  that the fuel                 
  was  moved from the Middle East  via a super tanker and then                 
  it was broken down.   That product  was then moved to  three                 
  locations,  Los  Angeles, Hawaii  and  Anchorage.   Only the                 
  Alaska portion made  money.  Chevron  added a bonded  tanker                 
  thus, that created a successful venture for them.                            
                                                                               
  Co-Chair Hanley asked if it would be economically viable for                 
  Fed Ex  to use fuel  which cost one  cent less than  fuel in                 
  Alaska.  Mr. Stark stressed that  it would.  Co-Chair Hanley                 
  asked if the three and half cent elimination as proposed was                 
  passed, would  it then still be profitable for that company.                 
  Mr. Stark replied that it would  be a profitable margin even                 
  at  one-tenth  of  one  cent   per  gallon,  currently,  the                 
  difference between market fuel and domestic fuel.                            
                                                                               
  Co-Chair Hanley questioned with the  elimination of the tax,                 
  could  a company  still bring  in fuel  cheaper through  the                 
  bonded market.  Mr. Stark replied  that would not be likely.                 
  However,  in  the Alaskan  market  with only  three refiners                 
  available, the market can become too isolated.  He suggested                 
  that it would be to the carriers benefit to bring in outside                 
  product.                                                                     
                                                                               
  Representative   Therriault  pointed   out  that   in  other                 
  legislative   committee   hearings,  there   was  discussion                 
  regarding whether other in-state refiners had a large enough                 
  profit margin to  be able to absorb the tax  and continue to                 
  be competitive.   Representative Therriault contended,  they                 
  would have too.  The market  has become out of balance as  a                 
  result from FTZ operations.                                                  
                                                                               
  Co-Chair Hanley  asked  the cost  difference between  bonded                 
  fuel going through the Foreign Trade Zone and fuel that does                 
  not go that route.   Mr. Stark noted that the  cost would be                 
  below  one-tenth  of one  cent  different.   Co-Chair Hanley                 
  advised that  the issue  at hand  was not  with the  Foreign                 
  Trade Zone,  but rather  a  problem with  bonded fuel  which                 
  allows the tax  exemption.  Mr.  Stark pointed out that  the                 
  bonded fuel concern result from a federal customs program.                   
                                                                               
                                                                               
                               16                                              
                                                                               
                                                                               
  Representative Therriault pointed out that customs personnel                 
  would be  required to review  and oversee the  transport and                 
  use of  the  bonded fuel.    He noted  that  issue was  more                 
  complicated than separate storage.  Mr. Stark added that the                 
  accounting rules for losses  and gains in fuel are  the same                 
  for bonded and free trade zone fuel.                                         
                                                                               
  Mr.  Stark explained  that  bonded fuel  which is  formed by                 
  crude oil, is  refined in a foreign refinery,  then imported                 
  into the United States for use in international commerce for                 
  international commerce reasons.  This  fuel is considered to                 
  have not  entered  the United  States  because it  is  under                 
  customs  bonds.   Free trade zone  fuel is  foreign produced                 
  crude  oil  that  is refined  in  a  domestic  United States                 
  refinery  and  used on  international  flights.   Both these                 
  fuels are non-taxable  because they have entered  the states                 
  for  commerce.   There  exists free  trade zone  storage and                 
  bonded  storage.  Under  the free trade  zone rules, bonded,                 
  free trade zone and domestic fuel can be commingled.                         
                                                                               
  TOM JENSEN, (TESTIFIED  VIA TELECONFERENCE),  ADMINISTRATOR,                 
  Foreign Trade Zone  #160, ANCHORAGE,  stated that a  Foreign                 
  Trade Zone  is  a site  within the  U.S. and  in  or near  a                 
  customs point of  entry.  He stated  that Anchorage, Alaska,                 
  was a point of entry.  At those places, foreign and domestic                 
  merchandise is considered  to be international commerce.   A                 
  Foreign  Trade  Zone  is  a  site  designated  by  the  U.S.                 
  Department  of Commerce within the  confines of the U.S. and                 
  is  treated  as  a  foreign  place.    Foreign  or  domestic                 
  merchandise, including petroleum can enter that zone without                 
  a  customs  entry or  payment of  excise  taxes.   The final                 
  product, when  it leaves the zone and goes international, is                 
  not taxed.   If the product,  when it leaves that  zone goes                 
  then to the continental United States, it is taxed, but only                 
  taxed on value of when it entered the zone.                                  
                                                                               
  Co-Chair  Hanley asked if  Foreign Trade Zone administrators                 
  had the  ability to  tax fuel  that comes  into the  Foreign                 
  Trade Zone.   Mr. Jensen replied that as the  grantee of the                 
  Foreign Trade  Zone, the Municipality of  Anchorage strictly                 
  administers  that zone  with federal rules  and regulations.                 
  The United  States customs  determines what  is taxable  and                 
  non-taxable in that zone.  Mr. Jensen stated there was not a                 
  lot of flexibility within the  customs laws and regulations.                 
                                                                               
                                                                               
  Mr.  Jensen  reiterated  that  the  zone is  operated  under                 
  federal rules and regulations; he explained what was taxable                 
  under federal  law  and  what  was  not.   This  is  not  an                 
  arbitrary  decision  made  by the  grantee,  but  based upon                 
  written law.  Representative Therriault  asked if there were                 
  allowances and regulations  used to base  the decision on  a                 
                                                                               
                               17                                              
                                                                               
                                                                               
  particular product.   Mr.  Jensen responded  that would  not                 
  occur.  He added, that in the process of activating the site                 
  of  the  Anchorage  International Airport,  which  is  state                 
  property, the State of Alaska negotiated a fifty year  lease                 
  of the  land as a  Foreign Trade Zone,  which is a  place to                 
  service and store domestic and foreign fuel product.                         
                                                                               
  JOE PERKINS, COMMISSIONER, DEPARTMENT OF TRANSPORTATION  AND                 
  PUBLIC FACILITIES (DOTPF), testified that the Administration                 
  supports  economic  development  tools.    As the  Mayor  of                 
  Anchorage, Governor Knowles began development  of the FTZ in                 
  Anchorage as a  means of attracting value-added  business to                 
  the State.   Commissioner Perkins concurred that  there is a                 
  place for properly managed FTZ's in Alaska.                                  
                                                                               
  HB 362 was introduced  to "level" the playing field  for in-                 
  state refiners to compete against foreign refined fuel being                 
  sold through the  FTZ in Anchorage.   By utilizing the  FTZ,                 
  foreign  fuel  is currently  being  sold to  foreign flights                 
  continuing on to  U.S. destinations  without paying the  3.2                 
  cents per gallon tax.                                                        
                                                                               
  He  noted that  the  Administration supports  Representative                 
  Therriault's intent  to "level"  the playing  field for  in-                 
  state refiners.   However, the  Administration believes that                 
  the problem could be solved administratively by changing the                 
  way  the FTZ is operated rather than eliminating the current                 
  fuel tax.   The  intent of a  FTZ would be  to bring  in new                 
  business, not to put existing  businesses at a disadvantage.                 
  Commissioner  Perkins stated  that  the Department  supports                 
  utilization of FTZ's for that purpose, however, the way  FTZ                 
  is now being used places business at a disadvantage.                         
                                                                               
  Commissioner Perkins emphasized  that the legislation  would                 
  increase revenue  lost to the  state by  not collecting  any                 
  aviation  jet fuel on any overseas flights regardless of the                 
  fuel source.  The Administration's solution will "level" the                 
  playing field  by removing  the advantage  given to  foreign                 
  refiners  over in-state  refiners  by deactivating  the  FTZ                 
  areas at the airport  that currently are being used  for the                 
  purpose of avoiding the state tax.                                           
                                                                               
  The purpose of  an FTZ would  be to provide protection  from                 
  customs   duties  or  government   excise  taxes   within  a                 
  restricted zone  for merchandise or commodities  before they                 
  enter the commerce  stream.   Generally, that protection  is                 
  granted to allow  time for  manufacturing components or  raw                 
  materials into a final  consumer product.  No state  tax can                 
  be collected on fuel provided under the FTZ process.                         
                                                                               
  Commissioner  Perkins  continued,  utilization  of  the  FTZ                 
  protection involves a 2-Step process:                                        
                                                                               
                               18                                              
                                                                               
                                                                               
       1).  Formation and establishment  of the protected zone                 
       and  regulation by  the FTZ Board in the  Department of                 
       Commerce.   The Board  may  approve any  zone which  it                 
       deems to adequately serve the public interest.                          
                                                                               
       2).  The  U.S. Customs service must  approve activation                 
       of the zone  before any  merchandise is admitted  under                 
       FTZ protection.   When "activated",  that zone is  then                 
       legally considered outside the customs territory of the                 
       U.S.                                                                    
                                                                               
  FTZ status is granted to entities authorized under State law                 
  whom apply  to the  Board for  that protected  status.   The                 
  "grantee" may either  contract with  an operator or  operate                 
  the zone itself.  The original  intent for the Anchorage FTZ                 
  was to have the State and the Municipality jointly share the                 
  authority.  At  that time,  State law AS  45.77.010 did  not                 
  authorize a joint  application.  That  was changed in  1988.                 
  In 1987, DOTPF  agreed to  include airport land  in the  FTZ                 
  with the conditions that; the State of Alaska be responsible                 
  for   the   management,   the   State   would   have   equal                 
  representation  on   any   board  formed   to  oversee   FTZ                 
  activities, and would  retain veto  power over any  decision                 
  made  by  the  board  which  affects airport  property.    A                 
  corporation was never formed and  the transfer of management                 
  authority never occurred.                                                    
                                                                               
  Commissioner  Perkins  summarized  the   current  situation.                 
  Foreign refined jet fuel is being  sold to carriers that are                 
  arriving from a foreign country and  then continuing on to a                 
  U.S. destination without  paying the  State's 3.2 cents  per                 
  gallon fuel  tax.  In 1995, 2 tankers  docked at the Port of                 
  Anchorage  with  aviation jet  "avjet"  fuel which  was sold                 
  through the  Foreign Trade Zone.   Each tanker  contained 10                 
  million  gallons  of  fuel, resulting  in  total  State lost                 
  revenue of $600,000.                                                         
                                                                               
  Commissioner Perkins pointed  out that  HB 362 would  expand                 
  the  exemption  currently  enjoyed  by  flights  to  foreign                 
  countries  to   include  flights  from   foreign  countries,                 
  refueling in Alaska, and continuing on to U.S. destinations.                 
  The  expansion  of the  exemption  would cost  the  State of                 
  Alaska between $3.5 and $4.6 million dollars a year.                         
                                                                               
  Commissioner  Perkins concluded  that  the situation  can be                 
  resolved  by  administrative  means.    The   Administration                 
  believes that  the  current utilization  of  the FTZ  to  be                 
  contrary to its  original intended purpose.   They recommend                 
  that it should be corrected.                                                 
                                                                               
  Co-Chair Hanley reminded Commissioner Perkins that Mr. Stark                 
                                                                               
                               19                                              
                                                                               
                                                                               
  had testified  that Federal  Express intended  to take  this                 
  action regardless  if FTZ  existed or  not.   They currently                 
  have storage facilities.   He indicated that  the difference                 
  in cost would be less than 1/10 of one-cent per gallon.  The                 
  only difference would  be the commingling.   Co-Chair Hanley                 
  understood that with such  a small margin to deal  with, the                 
  Foreign  Trade  Zone  should  not  make a  difference.    He                 
  requested the Department  to provide more in  depth research                 
  on  bonded fuel, to  indicate if the  previous testimony was                 
  correct.                                                                     
                                                                               
  Commissioner Perkins responded  to Representative  Navarre's                 
  question, noting  that the  International Anchorage  Airport                 
  was part of  the FTZ.   Representative Navarre asked if  the                 
  International   Airport  could   withdraw   from  the   FTZ.                 
  Commissioner  Perkins replied that  the State could initiate                 
  proceedings to withdraw, although it would be easier  if the                 
  administrator of the  FTZ agreed that it should  be changed.                 
  Procedures  for  changing do  exist.    The  State  has  not                 
  investigated other options available to changing the current                 
  situation.                                                                   
                                                                               
  (Tape Change, HFC 96-67, Side 2).                                            
                                                                               
  Representative Martin asked what the benefits were to Alaska                 
  to  encourage use of the FTZ.   Commissioner Perkins replied                 
  that cargo activity  at the Anchorage  International Airport                 
  involves mainly fuel.   In  the last five  years, there  has                 
  been  a  25%  increase  in  the  use  of  that  airport  for                 
  international cargo.   That statistic  places Alaska in  the                 
  first  to third  category in total  tonnage of  cargo moving                 
  through the airport.   All that activity has been  done with                 
  the current fuel  tax imposed.   The airport has grown  with                 
  that tax.  In relationship to other states, Alaska tax price                 
  is competitive.                                                              
                                                                               
  Commissioner Perkins continued, United  Parcel Service (UPS)                 
  has announced plans to triple the  size of their facility in                 
  Anchorage airport.   Federal  Express is  designating a  new                 
  building to train their  flight crews.  They have  also just                 
  received rights  for two  more flights  to  China per  week.                 
  Northwest Airlines is currently evaluating  options for more                 
  international parking  and handling facilities.  Other firms                 
  are  in  negotiations  to  construct  a  multi-tenant  cargo                 
  facility for international  foreign cargo.  The  current tax                 
  structure has been  factored into the negotiations  with the                 
  above mentioned business.                                                    
                                                                               
  Representative Therriault agreed that the benefit of the FTZ                 
  for Alaska  is the creation  of jobs.   He pointed  out that                 
  fuel flowing  through a pipeline  has not created  that many                 
  jobs.  The benefit  to the State has been the  fees that the                 
                                                                               
                               20                                              
                                                                               
                                                                               
  Municipality of Anchorage has been  able to generate through                 
  operation.                                                                   
                                                                               
  Mr. Jensen  stated that $25 thousand dollars  per vessel was                 
  generated  through  fees   last  season  for  use   of  port                 
  facilities.    Two  fuel  vessels  did  use  that  facility.                 
  Representative Therriault referenced the Board's language of                 
  purpose:                                                                     
                                                                               
       "The Board  may at  any time  order the  exclusion                      
       from the zone of any goods or process of treatment                      
       that in its judgement is detrimental to the public                      
       interest, health or safety".                                            
                                                                               
  Representative Therriault thought that the legislation would                 
  be "enhancing" to public interest.                                           
                                                                               
  Co-Chair Hanley asked if the tax were removed, what would be                 
  the profit margin  and how would  that amount be  used.   He                 
  understood the competitive difference to be one-cent.                        
                                                                               
  BOB BARTHOLOMEW, DEPUTY DIRECTOR,  DIVISION INCOME &  EXCISE                 
  AUDIT  DIVISION, DEPARTMENT OF  REVENUE, replied  that there                 
  was not enough information available to determine a refiners                 
  profit margin.   The profit would  be determined in  general                 
  figures using the market status.                                             
                                                                               
  Mr. Bartholomew responded to Representative Brown's concern,                 
  noting that the Department of  Revenue (DOR) has provided an                 
  analysis of the Ward Air case.  The State has  the authority                 
  to  charge an  excise  tax on  fuel  whether it  is  used on                 
  domestic  or foreign  flights.   The State does  not believe                 
  that they  have the ability  to do  that in a  Foreign Trade                 
  Zone or with bonded fuel.  Preemptions exist in federal law.                 
  To  date, the Department of Law  (DOL) has not yet issued an                 
  opinion regarding that concern.                                              
                                                                               
  Representative Navarre inquired  about the cost sold  of the                 
  fuel barged into Alaska.  Mr. Bartholomew explained that the                 
  posted  price  and   the  contract  price  differs.     That                 
  information  as  determined  by the  market,  is  part  of a                 
  confidential agreement, and  is not available to  the State.                 
  Although, a wholesaler  is required to  report to the  State                 
  the number of gallons received and the price paid.                           
                                                                               
  Co-Chair Hanley  asked  if  Tesoro brought  in  fuel.    Mr.                 
  Bartholomew replied that Tesoro was  involved in the process                 
  of bringing in fuel, but he did not know the extent of their                 
  involvement.  Tesoro produces and  imports domestic jet fuel                 
  for sale to their customers.                                                 
                                                                               
  Representative  Therriault  disagreed  that  passage of  the                 
                                                                               
                               21                                              
                                                                               
                                                                               
  legislation   would   shield   in-state    refineries   from                 
  competitive forces.   He added that everyone  was paying the                 
  tax except the  foreign source.   He felt  that was  unfair.                 
  Co-Chair  Hanley  pointed  out  that  if  the  3.2%  tax was                 
  removed, both the refineries in-state and out-of-state would                 
  share  the  same  competitive  advantage.   He  thought  the                 
  playing field would continue to grow.                                        
                                                                               
  DAN SAVAGE, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS, spoke                 
  in opposition to  the legislation noting  the loss of  State                 
  revenue.   Representative  Therriault  interjected that  the                 
  revenue for the State would be lost regardless.                              
                                                                               
  TIM  ROGERS,  (TESTIFIED  VIA  TELECONFERENCE),  LEGISLATIVE                 
  PROGRAM  DIRECTOR,  MUNICIPALITY  OF  ANCHORAGE,  ANCHORAGE,                 
  confirmed that the  municipality would be meeting  next week                 
  with State  officials  in  order  to come  up  with  another                 
  solution  to the problem.  He reminded Committee members how                 
  important Anchorage International Airport  is and how highly                 
  competitive the  environment is  in which  it operates.   He                 
  requested  that  the Committee  provide oversight  to enable                 
  continued operations of  the fifteen  carriers while at  the                 
  same  time,  attracting  new carriers.    He  emphasized the                 
  importance of not stifling free trade competition within the                 
  airport.                                                                     
                                                                               
  Representative Therriault  listed other factors  which bring                 
  business to the Anchorage Airport.   He pointed out the time                 
  constraints on operations of the airports within the Pacific                 
  Rim.  He emphasized that  Anchorage is strategically located                 
  so that international  airlines can fly  to the Pacific  Rim                 
  sites before those airports are closed.                                      
                                                                               
  RICHARD  CURTIN,  GENERAL  COUNSEL,  PETRO STAR,  ANCHORAGE,                 
  spoke in support  of the legislation.   Passage of the  bill                 
  would  not  result  in lost  revenue  for  the  State.   The                 
  carriers have the  capability to bring  in bonded fuel,  and                 
  Petro Star believes that they will do so.                                    
                                                                               
  Mr.  Curtin stressed  that the  Administration's attempt  to                 
  "level" the playing field will be  a gamble.  He recommended                 
  that the State  do everything that  they can to make  Alaska                 
  attractive to foreign  traffic.   Mr. Curtin encouraged  the                 
  Committee to opt  to exempt "made  in Alaska" fuel from  the                 
  tax as long  as foreign  fuel was exempt.   Co-Chair  Hanley                 
  questioned the tax margin advantage.                                         
                                                                               
  TRENT   CARBAUGH,  DIRECTOR   OF  JET  FUELS,   PETRO  STAR,                 
  ANCHORAGE, stated  that prices change every week.   They are                 
  determined  by the  Los Angeles  market each day.   Contract                 
  agreements exist with each airlines.  Those prices are fixed                 
  at the beginning and hold for  the duration of the contract.                 
                                                                               
                               22                                              
                                                                               
                                                                               
  Changes are  based by  many variables;  it is impossible  to                 
  estimate the tax margin percentage.                                          
                                                                               
  Co-Chair Hanley asked if foreign fuel  had to be imported as                 
  bonded  fuel.  Mr. Curtin stated that  it did not.  Co-Chair                 
  Hanley understood that the reason  that airlines continue to                 
  do it, is that the bonded  fuel would provide exemption from                 
  the tax.   He thought that  there would be costs  associated                 
  with the bonding.   He added, should the tax  be eliminated,                 
  there be a  need to bond.   Mr. Curtin pointed out  that Mr.                 
  Stark indicated the  average costs of bonding  fuel was less                 
  than  1/10  of   one-cent  per  gallon.     Co-Chair  Hanley                 
  understood that the  cost was the difference  of commingling                 
  within the FTZ  and the bonding.  He  reiterated that FTZ is                 
  not the issue; the concern appears to be the bonded fuel.                    
                                                                               
  Co-Chair Hanley  requested Commissioner  Perkins to  provide                 
  further information regarding the bonding  costs paid by the                 
  oil companies; he asked if those costs would be changed with                 
  removal of  that tax.   Mr.  Curtin advised  that the  major                 
  portion of  the bonding  cost resulted  from the  segregated                 
  storage.                                                                     
                                                                               
  Representative  Navarre questioned  if the  bond requirement                 
  was increased or if the tax  was reduced, would the in-state                 
  refineries then have  a 3.2 cent  cushion.  Mr. Curtin  said                 
  they wouldn't.  That cost could not be beaten and would most                 
  likely eliminate the  in-state refinery  out of the  market.                 
  Every gallon  brought into Alaska  would become a  gallon of                 
  fuel cheaper than refined in Alaska.  Representative Navarre                 
  reminded Mr. Curtin that currently suffer from periodic fuel                 
  shortages.                                                                   
                                                                               
  Mr.  Carbaugh  informed  members  that  more  fuel  will  be                 
  imported  into  the  market.    That  imported  fuel has  an                 
  advantage  over  the  in-state  refineries.   Prior  to  FTZ                 
  operation,  the  only  fuel  that   was  imported,  was  the                 
  additional  volume that  the in-state  refineries could  not                 
  make.    From this  point forward,  as  long as  a situation                 
  exists, the air carriers will be checking the volumes  which                 
  they utilize  for the  inbound portions  of the  originating                 
  foreign flights.   That  fuel would  have to  be FTZ  bonded                 
  fuel.                                                                        
                                                                               
  (Tape Change, HFC 96-68, Side 1).                                            
                                                                               
  Mr. Curtin said  that governments  everywhere try to  design                 
  their  tax  policies to  favor  industries.   Representative                 
  Navarre reminded Mr.  Curtin that the  playing field is  not                 
  "level" yet.   He suggested  that transportation costs  will                 
  impact the market concern.   He thought that the legislation                 
  could provide an additional profit  advantage.  Mr. Carbaugh                 
                                                                               
                               23                                              
                                                                               
                                                                               
  countered that the market  has been set previous to  the tax                 
  issue.    There are  many  times  during the  year  that the                 
  imported price will beat the Los  Angeles price product.  He                 
  pointed out that is what creates the market and also creates                 
  the commodity.                                                               
                                                                               
  Mr. Curtin reiterated that Petro Star favors the legislation                 
  and that  they would like to see  the FTZ left in  tact.  He                 
  thought  that the only  other politically  feasible solution                 
  would be to  address the FTZ.  Petro Star would support that                 
  action in as much as it "levels" the playing field.                          
                                                                               
  Representative  Martin asked  if capacity exists  within the                 
  State  to supply  our fuel  needs.  Currently,  Mr. Carbaugh                 
  said that the  three oil  companies are able  to supply  the                 
  bulk of the  needs to Anchorage.   However, there are  other                 
  refiners on the West  Coast who import product.   They would                 
  also be  affected by the tax.  The  benefit of using the FTZ                 
  is to commingle the product.   That then allows the airlines                 
  to avoid customs provisions in segregating and bonding fuel.                 
  That solution would cause additional  management and capital                 
  costs.  He concluded that removing the FTZ would only create                 
  animosity with the airlines.                                                 
                                                                               
  Representative  Therriault  spoke to  the  loss of  the $4.2                 
  million dollars.  He noted that the Department  of Revenue's                 
  fiscal  note  indicates  a  current  loss of  $700  thousand                 
  dollars.    The airlines  are  moving aggressively  to shift                 
  their fuel source.  He thought that the $4.2 million dollars                 
  would be lost regardless.                                                    
                                                                               
  Co-Chair Hanley  requested Commissioner  Perkins to  provide                 
  information  regarding  the  problem  of  the  bonded  fuel.                 
  Representative  Brown  inquired  where  Petro Oil  purchased                 
  their crude oil from.  Mr. Curtin replied that they purchase                 
  it  from a producer  on the North  Slope, and that  cost was                 
  based  on  a  sale  price   determined  outside  the  State.                 
  Representative Brown  questioned if  the margin  received by                 
  the Alaskan refineries was a reasonable percentage  compared                 
  to what they charge the public.  Mr. Curtin advised that was                 
  confidential information.                                                    
                                                                               
  TOM JOHNSON, SELF, JUNEAU, questioned at what point does the                 
  State stop trying to meet the potential price  decreases and                 
  at what point  does the state protect the  in-state refining                 
  capability.   He asserted  that repealing  the tax will  not                 
  help  matters.  The  playing field is  not level.   He added                 
  that   on  the  international  scene,  the  Organization  of                 
  Petroleum Exporting Countries (OPEC) cartel  has been famous                 
  for cheating  on their quotas.   Mr. Johnson  concluded that                 
  when it comes to profit, anything goes.                                      
                                                                               
                                                                               
                               24                                              
                                                                               
                                                                               
  JEFF   COOK,   VICE   PRESIDENT,    EXTERNAL   AFFAIRS   AND                 
  ADMINISTRATION,   MAPCO    PETROLEUM,   ANCHORAGE,    voiced                 
  appreciation with  the Administration  in trying  to "level"                 
  the  playing  field  by  working  with the  Municipality  of                 
  Anchorage to find a solution to the inequity.  He voiced his                 
  concern regarding  the bonded fuel  issue.  Mr.  Cook stated                 
  that HB 362 would solve both the bonding  and the FTZ issue.                 
  Alaska  refiners  do  not  provide   enough  jet  fuel,  and                 
  supplemental fuel is imported from the West Coast.  He added                 
  that  it  does not  appear that  there  will be  enough fuel                 
  produced in the future, thus, forcing a competitive price.                   
                                                                               
  Representative   Martin  asked   if  MAPCO  finds   the  FTZ                 
  beneficial.   Mr. Cook  stated perhaps  in the  future.   He                 
  added, HB 362 does not tamper  with the FTZ.  Representative                 
  Martin voiced his support of free enterprise.                                
                                                                               
  Co-Chair Hanley  commented that assumptions  appear to drive                 
  many of the  decisions on  the part of  the oil  refineries.                 
  Revenue will be  lost with  fuel being used  on flights  not                 
  being  taxed.    Co-Chair Hanley  suggested  that  the other                 
  issues  of  profit  margin differ.      Representative Brown                 
  inquired if the product line-up could be switched.                           
                                                                               
  MIKE   SMITH,   ALASKA    MANAGER,   WHOLESALE    MARKETING,                 
  DISTRIBUTION &  SUPPLY, MAPCO PETROLEUM,  ANCHORAGE, replied                 
  no.  MAPCO's  refinery at  North Pole, Alaska,  is a  simple                 
  distillation refinery.   Mr. Cook  added that MAPCO  refines                 
  approximately 43 thousand barrels a day and that 48% of that                 
  is jet fuel.                                                                 
                                                                               
  HB 362 was HELD in Committee for further consideration.                      
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 3:55 P.M.                                           
                                                                               
                                                                               
                               25                                              

Document Name Date/Time Subjects