Legislature(2005 - 2006)HOUSE FINANCE 519

01/17/2006 01:30 PM House FINANCE


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01:39:47 PM Start
* first hearing in first committee of referral
+ teleconferenced
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Overview: Department of Revenue
2005 Fall Forecast
HB 22 90-DAY LEGISLATIVE SESSION
Heard & Held
                  HOUSE FINANCE COMMITTEE                                                                                       
                     January 17, 2006                                                                                           
                         1:37 p.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House Finance Committee meeting to                                                                    
order at 1:39:47 PM                                                                                                           
.                                                                                                                               
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Richard Foster                                                                                                   
Representative Mike Hawker                                                                                                      
Representative Jim Holm                                                                                                         
Representative Mike Kelly                                                                                                       
Representative Beth Kerttula                                                                                                    
Representative Carl Moses                                                                                                       
Representative Bruce Weyhrauch                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Reggie Joule                                                                                                     
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
William Corbus, Commissioner, Department of Revenue; Michael                                                                    
Williams, Chief Petroleum Economist, Department of Revenue;                                                                     
Robynn Wilson,  Tax Division,  Department of Revenue;  Tom                                                                      
Boutin, Deputy  Commissioner, Department  of Revenue;  Dan                                                                      
Stickel, Economist, Department  of Revenue; Representative                                                                      
Norm Rokeberg; Representative Ralph Samuels; Representative                                                                     
Jay Ramas                                                                                                                       
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Dudley Platt, Contract Petroleum Geologist, Anchorage                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 22     "An Act relating to the terms of legislators, to a                                                                    
          90-day regular session of the legislature, to the                                                                     
          date of  convening  a  regular session,  and  to                                                                      
          procedures of legislative committees  during the                                                                      
          interim; and providing for an effective date."                                                                        
                                                                                                                                
          HB 22 was heard and HELD in Committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
                                                                                                                                
GENERAL SUBJECT(S):                                                                                                           
^                                                                                                                             
^                                                                                                                               
     OVERVIEW: DEPARTMENT OF REVENUE 2005 FALL FORECAST                                                                       
                                                                                                                              
TIME        SPEAKER         DISCUSSION                                                                                      
1:38:54 PM WILLIAM          Related that the price of North Slope                                                             
            CORBUS,         oil on the West Coast is currently                                                                  
            COMMISSIONER,   $61.22 per barrel.   The spot price of                                                              
            DEPARTMENT  OF  natural  gas  is  $8.54.  Commissioner                                                              
            REVENUE         Corbus reviewed highlights of the fall                                                              
                            forecast from  the  Fall  2000 Revenue                                                            
                            Sources Book (copy  on file.)  He drew                                                            
                            attention to page  10, table  2-6, oil                                                              
                            price projections.                                                                                
1:42:49 PM Commissioner     Shared a December press release from                                                              
            Corbus          OPEC, which stated that the oil market                                                              
                            was well supplied and inventory levels                                                              
                            were  building.   He  referred to  the                                                              
                            world supply demand  synopsis on pages                                                              
                            33-38.  He  stated that the Department                                                              
                            of Revenue believes that there has not                                                              
                            been a structural change  in the world                                                              
                            supply/demand   relationship.       He                                                              
                            addressed the price volatility of crude                                                             
                            oil and the factors that contribute to                                                              
                            it.   The  price  differential between                                                              
                            West Texas Intermediate (WTI)  oil and                                                              
                            Alaska North Slope (ANS) oil delivered                                                              
                            to the  West  Coast has  stabilized to                                                              
                            about $2.00 per barrel.                                                                           
1:45:59 PM Commissioner     Spoke to the ANS forecast on page 12                                                              
            Corbus          and about new oil development on page                                                               
                            13.   He pointed  out the unrestricted                                                              
                            and restricted revenues on page 6.                                                                
1:47:56 PM Commissioner     Directed attention to page 14, the                                                                
            Corbus          dwindling Economic Limit Factor (ELF),                                                              
                            which  adversely   impacts  production                                                              
                            taxes.  Page  16 shows  that the state                                                              
                            still faces a structural deficit.   The                                                             
                            State of Alaska is starting to predict                                                              
                            the price of natural gas, which is also                                                             
                            a volatile commodity.                                                                             
1:50:22 PM Commissioner     Noted that Chapter 3, page 19, deals                                                              
            Corbus          with natural gas price forecasts, but                                                               
                            includes   no   production  estimates.                                                              
                            Commissioner  Corbus   concluded  that                                                              
                            current and  projected oil  prices are                                                              
                            very favorable for FY 06 and FY 07, but                                                             
                            will become a financial problem in the                                                              
                            long run.    The next  forecast update                                                              
                            will be in April.                                                                                 
1:52:15 PM Co-Chair Meyer  Referred to page 10, table 2-6, and                                                                
                            inquired about the projection that the                                                            
                            price will return to $27.50 by 2009.                                                              
1:53:03 PM MICHAEL          Referred to the handout Fall 2005                                                               
            WILLIAMS,       Forecast Rationale For Prices (copy on                                                            
            CHIEF           file.)  The graph on the cover shows                                                                
            PETROLEUM       that the forecast price is above                                                                    
            ECONOMIST,      average.  Page 2 lists six points                                                                   
            DEPARTMENT  OF  explaining why  prices  will decrease.                                                              
            REVENUE         He related how prices will retard                                                                   
                            demand,   will   stimulate  additional                                                              
                            supplies, and are cyclical.                                                                       
1:57:20 PM  Mr. Williams    Discussed  perceptions in  the  market                                                            
                            today, page 3, and explained the graph                                                              
                            on  accelerating demand  and declining                                                              
                            spare capacity.                                                                                   
1:58:58 PM  Mr. Williams    Highlighted  page   4,   the  economic                                                            
                            outlook and  changes in  U.S. gasoline                                                              
                            demand  after   the   Iranian  crisis.                                                              
                            When  oil   prices  increased,  demand                                                              
                           decreased.                                                                                         
2:00:49 PM  Mr. Williams    Explained the supply  side of  the oil                                                            
                            cost  curve on  page  5.    The  graph                                                              
                            details the  availability of oil  as a                                                              
                            function of crude oil price per barrel.                                                             
                            The quote from  the Saudi oil minister                                                              
                            shows that his country is on track with                                                             
                           production.                                                                                        
2:03:18 PM  Mr. Williams    Highlighted page 6, cyclical crude oil                                                            
                            prices,   and    the    effects   when                                                              
                            perceptions change.                                                                               
2:04:22 PM Mr. Williams     Summarized the conclusions on page 7.                                                             
2:04:49 PM  Commissioner    Added that the price of  oil drops off                                                            
            Corbus          to $27.00 in 2009 because demand will                                                               
                            go down.  Mr. Williams said there is a                                                              
                            specific Department of  Revenue policy                                                              
                            in place,  which determines  the long-                                                              
                            range forecast every other year.                                                                  
2:05:54 PM  Co-Chair Meyer  Voiced  concern  that  the  production                                                            
                            level is decreasing.  He requested more                                                             
                            information about the amount of revenue                                                             
                            obtained from  the  National Petroleum                                                              
                            Reserve-Alaska (NPR-A), versus the east                                                             
                            side  of the  North  Slope.   He  also                                                              
                            requested  information on  exploration                                                              
                            credits.                                                                                          
2:06:48 PM  Commissioner    Pointed  out  that   NPR-A  is  mostly                                                            
            Corbus          federal land and the state treasury                                                                 
                            receives  very  little royalty  share.                                                              
                            Most of those revenues are in the form                                                              
                            of severance taxes and income taxes.                                                              
2:07:21 PM  DUDLEY   PLATT, Added that the  three positive effects                                                            
            CONTRACT        of NPR-A production are corporate                                                                   
            PETROLEUM       income tax, the possibility of no                                                                   
            GEOLOGIST,      severance tax, and firmer wellhead                                                                  
            ANCHORAGE       prices.  He related that he makes                                                                   
                            production forecasts using confidential                                                             
                            information provided by the Department                                                              
                            of Revenue and by the oil industry.  He                                                             
                            pointed out forecast  limitations.  He                                                              
                            noted that  he has  provided forecasts                                                              
                            twice a year since 1989.                                                                          
2:10:11 PM Mr. Platt        Explained that the largest impact on                                                              
                            oil  forecasts is  the  timing of  new                                                              
                            developments.  For  example, the delay                                                              
                            in the timing of Port Townsend until FY                                                             
                            2016 is a delay of 100,000 barrels per                                                              
                            day.  He gave other examples of timing                                                              
                            delays.                                                                                           
2:15:17 PM  Co-Chair Meyer  Asked how  many exploratory  wells are                                                            
                            being drilled  this  year  and whether                                                              
                            exploration credits helped.  Mr. Platt                                                              
                            replied that the investment tax credit                                                              
                            worked in several situations.                                                                     
2:17:12 PM  Representative  Inquired about the increasingly steeper                                                           
            Hawker          production decline curve.  He wondered                                                              
                            what proactive steps could be taken to                                                              
                            change this decline.                                                                              
2:19:06 PM  Commissioner    Pointed out that the governor's office                                                            
            Corbus          and the Department of Revenue are                                                                   
                            working   on  that   problem   and   a                                                              
                            presentation will be made soon.                                                                   
2:20:02 PM  Representative  Noted  that  he was  troubled  by  the                                                            
            Hawker          solution of increasing tax rates on a                                                               
                            declining production.                                                                             
2:20:57 PM  Representative  Referred  to  the  current  oil  price                                                            
            Hawker          forecast and estimated that it is now                                                               
                            larger   than   $57.30   per   barrel.                                                              
                            Commissioner Corbus  replied  that  to                                                              
                            date the price  is averaging just over                                                              
                            $60 per barrel.  Representative Hawker                                                              
                            concluded that the state may be looking                                                             
                            at another  $150-$200 million surplus.                                                              
                            Commissioner  Corbus   countered  that                                                              
                            production is  down  a  bit  from  the                                                              
                           estimation.                                                                                        
2:22:56 PM Co-Chair         Asked for more information about the                                                              
            Chenault        biggest reason for production loss. He                                                              
                            wondered what affect the BP well shut-                                                              
                            in had on production.                                                                             
2:23:52 PM Mr. Platt        Termed the BP announcement of their                                                               
                            well shut-in  a special  situation. It                                                              
                            had  a   large  impact  on  production                                                              
                            decline.  He said he assumes that this                                                            
                            type of  situation is  not  a one-time                                                              
                            deal  and  it  is  factored  into  the                                                              
                            forecast.                                                                                         
2:25:29 PM Co-Chair         Requested more information regarding                                                              
            Chenault        page 34, the perception of a lack of                                                                
                            crude  oil   production  capacity  and                                                              
                            refining capacity.                                                                                
2:26:30 PM  Mr. Williams    Explained that the number of refineries                                                           
                            has  been   cut,   but   capacity  has                                                              
                            increased and upgrading units have been                                                             
                            added.                                                                                            
2:28:00 PM  Representative  Asked for  more information  about the                                                            
            Stoltze         business tax.                                                                                     
2:28:52 PM DAN     STICKEL, Directed Representative Stoltze                                                                   
            ECONOMIST,      to page 51, table 5-3.  Representative                                                              
            DEPARTMENT  OF  Stoltze rephrased the question to refer                                                             
            REVENUE         to business license fees.                                                                         
2:30:17 PM Dan Stickel      Pointed out that page 52 shows the                                                                
                            business license fees.   Representative                                                             
                            Stoltze  requested a  clearer  way  to                                                              
                            track this tax.                                                                                   
2:31:52 PM  Commissioner    Referred to page 85, appendix A-3, for                                                            
            Corbus          a further breakdown of licenses and                                                                 
                            permits.                                                                                          
2:32:54 PM  Representative  Asked  for   an  explanation   of  the                                                            
            Stoltze         different earnings rates shown in the                                                               
                            footnote on page 67.                                                                              
2:33:38 PM  TOM     BOUTIN, Clarified that the  subaccount was set                                                            
            DEPUTY          up as a separate part of the                                                                        
            COMMISSIONER,   Constitutional  Budget   Review   Fund                                                              
            DEPARTMENT  OF  (CBRF), invested for a time horizon of                                                              
            REVENUE         five years or longer, in a more                                                                     
                            volatile    asset   allocation,    but                                                              
                            projected to bring in a higher return.                                                              
                            The timing was  unfortunate, but it is                                                              
                            now in the black.  Commissioner Corbus                                                              
                            added that that information is part of                                                              
                            the PFD report.                                                                                   
2:36:17 PM  Representative  Noted that Robynn Wilson, who replaces                                                            
            Hawker          Dan   Dickinson,   is   a   qualified,                                                              
                            competent professional                                                                            
2:38:01 PM  Representative  Reported that  the spring  forecast of                                                            
            Hawker          the CBRF general fund appropriation of                                                              
                            $2.6 billion is now up to $3 billion in                                                             
                            the fall forecast.  He inquired if the                                                              
                            legislature  should  take  this  shift                                                              
                            increase of  general  fund obligations                                                              
                            into account.                                                                                     
2:39:18 PM  Commissioner    Replied no.  He referred to table 2-15,                                                           
            Corbus          on page 18, a matrix of CBRF options.                                                               
                            He suggested that  the table  could be                                                              
                            expanded  to  include higher  spending                                                            
                            levels.  Representative Hawker asked if                                                             
                            the   increase    in    general   fund                                                              
                            appropriations is a  fundamental shift                                                              
                            in philosophy.  He inquired if it would                                                             
                            have been  more appropriate to  show a                                                              
                            spike in  general  fund  appropriations                                                             
                            and  then  a  retrenchment back  to  a                                                              
                            sustainable level.                                                                                
2:41:03 PM Commissioner     Explained that the Department of                                                                  
            Corbus          Revenue does projections and not                                                                    
                            budgets.  He   suggested  not  reading                                                              
                            anything into the footnote to table 2-                                                              
                            13.  Representative Hawker asked if the                                                             
                            $3 billion number came from the Office                                                              
                            of Budget and Management.                                                                         
2:41:54 PM Mr. Williams     Responded that OMB did provide the                                                                
                            number.                                                                                           
                                                                                                                                
2:47:20 PM.                                                                                                                   
HOUSE BILL NO. 22                                                                                                             
                                                                                                                                
     "An Act relating to the terms of legislators, to a 90-                                                                     
     day regular session of the legislature, to the date of                                                                     
     convening a  regular  session, and  to procedures  of                                                                      
     legislative  committees  during   the  interim;   and                                                                      
     providing for an effective date."                                                                                          
                                                                                                                                
2:48:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RALPH SAMUELS, CO-SPONSOR, introduced HB 22.                                                                     
He explained that the most important reason to pass the bill                                                                    
from the House Finance Committee would be to get more people                                                                    
involved in  the political process.   He claimed that  the                                                                      
current amount of time - 120 days - was a difficult amount                                                                      
of time  for committee members  to meet  due to other  job                                                                      
obligations.   A shorter session would  make for a  better                                                                      
public process.   He believed that the  timing would allow                                                                      
internal changing of the rules and better participation of                                                                      
the  public.    The  change  would make  legislators  more                                                                      
responsive to constituents.                                                                                                     
                                                                                                                                
Representative Samuels referenced the fiscal note  and the                                                                      
savings to the state.  He mentioned the 'branches of power'                                                                     
opposition,  the  argument that  power  would  go  to  the                                                                      
executive branch  if there  were  a shorter  session.   He                                                                      
pointed out that  legislators could call a session at  any                                                                      
time.                                                                                                                           
                                                                                                                                
Representative  Samuels   referred  to   the  "Length   of                                                                      
Legislative Session in 27 Other States" (copy on file.)  He                                                                     
maintained that it is possible for the legislature to finish                                                                    
its work in 90 days.  He pointed out that the "rule changes"                                                                    
had been discussed in the House State Affairs Committee.                                                                        
                                                                                                                                
2:52:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NORMAN ROKEBERG, CO-SPONSOR, added that  he                                                                      
has  introduced  the  bill  five  different  times.    The                                                                      
separation of  powers issue  is one  of the  key arguments                                                                      
against  the legislation.    He  maintained that  a  minor                                                                      
revision of  the uniform rules, which would  allow interim                                                                      
committees to  move legislation between  committees, would                                                                      
overcome that concern.   The legislators would be  able to                                                                      
stay  in  their  communities longer.    Many  legislatures                                                                      
throughout the country have shorter sessions and allow for                                                                      
interim committee hearings.  He explained how that process                                                                      
might be possible in Alaska.                                                                                                    
                                                                                                                                
Representative Rokeberg stated that the legislature is the                                                                      
voice of the people.   Any money savings would be minimal,                                                                      
and any restriction of  legislative power would be minimal                                                                      
with a statutory change and a rules change.                                                                                     
                                                                                                                                
Co-Chair Meyer pointed out a savings of $650,000 indicated                                                                      
in the latest fiscal note.                                                                                                      
                                                                                                                                
Representative  Stoltze  asked  if  the  location  of  the                                                                      
legislature was a bigger factor for most people deciding to                                                                     
run.                                                                                                                            
                                                                                                                                
2:57:12 PM                                                                                                                    
                                                                                                                                
Representative Samuels thought if the legislature were held                                                                     
in his area, more folks would run.  Location plays a large                                                                      
part, but he recommended getting more done  in the interim                                                                      
and during a shorter session.                                                                                                   
                                                                                                                                
Representative Rokeberg noted that he has a bill that would                                                                     
address the concerns of Representative Stoltze.                                                                                 
                                                                                                                                
Representative Stoltze asked  if  a shorter  session would                                                                      
require an adjustment of the uniform rules.                                                                                     
                                                                                                                                
Representative Rokeberg  noted that  the  matter has  been                                                                      
considered.  There  would be a  companion House concurrent                                                                      
resolution added to the bill, which would adopt changes in                                                                      
the uniform rules.  If the bill moves forward in the current                                                                    
state, he would recommend adopting a companion bill.  That                                                                      
would be a judgment call.  He did not think it was necessary                                                                    
for the public to testify.                                                                                                      
                                                                                                                                
Representative Stoltze said he did not support changing the                                                                     
public notice  requirements.  He  asked if  hearings might                                                                      
affect the capital move issue.                                                                                                  
                                                                                                                                
3:02:00 PM                                                                                                                    
                                                                                                                                
Representative  Rokeberg   recommended  that  the   Juneau                                                                      
legislation support the bill because it would help to keep                                                                      
the capital in Juneau.                                                                                                          
                                                                                                                                
Representative Samuels pointed out that the 30-days' notice                                                                     
of a meeting held during the  interim was discussed in the                                                                      
original bill, as  was the ability  to vote telephonically                                                                      
during the interim.                                                                                                             
                                                                                                                                
Representative Stoltze  commented that  if  a bill  passes                                                                      
through the initiative process, the legislature would have                                                                      
the  ability to act  to  make the  necessary changes.   He                                                                      
thought there was merit to taking this issue to the ballot                                                                      
box.  He wondered if a statutory change was constitutional.                                                                     
                                                                                                                                
Representative Rokeberg responded that the initiative system                                                                    
does not take all those considerations into account.                                                                            
                                                                                                                                
Representative Stoltze mentioned that there are separation-                                                                     
of-power issues, but he stated support for the bill.                                                                            
                                                                                                                                
Representative Holm pointed  out that  the system used  in                                                                      
Alaska  to   determine   appropriations  to  the   various                                                                      
departments uses the Budget Review Unit (BRU) process.  He                                                                      
questioned if a line item process might be  better used to                                                                      
determine appropriations in a 90-day session.                                                                                   
                                                                                                                                
Representative Rokeberg  stated that  he  did not  have  a                                                                      
position on that.  He  suggested it might be better suited                                                                      
for a biannual budget process.   He noted concern however,                                                                      
with oil price volatility.                                                                                                      
                                                                                                                                
Representative Samuels agreed with Representative Rokeberg.                                                                     
                                                                                                                                
3:08:06 PM                                                                                                                    
                                                                                                                                
Representative Holm asked if state employees would have more                                                                    
power   in  controlling  information   presented  to   the                                                                      
legislature in the shortened 90-day cycle.                                                                                      
                                                                                                                                
Representative Rokeberg thought they could and he expressed                                                                     
opposition to the idea.   He pointed out  that the interim                                                                      
meeting is an extension of the power of the committee chairs                                                                    
to conduct their business.  He reiterated the concern about                                                                     
location.                                                                                                                       
                                                                                                                                
3:09:43 PM                                                                                                                    
                                                                                                                                
Representative Foster pointed out that in eighteen years he                                                                     
has experienced seventeen special sessions, and 120 days is                                                                     
not enough time to complete business.  He commented on not                                                                      
having enough time to get the  votes in a shorter session.                                                                      
He spoke against extending the session.  He emphasized the                                                                      
importance of representing the people and not running one's                                                                     
own business.                                                                                                                   
                                                                                                                                
Representative Samuels agreed, but referred to the internal                                                                     
politics  of waiting  until the  last  minute and  special                                                                      
sessions, which won't change.                                                                                                   
                                                                                                                                
3:13:12 PM                                                                                                                    
                                                                                                                                
Representative  Joule noted  that  for  120  days  the  60                                                                      
legislators are  available to  the public,  and a  shorter                                                                      
session would limit this accessibility.                                                                                         
                                                                                                                                
Representative Samuels related that there are only about six                                                                    
or seven  constituents that choose to  have access to  him                                                                      
during session.   He did agree that  those who do  come to                                                                      
Juneau do have access to all of the members at one time.                                                                        
                                                                                                                                
Representative Joule pointed out that his constituents get                                                                      
to see  all of the legislators during the  session, and he                                                                      
gets to see other legislators' constituents.                                                                                    
                                                                                                                                
Co-Chair Chenault  predicted that a  lot  less legislation                                                                      
would be passed during a shorter session.  He opined that it                                                                    
might be difficult to pass a budget within a 90-day session.                                                                    
                                                                                                                                
Representative Rokeberg debated the idea  that fewer bills                                                                      
would be passed during a shorter session.                                                                                       
                                                                                                                                
Representative Samuels noted an exception during an election                                                                    
year.                                                                                                                           
                                                                                                                                
3:21:27 PM                                                                                                                    
                                                                                                                                
Representative Kerttula spoke to the personal sacrifice made                                                                    
by legislators and the need to focus on making life easier                                                                      
for them.  She spoke against a shorter session.  She offered                                                                    
that, "No good  business gets done after 10:00 p.m."   She                                                                      
encouraged continued efforts to  make life easier for  the                                                                      
members.                                                                                                                        
                                                                                                                                
3:24:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JAY RAMRAS, CO-SPONSOR, explained the graph                                                                      
entitled "Qualification Status" (copy on file.) He reported                                                                     
that this issue has been introduced 24 times.  He shared the                                                                    
valuable experience of traveling across  Alaska to collect                                                                      
45,300 signatures for the ballot initiative.  He offered to                                                                     
answer questions.                                                                                                               
                                                                                                                                
Co-Chair Meyer attended to housekeeping issues.                                                                                 
                                                                                                                                
Co-Chair Meyer spoke to the conflict of interest ruling from                                                                    
last year.  The committee's policy is that members are not                                                                      
required to bring up conflict of interest until on the House                                                                    
Floor.                                                                                                                          
                                                                                                                                
HB 22 was heard and HELD in Committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:35 PM.                                                                                           
                                                                                                                                

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