Legislature(2005 - 2006)HOUSE FINANCE 519

04/29/2006 01:00 PM House FINANCE


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01:21:09 PM Start
01:21:41 PM SB305
05:10:58 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 305 OIL AND GAS PRODUCTION TAX TELECONFERENCED
Heard & Held
Public Testimony:
1:00-1:45 pm - Anchorage
1:45-2:15 pm - Fairbanks
2:15-3:00 pm - All Others
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 29, 2006                                                                                           
                         1:21 p.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Chenault called the House  Finance Committee meeting                                                                   
to order at 1:21:09 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 Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Beth Kerttula                                                                                                    
Representative Carl Moses                                                                                                       
Representative Bruce Weyhrauch (via teleconference)                                                                             
Representative Jim Holm (vial teleconference)                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Judy   Brady,  Executive   Director,  Alaska   Oil  and   Gas                                                                   
Association  (AOGA);  Caleb Steward,  Juneau;  Representative                                                                   
Woodie     Salmon;    Representative     Ethan     Berkowitz;                                                                   
Representative Kurt Olson; Representative  Paul Seaton; Wayne                                                                   
Stevens,  President,   Alaska  State  Chamber   of  Commerce,                                                                   
Juneau;   Dixie   Hood,   Juneau;    Sean   Purvis,   Juneau;                                                                   
Representative  Kurt   Olson;  Representative   Paul  Seaton;                                                                   
Representative  Vic  Kohring;  Representative  John  Coghill;                                                                   
Senator Gene Therriault; Representative  Ethan Berkowitz; Dr.                                                                   
Tony  Finizza,   Special  Consultant,  Econ   One,  Research,                                                                   
Contractor, Legislative Budget and Audit Committee.                                                                             
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Mike  Koy,  Anchorage;  Jerry   McCutcheon,  Anchorage;  Paul                                                                   
Liard,  Alaska   Support  Alliance,  Anchorage;   Dave  Rees,                                                                   
Anchorage;  Maynard  Tapp,  Anchorage;  Dr. Paul  B.  Simons,                                                                   
Anchorage;  David Landry,  Anchorage;  Matt Fagnani,  Nenanna                                                                   
Oil Development,  Anchorage; David  Gottstein, Backbone  Two,                                                                   
Anchorage;  Tadd  Owens, RDC,  Anchorage;  Reed  Christensen,                                                                   
Anchorage;  Eric Dompeling, Anchorage;  Lynn Johnson,  Alaska                                                                   
Support  Alliance,  Anchorage;  Dave Laymon,  Anchorage,  Kay                                                                   
Lahdenpera,  Anchorage; Vic Fisher,  Anchorage; Ron  Doshler,                                                                   
Anchorage; Mark  Hylen, Kakivik Asset Management,  Anchorage;                                                                   
Jim  Plaquet,  Fairbanks;  Mike  Walleri,  Fairbanks;  George                                                                   
Berry, Fairbanks;  William McAmis, Fairbanks;  Rhonda Boyles,                                                                   
Vice Chair,  Alaska Republican Party, Fairbanks;  Mark Sharp,                                                                   
Fairbanks;   Chris   Johansen,    Fairbanks;   Ron   Kovalik,                                                                   
Fairbanks;  Luke  Hopkins,  Fairbanks   Assembly,  Fairbanks;                                                                   
David   James,  Fairbanks;   Derrick  Dieringer,   Fairbanks;                                                                   
Lindsey   Clark,  Kenai;   Blake   Johnson,  Kenai;   William                                                                   
Phillips,  Soldotna;   Mike  Milligan,  Kodiak;   Jim  Sykes,                                                                   
Palmer;  George   Trabits,  Trabits  Group,   Wasilla;  Donna                                                                   
Shantz,  Regional  Citizens  Advisory  Council,  Valdez;  Jim                                                                   
Pfeiffer,   Seward;  Merrick   Pierce,   Bright  Future   for                                                                   
Fairbanks,  Fairbanks;  Tom  Lakosh,  Anchorage;  Ed  Martin,                                                                   
Hawaii; Richard  Hahn, Soldotna;  George Meeker,  Homer; Lois                                                                   
Wier,  Wasilla;   Bill  Warren,   Kenai;  Timothy   Mayberry,                                                                   
Fairbanks;                                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
                 Public Testimony on SB 305                                                                                   
                                                                                                                                
CSSB 305(FIN) am                                                                                                                
          "An Act  repealing the  oil production tax  and the                                                                   
          gas production  tax and providing for  a production                                                                   
          tax on oil and gas;  relating to the calculation of                                                                   
          the gross  value at the point of production  of oil                                                                   
          and gas  and to the  determination of the  value of                                                                   
          oil and  gas for purposes of the production  tax on                                                                   
          oil and gas; providing  for tax credits against the                                                                   
          production  tax on  oil  and gas;  relating to  the                                                                   
          relationship  of the production tax on  oil and gas                                                                   
          to  other taxes,  to the dates  those tax  payments                                                                   
          and   surcharges   are    due,   to   interest   on                                                                   
          overpayments  of the tax,  and to the  treatment of                                                                   
          the  tax  in  a  producer's   settlement  with  the                                                                   
          royalty owners; relating  to flared gas, and to oil                                                                   
          and  gas  used  in  the operation  of  a  lease  or                                                                   
          property under the production  tax; relating to the                                                                   
          prevailing   value  of  oil   and  gas   under  the                                                                   
          production  tax;  relating  to surcharges  on  oil;                                                                   
          relating   to  statements   or  other   information                                                                   
          required  to  be filed  with  or furnished  to  the                                                                   
          Department  of Revenue, to the penalty  for failure                                                                   
          to file certain reports  for the tax, to the powers                                                                   
          of   the  Department   of  Revenue,   and  to   the                                                                   
          disclosure  of certain  information required  to be                                                                   
          furnished   to  the   Department   of  Revenue   as                                                                   
          applicable  to  the   administration  of  the  tax;                                                                   
          relating   to  criminal  penalties   for  violating                                                                   
          conditions   governing   access  to   and  use   of                                                                   
          confidential  information relating to the  tax, and                                                                   
          to  the  deposit  of  tax money  collected  by  the                                                                   
          Department of Revenue;  amending the definitions of                                                                   
          'gas,' 'oil,' and certain  other terms for purposes                                                                   
          of  the production  tax, and  as the definition  of                                                                   
          the term  'gas' applies in the Alaska  Stranded Gas                                                                   
          Development Act, and adding further definitions;                                                                      
          making conforming amendments; and providing for an                                                                    
          effective date."                                                                                                      
                                                                                                                                
          CSSB 305 (FIN) am was heard and HELD in Committee                                                                     
          for further consideration.                                                                                            
                                                                                                                                
1:21:41 PM                                                                                                                    
                                                                                                                                
CS FOR SENATE BILL NO. 305(FIN) am                                                                                            
                                                                                                                                
"An  Act  repealing  the  oil  production  tax  and  the  gas                                                                   
production tax and providing for  a production tax on oil and                                                                   
gas; relating  to the calculation  of the gross value  at the                                                                   
point of production  of oil and gas and to  the determination                                                                   
of the value  of oil and  gas for purposes of  the production                                                                   
tax on  oil and gas;  providing for  tax credits  against the                                                                   
production tax on  oil and gas; relating to  the relationship                                                                   
of the production  tax on oil and gas to other  taxes, to the                                                                   
dates those tax payments and surcharges  are due, to interest                                                                   
on overpayments of  the tax, and to the treatment  of the tax                                                                   
in a producer's settlement with  the royalty owners; relating                                                                   
to flared gas, and to oil and  gas used in the operation of a                                                                   
lease or property  under the production tax;  relating to the                                                                   
prevailing  value of oil  and gas  under the production  tax;                                                                   
relating  to surcharges  on oil;  relating  to statements  or                                                                   
other information  required to be filed with  or furnished to                                                                   
the  Department of  Revenue, to  the penalty  for failure  to                                                                   
file  certain reports  for  the  tax, to  the  powers of  the                                                                   
Department  of  Revenue, and  to  the disclosure  of  certain                                                                   
information  required to  be furnished  to the Department  of                                                                   
Revenue  as applicable  to  the  administration  of the  tax;                                                                   
relating  to  criminal  penalties  for  violating  conditions                                                                   
governing  access  to  and use  of  confidential  information                                                                   
relating  to  the  tax,  and to  the  deposit  of  tax  money                                                                   
collected  by   the  Department  of  Revenue;   amending  the                                                                   
definitions  of 'gas,'  'oil,'  and certain  other terms  for                                                                   
purposes of the production tax,  and as the definition of the                                                                   
term 'gas'  applies in  the Alaska  Stranded Gas  Development                                                                   
Act,  and  adding  further  definitions;   making  conforming                                                                   
amendments; and providing for an effective date."                                                                               
                                                                                                                                
JUDY   BRADY,  EXECUTIVE   DIRECTOR,  ALASKA   OIL  AND   GAS                                                                   
ASSOCIATION (AOGA),  related that AOGA is a  non-profit trade                                                                   
association whose 17 member companies  represent the majority                                                                   
of  oil  and  gas  exploration,  production,  transportation,                                                                   
refining  and  marketing  activities  in Alaska.    AOGA  has                                                                   
proposed 6  new technical  amendments to  CSSB 305  (FIN) am.                                                                   
She noted  that she has  provided written testimony  (copy on                                                                   
file.)   The purpose of the  amendments is to  clarify issues                                                                   
that could become audit matters  in the future.  She provided                                                                   
the history  of the ELF tax  and related disputes.   In order                                                                   
to prevent disputes over the PPT,  the amendments are offered                                                                   
to  clarify many  issues.   She  proposed  that the  earliest                                                                   
effective date be July 1.                                                                                                       
                                                                                                                                
1:26:15 PM                                                                                                                    
                                                                                                                                
Ms. Brady  spoke to  the issue  of production  and the  tests                                                                   
that will  be coming up regarding  the bill.  The  first test                                                                   
will  be in  the  boardrooms of  the  oil companies  and  the                                                                   
second test will  be from pension investors  coming to Alaska                                                                   
this summer.  She expressed hope  that the bill would do what                                                                   
it is  intended to  do, raise  more money  for the  state and                                                                   
provide for new investment.                                                                                                     
                                                                                                                                
1:28:01 PM                                                                                                                    
                                                                                                                                
Representative Stoltze asked about  the retroactive provision                                                                   
in  ELF in  1989.    He wondered  about  the outcome  of  the                                                                   
litigation.  Ms.  Brady said she could get  that information.                                                                   
She  recalled  that  in  1989,  the  ELF  was  not  a  hugely                                                                   
different  tax regime  from what  already existed.   The  big                                                                   
issue  was  that  the state  was  broke  because  prices  had                                                                   
crashed.                                                                                                                        
                                                                                                                                
1:29:59 PM                                                                                                                    
                                                                                                                                
CALEB  STEWART, JUNEAU,  maintained  that the  oil in  Alaska                                                                   
belongs  to the  people.   He  spoke of  the  North Slope  of                                                                   
Alaska  Facility Sharing  Study from  2004.   He referred  to                                                                   
page 55, which  says that the largest obstacle  to successful                                                                   
negotiations is lack  of trust.  He asked the  members not to                                                                   
trust  the  big  companies  and   to  protect  the  citizens'                                                                   
resources.                                                                                                                      
                                                                                                                                
1:34:09 PM                                                                                                                    
                                                                                                                                
MIKE KOY, ANCHORAGE,  testified against SB 305.   He spoke as                                                                   
someone  who   has  had  experience   working  for   the  oil                                                                   
companies.   He listed  many reasons why  he agrees  with the                                                                   
governor's PPT tax proposal.                                                                                                    
                                                                                                                                
1:37:11 PM                                                                                                                    
                                                                                                                                
JERRY  MCCUTCHEON,  ANCHORAGE,   related  that  there  is  no                                                                   
urgency in passing  the gas pipeline contract  because it has                                                                   
no  connection  to the  PPT.    He termed  the  gas  contract                                                                   
meaningless.  He said it makes  no sense to construct another                                                                   
gas  pipeline from  Prudhoe  Bay.   He  suggested that  there                                                                   
would be litigation if PPT passes.                                                                                              
                                                                                                                                
1:39:45 PM                                                                                                                    
                                                                                                                                
PAUL  LIARD, ALASKA  SUPPORT ALLIANCE,  ANCHORAGE,  testified                                                                   
that higher  taxes equals less  investment.  The tax  rate in                                                                   
SB 305 is too  high.  He testified against the  passage of SB
305 and in favor of the governor's proposed tax rate.                                                                           
                                                                                                                                
1:42:08 PM                                                                                                                    
                                                                                                                                
DAVE REES, ANCHORAGE, said he  has worked in the oil industry                                                                   
for the past 30 years.  He mentioned  that there are numerous                                                                   
jobs  to  be filled  in  the  oil  industry  and a  need  for                                                                   
training programs.                                                                                                              
                                                                                                                                
MAYNARD TAPP,  ANCHORAGE, recommended a production  tax of 15                                                                   
percent to  create a  healthy investment  climate.   He spoke                                                                   
against SB 305.                                                                                                                 
                                                                                                                                
1:47:46 PM                                                                                                                    
                                                                                                                                
DR. PAUL B. SIMONS, ANCHORAGE,  emphasized that the committee                                                                   
should not  rush into this matter,  but do what is  right for                                                                   
Alaska.  He  said he does not  trust the governor.   He spoke                                                                   
about the  role of heavy oil  in countries around  the world.                                                                   
He  suggested  ways  to  use  carbon  dioxide  in  heavy  oil                                                                   
recovery.  He spoke in favor of 25/20.                                                                                          
                                                                                                                                
1:53:24 PM                                                                                                                    
                                                                                                                                
DAVID LANDRY,  ANCHORAGE, spoke against  SB 305 and  in favor                                                                   
of the 25 percent tax rate with  the progressivity component.                                                                   
He  agreed  with  the  analysis  of Dr.  Van  Meurs  and  Mr.                                                                   
Johnston.                                                                                                                       
                                                                                                                                
1:55:39 PM                                                                                                                    
                                                                                                                                
MATT  FAGNANI,  NENANNA OIL  DEVELOPMENT,  ANCHORAGE,  stated                                                                   
that the oil tax must pass now.   He requested that the focus                                                                   
should be  on increasing production  on the North Slope.   He                                                                   
spoke  against  a  high  PPT   tax  and  in  support  of  the                                                                   
governor's tax proposal.                                                                                                        
                                                                                                                                
2:00:13 PM                                                                                                                    
                                                                                                                                
DAVID   GOTTSTEIN,  BACKBONE   TWO,   ANCHORAGE,  urged   the                                                                   
committee not  to pass the oil  tax until they have  seen the                                                                   
gas  pipeline contract.    He spoke  against  aspects of  the                                                                   
governor's bill.  He suggested  that stranded gas needs to be                                                                   
further examined.                                                                                                               
                                                                                                                                
2:03:00 PM                                                                                                                    
                                                                                                                                
TADD OWENS, RDC,  ANCHORAGE, spoke against the  high tax rate                                                                   
and  progressivity in  SB 305.    He urged  the committee  to                                                                   
create  a system  that  creates  increased stability  in  the                                                                   
state by passing a lower tax rate.                                                                                              
                                                                                                                                
2:05:18 PM                                                                                                                    
                                                                                                                                
REED CHRISTENSEN, ANCHORAGE, urged  the committee to keep the                                                                   
oil tax  simple.  He  spoke in favor  of the governor's  bill                                                                   
and against a higher PPT.                                                                                                       
                                                                                                                                
2:08:47 PM                                                                                                                    
                                                                                                                                
ERIC DOMPELING,  ANCHORAGE, spoke of  high gas prices  at the                                                                   
pumps, but maintained that market  fluctuations are cyclical.                                                                   
He suggested that the legislature  focus on a fiscal plan and                                                                   
not on higher oil taxes.                                                                                                        
                                                                                                                                
2:12:02 PM                                                                                                                    
                                                                                                                                
LYNN JOHNSON,  ALASKA SUPPORT ALLIANCE, ANCHORAGE,  testified                                                                   
in favor  of the governor's  original PPT proposal  to ensure                                                                   
that  investment  continues.  He encouraged  the  members  to                                                                   
think long and  hard before making changes to  the Governor's                                                                   
proposal.                                                                                                                       
                                                                                                                                
2:14:52 PM                                                                                                                    
                                                                                                                                
DAVE LAYMON, ANCHORAGE,  spoke of his experience  working for                                                                   
the oil  industry the  past 30 years.   He expressed  concern                                                                   
that   an   increase   in   taxes   would   reduce   Alaska's                                                                   
competitiveness.    He  encouraged   construction  of  a  gas                                                                   
pipeline.                                                                                                                       
                                                                                                                                
2:17:01 PM                                                                                                                    
                                                                                                                                
KAY LAHDENPERA,  ANCHORAGE,  spoke in  opposition to  SB 305.                                                                   
She emphasized  that the profits of Alaskan  resources should                                                                   
benefit  all Alaskans.   She urged  members  to not pass  PPT                                                                   
until they  see the gas  pipeline contracts.   She maintained                                                                   
that  it would  be against  the constitution  to bind  future                                                                   
legislatures.    She spoke  against  a  net profit  tax.  She                                                                   
thought that  ELF should be repealed.   The tax rate  for gas                                                                   
and  oil should  be  the same.    The Department  of  Revenue                                                                   
should  be  given  the  ability to  audit.    She  encouraged                                                                   
legislators to listen to consultants  and not be rushed.  She                                                                   
did not think that producers would pull out of Alaska.                                                                          
                                                                                                                                
2:20:51 PM                                                                                                                    
                                                                                                                                
VIC FISHER, ANCHORAGE, referred  to the Governor's statements                                                                   
that a gas  contract would be  provided on May 10,  2006.  He                                                                   
felt that it would be unreasonable  to expect the legislature                                                                   
to make a decision  before seeing the contract.   He observed                                                                   
that industry  is requesting a  30-year certainty  for fiscal                                                                   
stability.  He looked to the Legislature  to deal fairly with                                                                   
levels of  taxation.  He  added that adding surplus  revenues                                                                   
into the permanent fund are not wasted.                                                                                         
                                                                                                                                
2:28:05 PM                                                                                                                    
                                                                                                                                
RON DOSHLER,  ANCHORAGE, observed  that a  gas pipeline  is a                                                                   
huge investment and  a huge risk.  He asked  the Committee to                                                                   
reconsider the investment aspect of the proposal.                                                                               
                                                                                                                                
2:30:16 PM                                                                                                                    
                                                                                                                                
MARK HYLEN,  KAKIVIK ASSET MANAGEMENT, ANCHORAGE,  noted that                                                                   
the oil industry benefits Alaska.   He expressed concern with                                                                   
the  impact of  new taxes.   He  maintained that  PPT is,  by                                                                   
nature, a progressive tax.  He  preferred to focus on a state                                                                   
fiscal plan.                                                                                                                    
                                                                                                                                
2:34:51 PM                                                                                                                    
                                                                                                                                
JIM  PLAQUET, FAIRBANKS,  speaking  as a  member  of the  oil                                                                   
industry,  related  the  ways  that  the  industry  has  been                                                                   
beneficial  to  his area.    He  testified  in favor  of  the                                                                   
governor's bill.                                                                                                                
                                                                                                                                
2:37:31 PM                                                                                                                    
                                                                                                                                
MIKE  WALLERI,   FAIRBANKS,  spoke   in  opposition   to  the                                                                   
governor's  proposal.  He  suggested waiting  to see  the gas                                                                   
contract  before the  oil  tax is  completed.   He  suggested                                                                   
slowing down the  process.  He said Alaska  should be looking                                                                   
at  tax rates  from a  competitive viewpoint.   He  suggested                                                                   
tying tax credits with investment and employment.                                                                               
                                                                                                                                
2:39:52 PM                                                                                                                    
                                                                                                                                
GEORGE BERRY,  FAIRBANKS, suggested that the  tax rate should                                                                   
be high and comparable to world  market prices.  He suggested                                                                   
sticking with  the 25 percent tax  rate.  He opined  that the                                                                   
oil tax issue is the most important decision of our age.                                                                        
                                                                                                                                
2:43:46 PM                                                                                                                    
                                                                                                                                
WILLIAM  MCAMIS, FAIRBANKS,  emphasized  that oil  is a  non-                                                                   
renewable  resource.  He  suggested taking  time on  the bill                                                                   
and to not lock the tax bill in for 30 years.                                                                                   
                                                                                                                                
2:47:11 PM                                                                                                                    
                                                                                                                                
RHONDA   BOYLES,  VICE   CHAIR,   ALASKA  REPUBLICAN   PARTY,                                                                   
FAIRBANKS,  spoke  in favor  of  the  governor's bill.    She                                                                   
mentioned  a resolution  sent  by  the Fairbanks  Chamber  of                                                                   
Commerce (copy on file.)                                                                                                        
                                                                                                                                
2:49:41 PM                                                                                                                    
                                                                                                                                
MARK  SHARP,  FAIRBANKS,  thanked  the  committee  for  their                                                                   
questions  to  the   oil  companies.    He   noted  that  the                                                                   
constitution  has charged the  legislature with  managing the                                                                   
state's resources.   He spoke in agreement with  Mr. Johnston                                                                   
and  Senator  Therriault's  testimony.     He  spoke  against                                                                   
resource giveaways.                                                                                                             
                                                                                                                                
2:54:12 PM                                                                                                                    
                                                                                                                                
CHRIS JOHANSEN, FAIRBANKS,  testified as a member  of the oil                                                                   
industry.  He spoke  in support of a 20 percent  tax rate and                                                                   
against  progressivity.    He disagreed  with  a  retroactive                                                                   
effective date.                                                                                                                 
                                                                                                                                
2:56:24 PM                                                                                                                    
                                                                                                                                
RON  KOVALIK, FAIRBANKS,  agreed with  Vic Fisher's  comment.                                                                   
He  urged the  legislature not  to rush  into this  tax.   He                                                                   
testified against  the oil industry.  He urged  the committee                                                                   
to get the  best price for the  commodity of oil.   He opined                                                                   
it is not a tax issue.                                                                                                          
                                                                                                                                
3:01:09 PM                                                                                                                    
                                                                                                                                
LUKE HOPKINS,  FAIRBANKS ASSEMBLY,  FAIRBANKS, spoke  against                                                                   
SB 305.  He urged the committee  to get more information.  He                                                                   
urged the  committed to obtain  figures by the  Department of                                                                   
Revenue, which were used when making the tax models.                                                                            
                                                                                                                                
3:03:59 PM                                                                                                                    
                                                                                                                                
DAVID  JAMES,   FAIRBANKS,  said   he  understands   the  oil                                                                   
companies' perspective.   He maintained  that the  state owns                                                                   
the crude oil.  He asked the legislature  to negotiate in the                                                                   
state's best interest.   He spoke against the  Senate version                                                                   
of the oil tax and in favor of the 25 percent tax.                                                                              
                                                                                                                                
3:07:00 PM                                                                                                                    
                                                                                                                                
DERRICK DIERINGER,  FAIRBANKS, spoke of his  family's history                                                                   
with oil  companies.   He suggested getting  a fair  share of                                                                   
revenue from  the oil and gas  industry.  The  most important                                                                   
issue is to  get a gas line  contract.  He spoke as  a future                                                                   
Alaskan voter.                                                                                                                  
                                                                                                                                
3:10:05 PM                                                                                                                    
                                                                                                                                
LINDSEY CLARK,  KENAI, spoke as  a person who has  worked for                                                                   
the oil industry for 31 years.   He stated support for a fair                                                                   
and balanced  PPT  as depicted  in the governor's  bill.   He                                                                   
urged special consideration for Cook Inlet.                                                                                     
                                                                                                                                
3:11:50 PM                                                                                                                    
                                                                                                                                
BLAKE JOHNSON,  KENAI,  urged caution  when dealing with  oil                                                                   
companies.  He suggested that  the oil companies are not good                                                                   
neighbors.  He spoke in favor of the 25/20 proposal.                                                                            
                                                                                                                                
WILLIAM  PHILLIPS, SOLDOTNA,  said  he has  sympathy for  the                                                                   
non-profits  that  have  to  deal with  oil  companies.    He                                                                   
suggested that the oil companies testify under oath.                                                                            
                                                                                                                                
3:17:30 PM                                                                                                                    
                                                                                                                                
MIKE  MILLIGAN,   KODIAK,  spoke  about  concern   for  local                                                                   
taxpayers.   He  spoke  highly  of ARCO,  when  they were  in                                                                   
Alaska.  He  referred to the Constitution's  charge to manage                                                                   
resources.    He  suggested  bringing   in  medium-sized  oil                                                                   
companies.  He wondered where  big oil will go if they leave.                                                                 
                                                                                                                                
3:20:51 PM                                                                                                                    
                                                                                                                                
JIM SYKES, PALMER,  agreed with Mr. Johansen's  comments.  He                                                                   
urged the committee  to take their time with this  issue.  He                                                                   
suggested exploring other ideas  such as royalties.  He urged                                                                   
the state to get its fair share.   He disagreed with the idea                                                                   
that  lower  taxes  means  more  investment.    He  suggested                                                                   
amending SB 305 to 30 percent tax and changing incentives.                                                                      
                                                                                                                                
3:27:30 PM                                                                                                                    
                                                                                                                                
GEORGE TRABITS, TRABITS GROUP,  WASILLA, said his business is                                                                   
directly  dependent  on  the   oil  and  gas  industry.    He                                                                   
testified against  SB 305 because  increased taxes  will make                                                                   
development less desirable and hurt small businesses.                                                                           
                                                                                                                                
3:29:18 PM                                                                                                                    
                                                                                                                                
DONNA  SHANTZ, REGIONAL  CITIZENS  ADVISORY COUNCIL,  VALDEZ,                                                                   
said she  represents those  affected by the  oil spill.   She                                                                   
stated that  her interest is in  preventing oil spills.   She                                                                   
stated that RCAC supports SB 305  with respect to Sections 27                                                                   
and  29 regarding  the surcharge  to  fund spill  preventions                                                                   
using the 470 Fund.  She urged  the committee to continue the                                                                   
funding of the 470 Fund.                                                                                                        
                                                                                                                                
3:31:15 PM                                                                                                                    
                                                                                                                                
JIM  PFEIFFER,  SEWARD,  spoke  of  his  career  in  the  oil                                                                   
industry.    He  said  he  is  concerned  about  the  current                                                                   
proposed tax structure.  He spoke  in favor of the governor's                                                                   
original proposal.                                                                                                              
                                                                                                                                
3:33:21 PM                                                                                                                    
                                                                                                                                
MERRICK  PIERCE,  BRIGHT  FUTURE  FOR  FAIRBANKS,  FAIRBANKS,                                                                   
spoke  against  the  governor's  bill.    He  spoke  of  many                                                                   
concerns  with  the original  PPT.    He concurred  with  the                                                                   
testimony  of Daniel  Johnston.   He urged  the committee  to                                                                   
include strong progressivity in the bill.                                                                                       
                                                                                                                                
3:39:09 PM                                                                                                                    
                                                                                                                                
TOM LAKOSH,  ANCHORAGE, concurred  with many of  the previous                                                                   
testifiers.  He  compared oil in the ground  to the permanent                                                                   
fund.  He  maintained that progressivity is  a necessary part                                                                   
of the legislation.                                                                                                             
                                                                                                                                
3:43:10 PM                                                                                                                    
                                                                                                                                
ED MARTIN, HAWAII, suggested that  Alaska turn from taxing to                                                                   
sharing profits  with oil producers.   He encouraged  members                                                                   
to  table the  current  legislation.   He  stressed that  the                                                                   
Permanent  Fund   was  not  borne  in  one   session  of  the                                                                   
legislature.                                                                                                                    
                                                                                                                                
3:48:41 PM                                                                                                                    
                                                                                                                                
RICHARD  HAHN, SOLDOTNA,  stressed that  it is impossible  to                                                                   
figure the  net affect  to Alaska from  the legislation.   He                                                                   
maintained that there is no risk  of taxing the oil companies                                                                   
out  of business.    He spoke  strongly  against the  30-year                                                                   
provision in the  bill.  He urged the legislature  not to act                                                                   
until they  have seen the gas  pipeline contract.   He warned                                                                   
against the oil  companies' acceptance of the  governor's PPT                                                                   
tax amount.                                                                                                                     
                                                                                                                                
3:52:49 PM                                                                                                                    
                                                                                                                                
GEORGE MEEKER,  HOMER, thought  that the state  should adjust                                                                   
the income on  oil actually produced at the  wellhead, on the                                                                   
gross income,  not the  net.  There  should be no  connection                                                                   
between the gas  pipeline and the Alaska taxing  process.  He                                                                   
added that  if the pipeline is  to be profitable, it  will be                                                                   
built.  The  Legislature cannot make an  intelligent decision                                                                   
without the  information from  the Governor.   He urged  that                                                                   
Exxon first pay their part of the oil settlement.                                                                               
                                                                                                                                
3:55:31 PM                                                                                                                    
                                                                                                                                
LOIS WIER, WASILLA,  echoed previous comments.   She stressed                                                                   
that  the  legislators  have  the right  to  make  the  final                                                                   
decision.  The  oil companies should not get  their way. They                                                                   
will not leave Alaska.  She added  that 30 years would be too                                                                   
long for  a contract.   Net profit is  something that  can be                                                                   
manipulated.                                                                                                                    
                                                                                                                                
3:59:00 PM                                                                                                                    
                                                                                                                                
BILL  WARREN,   KENAI,  said  he  appreciated   the  previous                                                                   
testimony.   He  urged that  the gas  contract be  considered                                                                   
before  PPT.   He opposed  running  the natural  gas line  to                                                                   
Canada.  He stressed that Alaskan  needs should be considered                                                                   
and  should be  competitive with  worldwide prices.   In  the                                                                   
world, oil  and gas resources  are "gold" and "we  can't lose                                                                   
unless we give it away".                                                                                                        
                                                                                                                                
4:02:06 PM                                                                                                                    
                                                                                                                                
TIMOTHY  MAYBERRY,  FAIRBANKS,   commented  that  the  recent                                                                   
commercials  by the  oil companies  imply  that Alaskans  are                                                                   
ignorant.  He  noted that resources should not  be taken away                                                                   
from  Alaskans.    He commented  that  investment  should  be                                                                   
encouraged,  however,  not  given  away.    It  is  time  for                                                                   
Alaskans to benefit  from the proposals.  He  did not support                                                                   
comments made by Governor Murkowski.                                                                                            
                                                                                                                                
4:04:45 PM                                                                                                                    
                                                                                                                                
WAYNE STEVENS,  PRESIDENT, ALASKA STATE CHAMBER  OF COMMERCE,                                                                   
JUNEAU, stated  support for  a change from  ELF to  PPT, with                                                                   
tax  incentives   and  reinvestment   at  level   which  best                                                                   
maximizes investment  by the oil  and gas industry.   Through                                                                   
the PPT legislation,  the Legislature has the  opportunity to                                                                   
help define the  pace of North Slope oil production.   If the                                                                   
Legislature chooses  a tax rate higher than  that proposed by                                                                   
the Governor,  the State Chamber  has serious  concerns about                                                                   
impacts  on exploration  and investment.    He thought  there                                                                   
could be  long-term damage  for the  citizens of Alaska  with                                                                   
higher  taxes.   He also  supported a  long-term fiscal  plan                                                                   
that would  make Alaska a  more stable economy  attractive to                                                                   
private sector investment.                                                                                                      
                                                                                                                                
4:07:03 PM                                                                                                                    
                                                                                                                                
DIXIE  HOOD, JUNEAU,  spoke  in  support of  a  comprehensive                                                                   
fiscal policy.   She  urged that the  Legislature act  in the                                                                   
public's interest.  She objected  to the Administration's,m./                                                                   
withholding  contract  information   from  citizens  and  the                                                                   
legislature.  She disagreed with  the proposal to change from                                                                   
taxing   production   to   taxing   net   profit.   Corporate                                                                   
accountants are  too likely to  "cook the books".   Providing                                                                   
incentives  is  not appropriate.    International  demand  is                                                                   
increasing  at a significant  rate and  profits are  reaching                                                                   
all-time highs.   Oil consultants have ridiculed  the choices                                                                   
of the  legislature.  She urged  that the Legislature  act on                                                                   
behalf of Alaska and its citizens.                                                                                              
                                                                                                                                
4:10:03 PM                                                                                                                    
                                                                                                                                
SEAN  PURVIS,  JUNEAU, urged  the  Legislature  to set  aside                                                                   
partisan politics  and make  considerations that  protect the                                                                   
Alaska Constitution.                                                                                                            
                                                                                                                                
Representative Chenault closed the public testimony.                                                                            
                                                                                                                                
RECESSED:      4:27:53 PM.                                                                                                    
RECONVENED:    4:29:06 PM                                                                                                     
                                                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jim Holm                                                                                                         
Representative Richard Foster                                                                                                   
Representative Bruce Weyhrauch                                                                                                  
                                                                                                                                
Co-Chair Chenault  asked for clarification from  Dr. Finizza,                                                                   
of the  various tax rates  on gas production  under different                                                                   
tax  systems.   He  noted  concern  on  the 1/3  gas  revenue                                                                   
reduction scenario.                                                                                                             
                                                                                                                                
DR.  TONY FINIZZA,  SPECIAL CONSULTANT,  ECON ONE,  RESEARCH,                                                                   
CONTRACTOR,   LEGISLATIVE   BUDGET   AND   AUDIT   COMMITTEE,                                                                   
discussed the  risk of the credit  rate in terms of  the view                                                                   
of  the future.   He  said  that oil  companies  are using  a                                                                   
distribution  of prices  when planning,  which has a  central                                                                   
value around $40  WTI, plus or minus $15, to get  to the P 20                                                                   
and P 80.   That is consistent  with Dr. Van Meurs' data.  He                                                                   
pointed out  that there  is no  one view of  the future.   He                                                                   
said, "You really  have to think of these things  in terms of                                                                   
distribution."  He speculated  that it could amount to $25 or                                                                   
$50.  Also, the central tendency might be closer to $40.                                                                        
                                                                                                                                
Dr. Finizza discussed  his analysis of three  types of fields                                                                   
using  a   distribution  of   prices,  which  estimates   the                                                                   
probability of a negative tax  position.  The first field was                                                                   
for new exploration.  It is likely  that small field would be                                                                   
found, given  the fact  that ANWR  is not  open and  that the                                                                   
distribution of  fields in the  Central North Slope  and NPRA                                                                   
are likely  to be smaller fields.   He said there could  be a                                                                   
non-economic  development and the  possibility of  a negative                                                                   
credit in new exploration.  He  estimated that probability at                                                                   
35  percent at  the  20 percent  credit,  with  a 25  percent                                                                   
credit that  probability might  go up 5  percent.   He opined                                                                   
that moving to a 25 percent credit  doesn't do that much more                                                                   
damage, given the already high-risk situation.                                                                                  
                                                                                                                                
4:35:26 PM                                                                                                                    
                                                                                                                                
Dr. Finizza  looked at  a satellite  field under this  future                                                                   
price  distribution.    The  chance of  the  state  having  a                                                                   
negative  tax position is  25 percent  at a  20/20 rate.   He                                                                   
also  applied that  same data  to  a legacy  field wedge  and                                                                   
found only  a 5 or 6  percent chance of  a negative tax.   He                                                                   
stated  that there  is  a huge  risk  already  at 20  percent                                                                   
credit and  going to 25 percent  would boost the risk  only a                                                                   
little bit.                                                                                                                     
                                                                                                                                
4:37:12 PM                                                                                                                    
                                                                                                                                
Dr. Finizza  related that  there is  a natural protection  at                                                                   
low prices, because  there would be little exploration.   The                                                                   
advantage  of the  credit system  is  when exploration  takes                                                                   
place at  $40 and  then the price  of oil drops  to $20.   He                                                                   
maintained  that  25 percent  does  no  more damage  than  20                                                                   
percent.                                                                                                                        
                                                                                                                                
Dr.  Finizza   addressed  the  progressivity  feature.     He                                                                   
emphasized that it  is important to strike a  balance between                                                                   
the upside  and the  downside.   He suggested  $50, which  is                                                                   
above the  central tendency.   He voiced  a concern  that the                                                                   
progressivity  rate  is in  nominal  dollars  and could  harm                                                                   
producers when costs rise.  He  suggested various thresholds,                                                                   
especially one  that is  sensitive to changes  in costs.   He                                                                   
opined that SB 305 should have a cap on progressivity.                                                                          
                                                                                                                                
4:41:36 PM                                                                                                                    
                                                                                                                                
Dr.  Finizza  thought   that  a  25  percent   tax  rate  was                                                                   
appropriate.    He noted  that  investment should  rise  when                                                                   
prices  rise,  which  should produce  more  investment.    He                                                                   
predicted that  there would be  more investment under  PPT at                                                                   
today's prices.                                                                                                                 
                                                                                                                                
Dr. Finizza referred  to legacy fields and the  decline rate.                                                                   
He maintained  that PPT helps  lower the effective  severance                                                                   
tax rate by 3 to 4 percent at $40.                                                                                              
                                                                                                                                
4:46:02 PM                                                                                                                    
                                                                                                                                
Representative Kerttula asked  how high the tax risk is at 20                                                                   
percent.   Dr. Finizza replied  that a satellite  field would                                                                   
have  a 25  percent chance  of  losing money,  but the  large                                                                   
legacy  fields  would  have a  much  lower  rate  of 3  to  4                                                                   
percent.  The higher the credit,  the more likely chance of a                                                                   
negative  tax.  He  restated his  position  that the risk  is                                                                   
already high  at 20 percent, so  25 percent is not  that much                                                                   
greater.                                                                                                                        
                                                                                                                                
Representative  Kelly  concluded  that  Dr. Finizza  is  less                                                                   
concerned than the governor or  Dr. Van Meurs about the level                                                                   
of  credit  going  from  20  to  25  percent.    Dr.  Finizza                                                                   
rephrased Representative Kelly's  question to ask if there is                                                                   
risk to  investors that  would prevent  investing in  Alaska.                                                                   
Dr. Finizza  thought it  was not necessary  to have  a safety                                                                   
net.                                                                                                                            
                                                                                                                                
Representative  Kelly summarized that  Dr. Finizza  would not                                                                   
favor  the safety  net  even though  there  is  a 35  percent                                                                   
chance of high risk.  He asked  why the tradeoff is needed if                                                                   
there is a safety net.  Dr. Finizza  responded that the sweet                                                                   
spot in the  price curve is between  $25 and $50 -  where the                                                                   
world will be in  the future.  The PPT credit  and tax system                                                                   
will give protection  on the low end and will  still be ahead                                                                   
on  the  upside.    He  predicted  it  would  bring  in  more                                                                   
exploration.                                                                                                                    
                                                                                                                                
4:53:21 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  wondered where  the  floor should  be.                                                                   
Dr. Finizza  replied, "When  there is  a 10 percent  chance."                                                                   
He  added  that  he  needed more  time  to  think  about  it.                                                                   
Representative Kelly asked about  a floor for the tax when it                                                                   
is  approaching  zero.    Dr. Finizza  replied  that  the  35                                                                   
percent possibility  is for new field exploration.   If it is                                                                   
not for the legacy fields, it  would work.  For legacy fields                                                                   
the risk is only 3-4 percent.   If a floor for exploration is                                                                   
designed, tradeoff  is loss  of exploration.   Representative                                                                   
Kelly noted  that he is trying  to write a tax  for everyone.                                                                   
He requested more information.                                                                                                  
                                                                                                                                
Co-Chair  Meyer  commented that  if  oil  gets down  to  $20,                                                                   
Alaska is  in big trouble.   The Committee  needs to  keep in                                                                   
mind that the  government take consists of  royalty, property                                                                   
taxes, and corporate taxes.                                                                                                     
                                                                                                                                
4:57:57 PM                                                                                                                    
                                                                                                                                
Dr. Finizza spoke to concerns  about the effective tax on gas                                                                   
under various systems.                                                                                                          
                                                                                                                                
Co-Chair  Chenault referred  to  the three  charts that  deal                                                                   
with "Illustration  of  Potential Effective  Tax Rate  on Gas                                                                   
Production Under  Different Tax Systems (copy on  file.)  The                                                                   
current  Senate  Finance  CS before  the  Committee  contains                                                                   
25/20 with gas revenue reduction to 1/3 of actual value.                                                                        
                                                                                                                                
Dr.  Finizza addressed  the issues  on the  graph that  deals                                                                   
with Senate Finance  22.5/25 Alt: With Gas  Revenue Reduction                                                                   
to 1/3 of Actual Value.  He related  that the graph shows the                                                                   
downstream value  of gas at $4,  $6, and $8 ($MCF).   Cost to                                                                   
the downstream  market, the wellhead  value, and  the taxable                                                                   
wellhead  value under  the  1/3 scenario  in  Prudhoe Bay  is                                                                   
shown.   The final  column depicts  the total  tax under  the                                                                   
three  tax  systems after  analyzing  production  costs,  net                                                                   
"profit" per  taxable MCF,  taxable value,  and PPT Tax.   He                                                                   
discussed  what  happens when  this  analysis  is applied  to                                                                   
Point  Thompson and  a  new field.    He related  what  would                                                                   
happen under the current ELF.                                                                                                   
                                                                                                                                
5:03:58 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault   noted  that  some  of   the  Committee's                                                                   
concerns were about the actual  percentages of wellhead value                                                                   
at  Prudhoe Bay,  Point Thompson,  and  in new  fields.   The                                                                   
chart depicts  that there are  no costs associated  with OPEX                                                                   
or CAPEX in Prudhoe Bay.                                                                                                        
                                                                                                                                
Dr. Finizza agreed that there  would be costs associated with                                                                   
that  in the  future.   He spoke  to  how capital  allocation                                                                   
would  affect   Point  Thompson.    The  capital   should  be                                                                   
allocated in proportion to the gas.                                                                                             
                                                                                                                                
Representative Kelly said the  numbers under the 1/3 scenario                                                                   
don't seem to work.  Dr. Finizza  said at first he thought it                                                                   
was a mistake  because it makes Prudhoe and  ELF numbers look                                                                   
the same.                                                                                                                       
                                                                                                                                
5:07:42 PM                                                                                                                    
                                                                                                                                
Representative Kelly  thought there was an attempt  to figure                                                                   
whether costs were  ascribed to oil or to gas.   He termed it                                                                   
a policy  call.   Dr. Finizza  agreed, depending  on what  is                                                                   
trying  to  be accomplished.    For  Point Thompson  all  the                                                                   
capital  should  go  to  gas because  oil  is  a  by-product.                                                                   
Representative Kelly said it is a problem.                                                                                      
                                                                                                                                
Dr.  Finizza   agreed  that  more   time  should   be  taken.                                                                   
Representative   Kerttula   echoed   Representative   Kelly's                                                                   
concern.  Dr. Finizza could not  offer a number, but said 1/3                                                                   
won't work.                                                                                                                     
                                                                                                                                
5:10:58 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula said  the legislature  was told  the                                                                   
effort  was to  help  the small  companies.   She  questioned                                                                   
whether oil and gas should be treated separately.                                                                               
                                                                                                                                
Representative  Kelly  gave  an  example  of  a  larger-than-                                                                   
expected field  discovery.   He opined  that the state  still                                                                   
has  drilling potential  and should  group  this together  to                                                                   
accommodate that.  He suggested pursuing it further.                                                                            
                                                                                                                                
Dr. Finizza agreed to do more research on the topic.                                                                            
                                                                                                                                
Co-Chair Chenault  wondered if the scenario was  thrown in by                                                                   
mistake.                                                                                                                        
                                                                                                                                
Representative Kelly  asked about the safety net  and the oil                                                                   
price  protection  point.   He  suggested trying  to  protect                                                                   
Alaska at the lower price of the commodity.                                                                                     
                                                                                                                                
Representative Kerttula asked  Dr.Finizza to show the results                                                                   
in dollars for  the different scenarios of likely  prices and                                                                   
likely volumes.  Dr. Finizza said  he was trying not to bring                                                                   
gas into the PPT scenarios.  He  suggested "a rule of thumb".                                                                   
He  suggested oil  price scenarios  using a  ratio of  market                                                                   
value gas  to oil,  an 8 to  1 ratio, at  $30, $40,  and $50.                                                                   
Representative  Kerttula said  that  is what  she is  looking                                                                   
for.     Representative  Kerttula   also  asked   for  volume                                                                   
information.                                                                                                                    
                                                                                                                                
CSSB  305  (FIN) am  was  heard  and  HELD in  Committee  for                                                                   
further consideration.                                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 5:21 PM.                                                                                           
                                                                                                                                

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