Legislature(2023 - 2024)ADAMS 519

03/23/2023 01:30 PM House FINANCE

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Audio Topic
01:33:13 PM Start
01:35:36 PM Presentation: Spring Revenue Forecast
02:02:49 PM Presentation: Willow Project Update and Fiscal Analysis
03:07:35 PM HB39 || HB41
03:08:22 PM Public Testimony: off Nets
04:35:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Willow Project Update and Fiscal TELECONFERENCED
Analysis by Owen Stephens, Commercial Analyst,
and Dan Stickel, Chief Economist, Department of
Revenue; and John Crowther, Deputy Commissioner,
Department of Natural Resources
+= HB 39 APPROP: OPERATING BUDGET/LOANS/FUND; SUPP TELECONFERENCED
Heard & Held
-- Public Testimony <2 Minute Limit> --
+= HB 41 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
-- Public Testimony <2 Minute Limit> --
- Public Testimony 3:00 - 5:00 PM
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Send written testimony to house.finance@akleg.gov
+ Presentation: Spring Revenue Forecast by TELECONFERENCED
Commissioner Adam Crum; Dan Stickel, Chief
Economist; Colleen Glover, Tax Division Director;
Department of Revenue
<Above Presentation Rescheduled from 3/22>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 23, 2023                                                                                            
                         1:33 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:33:13 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Johnson called the  House Finance Committee meeting                                                                    
to order at 1:33 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Co-Chair                                                                                           
Representative Neal Foster, Co-Chair                                                                                            
Representative DeLena Johnson, Co-Chair                                                                                         
Representative Julie Coulombe                                                                                                   
Representative Mike Cronk                                                                                                       
Representative Alyse Galvin                                                                                                     
Representative Sara Hannan                                                                                                      
Representative Andy Josephson                                                                                                   
Representative Dan Ortiz                                                                                                        
Representative Will Stapp                                                                                                       
Representative Frank Tomaszewski                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Dan Stickel,  Chief Economist, Economic Research  Group, Tax                                                                    
Division,  Department  of  Revenue;  John  Crowther,  Deputy                                                                    
Commissioner, Department of  Natural Resources; Dan Stickel,                                                                    
Chief  Economist,  Economic  Research Group,  Tax  Division,                                                                    
Department  of Revenue;  Owen Stephens,  Commercial Analyst,                                                                    
Department of Revenue.                                                                                                          
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Anna   Grace  Jeffries,   Primary  Prevention   Coordinator,                                                                    
Advocates for Victims of  Violence, Valdez; Moira Gallagher,                                                                    
Self, Anchorage; Tiffany  Mills, Executive Director, Helping                                                                    
Ourselves Prevent Emergencies (HOPE),  Prince of Wales; Jena                                                                    
Crafton, Self,  Eagle River; Carri Crater,  Self, Anchorage;                                                                    
Maria  Legend, Self,  Anchorage;  Tom  Crafton, Self,  Eagle                                                                    
River; Amanda Faulkner,  Alaska Association on Developmental                                                                    
Disabilities,  Kenai; Jon  Erickson, City  Manager, Yakutat;                                                                    
Kathleen  Fitzgerald,  Self,  Soldotna; John  Solomon,  CEO,                                                                    
Alaska   Behavioral   Health  Association,   Kotzebue;   Tom                                                                    
Morphet,  Self, Haines;  Dawn Waldal-Anderson,  Mayor, Whale                                                                    
Pass,  Prince  of  Wales; John  Sonin,  Civilized  Humanity,                                                                    
Douglas;  Emily  Carroll,  Self,  Anchorage;  Sue  Libenson,                                                                    
Self,  Haines;  Eric   Gurley,  Executive  Director,  ACCESS                                                                    
Alaska Inc., Anchorage; Rick Nelson, Self, Anchorage.                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 39     APPROP: OPERATING BUDGET/LOANS/FUND; SUPP                                                                             
                                                                                                                                
          HB 39 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
HB 41     APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
          HB 41 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
PRESENTATION: SPRING REVENUE FORECAST                                                                                           
                                                                                                                                
PRESENTATION: WILLOW PROJECT UPDATE AND FISCAL ANALYSIS                                                                         
                                                                                                                                
Co-Chair Johnson reviewed the  meeting agenda. The committee                                                                    
would hear  two presentations  including the  spring revenue                                                                    
forecast  by  the  Department  of   Revenue  (DOR)  and  the                                                                    
Department  of Natural  Resources  (DNR) and  an update  and                                                                    
fiscal analysis of the Willow  project by DOR and DNR. There                                                                    
would  be  public  testimony on  the  operating  and  mental                                                                    
health budgets after the presentations.                                                                                         
                                                                                                                                
^PRESENTATION: SPRING REVENUE FORECAST                                                                                        
                                                                                                                                
1:35:36 PM                                                                                                                    
                                                                                                                                
Co-Chair Johnson  asked committee members to  hold questions                                                                    
until after the meeting.                                                                                                        
                                                                                                                                
DAN STICKEL,  CHIEF ECONOMIST, ECONOMIC RESEARCH  GROUP, TAX                                                                    
DIVISION,  DEPARTMENT  OF  REVENUE,  provided  a  PowerPoint                                                                    
presentation  titled  "Spring  2023  Forecast  Presentation:                                                                    
House  Finance Committee,"  dated  March 22,  2023 (copy  on                                                                    
file). He stated  he would focus on a few  key slides in the                                                                    
interest of time.  He began with key  assumptions behind the                                                                    
spring forecast on  slide 5. He highlighted  that the spring                                                                    
forecast was one scenario within  a range of uncertainty and                                                                    
potential  outcomes. Some  of the  market volatility  in the                                                                    
financial markets over the past  couple of weeks was another                                                                    
source of uncertainty.                                                                                                          
                                                                                                                                
Mr. Stickel continued  to review slide 5  and explained that                                                                    
DOR did  not change its  outlook for investment  returns for                                                                    
the  fiscal year.  Investment forecasts  were based  on a  7                                                                    
percent return  for FY  23 and  7.05 percent  for FY  24 and                                                                    
beyond.  The federal  revenue forecast  had been  updated to                                                                    
incorporate all  known federal revenues  as of  March. There                                                                    
were some increases to expected  federal revenues related to                                                                    
expected  infrastructure  funds  and increased  funding  for                                                                    
agency operations. The oil and  gas forecast was based on an                                                                    
estimated  oil price  of $85.25  per  barrel for  FY 23.  He                                                                    
explained it  was an average price  that incorporated higher                                                                    
prices that had already occurred  in the current fiscal year                                                                    
and an assumption  that oil prices would average  in the low                                                                    
$70s per  barrel for the  remainder of the fiscal  year. The                                                                    
oil  price per  barrel forecast  for FY  24 was  $73.00. The                                                                    
non-petroleum  assumptions were  largely unchanged  from the                                                                    
fall  forecast.  The  forecast  assumed  continued  economic                                                                    
growth  (any  economic slowdown  was  expected  to be  short                                                                    
lived), 90 percent  of capacity for the  2023 cruise season,                                                                    
and  minerals prices  based on  futures  markets. He  stated                                                                    
that  most  of  the  changes between  the  fall  and  spring                                                                    
forecasts were related to oil and gas.                                                                                          
                                                                                                                                
1:39:05 PM                                                                                                                    
                                                                                                                                
Mr.  Stickel  advanced  to   slide  9  titled  "Unrestricted                                                                    
Revenue Forecast: FY 2022 and  Changes to Two-Year Outlook."                                                                    
The  forecast  for  Alaska North  Slope  (ANS)  average  oil                                                                    
prices had been decreased by $3.20  per barrel for FY 23 and                                                                    
by $8 per  barrel for FY 24. He stated  the decrease was the                                                                    
primary reason  for the reduction  in the  revenue forecast.                                                                    
Unrestricted general fund (UGF)  revenue was reduced by $246                                                                    
million for  FY 23  and $679  million for  FY 24.  There was                                                                    
very   little  change   in  expectation   for  non-petroleum                                                                    
revenues.  The  Permanent  Fund  transfer  was  one  of  the                                                                    
largest  sources   of  UGF  revenue.  He   stated  that  the                                                                    
expectation for  the transfer for  FY 23  and FY 24  had not                                                                    
changed because  of the way  the transfer was  calculated on                                                                    
the ending value of the first five of the past six years.                                                                       
                                                                                                                                
Mr.  Stickel  turned  to  slide  10  titled  "Total  Revenue                                                                    
Forecast:  FY  2022 to  FY  2024  Totals." The  DOR  Revenue                                                                    
Sources  Book  included  four  categories  of  revenue  that                                                                    
aligned with how  revenues were reported in  the budget. The                                                                    
UGF  category   included  revenues  available   for  general                                                                    
appropriation. Designated general  funds (DGF) were revenues                                                                    
technically   available    for   appropriation    but   were                                                                    
customarily  appropriated   for  a  specific   purpose.  For                                                                    
example,  a   share  of  alcohol  tax   revenues  that  were                                                                    
customarily   appropriated  to   alcohol   and  drug   abuse                                                                    
treatment  and  prevention  purposes.  The  category  "other                                                                    
restricted revenues" was truly  dedicated to a specific use.                                                                    
He  highlighted examples  including debt  covenants, federal                                                                    
law provisions,  and constitutional restrictions (such  as a                                                                    
portion of state  royalty revenue constitutionally dedicated                                                                    
to  the Permanent  Fund). The  federal revenue  category was                                                                    
considered  to  be  restricted because  there  were  federal                                                                    
provisions  specifying how  the funds  could be  used. Total                                                                    
state revenue  was $8.6 billion  in FY  22, which was  a bit                                                                    
lower than  in a typical  year because investments  showed a                                                                    
net  negative  in  FY  22  due to  a  market  downturn.  The                                                                    
forecast was $16.4  billion in total state revenue  in FY 23                                                                    
and $14.9 billion in FY 24.                                                                                                     
                                                                                                                                
Mr. Stickel  moved to slide 11  titled "Unrestricted Revenue                                                                    
Forecast: FY  2022 to FY  2024 Totals." He  highlighted that                                                                    
investment  and  petroleum  revenue  were  the  two  primary                                                                    
sources of  UGF revenue. Each  of the two  sources generated                                                                    
over $3  billion in  FY 22.  The department  was forecasting                                                                    
investment  revenues  of $3.4  billion  in  FY 23  and  $3.6                                                                    
billion in FY  24 and petroleum revenues of  $3.1 billion in                                                                    
FY 23 and $2.2 billion in FY 24.                                                                                                
                                                                                                                                
1:42:55 PM                                                                                                                    
                                                                                                                                
Mr. Stickel looked at a  breakout of unrestricted investment                                                                    
revenue on  slide 12.  The Permanent  Fund transfer  was the                                                                    
largest  portion. Additionally,  there was  a small  portion                                                                    
primarily  composed of  earnings on  the state  general fund                                                                    
balances.  There  were  some  losses  on  the  general  fund                                                                    
balances  in  FY  22  due  to  some  of  the  interest  rate                                                                    
volatility, but  DOR was anticipating  a return  to positive                                                                    
amounts in FY 23 and FY 24.                                                                                                     
                                                                                                                                
Mr.  Stickel   turned  to  slide  14   titled  "Unrestricted                                                                    
Petroleum Revenue:  FY 2022  to FY  2024 Totals."  The slide                                                                    
included four  different sources.  State property tax  was a                                                                    
fairly stable  revenue source generating a  little over $120                                                                    
million per year.  Corporate income tax applied  to most but                                                                    
not all  of the oil  and gas corporations doing  business in                                                                    
the state and DOR was  expecting it to generate $270 million                                                                    
in  FY  23 and  $300  million  in FY  24.  The  oil and  gas                                                                    
production tax  (the state's severance  tax on oil  and gas)                                                                    
was  projected  to  generate  $1.5  billion  in  FY  23  and                                                                    
slightly over  $700 million  in FY  24. For  state royalties                                                                    
including [mineral]  bonuses, rents,  and interest,  DOR was                                                                    
forecasting  $1.2 billion  in  FY 23  and  slightly over  $1                                                                    
billion in  FY 24.  He noted  the amounts  on slide  14 were                                                                    
limited  to  the  UGF  portion. He  explained  there  was  a                                                                    
significant  municipal   share  for   property  tax   and  a                                                                    
significant  restricted  share  of royalties  going  to  the                                                                    
Permanent Fund and school fund.                                                                                                 
                                                                                                                                
1:45:09 PM                                                                                                                    
                                                                                                                                
Mr. Stickel  turned to  slide 17 showing  the change  in the                                                                    
long-term petroleum price forecast  from fall 2022 to spring                                                                    
2023. He noted  it was the primary reason  for the reduction                                                                    
in the revenue forecast from  fall to spring. The department                                                                    
used the  futures market  to guide  its oil  price forecast.                                                                    
The spring forecast  was based on the  median futures prices                                                                    
from the preceding week ending  March 17, which was compared                                                                    
to the fall forecast generated  in early December. There was                                                                    
a  $3.20 per  barrel reduction  for the  FY 23  forecast, an                                                                    
$8.00 per barrel reduction for  FY 24, and reductions in the                                                                    
outyears as well.                                                                                                               
                                                                                                                                
Mr.  Stickel advanced  to slide  19  showing the  FY 24  UGF                                                                    
revenue forecast  before accounting  for the  Permanent Fund                                                                    
transfer of  $2.7 billion  and a forecast  price of  $73 per                                                                    
barrel oil.  He explained that each  additional dollar above                                                                    
the forecasted $73  per barrel equated to  about $65 million                                                                    
to $70 million  UGF. He detailed that each  dollar below the                                                                    
$73 per barrel forecast equated to about $50 million UGF.                                                                       
                                                                                                                                
1:47:14 PM                                                                                                                    
                                                                                                                                
Representative  Stapp  asked  about  slides  showing  stable                                                                    
investment returns of  7 percent for FY 23  and 7.05 percent                                                                    
for FY  24. He  noted that in  January the  Alaska Permanent                                                                    
Fund Corporation (APFC) was reporting  a 3.38 percent return                                                                    
year to date  (YTD), which was below the  rate of inflation.                                                                    
He remarked that  the fiscal year would end in  June, and he                                                                    
wondered if  there would be  a massive investment  return to                                                                    
make a correction to the APFC projection.                                                                                       
                                                                                                                                
Mr. Stickel  answered that  the 7  percent and  7.05 percent                                                                    
reflected   nominal  returns   (prior   to  accounting   for                                                                    
inflation). The  department worked with APFC  to help derive                                                                    
the investment forecasts. He elaborated  that APFC looked at                                                                    
the  returns  YTD  in  addition  to  the  full  year  return                                                                    
assumption and  felt the 7  percent annual return  was still                                                                    
on track; therefore,  APFC did not want to  make any changes                                                                    
to the forecast.                                                                                                                
                                                                                                                                
Representative Galvin asked if  DOR conducted an estimate of                                                                    
cost to the  state and how much the state  may forego if the                                                                    
state did not impose a  ringfence on production tax over the                                                                    
Willow development.                                                                                                             
                                                                                                                                
Mr. Stickel  answered that the  Willow project  was included                                                                    
in  the revenue  forecast on  a risked  basis. He  noted the                                                                    
topic  would be  discussed  in further  detail  in the  next                                                                    
presentation.                                                                                                                   
                                                                                                                                
Representative Galvin wondered if  a change was made whether                                                                    
it  would enable  the state  to  shift the  impact to  later                                                                    
years in order for Willow to  contribute to the state now as                                                                    
opposed to later.                                                                                                               
                                                                                                                                
1:50:00 PM                                                                                                                    
                                                                                                                                
Mr. Stickel could  not speak to any  particular proposal. He                                                                    
explained   it  would   depend   on  how   a  proposal   was                                                                    
constructed.  He  noted the  department  would  be happy  to                                                                    
analyze it.  He addressed  the Willow project  in particular                                                                    
and explained that the negative  impacts to the state during                                                                    
construction  came out  to about  $360 million  cumulatively                                                                    
over  the first  five  years of  construction. The  official                                                                    
forecast was produced on a  risked basis and only included a                                                                    
portion  of Willow.  He stated  it  would give  an order  of                                                                    
magnitude estimate of  what may be included  in the official                                                                    
forecast.                                                                                                                       
                                                                                                                                
Co-Chair   Johnson  asked   Mr.   Stickel   to  repeat   the                                                                    
information.                                                                                                                    
                                                                                                                                
Mr. Stickel  replied there were  two ways of looking  at the                                                                    
Willow  project.  The  first was  in  the  official  revenue                                                                    
forecast  that used  confidential  taxpayer information  and                                                                    
company specific  modeling. The  department could  not share                                                                    
the  details  with  the  public  or  the  committee  due  to                                                                    
taxpayer  confidentiality  concerns.   The  Willow  specific                                                                    
analysis that  would be presented  later in the  meeting was                                                                    
based entirely  on publicly available information.  Over the                                                                    
first  five years  of  the project  beginning  in 2024,  the                                                                    
total net impact to the  state was about $360 million, which                                                                    
was  offset by  an impact  of  about $1.3  billion over  the                                                                    
following five  years. The  first ten years  of the  life of                                                                    
the project were projected to  bring close to $1 billion net                                                                    
positive to the state.                                                                                                          
                                                                                                                                
Co-Chair Johnson asked if it was $360 million per year.                                                                         
                                                                                                                                
Mr. Stickel clarified the number  was $360 million total. He                                                                    
added that  DOR had published  a white  paper at the  end of                                                                    
February  that  included   some  larger  estimated  negative                                                                    
impacts.  The department  made  changes  to its  assumptions                                                                    
regarding how  the lease expenditures relate  to the minimum                                                                    
tax. The  minimum tax significantly limited  the exposure to                                                                    
the  state and  the benefit  to the  company from  the lease                                                                    
expenditures.                                                                                                                   
                                                                                                                                
1:52:29 PM                                                                                                                    
                                                                                                                                
Representative  Galvin stated  her  understanding there  was                                                                    
another project  very nearby with  a different  company that                                                                    
had to  pay taxes because  they were not yet  in production.                                                                    
She stated her understanding that  the state would still get                                                                    
the revenue [from the Willow  project], but not until later.                                                                    
She thought it  was the case because of the  way the oil tax                                                                    
laws were presently written.                                                                                                    
                                                                                                                                
Mr.  Stickel answered  that there  were some  nuances around                                                                    
how the lease expenditures  translate into state revenue and                                                                    
company benefit. He stated it  depended on whether a company                                                                    
was paying above the minimum  tax, under the minimum tax, or                                                                    
at a  net operating loss.  There were several slides  in the                                                                    
upcoming presentation that would address the question.                                                                          
                                                                                                                                
Representative Hannan looked at  slide 19 and referenced Mr.                                                                    
Stickel's statement  that every dollar above  $73 per barrel                                                                    
was  worth $65  million  to  the state.  She  asked for  the                                                                    
second number Mr. Stickel had provided.                                                                                         
                                                                                                                                
Mr. Stickel replied  that every dollar below  $73 per barrel                                                                    
below was about $50 million.                                                                                                    
                                                                                                                                
Representative Hannan asked  why a dollar below  the $73 per                                                                    
barrel projection was  so much less than a  dollar above the                                                                    
projection.                                                                                                                     
                                                                                                                                
Mr. Stickel  answered that  the state's  oil tax  system was                                                                    
progressive  in nature  and included  the gross  minimum tax                                                                    
and  net tax.  The difference  had  to do  with a  crossover                                                                    
point between the two.                                                                                                          
                                                                                                                                
Representative Hannan pointed to  the severance tax decrease                                                                    
on slide  14. She asked  what was included in  the severance                                                                    
tax and why it dropped 50 percent from FY 23 to FY 24.                                                                          
                                                                                                                                
Mr.  Stickel  responded  that  the   production  tax  was  a                                                                    
progressive tax system. He detailed  that DOR was estimating                                                                    
a  significant drop  in oil  prices from  $85.25 to  $73 per                                                                    
barrel  from  FY  23  to  FY 24.  The  department  was  also                                                                    
anticipating an increase in company spending.                                                                                   
                                                                                                                                
1:55:59 PM                                                                                                                    
                                                                                                                                
Representative  Josephson  remarked  that  Mr.  Stickel  had                                                                    
brought  some  good  news  in one  way.  He  referenced  Mr.                                                                    
Stickel's statement that the loss  [to the state]/tax passed                                                                    
by the legislature was only  $360 million for five years. He                                                                    
asked what the number had been before the recalculation.                                                                        
                                                                                                                                
Mr. Stickel  believed the negative  was over $1  billion. He                                                                    
relayed that his colleague would  provide the information in                                                                    
the next presentation.                                                                                                          
                                                                                                                                
Representative Josephson  asked if it  was related to  the 4                                                                    
percent gross tax  floor and not to a reduction  in the cost                                                                    
of capital expenditures.                                                                                                        
                                                                                                                                
Mr. Stickel  agreed. He relayed  that when DOR  compiled its                                                                    
Willow lifecycle  analysis together in February  it had made                                                                    
a  simplifying assumption  that the  producer would  receive                                                                    
the 35 percent value of  all lease expenditures and that the                                                                    
minimum tax  floor would not  limit the value.  He explained                                                                    
that the assumption was generally  correct for a smaller new                                                                    
project,  but it  was  no longer  a  correct assumption  for                                                                    
extremely large projects such as  Willow. He stated that the                                                                    
minimum  tax floor  significantly reduced  the value  of the                                                                    
lease  expenditures  to  the  company.  Another  change  the                                                                    
department  made   was  incorporating  the   spring  revenue                                                                    
forecast, which  had a  lower oil  price. He  explained that                                                                    
under the  change a  company reached  the minimum  tax floor                                                                    
quicker than under the fall price forecast.                                                                                     
                                                                                                                                
1:57:43 PM                                                                                                                    
                                                                                                                                
Co-Chair   Johnson  wanted   to   segue   into  the   Willow                                                                    
presentation shortly.                                                                                                           
                                                                                                                                
Representative  Josephson  asked  if  the  department's  new                                                                    
findings  about the  net  operating  losses or  carryforward                                                                    
lease  expenditures  would   be  contentious  and  disputed.                                                                    
Alternatively, he asked if DOR's confidence level was high.                                                                     
                                                                                                                                
Mr. Stickel answered that DOR  was continually improving its                                                                    
analysis and  its confidence in  the numbers  was improving.                                                                    
He stated that  the current analysis was a  new and improved                                                                    
version of the information released by DOR in February.                                                                         
                                                                                                                                
Representative  Ortiz  turned  to  slide  17  pertaining  to                                                                    
changes  to the  long-term oil  price forecast.  He observed                                                                    
that projections  going out to  2032 remained below  $80 per                                                                    
barrel. He asked what went into the projection.                                                                                 
                                                                                                                                
Mr.  Stickel  replied  that  DOR  used  the  futures  market                                                                    
outlook for  as many years  as available, which  was through                                                                    
the  end  of FY  29  in  the  current case.  Following  that                                                                    
timeframe,  DOR applied  an  assumption  where prices  would                                                                    
increase with inflation. The chart  on slide 17 included the                                                                    
assumption that  prices would grow with  inflation beginning                                                                    
in 2030.                                                                                                                        
                                                                                                                                
Co-Chair Johnson thanked Mr. Stickel for the presentation.                                                                      
                                                                                                                                
2:00:33 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:02:42 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
^PRESENTATION: WILLOW PROJECT UPDATE AND FISCAL ANALYSIS                                                                      
                                                                                                                                
2:02:49 PM                                                                                                                    
                                                                                                                                
JOHN  CROWTHER, DEPUTY  COMMISSIONER, DEPARTMENT  OF NATURAL                                                                    
RESOURCES,  stated that  the project  represented a  new era                                                                    
for Alaska from his perspective  and from the perspective of                                                                    
the   Department  of   Natural  Resources   (DNR)  and   the                                                                    
administration.  He  elaborated  that  the  size,  scope  of                                                                    
investment,  potential  production,  and location  were  all                                                                    
groundbreaking and set the stage  for production and success                                                                    
on the  North Slope in  a way that  had not been  seen since                                                                    
the startup  of the  fields and  bringing the  Kuparuk River                                                                    
Unit into production  or perhaps going back  to Prudhoe Bay.                                                                    
He highlighted  that the Pikka Unit  Nanushuk development in                                                                    
the National  Petroleum Reserve-Alaska  (NPRA) and  on state                                                                    
lands  was  a  new  era  for Alaska.  He  relayed  that  the                                                                    
projects  were   tremendously  complex,  massive,   and  not                                                                    
guaranteed.  He noted  it was  fair to  say that  the Willow                                                                    
project had a bit of fragility  at the moment due to ongoing                                                                    
litigation. He  expounded that  a little  over one  year ago                                                                    
litigation had  successfully paused and  required additional                                                                    
revisions to  the project. Additionally, a  final investment                                                                    
decision  (FID) had  not yet  been taken  by ConocoPhillips.                                                                    
The  company  had  not  announced   when  it  may  make  the                                                                    
decision. The  successful resolution to litigation  was part                                                                    
of   the  decision   in   addition   to  other   significant                                                                    
considerations.                                                                                                                 
                                                                                                                                
Mr.  Crowther  provided  a  PowerPoint  presentation  titled                                                                    
"Willow  Project  Update:  House Finance  Committee,"  dated                                                                    
March 23, 2023  (copy on file). He began on  slide 3 showing                                                                    
a  map of  development on  the  North Slope  and the  Willow                                                                    
project  location. The  colors  on the  slide indicated  the                                                                    
ownership of the  land. The Willow project was  shown on the                                                                    
left side of the slide in  the NPRA located on federal land.                                                                    
The  colors on  the slide  indicated land  ownership: yellow                                                                    
was  state  owned  land, green  was  federally  owned  (also                                                                    
including   the  Bear   Tooth   Unit),   and  other   colors                                                                    
corresponded  to  different  ownership types  for  different                                                                    
units.                                                                                                                          
                                                                                                                                
2:05:34 PM                                                                                                                    
                                                                                                                                
Mr.  Crowther discussed  ownership/royalty  interest with  a                                                                    
map on slide  4. He explained that on state  lands the state                                                                    
received 100 percent royalty  interest. The variable royalty                                                                    
rates and  leases affect the  rates coming to the  state for                                                                    
different development. Areas shown in  red were owned by the                                                                    
federal  government.   The  coastal  plain  of   the  Alaska                                                                    
National Wildlife Refuge (ANWR) was  located to the east and                                                                    
the  federally  owned  NPRA  was to  the  west.  The  Willow                                                                    
project was located within the  NPRA; therefore, the royalty                                                                    
interest was  owned by the federal  government. However, the                                                                    
federal  government, in  its  statutory provisions  enabling                                                                    
development,  leasing,   and  activity  in  the   NPRA,  had                                                                    
dedicated 50 percent of the  revenues to the state coming to                                                                    
the  NPRA  impact mitigation  fund.  He  noted that  royalty                                                                    
revenues from Willow would follow the process.                                                                                  
                                                                                                                                
2:06:40 PM                                                                                                                    
                                                                                                                                
Mr.  Crowther turned  to slide  5 showing  a map  to provide                                                                    
context  about other  investments ConocoPhillips  was making                                                                    
on the North  Slope. He pointed to the left  side of the map                                                                    
showing the exploration  wells West Willow 1 and  Bear 1. He                                                                    
detailed that ConocoPhillips was  attempting to identify new                                                                    
prospects to  potentially develop. The Greater  Mooses Tooth                                                                    
(GMT) development  was currently  in production  and located                                                                    
next to  the Bear  Tooth development.  There were  also some                                                                    
significant developments  on state lands including  the Nuna                                                                    
project,  the Coyote  project located  in the  Kuparuk River                                                                    
Unit, and  the Narwhal development (already  online) located                                                                    
in the  Colville River Unit  (often referred to  as Alpine).                                                                    
He  relayed that  ConocoPhillips  had been  very active  and                                                                    
investing a tremendous amount in  all of the projects, which                                                                    
led  to  production  and  ultimately  revenue  and  economic                                                                    
activity for Alaska.                                                                                                            
                                                                                                                                
Mr. Crowther  advanced to a  map on slide 6  showing details                                                                    
of the Willow  project. He pointed to three  pads located in                                                                    
the  Bear Tooth  unit  (BT  1, 2,  and  3  in a  north/south                                                                    
orientation)  that  had  been  approved  by  the  record  of                                                                    
decision by the Department  of Interior (DOI). Additionally,                                                                    
important infrastructure  had been approved in  the location                                                                    
as  well including  an airstrip,  facilities, and  a central                                                                    
processing  facility   allowing  the  oil  produced   to  be                                                                    
appropriately managed  and processed  prior to flowing  to a                                                                    
new  pipeline  flowing  to  the  Kuparuk  River  unit  (KRU)                                                                    
(indicated in green).                                                                                                           
                                                                                                                                
2:08:28 PM                                                                                                                    
                                                                                                                                
Mr.  Crowther advanced  to slide  7  showing the  permitting                                                                    
history  for the  Willow project.  In  2013, the  integrated                                                                    
activity  plan for  the  entire NPRA  was  approved by  DOI,                                                                    
which set  the terms  for development on  a large  scale. At                                                                    
the planning phase the IAP  stepped into the specific review                                                                    
for the Willow project  beginning in 2017/2018. The original                                                                    
record of decision  was issued in 2020,  which included some                                                                    
changes  that   ConocoPhillips  initiated  in   response  to                                                                    
community  concerns  to  improve   the  project  and  reduce                                                                    
impact. Due  to a lawsuit,  the 2020 approval was  paused by                                                                    
the courts  and sent back  to DOI for additional  review and                                                                    
revision. The  review and revision  had just  completed, and                                                                    
the  second  supplemental   environmental  impact  statement                                                                    
(EIS)  had finished  in  February 2023  with  the record  of                                                                    
decision following  in March. He  relayed that  lawsuits had                                                                    
immediately been filed. The state  had filed to intervene in                                                                    
the  litigation  and  opposed  preliminary  injunctions  and                                                                    
efforts to pause the project while litigation proceeds.                                                                         
                                                                                                                                
Mr. Crowther discussed the development  timeline on slide 7.                                                                    
The  initial ice  construction (non-ground  disturbing, non-                                                                    
permanent  activity)  was   underway;  however,  significant                                                                    
ground disturbing  construction activity was on  hold by the                                                                    
operator  until   there  was   resolution  of   the  initial                                                                    
litigation questions. Project  permitting was continuing and                                                                    
included things like state pipeline  rights of way that were                                                                    
based on the record of  decision. He noted the approvals and                                                                    
permitting were  proceeding on  schedule. He  reiterated his                                                                    
earlier statement  that FID  had not  yet been  announced by                                                                    
ConocoPhillips even though receiving  the record of decision                                                                    
was a  very important  step. He relayed  that ConocoPhillips                                                                    
would take litigation, logistics,  timing, and fiscal policy                                                                    
prior  reaching  FID.  He relayed  that  construction  could                                                                    
begin  as soon  as possible  (possibly in  the current  year                                                                    
proceeding  into  the  2027  to  2029  timeframe),  assuming                                                                    
litigation had a favorable outcome.                                                                                             
                                                                                                                                
2:11:11 PM                                                                                                                    
                                                                                                                                
Representative  Galvin asked  if  there had  already been  a                                                                    
plan to  start the  project that had  been prevented  by the                                                                    
lawsuits.  She  referenced a  bullet  point  about ice  road                                                                    
construction  in the  presentation. She  asked if  something                                                                    
was happening  or if  the state was  holding its  breath and                                                                    
waiting.                                                                                                                        
                                                                                                                                
Mr.  Crowther  replied  that the  current  status  was  very                                                                    
similar to what it had been  in early 2021. He detailed that                                                                    
when the  record of decision had  been issued by the  DOI at                                                                    
the end  of 2020  initial ice work  and field  execution had                                                                    
begun.  He elaborated  that the  initial  lawsuits had  been                                                                    
filed  and  ultimately  a preliminary  injunction  had  been                                                                    
granted,  which paused  and limited  the  work. The  current                                                                    
position was  similar in that  the preparation for  work was                                                                    
ongoing,  but the  state  would not  know  whether the  work                                                                    
could  proceed until  the lawsuit  was resolved.  The review                                                                    
that had  been conducted  as a result  of the  first lawsuit                                                                    
was comprehensive  and hopefully there would  be a different                                                                    
result in the [recent] litigation.                                                                                              
                                                                                                                                
2:12:58 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:13:58 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
DAN STICKEL,  CHIEF ECONOMIST, ECONOMIC RESEARCH  GROUP, TAX                                                                    
DIVISION,  DEPARTMENT  OF  REVENUE,  provided  a  PowerPoint                                                                    
presentation titled  "Willow Fiscal Analysis:  House Finance                                                                    
Committee," dated  March 23, 2023  (copy on file).  He noted                                                                    
the  presentation  was  broken  into two  parts.  The  first                                                                    
section  was aimed  at  helping  individuals understand  the                                                                    
nuances  of  the production  tax,  which  was important  for                                                                    
understanding  the specific  impacts of  how Willow  and the                                                                    
associated  lease expenditures  would impact  state revenue.                                                                    
The  second  part  of  the  presentation  included  detailed                                                                    
fiscal modeling for the Willow project.                                                                                         
                                                                                                                                
Mr.  Stickel relayed  that the  Department of  Revenue (DOR)                                                                    
had originally released  a white paper on  the Willow fiscal                                                                    
analysis  in late  February, which  had estimated  a greater                                                                    
than  $1 billion  negative impact  to the  state during  the                                                                    
construction   period.  The   department  had   updated  the                                                                    
analysis to better  account how the gross  minimum tax floor                                                                    
would impact how lease expenditures  apply in the production                                                                    
tax. Additionally,  DOR had incorporated its  spring revenue                                                                    
forecast.  The updated  analysis  estimated  a $360  million                                                                    
total negative  impact to the state  during construction and                                                                    
an  estimated $1  billion net  positive over  the first  ten                                                                    
years of the project.                                                                                                           
                                                                                                                                
Mr. Stickel  noted that slide 2  included a list of  oil and                                                                    
gas  acronyms. He  moved  to  a disclaimer  on  slide 3.  He                                                                    
explained  that  DOR had  taken  a  complex tax  system  and                                                                    
complex  project and  made assumptions  to  break them  down                                                                    
into understandable  pieces. He underscored that  he and his                                                                    
colleagues  were economists,  not  auditors and  any of  the                                                                    
statements  they  made about  the  tax  system were  not  an                                                                    
official  tax  interpretation.  Additionally,  DOR's  Willow                                                                    
analysis   was   based   entirely  on   publicly   available                                                                    
information in  order to honor taxpayer  confidentiality. He                                                                    
noted that  taxpayer specific information would  be slightly                                                                    
different than the information shown in the presentation.                                                                       
                                                                                                                                
2:17:24 PM                                                                                                                    
                                                                                                                                
Co-Chair Johnson asked to keep  the questions limited due to                                                                    
the limited timeframe.                                                                                                          
                                                                                                                                
Representative Stapp  read the  first bullet point  on slide                                                                    
3:                                                                                                                              
                                                                                                                                
     Alaska's severance tax is one of the most complex in                                                                       
     the world and portions are subject to interpretation                                                                       
     and dispute.                                                                                                               
                                                                                                                                
Representative Stapp  stated that  as the  committee learned                                                                    
about the  complicated process, he realized  that the people                                                                    
who were much smarter than  him generally came out ahead. He                                                                    
remarked, "I'm  curious as we  go through this  process, who                                                                    
the actual smarter people are going to be."                                                                                     
                                                                                                                                
Mr.  Stickel turned  to slide  5 and  discussed oil  and gas                                                                    
revenue sources. The state  received revenue from royalties,                                                                    
corporate income  taxes, property  tax, and  production tax.                                                                    
The  royalty  owner of  the  Willow  field was  the  federal                                                                    
government with  a 16.67 percent royalty.  He explained that                                                                    
half  of the  royalty  was  shared with  the  state for  the                                                                    
benefit of  the impacted  communities and was  essentially a                                                                    
passthrough  revenue. The  department assumed  the corporate                                                                    
income  tax  would  apply  to the  operator  at  Willow.  He                                                                    
explained  that the  property tax  of 20  mills would  apply                                                                    
[and would  be paid to  the state] and a  municipal property                                                                    
tax was allowed as a credit  against the state tax. He would                                                                    
provide  details  on  the production  tax  in  the  upcoming                                                                    
slides.                                                                                                                         
                                                                                                                                
2:19:56 PM                                                                                                                    
                                                                                                                                
Mr.  Stickel moved  to  slide 6  pertaining  to the  overall                                                                    
fiscal  system order  of operations.  He explained  that the                                                                    
landowner  received the  royalty  off the  top. He  detailed                                                                    
that  royalties  and  property  tax  were  both  allowed  as                                                                    
deductions  against production  tax  and  both taxes  became                                                                    
deductions against  corporate income tax. He  noted that the                                                                    
state corporate income  tax was allowed as an  offset to the                                                                    
federal corporate income tax.                                                                                                   
                                                                                                                                
Mr. Stickel  relayed that the  next set of  slides beginning                                                                    
with slide  7 were  a refresher of  the order  of operations                                                                    
presentation given by  DOR earlier in the  session. He noted                                                                    
that  the  slide had  been  updated  to reflect  the  spring                                                                    
revenue forecast and presented  an estimate of the aggregate                                                                    
calculation  in North  Slope oil  taxes.  The refresher  was                                                                    
meant to  provide context to  how the Willow  field impacted                                                                    
production taxes.  The slide  used the  DOR forecast  of $73                                                                    
per barrel  for FY  24 and the  average daily  production of                                                                    
496,000 barrels  per day and  looked at the $36  million per                                                                    
day or $13 billion  per year of the value of  oil and how it                                                                    
translated into the tax calculation.                                                                                            
                                                                                                                                
Mr. Stickel turned  to slide 8 and discussed  the first step                                                                    
of  the production  tax calculation,  which was  to subtract                                                                    
royalty barrels. The  average royalty rate on  the state was                                                                    
slightly  over  12.5  percent.   He  highlighted  that  12.5                                                                    
percent and  16.67 percent  were the  most common  rates. He                                                                    
explained that  the subtraction  of royalty  barrels arrived                                                                    
at an  estimated taxable  value of $11.5  billion for  FY 24                                                                    
for  all North  Slope oil.  The  next step  was to  subtract                                                                    
transportation  costs,  which   were  pipeline  tariffs  for                                                                    
feeder pipelines to the  Trans-Alaska Pipeline System (TAPS)                                                                    
and  marine shipping  costs  (slide  9). The  transportation                                                                    
costs  averaged out  to  an estimated  $9.61  per barrel  or                                                                    
about $1.5 billion  in FY 24, resulting in a  gross value at                                                                    
point  of production  (GVPP) of  about $10  billion for  the                                                                    
fiscal year.                                                                                                                    
                                                                                                                                
2:22:21 PM                                                                                                                    
                                                                                                                                
Mr.  Stickel turned  to slide  10 and  explained that  lease                                                                    
expenditures were  applied against the GVPP.  There were two                                                                    
categories  of  lease   expenditures.  The  allowable  lease                                                                    
expenditures were  total spending (anything  allowable under                                                                    
the tax  code) including operating expenditures  and capital                                                                    
expenditures  (capital  expenditures   were  allowed  to  be                                                                    
deducted   in   the   year   incurred).   Deductible   lease                                                                    
expenditures represented the portion  of the allowable lease                                                                    
expenditures up to the GVPP  in the year. He elaborated that                                                                    
a  company was  allowed  to use  its  lease expenditures  to                                                                    
offset  any   gross  value  if   it  had   additional  lease                                                                    
expenditures  (if a  company spent  more than  it made  from                                                                    
selling  its oil).  He explained  that  the situation  could                                                                    
occur if  a company  was making  major investments  when oil                                                                    
prices were low; it also  applied to companies that were not                                                                    
yet   producing.  He   expounded   that   if  excess   lease                                                                    
expenditures  became a  carryforward lease  expenditure, the                                                                    
carryforwards were ringfenced and could  be used to offset a                                                                    
future tax liability contingent  on production from the area                                                                    
where  lease  expenditures  were  incurred. In  FY  24,  the                                                                    
department   was   estimating    $4.6   billion   of   lease                                                                    
expenditures  deducted   in  the  tax  calculation   and  an                                                                    
additional $914  million of  lease expenditures  that became                                                                    
carryforwards.  The  carryforwards  were primarily  for  the                                                                    
companies doing exploration and  development (new fields not                                                                    
yet in production).                                                                                                             
                                                                                                                                
2:24:13 PM                                                                                                                    
                                                                                                                                
Mr. Stickel  advanced to production tax  value (PTV) portion                                                                    
of the  equation on slide 11.  The PTV was the  tax base for                                                                    
the net portion of the tax  system. He detailed that PTV was                                                                    
calculated  as  GVPP  minus deductible  lease  expenditures.                                                                    
There was an estimated PTV of $5.4 billion for FY 24.                                                                           
                                                                                                                                
Representative Josephson asked if  the GVPP had relevance to                                                                    
the royalty and tax calculations.                                                                                               
                                                                                                                                
Mr. Stickel responded, "That is roughly correct."                                                                               
                                                                                                                                
Mr. Stickel moved  to slides 12 and 13 and  relayed that the                                                                    
net  tax  and  gross  minimum   tax  floor  portion  of  the                                                                    
production tax calculation  were done side by  side. As long                                                                    
as oil  prices averaged $25  or more for the  calendar year,                                                                    
the gross minimum tax floor was  a 4 percent gross tax rate.                                                                    
He elaborated  that based on  the $10 billon in  gross value                                                                    
and the 4 percent gross tax  rate, the minimum tax floor for                                                                    
FY  24 was  estimated at  about  $400 million.  The net  tax                                                                    
started with the production tax  value and allowed companies                                                                    
to subtract  the gross value  reduction (GVR).  He explained                                                                    
that  the GVR  was a  benefit  that applied  for new  fields                                                                    
allowing a  company to deduct  a portion of the  gross value                                                                    
when calculating its production  tax. The 35 percent nominal                                                                    
tax  rate was  applied  to the  production  tax value  after                                                                    
subtracting the  GVR resulting in  a net tax  calculation of                                                                    
$1.85 billion before accounting for tax credits.                                                                                
                                                                                                                                
2:26:38 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:29:07 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Mr.  Stickel   continued  to  discuss  the   production  tax                                                                    
calculation on  slide 14. He  explained that there  were two                                                                    
tax credits that applied after the  higher of the net tax or                                                                    
minimum tax  had been taken.  The first was a  sliding scale                                                                    
per taxable barrel credit (up to  $8 per barrel) for any oil                                                                    
that did  not qualify for the  GVR. The second was  a $5 per                                                                    
taxable barrel credit for any  oil eligible for the GVR. The                                                                    
$5 per barrel  credit could be used to  reduce tax liability                                                                    
below the  minimum tax for  producers that did not  take any                                                                    
sliding  scale credits.  The  department  was expecting  per                                                                    
taxable barrel  credits would amount  to a little  over $1.1                                                                    
billion in FY 24, resulting in  a total tax after credits of                                                                    
about  $713  million. There  were  several  other items  and                                                                    
adjustments that  resulted in the $741.8  million production                                                                    
tax  paid (as  shown in  the Revenue  Sources Book  official                                                                    
forecast).                                                                                                                      
                                                                                                                                
2:30:33 PM                                                                                                                    
                                                                                                                                
Representative    Galvin    referenced   the    carryforward                                                                    
expenditures. She asked if the  company Santos would have to                                                                    
carry  its costs  forward in  relation to  the Pikka  field,                                                                    
whereas ConocoPhillips  would be able to  immediately deduct                                                                    
its costs for Willow.                                                                                                           
                                                                                                                                
Mr. Stickel  responded that any  company in a  net operating                                                                    
loss  situation would  earn carryforward  lease expenditures                                                                    
that could  be used  to offset a  future tax  liability. Any                                                                    
company  that had  sufficient gross  value  could apply  the                                                                    
lease expenditures  in the year incurred.  He explained that                                                                    
for a  company like ConocoPhillips,  it depended on  the oil                                                                    
price,  the company's  other production,  and  how much  the                                                                    
company was spending in a given year.                                                                                           
                                                                                                                                
Representative  Galvin   provided  a  scenario   where  they                                                                    
[ConocoPhillips]  were  in  the   black  because  they  were                                                                    
already in production in the  particular area. She asked for                                                                    
verification  there  was  a  difference  in  how  they  were                                                                    
treated as opposed to a new company like Santos.                                                                                
                                                                                                                                
Mr. Stickel  stated that the  next set of slides  showed how                                                                    
it would  apply to  a current producer  like ConocoPhillips.                                                                    
He  confirmed that  a new  company would  not have  existing                                                                    
production; therefore,  any lease expenditures  would become                                                                    
a carryforward.                                                                                                                 
                                                                                                                                
2:32:16 PM                                                                                                                    
                                                                                                                                
Mr.  Stickel turned  to slide  16  titled "Example:  Company                                                                    
with 200,000  Barrels Per Day Taxable  Production." He noted                                                                    
the example was similar to  recent levels for a company like                                                                    
ConocoPhillips.  The example  assumed aggregate  North Slope                                                                    
lease  expenditures and  demonstrated  what  a company  like                                                                    
ConocoPhillips   would   pay    without   relying   on   any                                                                    
confidential information. The example  showed a company with                                                                    
$2.1  billion of  lease expenditures,  $4.6  billion GVR,  a                                                                    
production tax value of $2.5  billion, and tax after credits                                                                    
of $287 million in FY 24.                                                                                                       
                                                                                                                                
Mr.  Stickel turned  to  an  example on  slide  17 where  an                                                                    
additional $200  million in capital expenditure  was made (a                                                                    
smaller  development project).  The scenario  would increase                                                                    
the  company's lease  expenditures by  $200 million  to $2.3                                                                    
billion, reduce its production tax  value by $200 million to                                                                    
$2.3 billion, and  the company would still be  able to apply                                                                    
the full value of the  per taxable barrel credits because it                                                                    
would  be  above  the  minimum  tax  before  and  after  the                                                                    
investment. The  extra $200 million investment  would reduce                                                                    
the  company's taxes  by $70  million (the  full 35  percent                                                                    
nominal tax rate).                                                                                                              
                                                                                                                                
2:34:26 PM                                                                                                                    
                                                                                                                                
Mr. Stickel looked at slide  18 showing a scenario where the                                                                    
company   spent    $1   billion   in    additional   capital                                                                    
expenditures.  Under the  scenario,  the  gross minimum  tax                                                                    
floor limited  the company's ability to  apply sliding scale                                                                    
per  taxable barrel  credits  and  eliminated the  company's                                                                    
ability to  use the  $5 per barrel  credit for  GVR eligible                                                                    
oil.  There was  a significant  reduction in  the amount  of                                                                    
credits  the  company was  allowed  to  use because  of  the                                                                    
minimum tax  floor. Under  the scenario,  the company  had a                                                                    
tax  after credits  of $186  million, a  reduction of  about                                                                    
$100  million  or 10  percent  of  the  value of  the  lease                                                                    
expenditure.  He summarized  that  when the  company made  a                                                                    
$200  million  incremental  expenditure, it  received  a  35                                                                    
percent   benefit,   whereas   a  $1   billion   incremental                                                                    
expenditure resulted in a 10 percent benefit.                                                                                   
                                                                                                                                
2:35:29 PM                                                                                                                    
                                                                                                                                
Mr.  Stickel looked  at slide  19 with  a scenario  of a  $2                                                                    
billion  additional   capital  expenditure.  He   noted  the                                                                    
department  was  estimating a  peak  spend  (in one  of  the                                                                    
years) on the Willow project  of just over $2 billion. Under                                                                    
the scenario,  the company's production  tax value  was only                                                                    
$515 million, and the company  would pay underneath the $186                                                                    
million tax floor  even before applying any  tax credits. He                                                                    
expounded that  the company  would not  be allowed  to apply                                                                    
any sliding scale credits because  they could not be used to                                                                    
go  below the  minimum tax.  He explained  that because  the                                                                    
company would  not be  using any  sliding scale  credits, it                                                                    
would be  able to use  the GVR $5  per barrel credits  to go                                                                    
slightly  below   the  minimum   tax;  therefore,   its  tax                                                                    
liability would  be $160 million.  Out of the $2  billion of                                                                    
additional expenditures,  the company  reduced its  taxes by                                                                    
$127 million or about 6 percent.                                                                                                
                                                                                                                                
Representative Stapp asked  if a company could  write off an                                                                    
operating loss against its corporate income tax in Alaska.                                                                      
                                                                                                                                
Mr. Stickel  answered it was  a more  indirect relationship.                                                                    
The net  production tax factored into  a company's worldwide                                                                    
income  for corporate  income tax.  He  elaborated that  the                                                                    
worldwide income got apportioned  to Alaska. He stated there                                                                    
was a small feed through to the state corporate income tax.                                                                     
                                                                                                                                
Representative   Hannan  observed   that   the  bigger   the                                                                    
investment  the less  percentage  of benefit.  She asked  if                                                                    
there  was  another  incentive  to not  invest  as  much  as                                                                    
possible on an annual basis.  She remarked that $200 million                                                                    
versus $2  billion was a  huge difference. She asked  if the                                                                    
primary  decision about  how much  to invest  was about  the                                                                    
percentage of  tax benefit or  by other factors in  terms of                                                                    
how quickly a company wanted  to bring a project online, the                                                                    
number of employees,  or the price of oil  globally over the                                                                    
decade.                                                                                                                         
                                                                                                                                
Mr.  Stickel  answered  there  were  a  variety  of  factors                                                                    
companies  looked at.  The purpose  of the  examples was  to                                                                    
illustrate  how  the  existing  tax  system  worked  and  to                                                                    
highlight that  the impact of  the investments on  the state                                                                    
was very  uncertain depending  on the price  of oil  and how                                                                    
much a given  producer chose to invest. He  explained it was                                                                    
uncertain  for the  state in  terms of  fiscal planning  and                                                                    
uncertain to the producer in  terms of its economic decision                                                                    
making.                                                                                                                         
                                                                                                                                
2:39:24 PM                                                                                                                    
                                                                                                                                
Mr. Stickel turned to a final  example on slide 20 showing a                                                                    
scenario   with  an   additional  $3   billion  in   capital                                                                    
expenditure.  Under the  scenario, the  company brought  its                                                                    
production tax value  to zero and earned  a carryforward for                                                                    
additional  lease expenditures.  There was  $484 million  in                                                                    
left over lease expenditures  after the production tax value                                                                    
was brought to zero. The  $484 million became a carryforward                                                                    
for the producer  that could be used to offset  a future tax                                                                    
liability contingent on production  from the field where the                                                                    
loss was  earned. The carryforward  was ringfenced  by lease                                                                    
of property.  The company  would pay  the same  $160 million                                                                    
tax with  a $3  billion expenditure  as it  did with  the $2                                                                    
billion expenditure  example, giving it a  4 percent benefit                                                                    
of spending  in the year  incurred. When accounting  for the                                                                    
potential use of  the carryforward, the benefit  could be up                                                                    
to 10 percent.                                                                                                                  
                                                                                                                                
Mr. Stickel  turned to slide  21 showing takeaways  from the                                                                    
examples.   He  stated   it  was   important  in   terms  of                                                                    
understanding the Willow analysis. He reviewed the slide:                                                                       
                                                                                                                                
   • If  company   is  above   minimum  tax   floor,  modest                                                                  
     increases in investment benefit at 35% marginal tax                                                                        
     rate.                                                                                                                      
   • Once company reaches minimum tax  floor, the benefit of                                                                  
     increased investment is much lower.                                                                                        
   • Once  company  reaches  a   net  operating  loss,  some                                                                  
     benefit of increased investment returns, in the form                                                                       
     of a carried-forward loss.                                                                                                 
   • Benefit  of  spending  will  also  vary  based  on  oil                                                                  
     prices.                                                                                                                    
   • A  low oil  price scenario  is very  similar to  a high                                                                  
     investment scenario.                                                                                                       
   • The changing  benefits are a  source of  uncertainty to                                                                  
     company making investment decisions, and to state                                                                          
     revenue forecasting.                                                                                                       
   • This  analysis is  relevant  to  discussions of  Willow                                                                  
     because the field would require massive additional                                                                         
     investment.                                                                                                                
                                                                                                                                
2:42:33 PM                                                                                                                    
                                                                                                                                
OWEN  STEPHENS, COMMERCIAL  ANALYST, DEPARTMENT  OF REVENUE,                                                                    
began on  slide 25  titled "Typical Oil  Field Development."                                                                    
He stated that finding and  developing an oil field was very                                                                    
expensive and  time consuming. He  noted it depended  on the                                                                    
size and  complexity of the  field. He relayed that  a field                                                                    
the  size  of  Willow  would take  billions  of  dollars  to                                                                    
develop.                                                                                                                        
                                                                                                                                
Mr. Stephens turned to an  analysis description on slide 26.                                                                    
He stated the  goal was to demonstrate the  fiscal impact of                                                                    
the Willow field  development. He explained it  was a single                                                                    
case analysis using  public data to model  a complex project                                                                    
with  many  uncertainties.  The analysis  used  public  data                                                                    
only,  primarily   from  the  Willow   federal  supplemental                                                                    
environmental  impact statement  that came  out in  February                                                                    
and the  just released  DOR spring  forecast. He  noted that                                                                    
the  use of  confidential data  could materially  change the                                                                    
analysis.                                                                                                                       
                                                                                                                                
2:44:03 PM                                                                                                                    
                                                                                                                                
Mr.  Stephens  advanced  to  slide  27  and  discussed  four                                                                    
component updates from the February 2023 analysis:                                                                              
                                                                                                                                
   1. Spring 2023 forecast for oil prices and transportation                                                                    
     costs                                                                                                                      
                                                                                                                                
        • Previously used Fall 2022 forecast                                                                                  
                                                                                                                                
   2. Producer receives benefit of lease expenditure                                                                            
     deductions only as far as minimum tax floor                                                                                
                                                                                                                                
        • Previously producer received benefit of all lease                                                                   
          expenditure deductions.                                                                                               
                                                                                                                                
   3. Zero impact on State Corporate Income Tax prior to                                                                        
     production                                                                                                                 
                                                                                                                                
        • Previously included negative impact on state                                                                        
          corporate income                                                                                                      
                                                                                                                                
   4. North Slope-wide state benefit from pipeline tariff                                                                       
     now also includes feeder pipelines (Alpine and                                                                             
     Kuparuk)                                                                                                                   
                                                                                                                                
        • Previously only included Trans-Alaska Pipeline                                                                      
          (TAPS)                                                                                                                
                                                                                                                                
Mr. Stephens  reviewed the results  of the changes  in terms                                                                    
of  10-year state  revenue. The  white  paper modeled  about                                                                    
negative  $500  million.  He  relayed  DOR  was  forecasting                                                                    
positive  $900 million  over 10  years. Previously,  DOR had                                                                    
projected  about  $5.4 billion  in  30-year  revenue to  the                                                                    
state, but  the number  had increased  to $6.3  billion. The                                                                    
department  had initially  projected  the  project would  go                                                                    
cashflow  positive  in 2035,  but  the  projection had  been                                                                    
changed  to  2030.  He  turned   to  slide  28  and  briefly                                                                    
addressed   an   oil    production   profile   supplied   by                                                                    
ConocoPhillips. The  profile showed total production  of 613                                                                    
million barrels peaking in FY  30 with production through FY                                                                    
53. He stated it represented  a pretty normal oil production                                                                    
profile.  Slide  29  titled "Lease  Expenditures"  showed  a                                                                    
total  projected capital  expenditure of  $10.3 billion  and                                                                    
operating expenditure of $6.1 billion.                                                                                          
                                                                                                                                
2:46:21 PM                                                                                                                    
                                                                                                                                
Mr.   Stephens   turned   to    slide   31   and   discussed                                                                    
transportation   (netback)   costs.   Transportation   costs                                                                    
included a combination of  several different items including                                                                    
marine  transportation. The  department expected  additional                                                                    
oil  flow through  the pipelines  should reduce  the tariffs                                                                    
for TAPS  and feeder  pipelines. The department  had modeled                                                                    
the impact  on the  North Slope in  terms of  production tax                                                                    
and royalty.  A chart on  slide 31 showed the  total benefit                                                                    
to the state and the transportation cost number for Willow.                                                                     
                                                                                                                                
2:47:33 PM                                                                                                                    
                                                                                                                                
Mr. Stephens  moved to fiscal  assumptions on slide  32. The                                                                    
department assumed  current state and federal  tax laws, GVR                                                                    
at  20  percent, and  state  corporate  income tax  at  4.25                                                                    
percent  (the  rate  DOR  used for  a  typical  North  Slope                                                                    
producer). The department would be  better able to model the                                                                    
interaction  of  lease  expenditures with  the  minimum  tax                                                                    
floor  by  modeling  a  hypothetical  taxpayer.  The  fiscal                                                                    
assumptions included  200,000 barrels per day  after royalty                                                                    
and lease  expenditures of  $24.50 per  barrel as  a typical                                                                    
value for  currently producing North Slope  fields. He noted                                                                    
that the use of  taxpayer confidential data could materially                                                                    
change the analysis.                                                                                                            
                                                                                                                                
2:48:39 PM                                                                                                                    
                                                                                                                                
Mr. Stephens  turned to revenue  categories on slide  33. He                                                                    
reminded  committee members  that royalty  was shared  50/50                                                                    
between the impacted communities  and the federal government                                                                    
and property tax was shared  between the North Slope Borough                                                                    
and the state with just over 10 percent going to the state.                                                                     
                                                                                                                                
Mr.  Stephens moved  to slide  34 showing  forecasted annual                                                                    
revenues by category.  He relayed that revenue  of all types                                                                    
remained  strong  until  the end  of  the  30-year  analysis                                                                    
period,  particularly for  royalty  and  production tax.  He                                                                    
highlighted  that all  revenues started  high and  gradually                                                                    
declined in line with production numbers.                                                                                       
                                                                                                                                
2:49:49 PM                                                                                                                    
                                                                                                                                
Mr. Stephens addressed the first  ten years of state revenue                                                                    
on  slide   35  (before   and  just   after  the   start  of                                                                    
production). He  noted it was  the most important  slide for                                                                    
the state.  The columns on  the chart showed  state revenue.                                                                    
He explained  that the dashed  line indicated  state revenue                                                                    
if the producer were to  remain above the minimum tax floor.                                                                    
He noted  that 2024  was the  only pre-production  year with                                                                    
lease expenditures low enough to  stay above the minimum tax                                                                    
floor.  He   detailed  that  as   the  forecast   oil  price                                                                    
decreased, there was a point  in 2028 where the producer was                                                                    
already  at  the  minimum  tax  floor,  with  no  additional                                                                    
benefit  from  Willow  lease   deductions.  The  total  pre-                                                                    
production impact  on state revenue  was $360  million (less                                                                    
than one-fifth  of the amount  if the minimum tax  floor was                                                                    
not a  concern). He  reported that the  first five  years of                                                                    
the analysis showed negative $360  million going to positive                                                                    
$900  million after  10  years. He  elaborated  that if  the                                                                    
producer was able to take  the benefit of lease expenditures                                                                    
the  number would  be negative  $1.9 billion,  recovering to                                                                    
negative $800  million after 10  years. He noted  the number                                                                    
in the whitepaper had been  negative $2.1 billion after five                                                                    
years. The  state would be  looking at less than  20 percent                                                                    
of  the number  it would  have  otherwise had  if all  lease                                                                    
expenditures could be deducted.                                                                                                 
                                                                                                                                
2:52:00 PM                                                                                                                    
                                                                                                                                
Mr.  Stephens advanced  to annual  and cumulative  cash flow                                                                    
(grouping  revenues by  recipients) on  slide 36.  The state                                                                    
would see  breakeven state revenue  in 2030.  The projection                                                                    
showed  a  30-year  cumulative   revenue  of  $6.3  billion.                                                                    
Additionally,   the   department    expected   billions   of                                                                    
cumulative  revenue  for  all stakeholders  including  local                                                                    
communities on the North Slope,  the federal government, and                                                                    
the  producer.  He discussed  the  NPV  on slide  37,  which                                                                    
measured  the  discounted  value  of  future  cashflows.  He                                                                    
elaborated that NPV represented  the total revenue including                                                                    
the time  value of  money. He explained  that $1  at present                                                                    
was worth more  than $1 next year. The department  used a 10                                                                    
percent discount rate for the  analysis, which meant $1 in a                                                                    
year's time  was worth the same  as 90 cents at  present. He                                                                    
noted the 10 percent was pretty commonly used.                                                                                  
                                                                                                                                
Mr.  Stephens turned  to slide  38 titled  "Uncertainty." He                                                                    
relayed  there was  significant uncertainty  in many  of the                                                                    
assumptions,  elevated  above   typical  levels.  There  was                                                                    
uncertainty  in  project risk  and  timing,  costs, and  oil                                                                    
price.  Additionally,  in   the  pre-production  period  oil                                                                    
production   rates  and   reserves  were   still  relatively                                                                    
uncertain.  He explained  that because  of the  analysis and                                                                    
the way  things tied in  with lease expenditures,  there was                                                                    
additional  product uncertainty  in terms  of state  revenue                                                                    
due to the uncertainty about  producers' other fields on the                                                                    
North Slope.                                                                                                                    
                                                                                                                                
2:53:59 PM                                                                                                                    
                                                                                                                                
Mr. Stephens concluded his presentation.                                                                                        
                                                                                                                                
Representative Stapp  referred to his remark  earlier in the                                                                    
meeting   that   smart   people  win   when   something   is                                                                    
complicated. He  considered a scenario  where ConocoPhillips                                                                    
wanted to  maximize its shareholder revenue.  He asked about                                                                    
the worst case  scenario for state revenues. He  asked how a                                                                    
company could maximize  its tax liability and  pay as little                                                                    
to the state as possible.                                                                                                       
                                                                                                                                
Mr. Stickel  answered the worst  case scenario  for everyone                                                                    
involved  was making  significant investment  in the  Willow                                                                    
project and  the project not  coming to fruition.  He stated                                                                    
that everyone hoped that did not occur.                                                                                         
                                                                                                                                
Mr. Stickel  highlighted there  was significant  risk around                                                                    
the project.                                                                                                                    
                                                                                                                                
2:55:49 PM                                                                                                                    
                                                                                                                                
Representative  Galvin  looked  at slide  35  showing  state                                                                    
revenue in  the first  ten years. She  surmised that  if oil                                                                    
prices turned out to be as  high as the forecast (in fall of                                                                    
2022 for example)  there was the potential for  a pretty big                                                                    
hit  of $1.9  billion to  state revenue  during development.                                                                    
However, if oil  prices turned out to be  lower as projected                                                                    
in  the 2023  spring revenue  forecast, the  fiscal hit  was                                                                    
smaller.  She  asked  if  she  interpreted  the  information                                                                    
correctly.                                                                                                                      
                                                                                                                                
Mr.  Stephens  answered  that  in   general  terms  she  was                                                                    
correct.  He  explained  that  when  moving  away  from  the                                                                    
minimum  tax the  movement was  more gradual.  He stated  it                                                                    
would take  high oil prices,  especially in 2028 to  reach a                                                                    
situation  where  all  of   the  lease  expenditures  reduce                                                                    
[indecipherable].  He turned  to slide  43 that  he had  not                                                                    
previously  addressed related  to  oil price  sensitivities.                                                                    
The numbers started  to increase as the  oil price increased                                                                    
but were not coming down as  far as the dashed line shown on                                                                    
a previous graph.                                                                                                               
                                                                                                                                
2:57:21 PM                                                                                                                    
                                                                                                                                
Representative Hannan asked about  the number of changes Mr.                                                                    
Stephens  had mentioned  from the  February whitepaper.  She                                                                    
understood  the changes  were included  in  the slides.  She                                                                    
asked if the changes were summarized anywhere.                                                                                  
                                                                                                                                
Mr. Stephens  answered that  DOR was  working to  update the                                                                    
whitepaper in  the near term  and the full numbers  would be                                                                    
released. He would follow up with the information.                                                                              
                                                                                                                                
Co-Chair Johnson  asked the department  to provide  any wrap                                                                    
up.                                                                                                                             
                                                                                                                                
Mr.  Stickel thanked  the committee  for the  opportunity to                                                                    
present.  He relayed  the department  was available  for any                                                                    
potential follow-up questions.                                                                                                  
                                                                                                                                
Co-Chair Johnson  thanked the presenters  and would  take an                                                                    
"at  ease"   before  beginning  public  testimony   [on  the                                                                    
operating budget].                                                                                                              
                                                                                                                                
2:59:07 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:07:23 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 39                                                                                                             
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     loan  program  expenses  of state  government  and  for                                                                    
     certain   programs;    capitalizing   funds;   amending                                                                    
     appropriations;    making   reappropriations;    making                                                                    
     supplemental   appropriations;  making   appropriations                                                                    
     under art.  IX, sec.  17(c), Constitution of  the State                                                                    
     of  Alaska,  from  the  constitutional  budget  reserve                                                                    
     fund; and providing for an effective date."                                                                                
                                                                                                                                
HOUSE BILL NO. 41                                                                                                             
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     capital    expenses   of    the   state's    integrated                                                                    
     comprehensive mental health  program; and providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
3:07:35 PM                                                                                                                    
                                                                                                                                
Co-Chair Johnson reviewed the public testimony protocol.                                                                        
                                                                                                                                
^PUBLIC TESTIMONY: OFF NETS                                                                                                   
                                                                                                                                
3:08:22 PM                                                                                                                    
                                                                                                                                
ANNA   GRACE  JEFFRIES,   PRIMARY  PREVENTION   COORDINATOR,                                                                    
ADVOCATES   FOR    VICTIMS   OF   VIOLENCE,    VALDEZ   (via                                                                    
teleconference),   thanked  the   committee  for   including                                                                    
increased  funding for  prevention  work.  She stated  there                                                                    
were strategies  to prevent  violence. The  organization had                                                                    
introduced evidence-based  curriculum such  as the  Girls on                                                                    
the Run  program and hoped  to have  the Let Me  Run program                                                                    
for boys in the coming  summer. She shared that the previous                                                                    
month,  the  organization  invited  the  Alaska  Network  on                                                                    
Domestic  Violence  and  Sexual   Assault  to  assist  in  a                                                                    
presentation at  the Valdez  High School  on Bree's  Law and                                                                    
Erin's Law. She discussed  the benefits of the presentation.                                                                    
The  organization helped  provide  direction and  strategies                                                                    
for the community to come  together and to prevent crime and                                                                    
change community norms so that  violence against women, men,                                                                    
and children would no longer be tolerated.                                                                                      
                                                                                                                                
3:10:26 PM                                                                                                                    
                                                                                                                                
MOIRA  GALLAGHER,  SELF,   ANCHORAGE  (via  teleconference),                                                                    
called in  support of  adding $15  million to  the childcare                                                                    
grant  program to  increase wages  for childcare  providers.                                                                    
She is a  mother of two young children. Her  younger son had                                                                    
been on  10 daycare waiting  lists for longer than  his life                                                                    
due to a  lack of daycare in Anchorage.  She elaborated that                                                                    
her  son could  not get  into  a daycare  due to  a lack  of                                                                    
facilities and  caregivers at  open facilities.  She relayed                                                                    
that many  daycares had closed due  to a lack of  staff. She                                                                    
emphasized that caregivers needed  to keep up with inflation                                                                    
and  be  competitive  because  it   was  necessary  to  keep                                                                    
talented  workers in  the childcare  field. She  shared that                                                                    
she and her husband were now  spending more than $5,000 on a                                                                    
nanny. She  shared it  was almost  her husband's  entire net                                                                    
monthly  income  after  taxes.   She  underscored  that  the                                                                    
workforce shortage  was real, and people  were leaving their                                                                    
jobs because they could not  find childcare. She shared that                                                                    
her family  was privileged to  have the ability to  afford a                                                                    
nanny, but just  barely. She urged the committee  to add the                                                                    
funds.  She  spoke  about the  benefits  of  the  additional                                                                    
funding.                                                                                                                        
                                                                                                                                
3:12:50 PM                                                                                                                    
                                                                                                                                
TIFFANY   MILLS,  EXECUTIVE   DIRECTOR,  HELPING   OURSELVES                                                                    
PREVENT   EMERGENCIES   (HOPE),   PRINCE   OF   WALES   (via                                                                    
teleconference), spoke  in support  of funding  for domestic                                                                    
violence  prevention and  services.  She shared  information                                                                    
about the advocacy  work HOPE provided to  victims of sexual                                                                    
assault  and domestic  violence. She  was supportive  of the                                                                    
Council  on Domestic  Violence  and  Sexual Assault  (CDVSA)                                                                    
victim  services budget.  She  thanked Representative  Ortiz                                                                    
for his  support of  victims' services  on Prince  of Wales.                                                                    
She relayed that the organization  had not closed during the                                                                    
COVID-19  pandemic and  the numbers  of individuals  seeking                                                                    
help increased  each year.  She detailed  that in  2022, the                                                                    
organization provided services for  around 130 adults, which                                                                    
was double  the number  assisted in 2018.  Additionally, the                                                                    
organization  had  fewer staff  in  2022.  She relayed  that                                                                    
without the  one-time increment funding  of $6.5  million in                                                                    
the CDVSA  budget, there would  be a shortage from  the 2022                                                                    
funding. The  organization was appreciative that  the budget                                                                    
allowed  victim  services  providers to  receive  consistent                                                                    
funding  as in  previous  years; however,  the costs  facing                                                                    
rural Alaska  were higher and  were continuing  to increase.                                                                    
She cited  examples of  the cost of  goods in  rural Alaska.                                                                    
The  agency was  also facing  staffing shortages  because it                                                                    
had  just  begun  offering  health  insurance  to  full-time                                                                    
employees to compete with other  employers on the island and                                                                    
it was  being very conservative about  its hiring practices.                                                                    
She  shared  that when  the  organization  got insurance  in                                                                    
2022, it  cost $4,000  per month. She  stated that  HOPE did                                                                    
not want to be priced out of  the market and have to cut the                                                                    
benefit for employees; however,  premiums had increased $400                                                                    
per  month in  the  current year.  She  hoped the  committee                                                                    
could  find  more  available  funding  to  support  victims'                                                                    
services.                                                                                                                       
                                                                                                                                
3:15:07 PM                                                                                                                    
                                                                                                                                
JENA  CRAFTON,  SELF,   EAGLE  RIVER  (via  teleconference),                                                                    
shared that  she had  been out  of work  for six  years. She                                                                    
spoke in support of reducing  the waitlist for people to get                                                                    
services for improved  quality of life. Her  dad was helping                                                                    
her to try to get a job  by driving her. She shared that she                                                                    
was learning how to drive.                                                                                                      
                                                                                                                                
3:17:32 PM                                                                                                                    
                                                                                                                                
CARRI   CRATER,   SELF,  ANCHORAGE   (via   teleconference),                                                                    
supported  the  addition of  $15  million  to the  childcare                                                                    
budget. She shared that her  childcare expenses increased 40                                                                    
percent since  COVID. She shared  that her family  had spent                                                                    
over  $40,000 on  childcare the  past year.  She highlighted                                                                    
the  difficulty of  finding quality  childcare. She  thought                                                                    
the  situation was  a real  problem for  the workforce.  She                                                                    
noted  that  childcare  providers were  shutting  down.  She                                                                    
spoke to the importance  of increasing funding for childcare                                                                    
providers    to   enable    increased   staff    wages   and                                                                    
accessibility.                                                                                                                  
                                                                                                                                
3:19:19 PM                                                                                                                    
                                                                                                                                
MARIA LEGEND,  SELF, ANCHORAGE (via  teleconference), shared                                                                    
that her son  was diagnosed with schizophrenia  in 2015. She                                                                    
elaborated that her  son had been in and  out of psychiatric                                                                    
hospitals and jail. She provided  details. She believed that                                                                    
if  she  and   her  son  had  enough   help,  guidance,  and                                                                    
educational resources  they would  not have been  faced with                                                                    
many unnecessary issues. Her son  wanted to get his GED, but                                                                    
he  was  still in  need  of  continuous care,  IDD,  housing                                                                    
healthcare directives,  and guardianship papers.  She shared                                                                    
that  she was  a  recovering alcoholic  and  had dealt  with                                                                    
grief and  depression in the  past. She advocated  on behalf                                                                    
of Alaska  Native people who were  struggling with resources                                                                    
and  education  to  overcome  the   burdens  of  mental  and                                                                    
behavioral health  issues. She  asked for  increased funding                                                                    
for the  Division of Behavioral Health  crisis now continuum                                                                    
of  care  grants,  peer  support,  homelessness  assistance,                                                                    
behavioral  health treatment  recovery grants,  IDD waitlist                                                                    
reduction, and disability services grants.                                                                                      
                                                                                                                                
3:22:28 PM                                                                                                                    
                                                                                                                                
TOM CRAFTON, SELF, EAGLE  RIVER (via teleconference), shared                                                                    
that he was representing his  daughter Jenna Crafton and 700                                                                    
others who  were currently  on the  developmental disability                                                                    
waitlist for receiving  a Medicaid waiver to  enable them to                                                                    
have meaningful lives. He had  been helping his daughter for                                                                    
25 years  and seeing  she had a  meaningful life.  He stated                                                                    
that he would  not be here forever, and he  did not know how                                                                    
she would  survive later in  life without support. He  was a                                                                    
highly trained  behavioral clinician, but he  could not work                                                                    
in his  field and  help others  while his  daughter suffered                                                                    
without  the  services  she  was  entitled  to  receive.  He                                                                    
highlighted the  workforce shortage. He stated  his daughter                                                                    
was  quite  able to  work  (she  had  called in  to  testify                                                                    
previously) and wanted to provide  for herself. He asked how                                                                    
many  other people  were  home taking  care  of their  loved                                                                    
ones. His  mom was  now living  in his  home. He  noted that                                                                    
more people were taken out  of the workforce with the senior                                                                    
population as well.  He stated it was time  to eradicate the                                                                    
waitlist. His  daughter wanted transportation to  and from a                                                                    
good job.  He appreciated all  of the hard  work legislators                                                                    
were doing.                                                                                                                     
                                                                                                                                
3:24:46 PM                                                                                                                    
                                                                                                                                
AMANDA   FAULKNER,  ALASKA   ASSOCIATION  ON   DEVELOPMENTAL                                                                    
DISABILITIES, KENAI  (via teleconference), advocated  for an                                                                    
additional  Medicaid   increment  of  $15  million   UGF  to                                                                    
stabilize home and community-based  services while the state                                                                    
worked to address flaws in  the rebasing system. The funding                                                                    
would be  matched by  an additional  $15 million  in federal                                                                    
funding  (a  10 percent  increase  in  Medicaid rates).  The                                                                    
increment  would provide  bridge funding  to prevent  system                                                                    
collapse during the process of  addressing flaws in the rate                                                                    
methodology system.  She clarified the request  was separate                                                                    
from  the  $647,000  increment  as  requested  to  fund  the                                                                    
infrastructure  needed   to  start  implementation   of  the                                                                    
waitlist elimination  plan. She  elaborated that  rates were                                                                    
implemented in  2011 and should  have been  reestablished at                                                                    
least every  four years using provider  data collection. She                                                                    
reported that rates  had not been reestablished  in 2014 and                                                                    
2018 despite  regulatory requirements.  She stated  that the                                                                    
significant lack  in responding  to increased cost  had been                                                                    
exacerbated  by  the  pandemic   and  reduced  services  and                                                                    
workforce  shortage. She  detailed that  some providers  had                                                                    
gone out of business  and other organizations had calculated                                                                    
a path to closure within  one to three years. She elaborated                                                                    
that system  capacity did not  currently exist  with smaller                                                                    
providers; therefore, the delivery  of care would default to                                                                    
larger institutional settings  at a much higher  cost to the                                                                    
state, including out of state  placements. She remarked that                                                                    
the state's plan would fail  if the provider system was weak                                                                    
to the  point of  not being  able to  support people  with a                                                                    
wide variety of disabilities.                                                                                                   
                                                                                                                                
3:27:25 PM                                                                                                                    
                                                                                                                                
JON  ERICKSON, CITY  MANAGER, YAKUTAT  (via teleconference),                                                                    
thanked  the   legislature  for  the   community  assistance                                                                    
recapitalization  and  an  increase   in  the  Base  Student                                                                    
Allocation (BSA).  He stated  the community  did not  have a                                                                    
ferry for  the summer because  of the Kennicott  [the Alaska                                                                    
Marine  Highway  System (AMHS)  announced  it  did not  have                                                                    
sufficient crew to run the  Kennicott ferry in the summer of                                                                    
2023].  Additionally,  the  community was  always  short  on                                                                    
childcare. He reiterated his thanks to the committee.                                                                           
                                                                                                                                
3:28:41 PM                                                                                                                    
                                                                                                                                
KATHLEEN  FITZGERALD, SELF,  SOLDOTNA (via  teleconference),                                                                    
shared   that  her   40-year-old   daughter  was   autistic,                                                                    
nonverbal,  and  required  full personal  care  support  and                                                                    
close  supervision. Her  daughter  had a  loving and  caring                                                                    
heart and a beautiful smile.  She shared things her daughter                                                                    
loved to do including hiking,  being in the woods, going for                                                                    
drives with  her dad, and going  to Home Depot. She  and her                                                                    
husband  were  in their  70s  and  had  had worked  hard  to                                                                    
prepare   for  when   they  pass;   however,  many   of  the                                                                    
developmental  disability  agencies were  facing  challenges                                                                    
attracting  staff  to  care for  disabled  individuals.  She                                                                    
urged the committee to include  an additional $15 million to                                                                    
stabilize agencies. She highlighted  the anxiety she and her                                                                    
husband  had over  their daughter's  future. She  referenced                                                                    
hard work related to the  Harborview Developmental Center in                                                                    
order  to  provide  community support  for  children,  which                                                                    
allowed  for  family and  community  input  at a  much  more                                                                    
reasonable cost. She thanked the committee.                                                                                     
                                                                                                                                
3:31:05 PM                                                                                                                    
                                                                                                                                
JOHN  SOLOMON, CEO,  ALASKA  BEHAVIORAL HEALTH  ASSOCIATION,                                                                    
KOTZEBUE   (via  teleconference),   supported  funding   the                                                                    
recommendations  made  by  the Alaska  Mental  Health  Trust                                                                    
Authority  (AMHTA).  He  provided  details  about  the  work                                                                    
performed by  the Alaska  Behavioral Health  Association. He                                                                    
shared  that  he had  started  as  a therapist  flying  into                                                                    
remote  villages  and  saw  how difficult  it  could  be  to                                                                    
deliver care, but  he had also seen how much  care changed a                                                                    
community  and  saved money  by  treating  people when  they                                                                    
needed  it  before  it  was   too  late.  He  stressed  that                                                                    
something needed  to be  done. He  supported taking  care of                                                                    
the most vulnerable Alaskans by  funding a behavioral health                                                                    
system.  He  spoke  in support  of  funding  the  behavioral                                                                    
health system,  which would avoid throwing  good money after                                                                    
bad. He stressed  when cuts were made, the  state paid more.                                                                    
Additionally,  when flat  funding  was  provided, the  state                                                                    
paid more. He thanked the committee.                                                                                            
                                                                                                                                
Representative  Josephson  remarked  that  the  organization                                                                    
represented  groups that  did  not  necessarily qualify  for                                                                    
1115 waivers. He noted there  had been some backfilling with                                                                    
COVID funding of behavioral health  grants. He asked how Mr.                                                                    
Solomon  viewed the  governor's  budget in  terms of  grants                                                                    
outside the 1115 waiver and continuing need.                                                                                    
                                                                                                                                
Mr. Solomon replied that grants  allowed for the building of                                                                    
capacity to  stand up  services. He  stated that  when there                                                                    
was  no ability  to start  services, the  state kept  losing                                                                    
providers  and care.  There was  an  opportunity to  provide                                                                    
startup funds  to get providers  going. He noted  that COVID                                                                    
funding had provided some of  the opportunity, but the funds                                                                    
had not been sufficient to stand up the 1115 services.                                                                          
                                                                                                                                
3:35:14 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:36:06 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
TOM  MORPHET, SELF,  HAINES (via  teleconference), testified                                                                    
in   support  of   increased  funding   for  Alaskans   with                                                                    
disabilities  and  families  struggling with  childcare.  He                                                                    
shared that  he ran for  legislative office in 2018  and all                                                                    
young families  wanted to talk  about was childcare.  He was                                                                    
also  concerned about  people dying  in  state prisons,  the                                                                    
lack  of  funding  for  the  Alaska  Marine  Highway  System                                                                    
(AMHS),  and  inadequate  funding  for  public  schools.  He                                                                    
wanted  to be  taxed. He  stressed  that the  state had  $80                                                                    
billion in  the bank  and "we are  acting like  paupers." He                                                                    
found it  very frustrating. He asked  for the implementation                                                                    
of  an income  tax.  He  underscored the  need  to act  like                                                                    
Alaskans and have courage to do what was right.                                                                                 
                                                                                                                                
3:38:27 PM                                                                                                                    
                                                                                                                                
DAWN  WALDAL-ANDERSON, MAYOR,  WHALE PASS,  PRINCE OF  WALES                                                                    
(via   teleconference),   testified   in  support   of   the                                                                    
recapitalization   of  the   community  assistance   program                                                                    
funding.  She shared  that Whale  Pass  was Alaska's  newest                                                                    
city and it  had incorporated just over five  years ago. The                                                                    
funding  from the  community assistance  fund accounted  for                                                                    
almost   75  percent   of   the   community's  budget.   The                                                                    
community's city clerk was its  only employee. The community                                                                    
was working hard to build  up its infrastructure to become a                                                                    
self-supporting and  independent city. She reported  that if                                                                    
community  assistance  funding  was  not  recapitalized,  it                                                                    
would put  the community in a  very uncomfortable situation.                                                                    
She thanked the committee.                                                                                                      
                                                                                                                                
3:39:58 PM                                                                                                                    
                                                                                                                                
JOHN    SONIN,    CIVILIZED     HUMANITY,    DOUGLAS    (via                                                                    
teleconference),   thought  it   sounded   like  the   other                                                                    
departments could  use the pay  increase that had  just been                                                                    
given to the legislature and  executive branch. He could not                                                                    
believe  what  the  basics  cost.   He  stated  the  funding                                                                    
designated  for  a  pay  raise   would  be  better  used  on                                                                    
education. He  asked if  the state could  not spend  $600 to                                                                    
$1000 more on students but  it could spend a substantial sum                                                                    
on the executive branch. He  thought that there needed to be                                                                    
some  sense  in  the  budgeting   process.  He  thanked  the                                                                    
committee.                                                                                                                      
                                                                                                                                
3:42:13 PM                                                                                                                    
                                                                                                                                
EMILY CARROLL, SELF,  ANCHORAGE (via teleconference), shared                                                                    
that she is  a pastor. She loved her work  but thought about                                                                    
quitting because  of the  difficulty finding  childcare. She                                                                    
elaborated  that  the provider  she  had  found was  closing                                                                    
because  other opportunities  provided more  money. She  had                                                                    
called  every place  in town  and could  not find  childcare                                                                    
because so many  childcare workers did not  get paid enough.                                                                    
The state  was lacking  workers and many  moms or  dads were                                                                    
having to stay  home with their kids because  they could not                                                                    
find affordable  childcare. She encouraged the  committee to                                                                    
add $15 million for childcare grant wages.                                                                                      
                                                                                                                                
3:44:03 PM                                                                                                                    
                                                                                                                                
SUE LIBENSON,  SELF, HAINES (via  teleconference), supported                                                                    
funding  for  AMHS.  She stressed  that  the  situation  was                                                                    
critical. She  shared that teachers were  leaving and people                                                                    
were quitting because people could  not come and go from the                                                                    
community.  She   received  calls  from   people  expressing                                                                    
incredulity  that they  were unable  to make  a reservation.                                                                    
She  highlighted  the once-in-a-generation  federal  funding                                                                    
that required  a state  match. She  remarked that  the state                                                                    
needed  to step  up and  provide a  full match  in order  to                                                                    
qualify for over  $100 million in federal  funds. She stated                                                                    
the  situation  impacted  the military  deployed  up  north,                                                                    
school  teams, a  lack of  medical services.  She emphasized                                                                    
that Haines was  losing valued members of  the community due                                                                    
to lack of ferry service.                                                                                                       
                                                                                                                                
3:46:27 PM                                                                                                                    
                                                                                                                                
ERIC  GURLEY,   EXECUTIVE  DIRECTOR,  ACCESS   ALASKA  INC.,                                                                    
ANCHORAGE  (via   teleconference),  supported   funding  for                                                                    
independent  living centers.  He shared  that Access  Alaska                                                                    
was one of  the state's four centers  for independent living                                                                    
in  Fairbanks,   Anchorage,  Fairbanks,   Mat-Su,  Southwest                                                                    
Alaska,  and  other  locations. The  organization's  efforts                                                                    
assisted   individuals  and   families   to  improve   their                                                                    
independence  and  enabled  Alaskans  with  disabilities  to                                                                    
remain in  their own  homes and  communities. He  noted that                                                                    
one  of  the  largest programs  provided  consumer  directed                                                                    
personal   care  services   to   qualifying  Alaskans.   The                                                                    
workforce  shortage  created   significant  challenges  with                                                                    
filling  the  need.  He  elaborated  that  Alaska's  service                                                                    
providers continued  to struggle with filling  vacancies. He                                                                    
thanked  the  committee  for  its  support  for  senior  and                                                                    
disability  services community  based  grants. He  requested                                                                    
the  addition   of  an  increment  to   support  participant                                                                    
directed  care.  The  model  placed  employment  and  budget                                                                    
authority  in  the  hands  of those  who  need  and  receive                                                                    
services. He  stated that  the ability to  hire a  friend or                                                                    
family member  to provide needed  support was the  next step                                                                    
of meeting the needs of  Alaskans. He asked the committee to                                                                    
support an  increment to  initiate a  program for  Alaska to                                                                    
begin the effort. He thanked the committee.                                                                                     
                                                                                                                                
Representative Cronk thanked Mr. Gurley for calling in.                                                                         
                                                                                                                                
Co-Chair   Johnson   relayed   there  were   no   additional                                                                    
testifiers  currently in  the room  or online.  She recessed                                                                    
the meeting until 4:10 p.m.                                                                                                     
                                                                                                                                
3:48:57 PM                                                                                                                    
RECESSED                                                                                                                        
                                                                                                                                
4:14:09 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Johnson  noted there were no  additional testifiers                                                                    
online. She recessed the meeting until 4:30 p.m.                                                                                
                                                                                                                                
4:14:09 PM                                                                                                                    
RECESSED                                                                                                                        
                                                                                                                                
4:30:53 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
RICK   NELSON,   SELF,   ANCHORAGE   (via   teleconference),                                                                    
testified   in   support   of  funding   for   people   with                                                                    
disabilities  and their  services. He  referenced a  lack in                                                                    
workforce  due   to  the  rate  caretakers   were  paid.  He                                                                    
testified in  support of increased wages  for caretakers. He                                                                    
shared that  the rate for home  and community-based services                                                                    
had not increased in the past  12 years. The 10 percent rate                                                                    
increase in the  past year had not helped  anyone. He stated                                                                    
an  increase  of   at  least  13  percent   was  needed  for                                                                    
individuals to  earn a living  wage. He stated  that without                                                                    
the  increase,   the  agencies  would  die.   He  urged  the                                                                    
committee to pass the budget with the increment.                                                                                
                                                                                                                                
Representative Galvin thanked Mr.  Nelson for calling in and                                                                    
for his leadership. She was grateful for his work.                                                                              
                                                                                                                                
Co-Chair Johnson noted there were no additional testifiers.                                                                     
                                                                                                                                
HB  39  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
HB  41  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Johnson reviewed the schedule for the following                                                                        
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
4:35:54 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:35 p.m.