Legislature(2001 - 2002)

01/22/2002 08:53 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                     January 22, 2002                                                                                           
                          8:53 AM                                                                                               
                                                                                                                                
TAPE HFC 02  7, Side A                                                                                                          
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Mulder  called the House Finance  Committee meeting                                                                    
to order at 8:53 AM.                                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Eldon Mulder, Co-Chair                                                                                           
Representative Bill Williams, Co-Chair                                                                                          
Representative Eric Croft                                                                                                       
Representative John Davies                                                                                                      
Representative Richard Foster                                                                                                   
Representative John Harris                                                                                                      
Representative Bill Hudson                                                                                                      
Representative Ken Lancaster                                                                                                    
Representative Carl Moses                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Con Bunde, Vice-Chair                                                                                            
Representative Jim Whitaker                                                                                                     
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Kim Duke, Executive Director, Arctic Power;                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Representative  Gary Stevens;  Jim  Sykes, Oilwatch  Alaska,                                                                    
Mat-Su;  Pamela A.  Miller, Anchorage;  Deb Moore,  Northern                                                                    
Environmental  Center, Fairbanks;  Mary Shields,  Fairbanks;                                                                    
Todd  Burnside, Fairbanks;  Patricia Walsh,  Fairbanks; Gary                                                                    
Newman,  Fairbanks; Gary  Newman, Fairbanks;  Arthur Hussey,                                                                    
Fairbanks,   Stacey  Fritz,   Fairbanks;  Carolyn   Kreners,                                                                    
Fairbanks; Debbie Miller, Fairbanks.                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 334    "An  Act  making  appropriations for  a  grant  to                                                                    
          Arctic Power to promote the opening of the Arctic                                                                     
          National Wildlife Refuge for oil and gas                                                                              
          exploration and development; and providing for an                                                                     
          effective date."                                                                                                      
                                                                                                                                
          HB 334 was REPORTED out of Committee with a "do                                                                       
          pass" recommendation.                                                                                                 
HOUSE BILL NO. 334                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  a grant  to Arctic                                                                    
     Power  to promote  the opening  of the  Arctic National                                                                    
     Wildlife  Refuge  for  oil   and  gas  exploration  and                                                                    
    development; and providing for an effective date."                                                                          
                                                                                                                                
KIM DUKE,  EXECUTIVE DIRECTOR, ARCTIC  POWER noted  that the                                                                    
urgency of  additional funding for Arctic  Power stands from                                                                    
the  extension of  the campaign  into 2002.  The $2  million                                                                    
dollar  grant for  2001 was  purposely expended  through the                                                                    
year. There  was an  expectation of  success, which  was not                                                                    
realized. The  campaign needs to  be extended into  the next                                                                    
three  months.  She  acknowledged  that  the  energy  policy                                                                    
regarding  the Arctic  National  Wildlife  Refuge (ANWR)  is                                                                    
controversial. Arctic  Power plans  to do an  intense three-                                                                    
month campaign. They have swung  another member of Congress:                                                                    
Georgia Democrat,  Zell Miller.  There are  indications that                                                                    
the President will  be addressing the issue in  the State of                                                                    
the  Union address  on  January 29.  There  have been  other                                                                    
positive  signs.  The  Chicago  Tribune  has  changed  their                                                                    
editorial stance in support of opening ANWR.                                                                                    
                                                                                                                                
Representative John Davies asked  for more information about                                                                    
the  appropriation for  union outreach.  Ms. Duke  explained                                                                    
that union  outreach was one  of the original  categories in                                                                    
the grant.  The item supported  tours of union  officials to                                                                    
the  North  Slope.  There  was also  a  contribution  to  an                                                                    
advertising  campaign  coordinated  by  the  unions.  The  5                                                                    
percent administration fee goes to Arctic Power.                                                                                
                                                                                                                                
Co-Chair Mulder  noted that private sector  fund raising has                                                                    
been extensive  and successful. Ms. Duke  observed that they                                                                    
raised over  $175 thousand dollars  from the  private sector                                                                    
in  the Anchorage  area.  She added  that  further funds  of                                                                    
approximately  $600  thousand  dollars  were  received  from                                                                    
unions and industry for advertising.                                                                                            
                                                                                                                                
Representative  John   Davies  felt  that   industry  should                                                                    
provide  greater support,  but  observed that  he would  not                                                                    
offer an amendment to require a match by industry.                                                                              
                                                                                                                                
Representative  Hudson noted  that  there is  a 2006  sunset                                                                    
date.  Ms. Duke  clarified that  the  intent is  to use  the                                                                    
funds in the next three-months.  She did not anticipate that                                                                    
funds would remain after that time.                                                                                             
                                                                                                                                
Co-Chair  Mulder pointed  out that  it is  standard language                                                                    
with any capital appropriation.                                                                                                 
                                                                                                                                
Co-Chair Mulder  provided members with a  proposed committee                                                                    
substitute   #22-LS1281\F,    1/18/02   (copy    on   file).                                                                    
Representative  John  Davies  MOVED to  ADOPT  the  proposed                                                                    
committee   substitute,   #22-LS1281\F.   There   being   NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
JIM   SYKES,   OILWATCH   ALASKA,   MAT-SU   testified   via                                                                    
teleconference in  opposition to  HB 334.  He felt  that the                                                                    
legislation  was  not  needed.  He spoke  to  the  financial                                                                    
ramifications  of Arctic  Refuge oil.  If the  Arctic Refuge                                                                    
were opened  for drilling, almost  two barrels of  oil would                                                                    
have to  be produced  to earn the  same amount  of royalties                                                                    
the  state now  receives from  one produced  barrel. Senator                                                                    
Murkowski  told   the  Palmer  Chamber  of   Commerce,  last                                                                    
Wednesday, that  the maximum royalty the  state could expect                                                                    
from  Arctic Refuge  oil is  50%, which  translates to  more                                                                    
than  a 44%  loss of  revenue per  barrel compared  with oil                                                                    
produced on state lands.                                                                                                        
                                                                                                                                
The oil industry, along with  federal and state governments,                                                                    
project another 30 years of  oil development from lands West                                                                    
of the Arctic  Refuge. Add in West Sak heavy  oil, which the                                                                    
U.S. Energy  Information Administration estimates  has three                                                                    
to six  billion barrels of potentially  recoverable oil, and                                                                    
the estimate rises  to 40 years. Additionally,  93% of North                                                                    
Slope's  estimated  natural  gas reserves  lie  outside  the                                                                    
Arctic Refuge.                                                                                                                  
                                                                                                                                
Mr.  Sykes observed  that opening  the  Arctic Refuge  would                                                                    
take   away  the   state's   leverage   to  prioritize   oil                                                                    
development  on state  lands, including  West Sak  heavy oil                                                                    
and natural gas.                                                                                                                
                                                                                                                                
Mr. Sykes spoke to who  could best support the effort: state                                                                    
of Alaska  or industry.  He pointed  out that  the published                                                                    
2000 Annual reports from Exxon-Mobil,  BP and Phillips taken                                                                    
together show a  total net profit of  $33.7 billion dollars.                                                                    
When  they become  available, 2001  reports  may have  lower                                                                    
figures, but  Exxon-Mobil and BP  are among the  largest and                                                                    
most  profitable   Companies  in   the  world.   The  Alaska                                                                    
Department of Revenue projects a  total FY03 state income of                                                                    
$6.36 billion  dollars from all sources.  Spending proposals                                                                    
for  FY03  total $7.3  billion  dollars.  The difference  is                                                                    
roughly a billion dollar shortfall.                                                                                             
                                                                                                                                
Mr. Sykes concluded that the  legislation is unwarranted and                                                                    
pointed  out  that  industry has  billions  of  dollars  for                                                                    
investment. He  observed that the state  is proposing salary                                                                    
freezes  and  reductions and  emphasized  the  need to  fund                                                                    
public safety, health, and education.                                                                                           
                                                                                                                                
Mr.  Sykes  recommended  revenue-raising measures,  such  as                                                                    
enactment of a windfall  profit sharing tax. Presently, when                                                                    
oil prices  rise, the state  share decreases.  He maintained                                                                    
that if the state and  oil industry are truly partners, then                                                                    
rising profits  should be split  equally. If prices  rose as                                                                    
they did  from 1999  to 2000,  it might  mean an  extra $1.5                                                                    
billion dollars  to the  state of  Alaska, depending  on how                                                                    
the  tax details  are structured.  He  added that  corporate                                                                    
taxes   could  be   equalized  in   a  manner   proposed  by                                                                    
Representative Croft. Corporate rates  would be lowered, but                                                                    
the  special  tax  reduction  for  oil  companies  would  be                                                                    
removed.                                                                                                                        
                                                                                                                                
Mr. Sykes  summarized that  there is plenty  of oil  and gas                                                                    
available for at  least two more generations  outside of the                                                                    
Arctic  Refugee  and that  there  is  no  need to  fund  the                                                                    
appropriation to Arctic Power.                                                                                                  
                                                                                                                                
DEB MOORE,  NORTHERN ALASKA ENVIRONMENTAL  CENTER, FAIRBANKS                                                                    
testified via  teleconference in  opposition to HB  334. She                                                                    
pointed out  that the  state is  facing a  budget shortfall.                                                                    
She felt that it was  inappropriate to spend money when half                                                                    
of  the state  did  not  support the  opening  of ANWR.  She                                                                    
maintained that  Arctic Power is lobbying  and stressed that                                                                    
the  appropriation  raises  the question  under  the  Public                                                                    
Purpose Clause of the Alaska  Constitution, that state money                                                                    
can only  be used for a  public purpose. A legal  opinion in                                                                    
1991,   by  the   Attorney   General   cautioned  that   the                                                                    
legislature  couldn't  appropriate   money  for  a  partisan                                                                    
political  purpose since  they  rarely qualify  as a  public                                                                    
purpose.                                                                                                                        
                                                                                                                                
MARY  SHIELDS,  FAIRBANKS  testified via  teleconference  in                                                                    
opposition  to HB  334. She  noted that  past appropriations                                                                    
have not resulted  in achieving the goal  [of opening ANWR].                                                                    
She observed that the state  funds 70 percent of the effort.                                                                    
She  maintained  that  industry  can pay  its  own  way  and                                                                    
stressed  that   the  funds  could  be   invested  into  the                                                                    
Permanent Fund or the Tourism Marketing Fund.                                                                                   
                                                                                                                                
TODD  BURNSIDE, FAIRBANKS  testified  via teleconference  in                                                                    
opposition to HB  334. He observed that a  third of Alaskans                                                                    
oppose opening ANWR.  He maintained that the  money is being                                                                    
gambled on a private interest.                                                                                                  
                                                                                                                                
PATRICIA  WALSH, FAIRBANKS  testified via  teleconference in                                                                    
opposition. She noted that she  is a tour operator. Bookings                                                                    
for 2002 are 40 percent  below the past years. She requested                                                                    
that the funds be spent  on the Alaska visitor industry. She                                                                    
maintained that public  money should not be  spent on Arctic                                                                    
power in the current fiscal climate.                                                                                            
                                                                                                                                
ARTHUR  HUSSEY, FAIRBANKS  testified  via teleconference  in                                                                    
opposition to  HB 334. He  pointed out that the  state would                                                                    
receive  a  greater rate  of  return  on drilling  on  state                                                                    
lands.  He recommended  that equal  funds be  spent on  non-                                                                    
consumptive, non-extractive  uses of  ANWR such  as guiding,                                                                    
hunting and  tourism. It is  also questionable if  the state                                                                    
should support a lobbying activity.                                                                                             
                                                                                                                                
STACEY  FRITZ,  FAIRBANKS  testified via  teleconference  in                                                                    
opposition. She maintained that  the oil industry can afford                                                                    
their own  lobbying and advertising. She  stressed that ANWR                                                                    
belongs to  all Alaskans  and the whole  nation, of  which a                                                                    
majority  oppose drilling.  She questioned  the legality  of                                                                    
the appropriation.                                                                                                              
                                                                                                                                
CAROLYN KRENERS,  FAIRBANKS testified via  teleconference in                                                                    
opposition to HB 334. She  maintained that Arctic Power is a                                                                    
private  lobbying   group  that   is  not  supported   by  a                                                                    
significant number  of Alaskans. Public money  should not be                                                                    
used for  a special interest lobbying  group. She maintained                                                                    
that authorization  of an additional  $1 million  dollars to                                                                    
Arctic Power is unconscionable.                                                                                                 
                                                                                                                                
DEBBIE  MILLER, FAIRBANKS  testified  via teleconference  in                                                                    
opposition. She  noted that  many Alaskans  favor protection                                                                    
of  ANWR.  She  stressed  that   the  funds  do  not  go  to                                                                    
educational  purposes and  that  the funds  would be  better                                                                    
spent  on  education  in  the   state.  She  questioned  the                                                                    
legality   of  the   appropriation.  She   noted  that   the                                                                    
appropriation   might  be   in  violation   of  the   Alaska                                                                    
Procurement   Code.  The   Attorney  General's   Office  has                                                                    
expressed  concerns  in past  years  that  grants to  Arctic                                                                    
Power may  be an  attempt to avoid  the procurement  code in                                                                    
order to  receive lobbying  services without  competition or                                                                    
public  involvement.   She  noted  that  Arctic   Power  has                                                                    
received approximately $10 thousand  dollars a day for their                                                                    
effort to open ANWR. She  added that the appropriation might                                                                    
also violate  AS 37.05.321, which prohibits  the legislature                                                                    
from influencing legislative action.                                                                                            
                                                                                                                                
PAMELA A. MILLER, ANCHORAGE  testified via teleconference in                                                                    
opposition to  HB 334.  She noted  that there  is a  lack of                                                                    
accountability.  She did  not think  that the  appropriation                                                                    
reflected well  on Alaska. She  suggested that the  funds be                                                                    
spent  to provide  spill prevention  and response  to assure                                                                    
adequate oversight. She questioned  if funds are coming from                                                                    
the effort to provide support for the natural gas pipeline.                                                                     
                                                                                                                                
Ms.  Miller expressed  concern that  there was  insufficient                                                                    
time for  the public  to be aware  of the  meeting. Co-Chair                                                                    
Mulder  pointed out  that the  meeting was  advertised under                                                                    
statutory and uniform rule requirements.                                                                                        
                                                                                                                                
Co-Chair Mulder  explained that the majority  of the funding                                                                    
is  coming  from a  reappropriation  for  evaluation of  the                                                                    
natural gas pipeline. The  Administration has indicated that                                                                    
the  funding for  [evaluation of  the gas  pipeline] is  not                                                                    
needed   at  this   time  and   would   be  an   appropriate                                                                    
redirection.   He  felt   that  Alaskans   do  support   the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Representative John  Davies MOVED to ADOPT  Amendment 1. Co-                                                                    
Chair  Mulder  OBJECTED  for   the  purpose  of  discussion.                                                                    
Representative  John  Davies  explained that  the  amendment                                                                    
would  appropriate  $100 thousand  dollars  to  the city  as                                                                    
Kaktovik. The city  is impacted by the effort  to open ANWR.                                                                    
Funding would also  assist the city in the  preparation of a                                                                    
video indicating their support for opening ANWR.                                                                                
                                                                                                                                
Co-Chair Mulder WITHDREW his OBJECTION.                                                                                         
                                                                                                                                
Representative Hudson spoke in  support of the amendment. He                                                                    
noted  that  Kaktovik  is the  community  most  affected  by                                                                    
efforts to open ANWR and it  is in the state's best interest                                                                    
to provide them assistance.                                                                                                     
                                                                                                                                
There being NO OBJECTION, Amendment 1 was adopted.                                                                              
                                                                                                                                
Representative Foster MOVED to report CSHB 334 (FIN) out of                                                                     
Committee. There being NO OBJECTION, it was so ordered.                                                                         
                                                                                                                                
HB 334 was REPORTED out of Committee with a "do pass"                                                                           
recommendation.                                                                                                                 
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:02 AM.                                                                                          

Document Name Date/Time Subjects