Legislature(2011 - 2012)SENATE FINANCE 532

01/27/2012 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 167 SEPARATE OIL & GAS PROD. TAX/DEDUCTIONS TELECONFERENCED
Heard & Held
+= SB 103 WORKERS' COMPENSATION FOR FIREFIGHTERS TELECONFERENCED
Moved CSSB 103(L&C) Out of Committee
+= SB 51 STATE VENDING LICENSES TELECONFERENCED
Moved CSSSSB 51(L&C) Out of Committee
+= SB 30 RETURN OF SEIZED PROPERTY TELECONFERENCED
Moved CSSB 30(2d JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SENATE FINANCE COMMITTEE                                                                                      
                      January 27, 2012                                                                                          
                         9:04 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:04:18 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman Co-Chair Stedman called the Senate Finance                                                                     
Committee meeting to order at 9:04 a.m.                                                                                         
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire, Vice-Chair                                                                                               
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Darwin   Peterson,  Staff,   Senator   Bert  Stedman;   Bruce                                                                   
Tangeman,  Deputy Commissioner,  Tax Division, Department  of                                                                   
Revenue;  Dan  Stickle, Petroleum  Economist,  Department  of                                                                   
Revenue;   Senator  Hollis  French;   Senator  Joe   Paskvan;                                                                   
Senator Fred  Dyson; Bryan Butcher, Commissioner,  Department                                                                   
Of Revenue; Senator Cathy Giessel.                                                                                              
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSSB 30(2d JUD)                                                                                                                 
          RETURN OF SEIZED PROPERTY                                                                                             
                                                                                                                                
          CSSB  30(2d  JUD)  was REPORTED  out  of  committee                                                                   
          with  a "do  pass" recommendation  and  with a  new                                                                   
          zero  fiscal  note from  the Department  of  Public                                                                   
          Safety  and a  new indeterminate  fiscal note  from                                                                   
          the Department of Law.                                                                                                
                                                                                                                                
CSSSSB 51(L&C)                                                                                                                  
          STATE VENDING LICENSES                                                                                                
                                                                                                                                
          CSSSSB 51(L&C)  was REPORTED out of  committee with                                                                   
          a  "do pass"  recommendation  and with  a new  zero                                                                   
          fiscal  note  from  the  Department  of  Labor  and                                                                   
          Workforce Development.                                                                                                
                                                                                                                                
CSSB 103(L&C)                                                                                                                   
          WORKERS' COMPENSATION FOR FIREFIGHTERS                                                                                
                                                                                                                                
          CSSB  103(L&C) was REPORTED  out of committee  with                                                                   
          a "do  pass" recommendation  and with a  new fiscal                                                                   
          impact  note  from  University  of  Alaska,  a  new                                                                   
          fiscal   impact  note   from   the  Department   of                                                                   
          Administration,  and a  new zero  fiscal note  from                                                                   
          the    Department    of   Labor    and    Workforce                                                                   
          Development.                                                                                                          
                                                                                                                                
SB 167    SEPARATE OIL & GAS PROD. TAX/ DEDUCTIONS                                                                              
                                                                                                                                
          SB 167 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
SENATE BILL NO. 167                                                                                                           
                                                                                                                                
     "An Act  providing that the  tax rate applicable  to the                                                                   
     production  of oil as the  average production  tax value                                                                   
     of  oil, gas  produced  in  the Cook  Inlet  sedimentary                                                                   
     basin,  and  gas  produced  outside of  the  Cook  Inlet                                                                   
     sedimentary  basin  and  used  in  the  state  increases                                                                   
     above  $30  shall  be  0.4  percent  multiplied  by  the                                                                   
     number  that  represents  the  difference  between  that                                                                   
     average  monthly production  tax value  and $30,  or the                                                                   
     sum  of  25  percent  and the  product  of  0.1  percent                                                                   
     multiplied   by   the   number   that   represents   the                                                                   
     difference between  that average monthly  production tax                                                                   
     value   and  $92.50,   except   that   the  total   rate                                                                   
     determined  in   the  calculation  may  not   exceed  50                                                                   
     percent; providing  for an increase  in the rate  of tax                                                                   
     on the production  of gas as the average  production tax                                                                   
     value on a  BTU equivalent barrel basis  of gas produced                                                                   
     outside  of the  Cook Inlet  sedimentary  basin and  not                                                                   
     used  in the  state  increases  above $30;  relating  to                                                                   
     payments  of the oil  and gas  production tax;  relating                                                                   
     to  the lease  expenditures  that may  be deducted  when                                                                   
     determining   production    tax   value;   relating   to                                                                   
     availability  of a  portion of the  money received  from                                                                   
     the tax on  oil and gas production for  appropriation to                                                                   
     the  community revenue  sharing  fund;  relating to  the                                                                   
     allocation  of  lease expenditures  and  adjustments  to                                                                   
     lease  expenditures;  and  providing  for  an  effective                                                                   
     date."                                                                                                                     
                                                                                                                                
9:05:44 AM                                                                                                                    
                                                                                                                                
DARWIN  PETERSON,  STAFF, SENATOR  BERT  STEDMAN,  introduced                                                                   
himself and presented  SB 167. The legislation  separated oil                                                                   
and  natural   gas  for  the   purpose  of  calculating   the                                                                   
progressivity portion  of the  production tax value  under AS                                                                   
43.55. He  added that  the effort  had become commonly  known                                                                   
as "decoupling."  Under current law,  the tax rate  was based                                                                   
on the combined  BTU (British Thermal Unit) value  of oil and                                                                   
gas; however,  oil and gas  can have vastly different  values                                                                   
on  a  BTU  basis.  Recently,  North  Slope  crude  had  been                                                                   
trading  at $110  dollars  per barrel,  while  the price  for                                                                   
natural gas had  been hovering around $3 per  million BTU. He                                                                   
furthered  that currently oil  was worth  more than  40 times                                                                   
the value  of natural gas on  a BTU equivalency. When  oil is                                                                   
priced significantly  higher than  gas, Alaska's  coupled tax                                                                   
structure allowed  lowered value  gas to dilute  the revenues                                                                   
generated by higher  value oil. The net effect  was lower tax                                                                   
liabilities  for producers  and reduced  revenue for  Alaska.                                                                   
Under  forecasted  production   and  pricing  scenarios,  the                                                                   
state  could potentially  see  upwards of  a  $2 billion  per                                                                   
year  loss in  revenue  in the  event of  a  major gas  sale;                                                                   
Alaska would  be getting no money  for its gas and  even less                                                                   
money  for  its  oil.  He  continued  that  the  current  tax                                                                   
structure  not   only  exposed   the  state  to   unnecessary                                                                   
financial  risk, but  it  also created  economic  instability                                                                   
and financial uncertainty  for partners looking  to invest in                                                                   
a natural  gas pipeline. Under  the bill, there would  be two                                                                   
distinct  progressivity  calculations,  which  would  produce                                                                   
two  different tax  rates to  be  applied separately.  First,                                                                   
progressivity  would be  calculated on  all combined  current                                                                   
activity including,  oil, Cook Inlet gas, and  other in-state                                                                   
gas.   Second,   the  progressivity   would   be   calculated                                                                   
separately  for  North Slope  gas  that  is exported  out  of                                                                   
state.  The  exclusion of  North  Slope  export gas  and  the                                                                   
progressivity  calculation for  oil meant  the gas would  not                                                                   
dilute the value  of oil, and oil taxes would  not be reduced                                                                   
as  the  result  of  a  major  gas  sale.  The  progressivity                                                                   
calculation itself  would be unchanged, based  on 0.4 percent                                                                   
of  the production  value  that exceeds  $30  per barrel  for                                                                   
oil, and  $30 per BTU barrel  of oil equivalent for  gas. The                                                                   
base tax  rate is unchanged at  25 percent of  production tax                                                                   
value.  As  in   current  law,  this  bill   would  give  the                                                                   
Department   of  Revenue   (DOR)  the   authority  to   adopt                                                                   
regulations  to allocate costs  between oil  and gas.  As the                                                                   
recipients  of confidential cost  data, DOR  was in  the best                                                                   
position  to  evaluate  costs.   He  clarified  some  of  the                                                                   
documents in the  packet, including a letter  from David Wood                                                                   
to Co-Chair Stedman from March, 2010.                                                                                           
                                                                                                                                
Co-Chair Stedman clarified the identity of Dr. David Wood.                                                                      
Mr. Peterson  continued to speak  about the documents  in the                                                                   
bill packet.                                                                                                                    
                                                                                                                                
9:10:12 AM                                                                                                                    
                                                                                                                                
BRYAN   BUTCHER,   COMMISSIONER,   DEPARTMENT   OF   REVENUE,                                                                   
introduced   himself  and   his  staff.   He  gave  a   brief                                                                   
explanation  of   the  overview  and  indicated   that  Bruce                                                                   
Tangeman  and Dan  Stickle  would give  the  majority of  the                                                                   
presentation.                                                                                                                   
                                                                                                                                
BRUCE   TANGEMAN,   DEPUTY   COMMISSIONER,    TAX   DIVISION,                                                                   
DEPARTMENT  OF  REVENUE,  introduced  himself.  He  indicated                                                                   
that the overview  would include a high level  summary on how                                                                   
the  production  tax  worked  in  Alaska,  a  definition  and                                                                   
detail on  "decoupling," and a  history of SB 305,  which had                                                                   
passed in 2010.                                                                                                                 
                                                                                                                                
Mr.  Tangeman explained  slide 3.  The production  tax was  a                                                                   
company  specific tax  where the  progressivity affects  each                                                                   
tax  payer  slightly   differently  and  was  based   on  the                                                                   
production    tax   value   (PTV).    Market   price    minus                                                                   
transportation  costs  determined  the  gross  value  at  the                                                                   
point of  production (GVPP). The  PTV was determined  by GVPP                                                                   
minus lease expenditures.                                                                                                       
                                                                                                                                
9:13:03 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  indicated that this  was the first  of many                                                                   
hearings  on the  bill and  requested a  simple overview  for                                                                   
the people at home.                                                                                                             
                                                                                                                                
Mr. Tangeman discussed the tax rate on slide 3 as follows:                                                                      
                                                                                                                                
     •Tax Rate                                                                                                                  
                                                                                                                                
        o Base tax rate of 25% of "production tax value"                                                                        
        o Progressivity applies when PTV is over $30 /                                                                          
          barrel    of oil equivalent (BOE), and  increases                                                                     
          rate by 0.4%  for each $1 of PTV over $30 /BOE                                                                        
        o Example: At $50 / BOE PTV, tax rate is 33% (25% +                                                                     
          0.4% * $20)                                                                                                           
        o At $92.50 / BOE progressivity changes to 0.1% per                                                                     
          $1 of PTV                                                                                                             
                                                                                                                                
Mr. Tangeman explained  slide 4 titled "FY 11  Production Tax                                                                   
Calculation." He  indicated that it was commonly  referred to                                                                   
as the  income statement  and was included  each year  at the                                                                   
back of  the income revenue  sources book. He  furthered that                                                                   
the  slide had  been prepared  at  the behest  of the  Senate                                                                   
Finance  Committee. It  was meant  to  be a  high level  snap                                                                   
shot view of how  the PTV was calculated and  the bottom line                                                                   
revenue  was reached.  He  mentioned that  the  tax was  very                                                                   
complicated to calculate  and detail, so the  slide was meant                                                                   
to be a higher level view.                                                                                                      
                                                                                                                                
Mr. Tangeman  discussed the  first line  titled "Avg  ANS Oil                                                                   
Price ($/bbl)  & Daily Production  (bbls)." For FY  11, which                                                                   
ended June 30,  the average annual oil price  was $94.49. The                                                                   
average production  was 602,723 barrels for a  value of $56.9                                                                   
million   per   day.   The  total   annual   production   was                                                                   
219,993,895 barrels  of oil. The royalty and  federal barrels                                                                   
were backed  out of the tax,  leaving the taxable  barrels at                                                                   
190,488,390.  The downstream  transportation  costs like  ANS                                                                   
marine  transportation,   the  TAPS  (Trans-Alaska   Pipeline                                                                   
System) tariff,  and other  transportation costs  were backed                                                                   
out for total  transportation costs of $7.17  per barrel. The                                                                   
lease  expenditures, which  were  the operating  and  capital                                                                   
expenses,  averaged $21.74  per  barrel.  The production  tax                                                                   
was  then calculated  based  on the  PTV,  which was  $12.496                                                                   
million.  Using  the  $94.49  price,  the  base  rate  of  25                                                                   
percent  was  calculated  on the  first  $30.  The  resulting                                                                   
figure  was  $3.123 billion.  The  remainder  was  calculated                                                                   
with  the 0.4  percent  incremental going  up,  and that  0.4                                                                   
percent  was   applied  to  the   entire  tax  base   for  an                                                                   
additional $1.788  billion. The total tax due  before credits                                                                   
was $4.901 billion,  but the credits applied  of $400 million                                                                   
resulted in $4.501 billion total tax after credits.                                                                             
                                                                                                                                
9:18:12 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  indicated  that  there  was  another  $400                                                                   
million  in a  separate category,  bringing the  total up  to                                                                   
$800  million. Mr.  Tangeman agreed.  He  explained that  tax                                                                   
credits taken by explorers, who did not have tax liability,                                                                     
was a separate category.                                                                                                        
                                                                                                                                
Mr. Tangeman discussed "What is "decoupling"" on slide 5:                                                                       
                                                                                                                                
     •Under  current  law,  gas  production  from  major  gas                                                                   
     sales would  be converted to "barrel of  oil equivalent"                                                                   
     and taxed in the same calculation as oil*                                                                                  
                                                                                                                                
     •"Decoupling"  would  calculate  oil  and  gas  tax  for                                                                   
     major gas sales separately.                                                                                                
                                                                                                                                
     *special   provisions   exist  currently   that   extend                                                                   
     special  tax rates to  Cook Inlet Gas,  and gas  for in-                                                                   
     state   use,  until   2022.  However   these  types   of                                                                   
     production   are  still   included   in  the   statewide                                                                   
     "progressivity" calculation                                                                                                
                                                                                                                                
Mr. Tangeman elaborated on slide 6 titled "Conceptually,                                                                        
decoupling is simple." He explained that the slide made it                                                                      
easier to conceptualize decoupling.                                                                                             
                                                                                                                                
Mr. Tangeman discussed slide 7 titled "Why decouple?":                                                                          
                                                                                                                                
     •Oil is  different than  gas (different uses,  different                                                                   
     resource endowments, different substitutes)                                                                                
                                                                                                                                
     •Decoupling  allows tax  policy to  be crafted  specific                                                                   
     to oil or gas production                                                                                                   
                                                                                                                                
     •Oil  is currently  worth  more than  gas  (per unit  of                                                                   
     energy)                                                                                                                    
                                                                                                                                
    •Gas value relative to oil varies greatly over time                                                                         
                                                                                                                                
Mr. Tangeman discussed slide 8. He explained that the                                                                           
thermal parity, or "BTU equivalency," was the big issue.                                                                        
The "BTU equivalency" was approximately 6 Million British                                                                       
thermal units (MMBtu) of gas to 1 barrel (bbl) of oil. He                                                                       
continued that currently the price of gas and oil was                                                                           
clearly not in a 6 to 1 parody. (The 6 to 1 parity was                                                                          
represented by the red dotted line and the actual oil price                                                                     
was represented by the blue line on slide 7.)                                                                                   
                                                                                                                                
Co-Chair Stedman  stated that if the current  oil prices were                                                                   
plugged  in at  $112  dollars a  barrel and  gas  at $2.70  a                                                                   
gallon,  the parity  was more  like 40  to 1.  He would  work                                                                   
with the department  on a base price of oil  standard for use                                                                   
in  future  presentations.  He  stated  that  the  multiplier                                                                   
under equivalency  was roughly  22 or 23  to on DOR's  chart,                                                                   
but that under  current market prices it was more  like 40 to                                                                   
1.                                                                                                                              
                                                                                                                                
Mr. Tangeman explained slide 9 titled "Why decouple?":                                                                          
                                                                                                                                
     •Including lower value gas in the same tax calculation                                                                     
     as higher value oil reduces the average value per BOE                                                                      
     and therefore reduces the progressive tax rate on oil                                                                      
                                                                                                                                
     •By  taxing   oil  and  gas  together,   gas  production                                                                   
     reduces  oil  taxes  even   though  oil  operations  are                                                                   
     unaffected.   He   added   that  the   state   was   not                                                                   
     experiencing  this at  the  moment, because  it had  not                                                                   
     realized gas production on a commercial level                                                                              
                                                                                                                                
     •This  has been called  the "flip  the switch"  problem…                                                                   
     as  soon as  major gas  sales begin,  state tax  revenue                                                                   
     could   drop   significantly,    under   certain   price                                                                   
     scenarios (including current prices!)                                                                                      
                                                                                                                                
Co-Chair Stedman  recalled that  during previous  discussions                                                                   
on  decoupling, the  Nikiski gas  plant was  operating. As  a                                                                   
result, the current  impact on the state's treasury  was more                                                                   
than $100 million.  He continued that Nikiski  had since been                                                                   
shut down,  so he  expected the  current gas dilution  effect                                                                   
was  well  under  $100  million.   He  indicated  that  those                                                                   
calculations would  be addressed  in the future.  He stressed                                                                   
that  the calculations  would  not involve  billions as  with                                                                   
the  "flip   the  switch   problem,"  but   that  it   was  a                                                                   
hypothetical  if  the  4.5  billion   cubic  foot  (BCF)  gas                                                                   
pipeline was in operation.                                                                                                      
                                                                                                                                
Mr.   Tangeman   discussed  slide   10   titled,   "Numerical                                                                   
Examples: Assumptions.":                                                                                                        
                                                                                                                                
     •One Year "Income Statement" model                                                                                         
                                                                                                                                
     •DOR 2012 Profiles                                                                                                         
        o Oil: 450 Mbbl/d                                                                                                       
        o Gas: 4.5 Bcf/d                                                                                                        
                                                                                                                                
     •Conversion 6 Mcf = 1 boe                                                                                                  
                                                                                                                                
     •Costs allocation                                                                                                          
        o Opex: $2,500,000,000                                                                                                  
        o Capex: $2,500,000,000                                                                                                 
        o Costs split on the basis of gross value at the                                                                        
          Point of Production (PoP)                                                                                             
                                                                                                                                
     •Transportation                                                                                                            
                                                                                                                                
        o Oil: $11.00/bbl                                                                                                       
        o Gas: $4.5/MMBtu                                                                                                       
                                                                                                                                
Mr.  Tangeman   explained  that  the  slide   indicated  what                                                                   
assumptions the next several slides would operate on.                                                                           
                                                                                                                                
Co-Chair Stedman pointed out that slide 10 assumed that                                                                         
450,000 barrels of oil a day would be produced, but that                                                                        
the FY 13 forecast assumed roughly 575 thousand barrels a                                                                       
day in production. Mr. Tangeman responded that Co-Chair                                                                         
Stedman was correct.                                                                                                            
                                                                                                                                
9:25:19 AM                                                                                                                    
                                                                                                                                
Mr. Tangeman  discussed slide 11  titled "At high  parity, SB
167 >  Status Quo." He explained  the slide represented  a 15                                                                   
to 1 parity where oil was at $120 per bbl  and gas was $8 per                                                                   
MMBtu.  The slide  assumed  that  production was  at  450,000                                                                   
barrels of oil  per day and 4.5 BCF per day  of gas. The left                                                                   
hand  column showed  oil and  gas  decoupled for  a total  of                                                                   
$5.9 million in  state production taxes. Under  the scenario,                                                                   
the status  quo would  only generate  $4.1 million  in taxes.                                                                   
He  concluded that  under SB  167, the  state would  generate                                                                   
another $1.8 billion in taxes.                                                                                                  
                                                                                                                                
Mr. Tangeman discussed  slide 12 titled "At  lower parity, SB
167 >  Status Quo." Slide 12  assumed the same  production as                                                                   
the previous  slide, but it plugged  a lower parity  into the                                                                   
equation.  He concluded  that  even at  a  lower parity,  the                                                                   
state would  generate $500  million more  in taxes  under the                                                                   
proposed legislation.                                                                                                           
                                                                                                                                
Mr.  Tangeman discussed  slide  13  and explained  it  showed                                                                   
that  the  calculation  between  coupled  and  uncoupled  was                                                                   
fairly  equal at  the 6  to 1  parity, but  furthered that  a                                                                   
difference  between  the  calculations  occurred if  the  oil                                                                   
price rose and the gas price dropped.                                                                                           
                                                                                                                                
9:27:49 AM                                                                                                                    
                                                                                                                                
Mr.  Tangeman  pointed   to  slide  14  titled   "At  Today's                                                                   
prices."  He  remarked  that the  slide  put  the  decoupling                                                                   
issue  into   the  perspective  of  today's   conditions.  He                                                                   
declared  that under  current prices,  the price  of gas  was                                                                   
less  than the  cost of  transporting it.  He expounded  that                                                                   
the  current  gas  price  was  approximately  $3,  while  the                                                                   
transportation  costs had been  identified as $4.50.  The gas                                                                   
tax would  result  in a net  operating loss  (NOL) and  would                                                                   
generate  NOL  credits  of  $0.6   billion,  which  could  be                                                                   
applied in the following year.                                                                                                  
                                                                                                                                
Co-Chair Stedman  asked whether  the slide communicated  that                                                                   
SB 167  would generate  $1.9 billion more  in taxes  than the                                                                   
status quo,  given today's prices and  a 37 to 1  parity. Mr.                                                                   
Tangeman responded in the affirmative.                                                                                          
                                                                                                                                
DAN  STICKLE,   ASSISTANT  CHIEF  ECONOMIST,   DEPARTMENT  OF                                                                   
REVENUE,  stated that  the $1.9  billion showed  on slide  14                                                                   
did  not include  the $600  million  NOL credit  for the  gas                                                                   
that could be taken in the following year.                                                                                      
                                                                                                                                
Mr. Tangeman continued to slide 15 titled "Observations.":                                                                      
                                                                                                                                
     •SB167  provides  for  a  state  share  similar  to  the                                                                   
     status  quo when gas  prices are  relatively high  (less                                                                   
     dilution of progressivity under status quo)                                                                                
                                                                                                                                
     •SB167  imposes a  higher  state share  compared to  the                                                                   
     status quo when gas prices are relatively low                                                                              
                                                                                                                                
     •SB167 generates  revenue equal to or greater  than "oil                                                                   
     stand alone" revenue in all cases                                                                                          
        o But at very low gas prices NOL credits are                                                                            
          generated which can be applied against oil tax                                                                        
          liabilities in the following year                                                                                     
                                                                                                                                
9:30:36 AM                                                                                                                    
                                                                                                                                
Mr. Tangeman  discussed slide  16 titled "Decoupling  Issues:                                                                   
Cost Allocation":                                                                                                               
                                                                                                                                
     •How  costs are  allocated  between oil  and  gas has  a                                                                   
     significant impact on overall taxes owed                                                                                   
                                                                                                                                
     •Because  oil and gas  are generally produced  together,                                                                   
     it  is not  easy or  straight forward  to determine  the                                                                   
     costs "applicable to the gas [or oil] produced"                                                                            
                                                                                                                                
     •The   cost   allocation    method   could   result   in                                                                   
     uncertainty, disputes, and delays                                                                                          
                                                                                                                                
     •Cost allocation should be specified in the statute,                                                                       
     and is a very important policy decision                                                                                    
                                                                                                                                
Mr.  Tangeman  discussed  slide 17  titled  "Cost  Allocation                                                                   
Examples."  He   explained  that   the  slide  assumed   that                                                                   
production  would be at  $120 per  barrel of  oil and  $8 per                                                                   
MMBtu for gas.                                                                                                                  
                                                                                                                                
Mr.  Stickle  elaborated  on  slide 17  and  stated  that  it                                                                   
showed three  potential methods for allocating  costs between                                                                   
oil and gas under  a decoupled tax. He added  that there were                                                                   
many allocation  methods, but the  slide showed three  of the                                                                   
most  commonly used  methods.  The top  column indicated  how                                                                   
many barrels  of oil  equivalent were  produced in  the year.                                                                   
Under the  scenario, there  were 164  million barrels  of oil                                                                   
and  274 million  barrels of  oil  equivalent of  gas. On  an                                                                   
energy basis,  with 450  thousand barrels  of production  and                                                                   
4.5 BCF of gas  a day, there would actually be  more gas than                                                                   
oil being  produced. The  gross value shown  on line  two was                                                                   
$17.9 billion for oil versus $5.7 billion for gas.                                                                              
                                                                                                                                
Mr.  Stickle   stated   that  the  second   set  of   numbers                                                                   
represented  the cost allocation  if costs  were spilt  based                                                                   
on  the  barrels of  oil  equivalent.  Out  of the  total  $5                                                                   
billion  cost,  gas  made  up  63  percent,  while  oil  only                                                                   
accounted for  38 percent. Under  the split based  on barrels                                                                   
of oil  equivalent, the  deduction of costs  for the  oil tax                                                                   
would be about $1.9 billion.                                                                                                    
                                                                                                                                
Mr. Stickle  explained that the  third set of  numbers showed                                                                   
a split  based on  gross value  at the  point of  production.                                                                   
Using the  method would give  the oil  tax a higher  share of                                                                   
the total  value,  and oil would  be assigned  76 percent  of                                                                   
the costs for a deduction of about $3.8 billion.                                                                                
                                                                                                                                
Mr.  Stickle  concluded  that   the  fourth  set  of  numbers                                                                   
detailed  a spilt  where  individual companies  assigned  the                                                                   
costs oil  and gas.  He acknowledged  there were many  issues                                                                   
involving how  the costs would  be assigned; however,  if the                                                                   
assumption was that  90 percent of the costs  were associated                                                                   
with  oil, $4.5  billion would  be deducted  against the  oil                                                                   
tax. He stressed  that choosing which cost  allocation method                                                                   
to use was a multi-billion dollar decision for deductions.                                                                      
                                                                                                                                
9:34:44 AM                                                                                                                    
                                                                                                                                
Mr.  Stickle  moved   on  to  slide  18  titled   "Impact  of                                                                   
Allocation  Methods on  SB 176 Revenue."  The slide  detailed                                                                   
the financial  impact of  the three  allocation methods  used                                                                   
in  the   previous  slide.   An  allocation   based   on  BOE                                                                   
equivalency (where  oil represented  the lowest cost),  would                                                                   
result  in $7  billion in  state revenue.  If allocation  was                                                                   
based  on  value at  point  of  production, $5.9  billion  in                                                                   
state revenue  would be generated.  Allocation based on  a 90                                                                   
percent/10  percent cost  split resulted  in $5.5 billion  in                                                                   
total  revenue; where  most  of the  costs  were assigned  to                                                                   
oil.  He stressed  that  determining  which method  would  be                                                                   
used was a $1.5 billion a year decision.                                                                                        
                                                                                                                                
Mr. Stickle discussed  slide 19 titled "Impact  of Allocation                                                                   
Methods on SB 167 Revenue":                                                                                                     
                                                                                                                                
     •"Lock in" for gas committed at first open season                                                                          
                                                                                                                                
     •Potential impact on current gas production                                                                                
        o Cook Inlet gas                                                                                                        
        o Gas used in state                                                                                                     
        o Small quantities of other gas production (OCS)                                                                        
                                                                                                                                
     •Complexity of administration for state, taxpayers                                                                         
     •Specify gas tax now or save for another session?                                                                          
     •Balance between desire for revenue and making a major                                                                     
     gas project attractive                                                                                                     
     •Treatment of Net Operating Loss for gas                                                                                   
                                                                                                                                
9:37:41 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  wanted Mr.  Stickle to  move back  to slide                                                                   
14 for  clarification.  He queried whether  the $1.9  billion                                                                   
in the  far right  column  would go  up or down  if the  $600                                                                   
million  NOL  credit  was applied  the  following  year.  Mr.                                                                   
Tangeman  responded that  the  $1.9 billion  figure would  go                                                                   
down to $1.3 billion.                                                                                                           
                                                                                                                                
Mr. Stickle  clarified that  the intent of  the slide  was to                                                                   
show  the revenue  generated  in the  "snap  shot" year  they                                                                   
were looking  at. He explained  that under the  decoupled tax                                                                   
and  current conditions,  the  state would  receive the  $3.1                                                                   
billion  in  revenue,  but  would  also  have  incurred  $600                                                                   
million dollars in NOL credits that would be carried                                                                            
forward against future tax liability.                                                                                           
                                                                                                                                
Mr. Stickle continued on slide 20 titled "History: SB 305                                                                       
in 2010." He explained what SB 305 did as follows:                                                                              
                                                                                                                                
     •Decoupled  oil and  gas  for purposes  of  a major  gas                                                                   
     sale (solving the "flip the switch" problem)                                                                               
                                                                                                                                
     •Held harmless most current gas production                                                                                 
                                                                                                                                
     •Provided one  tax calculation for oil, Cook  Inlet gas,                                                                   
     and gas used in-state                                                                                                      
                                                                                                                                
     •Provided  a  separate  tax   calculation  for  non-Cook                                                                   
     Inlet gas that is exported out of state                                                                                    
                                                                                                                                
     •Specified   GVPP  cost   allocation   "to  the   extent                                                                   
     possible"                                                                                                                  
                                                                                                                                
     •Extensive  analysis  by   Legislature,  administration,                                                                   
     consultants                                                                                                                
                                                                                                                                
     •Numerous technical issues raised and addressed                                                                            
                                                                                                                                
     •Final bill is the basis of this year's SB 167                                                                             
                                                                                                                                
9:41:06 AM                                                                                                                    
                                                                                                                                
Commissioner Butcher continued to present the overview on                                                                       
slide 21 titled "History: SB 305 in 2010" as follows:                                                                           
                                                                                                                                
     •Passed Senate and House, vetoed by Governor                                                                               
                                                                                                                                
     •3 reasons cited in veto message:                                                                                          
          1. Decoupling, on its own, represents an overall                                                                      
          tax increase                                                                                                          
          2. Changing the tax during the pipeline open                                                                          
          seasons (AGIA, Denali) creates uncertainty                                                                            
          3. Change not needed at this time because                                                                             
          Legislature retains ability to make changes to                                                                        
          tax laws… any tax locked in for firm commitments                                                                      
          at the first AGIA open season only applies to                                                                         
          gas, not oil.                                                                                                         
     •2 years later…                                                                                                            
             o The AGIA first open season is complete; the                                                                      
                    Denali project has been suspended                                                                           
             o Decoupling has now been "on the table" for                                                                       
               two  years                                                                                                       
             o Opportunity to reconsider decoupling in                                                                          
               context  of the broader discussion of                                                                            
               increasing oil and  gas production                                                                               
                                                                                                                                
Commissioner  Butcher  stated  that the  governor  was  still                                                                   
concerned with SB  167 being an overall tax  increase, but he                                                                   
indicated that DOR  felt it could work with  the committee to                                                                   
establish something  that was  agreeable to both  parties. He                                                                   
mentioned  that  the  governor  had  set  out  an  aggressive                                                                   
timeline for the  three producers on taking a  look at moving                                                                   
forward with a  gas line. He concluded that  if the timelines                                                                   
were  strictly held,  the  legislature  might be  looking  at                                                                   
working on the gas tax issue in the 2013 session.                                                                               
                                                                                                                                
Co-Chair Hoffman  wondered if DOR could give  the committee a                                                                   
comparative  analysis of  what DOR's assumptions  were  in FY                                                                   
12 and  how they would  be impacted by  actual numbers  in FY                                                                   
11. Commissioner Butcher agreed to provide the analysis.                                                                        
                                                                                                                                
9:43:42 AM                                                                                                                    
                                                                                                                                
Senator Olson asked  if the commissioner was  saying that the                                                                   
governor would be unlikely to veto SB 167.                                                                                      
                                                                                                                                
Commissioner  Butcher responded  that the  governor did  have                                                                   
concerns with  SB 167;  however, DOR  believed it could  work                                                                   
with  the  committee  to  achieve  a  result  that  would  be                                                                   
acceptable to both parties.                                                                                                     
                                                                                                                                
Senator  Olson inquired  what  other  oil and  gas  producing                                                                   
states  or  nations   did  when  dealing  with   coupling  or                                                                   
decoupling  a tax.  Mr.  Stickle  responded that  there  were                                                                   
states  and countries  that did  it both  ways and  indicated                                                                   
that DOR would be happy to provide that information.                                                                            
                                                                                                                                
9:44:48 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  discussed the fiscal  note from DOR  in the                                                                   
amount  of $330,000  in general  funds to cover  the cost  of                                                                   
public  workshops,   contractual  assistance,   and  drafting                                                                   
regulations.                                                                                                                    
                                                                                                                                
SB  167  was   HEARD  and  HELD  in  committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
Co-Chair  Stedman stated  the committee  was looking  forward                                                                   
to working with DOR and working through "these issues."                                                                         
                                                                                                                                
9:45:40 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:45:43 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 103(L&C)                                                                                               
                                                                                                                                
     "An Act  amending the  medical examination  requirements                                                                   
     for   firefighters   entitled   to  a   presumption   of                                                                   
     compensability  for a disability resulting  from certain                                                                   
     diseases."                                                                                                                 
                                                                                                                                
9:47:39 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  MOVED  to  report  CSSB  103(L&C)  out  of                                                                   
committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  notes. There being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSSB  103(L&C)  was REPORTED  out  of  committee with  a  "do                                                                   
pass" recommendation  and with a new fiscal  impact note from                                                                   
the University of  Alaska, a new fiscal impact  note from the                                                                   
Department  of Administration,  and  a new  zero fiscal  note                                                                   
from the Department of Labor and Workforce Development.                                                                         
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 51(L&C)                                                                         
                                                                                                                                
     "An Act relating to the operation of vending                                                                               
     facilities on public property."                                                                                            
                                                                                                                                
9:49:03 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  MOVED  to report  CSSSSB  51(L&C)  out  of                                                                   
committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  note. There  being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSSSSB  51(L&C) was  REPORTED  out of  committee  with a  "do                                                                   
pass" recommendation  and with  a new  zero fiscal  note from                                                                   
the Department of Labor and Workforce Development.                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 30(2d JUD)                                                                                             
                                                                                                                                
     "An Act  providing for the  release of certain  property                                                                   
     in the  custody of a law  enforcement agency to  a crime                                                                   
     victim   under  certain   conditions  and  relating   to                                                                   
     requests  for that  release  by the  office of  victims'                                                                   
     rights."                                                                                                                   
                                                                                                                                
9:49:53 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  mentioned a new  zero fiscal note  from the                                                                   
Department  of Public Safety  and a  new intermediate  fiscal                                                                   
note from the Department of Law.                                                                                                
                                                                                                                                
9:50:08 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman MOVED  to  report CSSB  30(2d  JUD) out  of                                                                   
committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  notes. There being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSSB 30(2d  JUD) was  REPORTED  out of committee  with  a "do                                                                   
pass" recommendation  and with  a new  zero fiscal  note from                                                                   
the  Department  of Public  Safety  and a  new  indeterminate                                                                   
fiscal note from the Department of Law.                                                                                         
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
9:51:00 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:51 AM.                                                                                           
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 167 - Sect Analysis.pdf SFIN 1/27/2012 9:00:00 AM
SB 167
SB 167 sponsor statement.pdf SFIN 1/27/2012 9:00:00 AM
SB 167
SB 167 2010 03 02 D Wood Calculations FY2008_09.pdf SFIN 1/27/2012 9:00:00 AM
SB 167
SB 167 LogsdonAssoc PP.pdf SFIN 1/27/2012 9:00:00 AM
SB 167
SB103 APEI Letter to Leg.pdf SFIN 1/27/2012 9:00:00 AM
SB 103
SB 103 SFIN Letter of Opposition.pdf SFIN 1/27/2012 9:00:00 AM
SB 103
SB 167 SFIN Decoupling Overview.pdf SFIN 1/27/2012 9:00:00 AM
SB 167
SB 167 CORRECTED DOR S FIN_decoupling_20120127 [Read-Only].pdf SFIN 1/27/2012 9:00:00 AM
SB 167
SB 167 OOC to SFC 2-13-2012 LJW Final Draft.pdf SFIN 1/27/2012 9:00:00 AM
SB 167
SB 167 ANS-HH parity 20120215.pdf SFIN 1/27/2012 9:00:00 AM
SB 167
SB 167 Tangeman SFC 2-15-2012.pdf SFIN 1/27/2012 9:00:00 AM
SB 167