Legislature(2011 - 2012)SENATE FINANCE 532

03/19/2012 09:00 AM Senate FINANCE


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09:05:03 AM Start
09:06:12 AM SB192
10:54:42 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 192 OIL AND GAS PRODUCTION TAX RATES TELECONFERENCED
Heard & Held
+ Public Testimony TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                      March 19, 2012                                                                                            
                         9:05 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:05:03 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Stedman   called  the  Senate   Finance  Committee                                                                    
meeting to order at 9:05 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lesil McGuire, Vice-Chair                                                                                               
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator Thomas Wagoner; Senator Cathy Giessel;                                                                                  
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Maynard   Tapp,  Self,   Anchorage;  Brad   Lipscomb,  Self,                                                                    
Anchorage; Keith  Silver, Self, Anchorage; Ben  Packa, Self,                                                                    
Wasilla;  Carl Portman,  Self, Anchorage;  Beau Obrigewitch,                                                                    
Self,  Eagle River;  Tim  Coe,  CH2MHill, Anchorage;  Ginger                                                                    
Kane,   Project   Engineer,    CH2MHill,   Anchorage;   Dave                                                                    
Hopkinson,   Vice  President   of  Construction,   CH2MHill,                                                                    
Anchorage;  Jim Plaquet,  Self, Fairbanks;  Barbara Gazaway,                                                                    
Self, Anchorage;  Hal Gazaway,  Self, Anchorage;  Javen Ose,                                                                    
Self, Anchorage;  James Garhart,  Self, Matsu;  Tom Maloney,                                                                    
Alaska  Area  Manager,  CH2MHill, Anchorage;  Kati  Capozzi,                                                                    
Self,  Anchorage;  Jeff  Lentfer, Self,  Anchorage;  Winston                                                                    
Burbank, Self, Anchorage;  Renee Schofield, Self, Ketchikan;                                                                    
Joe   Beedle,   President,   Alaska   Bankers   Association,                                                                    
Anchorage; David  Sterin, Self,  Anchorage; Ken  Hall, Self,                                                                    
Fairbanks;  Tara  Sweeney,  Senior  Vice  President,  Arctic                                                                    
Slope  Regional  Corporation,  Anchorage; Rod  McCoy,  Self,                                                                    
Anchorage; Charles  Norton, Self, Anchorage;  Jim Udelhoven,                                                                    
Self,  Kasilof;   Mary  Nanuwork,  Self,   Anchorage;  Cathy                                                                    
Duxbury,  Anchorage,  Self;  Buzz Otis,  Self,  North  Pole;                                                                    
Caroline Bolar, Self, Anchorage;                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 192    OIL AND GAS PRODUCTION TAX RATES                                                                                      
                                                                                                                                
          SB 192 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
SENATE BILL NO. 192                                                                                                           
                                                                                                                                
     "An Act relating to the oil and gas production tax;                                                                        
     and providing for an effective date."                                                                                      
                                                                                                                                
9:06:12 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  noted  that  public  testimony  would  be                                                                    
limited to two  minutes per testifier and  should address SB
192 in a succinct manner.                                                                                                       
                                                                                                                                
9:08:00 AM                                                                                                                    
                                                                                                                                
MAYNARD   TAPP,   SELF,  ANCHORAGE   (via   teleconference),                                                                    
testified  against ACES.  He did  not think  it was  fair to                                                                    
take  billions  of  dollars  from   the  oil  producers  and                                                                    
observed  that  constitution  required  the  development  of                                                                    
Alaska's  resources. He  urged that  the problem  facing the                                                                    
state  was  not  short-term   gains,  but  long-term  fiscal                                                                    
health.                                                                                                                         
                                                                                                                                
9:09:30 AM                                                                                                                    
                                                                                                                                
BRAD   LIPSCOMB,  SELF,   ANCHORAGE  (via   teleconference),                                                                    
expressed  the need  for new  oil production  and related  a                                                                    
story from  his youth  about jobs that  were created  by the                                                                    
oil industry  in Anchorage. He  shared that he had  a degree                                                                    
in  global  logistics  management   and  that  it  had  been                                                                    
challenging  to find  employment  with the  oil industry  in                                                                    
Alaska. The  lack of  new oil production  made him  fear for                                                                    
the  future   of  Alaska's  job   force.  Without   new  oil                                                                    
production  in  the  state,  he  would  be  forced  to  seek                                                                    
employment in  places like North  Dakota. He  concluded that                                                                    
the  state could  not have  the highest  oil taxes  in North                                                                    
America and still expect to attract new capital.                                                                                
                                                                                                                                
9:12:05 AM                                                                                                                    
                                                                                                                                
KEITH   SILVER,   SELF,  ANCHORAGE   (via   teleconference),                                                                    
testified  against SB  192  and  in support  of  HB 110.  He                                                                    
stated that the bill did  not make meaningful changes in the                                                                    
progressivity formula.  He related that the  government take                                                                    
remained  too high  under  the new  CS for  SB  192 and  was                                                                    
worried  that  it  would   discourage  investment;  the  oil                                                                    
industry would simply invest in  other places that offered a                                                                    
better return. He  urged that the current  tax structure was                                                                    
designed to make  the state competitive when oil  was at $60                                                                    
to $80 per barrel and warned that ACES needed to be fixed.                                                                      
                                                                                                                                
9:14:25 AM                                                                                                                    
                                                                                                                                
BEN  PACKA, SELF,  WASILLA  (via teleconference),  testified                                                                    
against SB 192 and discussed  the challenges of entering the                                                                    
job market  in Alaska; it  had been hard to  find employment                                                                    
as an  engineer. The current  and proposed oil  tax policies                                                                    
made him concerned for the state's financial health.                                                                            
                                                                                                                                
9:15:52 AM                                                                                                                    
                                                                                                                                
CARL   PORTMAN,   SELF,  ANCHORAGE   (via   teleconference),                                                                    
testified  against   SB  192  and   urged  the   passage  of                                                                    
legislation  that  would  result  in  meaningful  reform  to                                                                    
Alaska's oil tax  regime. He defined meaningful  reform as a                                                                    
significant  change  that   would  improve  Alaska's  global                                                                    
position  in  attracting  the   investment  needed  to  stem                                                                    
decline and  increase long-term  production. He  shared that                                                                    
he  was willing  to accept  short-term losses  for long-term                                                                    
gains  and hoped  that  the committee  would  listen to  the                                                                    
investors.                                                                                                                      
                                                                                                                                
9:17:25 AM                                                                                                                    
                                                                                                                                
BEAU  OBRIGEWITCH, SELF,  EAGLE RIVER  (via teleconference),                                                                    
testified against  SB 192 and wanted  meaningful tax reform.                                                                    
He  noted that  the  paid consultants  Pedro  Van Meurs  and                                                                    
Gerald  Kepes had  both recommended  tax reductions  and was                                                                    
concerned that public did not  fully understand the positive                                                                    
impact  that the  oil industry  had on  the state.  He spoke                                                                    
about the growing operating budget  and pointed out that the                                                                    
oil industry  funded upwards  of 90  percent of  the state's                                                                    
budget.                                                                                                                         
                                                                                                                                
9:19:53 AM                                                                                                                    
                                                                                                                                
TIM  COE, CH2MHILL,  ANCHORAGE (via  teleconference), voiced                                                                    
his opposition of  SB 192 in its current form  and urged the                                                                    
committee to amend  the bill. He shared  concern that Alaska                                                                    
relied  so heavily  on oil  for  its revenue,  but that  the                                                                    
state's oil  production continued  to decline. He  urged the                                                                    
need   to  make   Alaska  competitive   in  attracting   new                                                                    
investments and  reverse the declining  oil flow.  He stated                                                                    
that Alaska  needed to increase  production for  our future,                                                                    
even if it sacrificed short-term fiscal gains.                                                                                  
                                                                                                                                
9:21:04 AM                                                                                                                    
                                                                                                                                
GINGER  KANE,  PROJECT  ENGINEER, CH2MHILL,  ANCHORAGE  (via                                                                    
teleconference), expressed opposition to  SB 192 and related                                                                    
a  personal story  about her  families' connection  with the                                                                    
oil  industry. She  pointed out  that it  was becoming  more                                                                    
difficult  to find  work in  Alaska. The  lack of  new North                                                                    
Slope production  related projects was her  main concern; in                                                                    
5 years  with CH2MHill  she had  worked on  a number  of oil                                                                    
related projects, but  none of them included  a new pipeline                                                                    
or a new production project.                                                                                                    
                                                                                                                                
9:22:54 AM                                                                                                                    
                                                                                                                                
DAVE  HOPKINSON, VICE  PRESIDENT OF  CONSTRUCTION, CH2MHILL,                                                                    
ANCHORAGE  (via teleconference),  spoke against  SB 192  and                                                                    
shared  that he  had been  working  in the  oil industry  in                                                                    
Alaska  since 1974.  During that  time, he  had worked  on a                                                                    
vast majority  of the major  North Slope projects  and noted                                                                    
that  the  current  outlook for  new  construction  work  in                                                                    
fabrication  and field  installation was  the lowest  he had                                                                    
seen  in Alaska.  A year  ago CH2MHill  had over  500 people                                                                    
working on new oil field  projects in Alaska, but today they                                                                    
had no  personnel working on new  oil projects; furthermore,                                                                    
there  were no  new oil  project developments  in Alaska  to                                                                    
deploy  their long-term  employees  to.  CH2MHill was  being                                                                    
forced to redeploy  personnel outside of Alaska  in order to                                                                    
keep  them employed.  He concluded  that increased  drilling                                                                    
would be beneficial to production.                                                                                              
                                                                                                                                
9:25:34 AM                                                                                                                    
                                                                                                                                
JIM   PLAQUET,   SELF,   FAIRBANKS   (via   teleconference),                                                                    
testified  against  SB  192  and  stated  that  it  did  not                                                                    
encourage new  production. He  agreed with  Governor Parnell                                                                    
that the  legislature needed to address  production taxes in                                                                    
order to  spur investment.   He said  that today's  high oil                                                                    
prices  should  be  leading  to  new  investment,  but  that                                                                    
investment   was  not   occurring  because   ACES  did   not                                                                    
incentivize new investment  when the price of  oil was high.                                                                    
He was  worried that the  government take remained  too high                                                                    
under  the  new CS  for  SB  192  and  that it  would  deter                                                                    
investment.                                                                                                                     
                                                                                                                                
9:28:09 AM                                                                                                                    
                                                                                                                                
BARBARA  GAZAWAY,  SELF,   ANCHORAGE  (via  teleconference),                                                                    
expressed her  support of  amending SB  192 and  stated that                                                                    
ACES  was  not  performing  as  it  should.  She  urged  the                                                                    
committee to spend  as much time as was necessary  on SB 192                                                                    
to make well informed, reasonable  changes that were fair to                                                                    
both the state and industry.                                                                                                    
                                                                                                                                
9:30:10 AM                                                                                                                    
                                                                                                                                
HAL   GAZAWAY,   SELF,   ANCHORAGE   (via   teleconference),                                                                    
testified  in support  of SB  192 and  offered that  it more                                                                    
than adequately addressed the  criticism of progressivity in                                                                    
ACES at higher  oil prices. He stated  that other criticisms                                                                    
were  false or  fabricated by  oil producers.  He said  that                                                                    
under ELF, the rate of  oil production decline had continued                                                                    
and pointed out that even under  the proposed HB 110 the oil                                                                    
companies would  not agree  to stop  the rate  of production                                                                    
decline; furthermore,  decline was  a natural  phenomenon in                                                                    
oil fields and was a result of the lack in development.                                                                         
                                                                                                                                
9:33:11 AM                                                                                                                    
                                                                                                                                
JAVEN OSE,  SELF, ANCHORAGE (via  teleconference), testified                                                                    
against  SB  192  and  stated  that  ACES  was  working.  He                                                                    
remarked that Alaska should exercise its sovereignty.                                                                           
                                                                                                                                
9:34:11 AM                                                                                                                    
                                                                                                                                
JAMES GARHART,  SELF, MATSU (via  teleconference), expressed                                                                    
his  support  for rebates  to  oil  producers and  that  the                                                                    
rebates  could be  a percentage  that was  dependent on  the                                                                    
producers reaching a certain level of production.                                                                               
                                                                                                                                
9:36:55 AM                                                                                                                    
                                                                                                                                
TOM MALONEY,  ALASKA AREA MANAGER, CH2MHILL,  ANCHORAGE (via                                                                    
teleconference),  testified for  the passage  of legislation                                                                    
that encouraged new production and  stated that in the past,                                                                    
DOR  had been  frequently over  estimating income  and under                                                                    
estimating expenses.  He indicated that in  Alaska's current                                                                    
investment climate  the investors  took nearly all  the risk                                                                    
and downside,  while the state  took almost all  the upside.                                                                    
He urged the need for more oil production.                                                                                      
                                                                                                                                
9:40:02 AM                                                                                                                    
                                                                                                                                
KATI   CAPOZZI,   SELF,  ANCHORAGE   (via   teleconference),                                                                    
expressed opposition  of SB 192  and stated that it  did not                                                                    
make  the  meaningful changes  that  the  state needed.  She                                                                    
pointed out  that the  evidence showed that  SB 192  was not                                                                    
the answer.                                                                                                                     
                                                                                                                                
9:41:20 AM                                                                                                                    
                                                                                                                                
JEFF   LENTFER,   SELF,  ANCHORAGE   (via   teleconference),                                                                    
testified against SB  192 as it was written  and stated that                                                                    
other  business  owners  were  concerned  that  it  did  not                                                                    
achieve  the  type of  tax  reforms  necessary to  stimulate                                                                    
investment. He  observed that the  film tax credit  had been                                                                    
effective  in  increasing  film  activities  in  Alaska  and                                                                    
thought the same concept also  applied to oil production. He                                                                    
was in favor  of amending SB 192 to  increase development or                                                                    
"better yet" supported HB 110.                                                                                                  
                                                                                                                                
9:43:35 AM                                                                                                                    
                                                                                                                                
WINSTON  BURBANK,  SELF,   ANCHORAGE  (via  teleconference),                                                                    
urged the  need to incentivize oil  corporations to increase                                                                    
production. He  stated that an oil  company's main objective                                                                    
was  to   gain  profit   for  its   shareholders;  companies                                                                    
evaluated the  economics on  a global  level and  Alaska was                                                                    
less competitive when compared other areas.                                                                                     
                                                                                                                                
9:45:45 AM                                                                                                                    
                                                                                                                                
RENEE  SCHOFIELD,  SELF,   KETCHIKAN  (via  teleconference),                                                                    
testified against SB  192 and related the  need to encourage                                                                    
new development  and maintain oil  revenue. She  pointed out                                                                    
that  oil revenue  enabled many  of  the essential  services                                                                    
that she and her family enjoyed in Ketchikan.                                                                                   
                                                                                                                                
9:46:58 AM                                                                                                                    
                                                                                                                                
JOE   BEEDLE,   PRESIDENT,   ALASKA   BANKERS   ASSOCIATION,                                                                    
ANCHORAGE (via teleconference),  urged support of amendments                                                                    
to  SB  192  that  would  motivate  oil  producers  increase                                                                    
investment.  He stated  that normally,  he  was an  optimist                                                                    
about  Alaska's  business  and   growth  potential.  He  was                                                                    
cautious  about the  future of  Alaska's sustained  economic                                                                    
growth  and   warned  that  SB  192   needed  amendments  to                                                                    
incentivize oil  production. He  stressed the  importance of                                                                    
the  oil   industry  to  Alaska's  economy   and  hoped  the                                                                    
legislature  would   prioritize  the  long-term   health  of                                                                    
Alaska.                                                                                                                         
                                                                                                                                
9:50:10 AM                                                                                                                    
                                                                                                                                
DAVID   STERIN,   SELF,  ANCHORAGE   (via   teleconference),                                                                    
expressed  his opposition  of SB  192 and  offered that  the                                                                    
state was only  in harvest mode because  legislation like SB
192 and  ACES forced the oil  producers to grab all  the oil                                                                    
while  they  could.  He  said that  members  of  the  Alaska                                                                    
Legislature had  asserted that there  was nothing  the state                                                                    
could  do to  stem  decline; however,  he  pointed out  that                                                                    
Texas  had   slowed,  reversed,  and  had   plateaued  their                                                                    
production curve.  He discussed all the  government services                                                                    
that  were enabled  by oil  money  and warned  that the  oil                                                                    
industry employed one third of state.                                                                                           
                                                                                                                                
9:52:43 AM                                                                                                                    
                                                                                                                                
KEN  HALL, SELF,  FAIRBANKS (via  teleconference), testified                                                                    
against SB  192 and urged  that the state  needed meaningful                                                                    
legislation that  would capitalize on the  industry. He felt                                                                    
that   SB  192   fell  short   in  increasing   exploration,                                                                    
development,  and production  of  oil. He  warned that  real                                                                    
changes  need to  be made,  but  did not  want to  sacrifice                                                                    
short-term investment for long-term gains for the state.                                                                        
                                                                                                                                
9:55:10 AM                                                                                                                    
                                                                                                                                
TARA SWEENEY,  SENIOR VICE PRESIDENT, ARCTIC  SLOPE REGIONAL                                                                    
CORPORATION, ANCHORAGE  (via teleconference),  expressed her                                                                    
opposition  of  SB 192  and  shared  the importance  of  the                                                                    
Arctic  Slope Regional  Corporation's  partnership with  the                                                                    
oil and gas industry. She pointed  out that the bill did not                                                                    
go far  enough to  stimulate new  investment. She  urged the                                                                    
need  for  training  and employment  opportunities  for  all                                                                    
Alaskans and stated  that HB 110 was the only  bill that had                                                                    
the industry's support.                                                                                                         
                                                                                                                                
9:58:51 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
10:05:39 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
10:06:20 AM                                                                                                                   
                                                                                                                                
ROD MCCOY,  SELF, ANCHORAGE (via  teleconference), expressed                                                                    
his support  of SB 192 and  said that he did  not support HB
110. He stated that our taxes  were right in the middle when                                                                    
compared  to other  regimes and  warned  that the  political                                                                    
climate  in  Alaska was  heavily  controlled  by high  money                                                                    
interests.                                                                                                                      
                                                                                                                                
10:09:19 AM                                                                                                                   
                                                                                                                                
CHARLES  NORTON,   SELF,  ANCHORAGE   (via  teleconference),                                                                    
voiced his  support of SB 192  and offered that HB  110 gave                                                                    
away too much money to the oil corporations.                                                                                    
                                                                                                                                
10:10:05 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:23:14 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
10:23:42 AM                                                                                                                   
                                                                                                                                
JIM   UDELHOVEN,   SELF,   KASILOF   (via   teleconference),                                                                    
testified  in opposition  of SB  192 and  shared his  belief                                                                    
that the legislation would not  create jobs. He supported HB
110 and thought that it  would stimulate new development and                                                                    
would result in more jobs. He  observed that this was a very                                                                    
important decision for Alaska's future.                                                                                         
                                                                                                                                
10:25:14 AM                                                                                                                   
                                                                                                                                
MARY NANUWORK, SELF,  ANCHORAGE (via teleconference), voiced                                                                    
his  opposition to  SB 192  and pointed  out that  lawmakers                                                                    
spent too  much time  trying to  solve oil  related problems                                                                    
that were  not getting solved.  She shared that in  the past                                                                    
the state had not worked  well with native peoples and urged                                                                    
lawmakers to  do a  better job with  that aspect.  She noted                                                                    
that native  peoples were  in touch with  the land  and were                                                                    
more aware  of problems on  the North Slope; she  hoped they                                                                    
would be consulted more in the future.                                                                                          
                                                                                                                                
10:29:44 AM                                                                                                                   
                                                                                                                                
CATHY   DUXBURY,  ANCHORAGE,   SELF  (via   teleconference),                                                                    
testified in opposition  of SB 192 and urged  the passage of                                                                    
HB  110. She  thought  that supporting  the producers  would                                                                    
encourage  long-term growth  for  Alaska  and mentioned  the                                                                    
need for more jobs in the state.                                                                                                
                                                                                                                                
10:31:30 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:48:05 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
10:48:14 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  reminded the  public that  testimony would                                                                    
resume in the afternoon meeting.                                                                                                
                                                                                                                                
10:48:36 AM                                                                                                                   
                                                                                                                                
BUZZ OTIS, SELF, NORTH  POLE (via teleconference), testified                                                                    
in opposition  of SB  192 and  stated that  Alaska was  at a                                                                    
crossroads; the interior  of the state was  suffering from a                                                                    
loss of  jobs, high electrical  costs, and high  fuel costs.                                                                    
He said  that Alaska was  a resource state and  stressed the                                                                    
need for  tax legislation that encouraged  development in an                                                                    
environmentally  friendly way.  He  suggested  that any  new                                                                    
legislation should encourage more production.                                                                                   
                                                                                                                                
10:51:03 AM                                                                                                                   
                                                                                                                                
CAROLINE  BOLAR,   SELF,  ANCHORAGE   (via  teleconference),                                                                    
expressed her  support of maintaining  ACES and  pointed out                                                                    
that the  state needed  assurances from  the oil  and mining                                                                    
industries  that they  would produce.  She  noted that  many                                                                    
Alaskans did  not understand  that oil  was a  resource that                                                                    
belonged  to  the  whole  state   and  urged  that  the  oil                                                                    
companies did not own the resource.                                                                                             
                                                                                                                                
                                                                                                                                
10:54:33 AM                                                                                                                   
SB 192 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:54:42 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:54 AM.                                                                                          
                                                                                                                                
                                                                                                                                

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