Legislature(2011 - 2012)SENATE FINANCE 532

04/04/2012 01:30 PM Senate FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
--Please Note Time Change --
+= SB 192 OIL AND GAS PRODUCTION TAX RATES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 203 ENERGY ASSISTANCE PROGRAM & VOUCHERS TELECONFERENCED
Moved CSSB 203(FIN) Out of Committee
                 SENATE FINANCE COMMITTEE                                                                                       
                       April 4, 2012                                                                                            
                         2:05 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
2:05:52 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 2:05 p.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                                                                                                                  
                                                                                                                                
Janak Mayer, Manager, Upstream and Gas, PFC Energy;                                                                             
Catherine Reardon, Staff, Senator Joe Thomas.                                                                                   
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 192    OIL AND GAS PRODUCTION TAX RATES                                                                                      
                                                                                                                                
          SB 192 was HEARD and HELD in Committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
SB 203    ENERGY ASSISTANCE PROGRAM & VOUCHERS                                                                                  
                                                                                                                                
          CSSB 203(FIN)  was REPORTED out of  Committee with                                                                    
          two new  fiscal impact  notes from  the Department                                                                    
          of  Revenue and  one new  fiscal impact  note from                                                                    
          the Department of Administration.                                                                                     
                                                                                                                                
SENATE BILL NO. 203                                                                                                           
                                                                                                                                
     "An Act  establishing an  energy assistance  program in                                                                    
     the Department  of Revenue to  issue an  energy voucher                                                                    
     to  Alaska  permanent  fund  dividend  recipients;  and                                                                    
     relating  to  the  analysis and  recommendation  of  an                                                                    
     energy assistance program by the governor."                                                                                
                                                                                                                                
2:06:40 PM                                                                                                                    
                                                                                                                                
Co-Chair   Hoffman  MOVED   to   ADOPT  proposed   committee                                                                    
substitute  for SB  203,  Work  Draft 27-LS1363\E,  (Nauman,                                                                    
4/3/12).   Co-Chair   Stedman   OBJECTED  for   purpose   of                                                                    
discussion.                                                                                                                     
                                                                                                                                
2:07:22 PM                                                                                                                    
                                                                                                                                
Senator Thomas explained that SB  203 would provide Alaskans                                                                    
with  relief from  the  effects of  high  2011 energy  costs                                                                    
through  distribution of  energy vouchers  in the  fall. The                                                                    
voucher program  would recognize  and address  the disparate                                                                    
cost  of  energy depending  on  the  type  of fuel  and  the                                                                    
community in  which it was  used. The bill would  direct the                                                                    
governor to  evaluate options and make  a recommendation for                                                                    
the best energy relief program to be instituted in FY 14.                                                                       
                                                                                                                                
Senator Thomas  noted that the  current work  draft, version                                                                    
E, incorporated  suggestions made  by the Department  of Law                                                                    
and the  Alaska Housing  Finance Corporation (AHFC)  for the                                                                    
purpose of addressing legal issues.                                                                                             
                                                                                                                                
2:08:18 PM                                                                                                                    
                                                                                                                                
CATHERINE REARDON, STAFF, SENATOR  JOE THOMAS, explained the                                                                    
changes to the legislation.  With one exception, the changes                                                                    
included in the  CS had been suggested by  the Department of                                                                    
Law or  AHFC in order  to address legal  concerns. The three                                                                    
substantive changes were:                                                                                                       
                                                                                                                                
        1. Allow people who did not apply for the 2012                                                                          
          Permanent  Fund  Dividend  (PFD), but  would  have                                                                    
          qualified for  that PFD,  to apply  separately for                                                                    
          the  energy voucher.  Many veterans  do not  apply                                                                    
          for  the   PFD  to   avoid  reductions   in  their                                                                    
          veterans'  benefits.  This amendment  would  allow                                                                    
          them as well  as others to receive  the voucher. A                                                                    
          voucher denial appeal process was also provided;                                                                      
                                                                                                                                
        2. Expand the hold-harmless section to cover                                                                            
          reductions   in   federal  supplemental   security                                                                    
          income (SSI) benefits  and food assistance through                                                                    
          WIC (Women, Infants and  Children) and the federal                                                                    
          Commodity  Supplemental Food  program. The  change                                                                    
          would result in a  fiscal note from the Department                                                                    
          of Health and Social Services; and                                                                                    
                                                                                                                                
        3. Add 31 million British thermal units of hot water                                                                    
          or steam  district heat  to the  voucher. District                                                                    
          heat is  piped to houses in  downtown Fairbanks in                                                                    
          a manner  similar to  natural gas  distribution in                                                                    
          Anchorage.     Thirty-one    mmbtu     represented                                                                    
          approximately 2  months of  district heat  used by                                                                    
          the  average residential  consumer, which  was the                                                                    
          focus of the voucher.                                                                                                 
                                                                                                                                
2:09:50 PM                                                                                                                    
                                                                                                                                
Ms. Reardon observed that there were four minor technical                                                                       
changes:                                                                                                                        
                                                                                                                                
        1. Changing "state" to "corporation" on page 2,                                                                         
          lines 23 & 29 to  clarify that AHFC is responsible                                                                    
          for issuing  voucher payments to  distributors and                                                                    
          for  receiving  any  unused  voucher  credit  when                                                                    
          utility accounts are closed;                                                                                          
                                                                                                                                
        2. Specifically  authorizing   the   Department   of                                                                    
          Revenue to  share the physical addresses,  as well                                                                    
          as the  mailing addresses, of PFD  applicants with                                                                    
          AHFC for  the purpose of administering  the energy                                                                    
         voucher program, on page 7, lines 22-23;                                                                               
                                                                                                                                
        3. Inserting "physical" in the eight locations where                                                                    
          the  bill   refers  to  the   voucher  recipient's                                                                    
          "primary residence in the state."   The purpose of                                                                    
          this  change   is  to  clarify  that   the  energy                                                                    
          provided by the voucher must  be used in the place                                                                    
          the recipient physically occupies; and                                                                                
                                                                                                                                
        4. Replacing "incompetent" with "incapacitated" in                                                                      
          subsections  (j) and  (k), which  relate to  legal                                                                    
          guardians signing  vouchers for people  who cannot                                                                    
          act on their own behalf.                                                                                              
                                                                                                                                
Ms.  Reardon concluded  that  "incapacitated"  would be  the                                                                    
more  appropriate term.  A definition  of incapacitated  had                                                                    
been incorporated into the bill.                                                                                                
                                                                                                                                
2:11:14 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, Work Draft 27-LS1363\E was ADOPTED.                                                                          
                                                                                                                                
Senator  Thomas  explained that  the  bill  would allow  the                                                                    
opportunity for an energy voucher  that could be turned into                                                                    
a verified  registered dealer that  dealt in natural  gas or                                                                    
fuel  oil on  a  regular basis.  The  Alaska Permanent  Fund                                                                    
Corporation (APFC) would provide data  to AHFC to keep track                                                                    
of  vouchers, which  would  be  sent to  the  head of  every                                                                    
household throughout  the state.  The voucher  would provide                                                                    
compensation  for  heating   costs  that  individuals  could                                                                    
submit to their  supplier. Most of the  natural gas supplied                                                                    
in Anchorage was through Enstar.  The Alaska Housing Finance                                                                    
Corporation would administer  the multiple distributors that                                                                    
supplied  fuel  oil throughout  other  areas  of the  state.                                                                    
Distributors would  be able to create  accounts, which would                                                                    
simplify  the  process.  The maximum  amount  would  be  250                                                                    
gallons of fuel  oil. Those that did not use  fuel oil could                                                                    
seek a $250 payment in lieu of fuel.                                                                                            
                                                                                                                                
2:13:39 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman reviewed the  three new fiscal impact notes                                                                    
attached to the bill: Department  of Revenue for $15 million                                                                    
in  CIP receipts  for FY  13 and  10 full-time  positions to                                                                    
administer  the  program (The  fiscal  note  assumed a  $465                                                                    
million appropriation  in the  FY 13  capital budget  to pay                                                                    
for vouchers);  Department of Revenue for  $219,000 from the                                                                    
Alaska  Permanent   Fund  Dividend  Division  and   two  new                                                                    
temporary positions  for increases  in appeals  and auditing                                                                    
expenses; and  Department of Administration for  $113,600 in                                                                    
interagency  receipts   for  the  anticipated   increase  in                                                                    
administrative hearings.                                                                                                        
                                                                                                                                
2:14:38 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  MOVED  to report  CSSB  203(FIN)  out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSSB 203(FIN)  was REPORTED  out of  Committee with  two new                                                                    
fiscal impact notes  from the Department of  Revenue and one                                                                    
new   fiscal   impact   note    from   the   Department   of                                                                    
Administration.                                                                                                                 
                                                                                                                                
2:15:14 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:18:56 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 192                                                                                                           
                                                                                                                                
     "An Act relating to the oil and gas production tax;                                                                        
     and providing for an effective date."                                                                                      
                                                                                                                                
Co-Chair Stedman noted that  an expenditure had accidentally                                                                    
been included twice in the  PFC Energy morning presentation,                                                                    
which,  moved  a  $150  million net  in  the  numerics.  The                                                                    
updated presentation adjusted  the progressivity trigger and                                                                    
held  revenue constant  at $100  per  barrel in  FY 13.  The                                                                    
intent was  to hold  revenue neutral  below $100  per barrel                                                                    
(not  including the  $40 floor).  The progressivity  trigger                                                                    
was lowered by $5, the upper  level was increased by $5, and                                                                    
the slope was  increased from 0.25 percent  to 0.27 percent.                                                                    
He  summarized that  revenue was  neutral at  0.275 percent,                                                                    
but the number had been rounded up to 0.27 percent.                                                                             
                                                                                                                                
4:21:11 PM                                                                                                                    
                                                                                                                                
JANAK  MAYER,   MANAGER,  UPSTREAM  AND  GAS,   PFC  ENERGY,                                                                    
CONTRACT, LEGISLATIVE  BUDGET and AUDIT  COMMITTEE, provided                                                                    
members  with  PowerPoint  presentation  titled  "Discussion                                                                    
Slides:  Alaska Senate  Finance  Committee"  dated April  4,                                                                    
2012 (the presentation was updated  from the morning meeting                                                                    
version  with the  same name)  (copy on  file). He  compared                                                                    
revenue  from production  tax and  cash  to companies  under                                                                    
Alaska's Clear  and Equitable  Share (ACES),  CSSB 192(FIN),                                                                    
and HB 110.                                                                                                                     
                                                                                                                                
Mr.  Mayer  outlined  the   thresholds  of  the  progressive                                                                    
severance tax  on gross  option as adjusted  to match  FY 13                                                                    
numbers  at   the  $100  price  per   barrel.  The  proposed                                                                    
Progressive   Severance   Tax   would  use   the   following                                                                    
parameters:                                                                                                                     
                                                                                                                                
   · No severance tax below $60 Gross Value at Point of                                                                         
     Production (GVPP);                                                                                                         
                                                                                                                                
   · Progressivity of .27 percent commencing at a threshold                                                                     
     of $60 GVPP;                                                                                                               
                                                                                                                                
   · At $120 GVPP, a tax rate of 16.2 percent is reached.                                                                       
     At this point, progressivity is reduced to 0.03                                                                            
     percent; and                                                                                                               
                                                                                                                                
   · Progressivity is capped at 20 percent.                                                                                     
                                                                                                                                
Mr. Mayer referred to the  graphs on slide 3, which compared                                                                    
revenue under ACES, CSSB 192(FIN),  and HB 110. He concluded                                                                    
that revenue from  the severance scenario would  be close to                                                                    
that  of  the  production  tax   at  $100  per  barrel.  The                                                                    
comparable revenue  diverged at the $120  per barrel market,                                                                    
which  became more  significant  as  price increased  beyond                                                                    
that point.                                                                                                                     
                                                                                                                                
4:23:26 PM                                                                                                                    
                                                                                                                                
Mr. Mayer noted that slide  4 compared total state and total                                                                    
government take  under ACES, CSSB  192(FIN), and HB  110. He                                                                    
observed that  production tax  at $100  per barrel  would be                                                                    
$3.628 billion  under ACES versus $3.577  billion under CSSB
192(FIN). The total  state take at $100 per  barrel would be                                                                    
$7.629 billion  under ACES compared to  $7.582 billion under                                                                    
CSSB 192(FIN).                                                                                                                  
                                                                                                                                
4:24:35 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman referred  to the  cash that  oil companies                                                                    
would receive when  oil prices were high  and concluded that                                                                    
one billion dollars would be  "passed back" when prices were                                                                    
under $70 per  barrel (between ACES and  CSSB 192(FIN)). Mr.                                                                    
Mayer responded in the affirmative.                                                                                             
                                                                                                                                
Co-Chair Hoffman  pointed out that revenue  to oil companies                                                                    
would increase to $1.7 billion at $200 per barrel.                                                                              
                                                                                                                                
Co-Chair  Stedman  concluded  that  the change  in  cash  to                                                                    
companies [ACES compared to CSSB  192(FIN)] would be: $31 at                                                                    
$100 per  barrel; $92 million  at $110 per barrel;  and $180                                                                    
million  at   $120  per  barrel.  He   reviewed  changes  in                                                                    
government take  at different prices [ACES  compared to CSSB
192 (FIN)].  Government take [under CSSB  192 (FIN) compared                                                                    
to ACES]  would be: down  $5 million  at $90 per  barrel; up                                                                    
$12 million  at $80 per barrel;  down $7 million at  $70 per                                                                    
barrel;  down $92  million  at $110  per  barrel; down  $180                                                                    
million at  $120 per barrel;  and down $340 million  at $130                                                                    
per  barrel.   He  added  that   numbers  would   change  as                                                                    
expenditures  changed and  time  ensued.  He concluded  that                                                                    
expenditures [under ACES] would  change as prices increased.                                                                    
He  did not  expect  that [the  spread  of government  take]                                                                    
would  materialize at  $200  per  barrel since  expenditures                                                                    
underneath would  advance. He stressed that  the comparisons                                                                    
were as close as they could achieve.                                                                                            
                                                                                                                                
Co-Chair Stedman  noted that a  comparison had been  made to                                                                    
HB 110 for discussion purposes.                                                                                                 
                                                                                                                                
4:28:30 PM                                                                                                                    
                                                                                                                                
Mr. Mayer  noted that  slide 6 showed  the same  numbers [as                                                                    
slide  5]  adjusted down  by  $400  million to  account  for                                                                    
credits not claimed against current production.                                                                                 
                                                                                                                                
Mr. Mayer noted  that slide 7 addressed issues  with the tax                                                                    
floor for  large fields. There were  significant issues with                                                                    
specifying any  tax floor regardless  of the level  set. The                                                                    
language in CSSB 192(FIN) addressed  the tax floor for large                                                                    
fields:  fields  that  had   produced  one  billion  barrels                                                                    
cumulatively  and 100,000  barrels  per day  in the  current                                                                    
year.                                                                                                                           
                                                                                                                                
Mr. Mayer observed that the  intent had been to simplify and                                                                    
get away from accounting  for costs separately for different                                                                    
streams  of  production, which  was  done  for oil  and  gas                                                                    
decoupling  by taking  progressivity out  of the  net profit                                                                    
tax and  substituting gross profit  tax. He  speculated that                                                                    
costs would  have to be  calculated if a  particular minimum                                                                    
floor  was leveled  only  on particular  assets  and not  on                                                                    
others. He suggested  that [the tax floor]  created an issue                                                                    
related to  multiple streams of cost  accounting for diverse                                                                    
assets for different producers.                                                                                                 
                                                                                                                                
Mr. Mayer  observed that the  100 mb/d (million  barrels per                                                                    
day)  production threshold  had the  potential to  create an                                                                    
undesirable incentive.  He noted that Kuparuk  was only four                                                                    
years  away from  meeting the  threshold. He  concluded that                                                                    
the  floor was  not a  significant incentive  given that  it                                                                    
only applied at  very low price levels that  were not highly                                                                    
likely  in  the  near  future.  He  noted  that  making  the                                                                    
distinction at the company level  instead of the asset level                                                                    
would be  easier administratively.  He concluded  that small                                                                    
producers  could be  exempted if  the desire  was to  ensure                                                                    
that they  would not face  the floor, instead of  making the                                                                    
distinction on the asset basis.                                                                                                 
                                                                                                                                
4:32:05 PM                                                                                                                    
                                                                                                                                
Mr. Mayer  spoke to  incentives for  new production  and the                                                                    
possibility of incentivizing  new production associated with                                                                    
plans of development during the  regulatory process. He felt                                                                    
there were  difficulties with the approach  of incentivizing                                                                    
new production above a fixed  decline rate and that the same                                                                    
outcome could be achieved with  greater simplicity. He spoke                                                                    
to a reduced rate of  the progressive severance tax on gross                                                                    
for  new  production  and modeled  a  progressivity  of  .05                                                                    
percent commencing at a threshold  of $60 gross value at the                                                                    
point of production (GVPP) and capped at 5 percent.                                                                             
                                                                                                                                
Mr. Mayer  observed that taxation on  incremental production                                                                    
from existing  fields above a  fixed decline rate  could not                                                                    
have a  specific limit of  time in  the same way  because it                                                                    
would  be  difficult  to identify  a  particular  stream  of                                                                    
production  begun  at  a specific  time.  He  suggested  one                                                                    
option would  be an intermediate  regime with no  time limit                                                                    
for incremental production, for instance:                                                                                       
                                                                                                                                
   · Progressivity of .14 percent commencing at a threshold                                                                     
     of $60 GVPP                                                                                                                
                                                                                                                                
   · At $120 GVPP, a tax rate of 8.4 percent is reached. At                                                                     
     this point, progressivity is reduced to 0.03 percent                                                                       
                                                                                                                                
   · Progressivity is capped at 10 percent                                                                                      
                                                                                                                                
4:34:31 PM                                                                                                                    
                                                                                                                                
Mr.  Mayer reviewed  how the  production  decline curve  was                                                                    
calculated on  slide 9: Production  Above a Decline  - Fixed                                                                    
v. Annual  Calculation. He discussed the  difference between                                                                    
performing an  annual calculation  (based on the  prior year                                                                    
and  a target  that was  slightly  less based  on a  rolling                                                                    
average decline)  and setting a  fixed point (based  on 2011                                                                    
production figures and applying  a company-wide decline rate                                                                    
for  any   given  producer).  The   fixed  point   would  be                                                                    
determined by forecasting the  curve forward; any production                                                                    
above the  amount would be incentivized  and would represent                                                                    
a  meaningful  benefit  that  would  not  be  shown  if  the                                                                    
calculation was redone  on an annual basis.  He continued to                                                                    
address the  decline rate and  referred to  legislation that                                                                    
had  been  introduced  by Senator  Tom  Wagoner  related  to                                                                    
decline rate  calculation; the methodology could  be applied                                                                    
in 2011  looking back  to 2009  and rather  than calculating                                                                    
the  rate on  each year's  production it  could be  extended                                                                    
forward.                                                                                                                        
                                                                                                                                
4:36:15 PM                                                                                                                    
                                                                                                                                
Mr.  Mayer concluded  with slide  10: Total  Government Take                                                                    
Comparison   Including  New   Production  Incentives."   The                                                                    
government take comparison for FY  13 related to the overall                                                                    
rate for  mature production  included: ACES,  CSSB 192(FIN),                                                                    
CSSB  192(FIN) (incremental  production  10 percent  maximum                                                                    
progressivity),  CSSB  192(FIN)  (new production  2  percent                                                                    
maximum progressivity,  CSSB 192  (new production  5 percent                                                                    
maximum  progressivity),   CSSB  192  (new   production,  no                                                                    
progressivity),  HB 110,  and HB  110 (new  production). The                                                                    
chart  provided a  look  at government  take  for any  given                                                                    
year.                                                                                                                           
                                                                                                                                
Co-Chair  Stedman  communicated   that  development  of  the                                                                    
language  related to  incremental  production was  currently                                                                    
underway. He discussed work that  was in progress related to                                                                    
the mechanics of the statutes.                                                                                                  
                                                                                                                                
4:38:57 PM                                                                                                                    
                                                                                                                                
Senator  Ellis   asked  several  questions  that   had  been                                                                    
provided by  another Senate majority  member. He  pointed to                                                                    
the revenue  comparisons on slide  4 of the  morning meeting                                                                    
presentation  (Discussion  Slides:   Alaska  Senate  Finance                                                                    
Committee,  April 4,  2012); the  slides  assumed a  certain                                                                    
amount of  oil production.  The oil production  numbers were                                                                    
derived  from the  Department of  Revenue Fall  Source Book,                                                                    
which showed the FY 13  forecast was for 550,000 barrels per                                                                    
day (page 31).  He asked whether any of  the 550,000 barrels                                                                    
per  day would  be counted  as  new oil  under the  proposed                                                                    
concept. He wondered which sources  would be new (using page                                                                    
101 of the  source book as a reference).  He queried whether                                                                    
the  revenue  comparisons on  slide  4  took the  data  into                                                                    
account.                                                                                                                        
                                                                                                                                
Mr.  Mayer  responded  that  the  revenue  comparisons  were                                                                    
generated on  the maximum rate  that applied  to everything.                                                                    
One issue  was how  to treat new  production from  new areas                                                                    
that did  not have three  years of historical  production on                                                                    
which  to  base  the  decline and  did  not  have  declining                                                                    
production. He relayed  that one option would  be to include                                                                    
the  new  areas  in  the   new  production  components.  The                                                                    
specific data  was only for  a period  of a couple  of years                                                                    
and the projects  were mainly high cost, which  could face a                                                                    
more  significant tax  burden at  current  prices under  the                                                                    
gross  tax option.  He  opined that  under  the scenario  an                                                                    
adjustment to the  revenue figure would probably  need to be                                                                    
made.                                                                                                                           
                                                                                                                                
4:41:29 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  surmised  that the  adjustment  would  be                                                                    
relatively minor  given the 450,000  barrels out  of 600,000                                                                    
coming  out of  Prudhoe  Bay and  Kuparuk.  He relayed  that                                                                    
there  was  a   struggle  to  determine  how   to  work  the                                                                    
particular  incremental.  Petroleum   consultant  Pedro  van                                                                    
Meurs and PFC  had suggested that the  committee address the                                                                    
incremental production  out of  the legacy  fields; however,                                                                    
it was  a policy call.  He opined  that it was  necessary to                                                                    
address an  incentive for  incremental production  above the                                                                    
decline  curve on  the legacy  fields. He  relayed that  the                                                                    
committee would want  to look at a projection  if it decided                                                                    
to  use a  specific  algorithm, especially  if 2009  through                                                                    
2011 were  used as  a base to  project forward.  He wondered                                                                    
how the data would look compared  to 2012 and 2013 and where                                                                    
the mathematical  line would come to  the projections looked                                                                    
at by the committee.                                                                                                            
                                                                                                                                
Co-Chair Stedman  discussed that the  incremental production                                                                    
cap  of  10  percent  was essentially  a  reduction  in  the                                                                    
progressivity to .14 percent, which  had been cut in half to                                                                    
.27 percent. He  addressed the magnitude of  going from zero                                                                    
to  nothing; it  was  a numeric  that would  be  set by  the                                                                    
committee. He relayed that a number  would need to be on the                                                                    
table  for people  to  have a  good feel  for;  it could  be                                                                    
anywhere   from    no   incremental   incentive    to   zero                                                                    
progressivity.  He opined  that zero  progressivity was  too                                                                    
extreme.  He  expressed  his  desire   to  have  input  from                                                                    
committee  members.  He  concluded  that  it  was  a  linear                                                                    
relationship and that different  increments could be used if                                                                    
members  were interested;  the base  progressivity began  at                                                                    
.27 percent.  There were some  increments that went  down to                                                                    
zero,  but he  wondered what  the  base rate  of 25  percent                                                                    
would be at that level.                                                                                                         
                                                                                                                                
4:44:58 PM                                                                                                                    
                                                                                                                                
Senator Olson pointed  to slide 10 and  questioned what made                                                                    
up the new production  incentive calculations other than tax                                                                    
credits. Mr.  Mayer responded that the  comparison looked at                                                                    
lower taxation rates for new  production and their impact on                                                                    
government take.                                                                                                                
                                                                                                                                
Senator  Olson asked  for verification  that the  comparison                                                                    
did not  include tax  credits. Mr.  Mayer answered  that the                                                                    
model included the 20 percent capital credit.                                                                                   
                                                                                                                                
Co-Chair  Stedman  added  that progressivity  was  the  only                                                                    
component that changed in the  model on slide 10. The number                                                                    
could  be increased  or decreased.  He  reiterated that  PFC                                                                    
could run  the model with  a different numeric  if committee                                                                    
members were interested.                                                                                                        
                                                                                                                                
4:46:36 PM                                                                                                                    
                                                                                                                                
Senator  McGuire wondered  whether new  production with  a 2                                                                    
percent  maximum progressivity  or  new  production with  no                                                                    
progressivity was easier to  administer. Mr. Mayer clarified                                                                    
that removing  the progressive tax  took one element  of the                                                                    
tax  out  and made  things  slightly  simpler; however,  the                                                                    
progressive tax calculation  only required production volume                                                                    
and price and was not administratively complex.                                                                                 
                                                                                                                                
Senator McGuire asked for copies  of past slides that showed                                                                    
cash  flows  with  government  take  and  industry  take  at                                                                    
different ranges  (fields producing 200,000 barrels  per day                                                                    
versus  fields  producing  10,000   barrels  per  day).  She                                                                    
explained that progressivity had  been adopted at .4 percent                                                                    
under  ACES, but  no  one  had looked  at  how punitive  the                                                                    
percentage  would  be at  the  high  end  of the  oil  price                                                                    
spectrum; she  wanted to  avoid a  similar situation  on the                                                                    
low end. She  believed the rates of taxation at  the $40 per                                                                    
barrel  were  very  high  because  of  the  floor  that  was                                                                    
included. She  wanted a  system to work  at all  prices. She                                                                    
referred  to oil  price fluctuations  and  how removing  oil                                                                    
from  strategic  reserves   nationally  and  internationally                                                                    
could impact prices.                                                                                                            
                                                                                                                                
Senator   McGuire   was   interested   in   an   overarching                                                                    
perspective   about    jurisdictions   that    had   adopted                                                                    
progressivity and how  they kept it as an  incentive and not                                                                    
a  detriment. She  requested more  information on  where PFC                                                                    
believed the "sweet  spot" was in respect  to new production                                                                    
and the progressivity rates.  She compared the progressivity                                                                    
to  the Internal  Revenue Service  system; some  people felt                                                                    
that the  harder they  worked the  higher their  taxes were.                                                                    
She  was  fine  with   reducing  the  progressivity  on  new                                                                    
production,  but  she  was interested  in  learning  how  to                                                                    
change behavior.  She appreciated  information that  PFC had                                                                    
provided  on  its  experience in  Canada;  the  company  had                                                                    
discussed  its observations  with policy  makers, which  had                                                                    
led industry  to pick up.  She reiterated that the  goal was                                                                    
to change industry behavior.                                                                                                    
                                                                                                                                
4:50:46 PM                                                                                                                    
                                                                                                                                
Mr. Mayer  addressed the question  related to high  rates of                                                                    
taxation at low oil prices. He  agreed that a portion of the                                                                    
high rate  was related to the  impact of the floor,  but the                                                                    
general  increased  slope  of  the curve  was  also  due  to                                                                    
regressive nature  of the  tax regime  at low  prices, which                                                                    
was almost  entirely a  function of  the 12.5  percent fixed                                                                    
royalty.  He elaborated  that with  any fixed  royalty there                                                                    
was a price level at  which the royalty could consume almost                                                                    
all of  the divisible income,  which resulted in  high rates                                                                    
of government take.                                                                                                             
                                                                                                                                
Mr.  Mayer spoke  to progressivity  and  incentives for  new                                                                    
development. He  discussed that there  were two  purposes of                                                                    
progressivity: (1) was  to create a system that  worked at a                                                                    
variety of  prices and created  stability. He  detailed that                                                                    
progressivity  was  intended  to  counter  the  decrease  of                                                                    
government take as oil prices  increased and to avoid a need                                                                    
to restructure  the tax regime  as prices rose. The  goal of                                                                    
the  progressivity under  the gross  was  to counteract  the                                                                    
regressive  effects  of  the  royalty at  the  rate  and  to                                                                    
maintain  an  overall  neutral  regime  going  forward;  (2)                                                                    
progressivity was  also used by  government to  increase its                                                                    
share of  the take at  higher levels. The strategy  could be                                                                    
useful if there  was a fiscal target that needed  to be met;                                                                    
however,  there also  needed to  be  workable economics  for                                                                    
companies.                                                                                                                      
                                                                                                                                
Mr.  Mayer believed  that progressivity  was so  substantial                                                                    
under certain  tax regimes (e.g.  ACES) that there  was less                                                                    
and  less benefit  for companies  with  every additional  $1                                                                    
increase in oil price. He  stressed that an efficient system                                                                    
was not  necessarily a competitive  system; it  was possible                                                                    
to have an  efficient regime that did not  tax basic capital                                                                    
returns that simultaneously sought  to tax access profits or                                                                    
economic  rents; high  progressivity  levels  could be  very                                                                    
compatible  with such  a system.  He pointed  to significant                                                                    
investment currently going  into areas in the  Lower 48 that                                                                    
had lower  levels of  government take  and overall  cost. He                                                                    
emphasized  the  importance  of  competitiveness  in  fiscal                                                                    
regime design.                                                                                                                  
                                                                                                                                
4:55:14 PM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  commented on  the loss of  government take                                                                    
at high oil  prices versus the assured  government take when                                                                    
prices were  low. He  referred to  testimony from  Mr. Mayer                                                                    
stating that  the likelihood  of seeing  low oil  prices was                                                                    
not  very  high.  He  pointed  out  that  at  $40  a  barrel                                                                    
companies would  be responsible for  $194 million  in taxes,                                                                    
but  at  $120 a  barrel  companies  would gain  revenue.  He                                                                    
stressed  that at  $170  a barrel  companies  would earn  $1                                                                    
billion  and  at  $200  a barrel  they  would  receive  $1.7                                                                    
billion.  He   discussed  the  importance  of   taking  into                                                                    
consideration  what the  state may  be giving  up under  the                                                                    
scenario and the probability that  oil would ever go back to                                                                    
$40 per barrel.                                                                                                                 
                                                                                                                                
SB  192  was  HEARD  and   HELD  in  Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
4:57:31 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:57 PM.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
SB 192 April 4 2nd Session Alaska Senate Finance.pdf SFIN 4/4/2012 1:30:00 PM
SB 192