Legislature(2011 - 2012)SENATE FINANCE 532

04/09/2012 01:00 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 163 G.O. BONDS FOR PORTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 192 OIL AND GAS PRODUCTION TAX RATES
Heard & Held
                  SENATE FINANCE COMMITTEE                                                                                      
                       April 9, 2012                                                                                            
                         1:06 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:06:38 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair   Stedman  called  the   Senate  Finance   Committee                                                                   
meeting to order at 1:06 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                                                                                                                  
                                                                                                                                
Weston  Eiler, Staff,  Senator Bert  Stedman; Karen  Rehfeld,                                                                   
Director,  Office of  Management and  Budget; Angela  Rodell,                                                                   
Deputy  Commissioner, Tax  Division,  Department of  Revenue;                                                                   
Senator  Cathy Giessel;  Janak Mayer,  Manager, Upstream  and                                                                   
Gas, PFC Energy;                                                                                                                
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Stephen  Ribuffo,   Interim  Director,  Port   of  Anchorage,                                                                   
Anchorage;  Allen Joseph, Vice-Chair,  Sea Lion  Corporation,                                                                   
Bethel;  Christine  Klein,  Calista  Corporation,  Anchorage;                                                                   
Martin B. Moor  Sr., City Manager, City of  Emmonak, Emmonak;                                                                   
Bosco Olson, Senior  City Administrator, City of  Hooper Bay,                                                                   
Hooper  Bay;  Wilbur  R.  Hootch,  Mayor,  City  of  Emmonak,                                                                   
Anchorage;   Gordon   Seversen,   Michael   L.   Foster   and                                                                   
Associates, Anchorage; Jomo Stewart, Self, Fairbanks;                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 163    G.O. BONDS FOR PORTS                                                                                                  
                                                                                                                                
          SB 163 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
SB 192    OIL AND GAS PRODUCTION TAX RATES                                                                                      
                                                                                                                                
          SB 192 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
SENATE BILL NO. 163                                                                                                             
                                                                                                                                
     "An Act  providing for and  relating to the  issuance of                                                                   
     general obligation  bonds for the purpose  of paying the                                                                   
     cost of  municipal port projects;  and providing  for an                                                                   
     effective date."                                                                                                           
                                                                                                                                
1:07:34 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  MOVED  to  ADOPT  the  proposed  committee                                                                   
substitute    for   SB    163,    Work   Draft    27-GS2769\D                                                                   
(Finley/Kirsch, 4/7/12.)                                                                                                        
                                                                                                                                
1:07:44 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman OBJECTED for the purpose of discussion.                                                                        
                                                                                                                                
1:08:01 PM                                                                                                                    
                                                                                                                                
WESTON EILER,  STAFF, SENATOR  BERT STEDMAN, highlighted  the                                                                   
changes  in the  committee  substitute  (CS).  He cited  that                                                                   
Page  1, line  1, contained  a title  revision that  expanded                                                                   
the bill's  coverage exclusively  from  ports to other  state                                                                   
transportation  projects.  He added  that  Page  1, line  10,                                                                   
amended the amount  of the general obligation  bonds (GEO) to                                                                   
$453,499,200.  He reported that  on Page  2, line 1,  renamed                                                                   
the project  fund to the  "2012 State Transportation  Project                                                                   
Fund". He noted  that on Page 2, line 8, Section  3 broadened                                                                   
the  grant  award statutes,  AS 37.05.316,  and  changed  the                                                                   
grant fund total  to $188.4 million (line 13.)  He listed the                                                                   
transportation grant  projects, which contained  changes from                                                                   
previous versions  of SB 163.  He read the list  beginning on                                                                   
Page 2 line 16:                                                                                                                 
                                                                                                                                
     PROJECT AMOUNT                                                                                                             
      Anchorage - Port of Anchorage $50,000,000                                                                                 
      Expansion                                                                                                                 
      Bethel - Harbor Dredging 4,000,000                                                                                        
      Bristol Bay Borough - Port of Bristol Bay 7,000,000                                                                       
      Expansion and Pile Dock Replacement                                                                                       
      Haines Borough - Boat Harbor Upgrades 12,000,000                                                                          
      Kodiak - Pier III Replacement 15,000,000                                                                                  
      Kotzebue - Cape Blossom Road and Port 10,000,000                                                                          
      Matanuska - Susitna Borough - Bogard Road Extension                                                                       
      13,500,000                                                                                                                
      Matanuska-Susitna Borough - Port Mackenzie                                                                                
      30,000,000 Rail Extension                                                                                                 
     Nenana - Totchaket Resource Development 6,500,000                                                                          
      Corridor Access                                                                                                           
     Newtok Traditional Council - Mertarvik Evacuation                                                                          
      4,100,000                                                                                                                 
      Road Construction                                                                                                         
      Nome - Port Design and Construction 10,000,000                                                                            
      Sand Point - Sand Point Road Rehabilitation                                                                               
      2,500,000                                                                                                                 
      Seward - Marine Industrial Center Expansion                                                                               
      10,000,000                                                                                                                
      Sitka - Sawmill Cove Industrial Park Dock 7,500,000                                                                       
      St. George - Harbor Reconstruction 3,000,000                                                                              
      Togiak - Waterfront Transit Facility 3,300,000                                                                            
                                                                                                                                
Mr.  Eiler directed  attention to  Section 4,  line 6,  which                                                                   
added  a new  section that  authorized (AS 37.07.080(e))  the                                                                   
Department of  Transportation and Public Facilities  (DOT) to                                                                   
appropriate    the   following    from    the   2012    State                                                                   
Transportation Project Fund:                                                                                                    
                                                                                                                                
      PROJECT AMOUNT                                                                                                            
      Anchorage - Glenn Highway, Hiland Road to Artillery                                                                       
      Road 35,000,000 Reconstruction                                                                                            
     Anchorage - Glenn Highway/Muldoon Road Interchange                                                                         
      15,000,000 Reconstruction                                                                                                 
      Anchorage - New Seward Highway/36th Avenue                                                                                
      26,000,000 Reconstruction                                                                                                 
      Anchorage - New Seward Highway - MP 75 - 90                                                                               
      10,000,000 Bridge Repairs                                                                                                 
      Anchorage - O'Malley Road Reconstruction 15,000,000                                                                       
      Fairbanks - Elliott Highway, MP 108 - 120                                                                                 
      Reconstruction 6,500,000                                                                                                  
      Fairbanks - Old Steese Highway to McGrath Road                                                                            
      24,000,000 Reconstruction and Extension                                                                                   
                                                                                                                                
      Fairbanks - Wendell Street Bridge Replacement                                                                             
      14,400,000                                                                                                                
      Haines - Maintenance Shop Replacement 3,000,000                                                                           
      Juneau - Glacier Highway, MP 4 - 6 Improvements                                                                           
      5,500,000                                                                                                                 
      Juneau - Mendenhall Loop Road Improvements 6,000,000                                                                      
     Kenai - Kenai Spur Road Rehabilitation 20,000,000                                                                          
      Ketchikan - Shelter Cove Road Construction and                                                                            
      Improvements 19,000,000                                                                                                   
      Mat-Su - Fairview Loop Road Reconstruction 10,000,000                                                                     
      Mat-Su - Knik Goose Bay Road Reconstruction                                                                               
      15,000,000                                                                                                                
      North Pole - Plack Road Improvements 5,000,000                                                                            
      Platinum Airport Runway Extension 3,100,000                                                                               
      Port Clarence Access Improvements 4,000,000                                                                               
     Richardson Highway - Ruby Creek Bridge Replacement                                                                         
      11,000,000                                                                                                                
      Sitka - Katlian Bay Road Construction 14,000,000                                                                          
                                                                                                                                
Mr.   Eiler  noted   that  Section   5,   Page  4   contained                                                                   
instructions   and   authorizations   for  the   State   Bond                                                                   
Committee. He read  the following language (Page  4, Lines 11                                                                   
- 15):                                                                                                                          
                                                                                                                                
     If the issuance  of the bonds is ratified  by a majority                                                                   
     of the  qualified voters  of the state  who vote  on the                                                                   
     question, the  amount of $3,599,200  or as much  of that                                                                   
     amount as  is found necessary  is appropriated  from the                                                                   
     2012 state  transportation project fund of  the state to                                                                   
     the  state bond committee  to carry  out the  provisions                                                                   
     of this  Act and  to pay expenses  incident to  the sale                                                                   
     and issuance of the bonds authorized in this Act.                                                                          
                                                                                                                                
He  concluded  with  Section  7  (Page  4,  line  26),  which                                                                   
contained   the  ballot   question  and   the  total   amount                                                                   
[$453,499,200] of the bond package.                                                                                             
                                                                                                                                
1:15:09 PM                                                                                                                    
                                                                                                                                
Senator  Thomas referred  to  Page 3,  line  23; Fairbanks  -                                                                   
Elliott Highway,  MP 108 -  120 Reconstruction  6,500,000 and                                                                   
indicated that the  project was located 118  miles outside of                                                                   
Fairbanks.  He  did  not  want   the  project  attributed  to                                                                   
Fairbanks.                                                                                                                      
                                                                                                                                
                                                                                                                                
Co-Chair  Stedman   replied  that   the  language   would  be                                                                   
remedied later on in the process.                                                                                               
Co-Chair  Stedman  REMOVED  his  OBJECTION.  There  being  NO                                                                   
further OBJECTION, Work draft 27-GS2769\D was ADOPTED.                                                                          
                                                                                                                                
KAREN  REHFELD, DIRECTOR,  OFFICE OF  MANAGEMENT AND  BUDGET,                                                                   
spoke  to the  original  version of  the  bill. She  reported                                                                   
that the original  version of SB 163 authorized  $350,000,000                                                                   
in  general obligation  bonds  for six  port projects  around                                                                   
the state. Four new projects were incorporated into the CS.                                                                     
                                                                                                                                
ANGELA   RODELL,    DEPUTY   COMMISSIONER,    TAX   DIVISION,                                                                   
DEPARTMENT  OF  REVENUE,  spoke   to  the  fiscal  note.  She                                                                   
explained  that $3,500,000  of the  bond total,  $453,499,200                                                                   
was  the associated  costs to  issue the  bonds. Upon  ballot                                                                   
approval, the  first issuance  would begin in  February, 2013                                                                   
and would  continue into  FY 14  and FY  15. She assured  the                                                                   
committee  that the proceeds  would be  expended in  a timely                                                                   
manner. She expected  a low cost for the first  bond issuance                                                                   
of  approximately   2.6  percent.  She  commented   that  the                                                                   
projects  were  long-term  and  anticipated a  20  year  bond                                                                   
issue.  The administration  planned to  finance the  projects                                                                   
over  the  20  year  period  to   free  up  funds  for  other                                                                   
priorities.                                                                                                                     
                                                                                                                                
Co-Chair Stedman  cited the fiscal  note from  the Department                                                                   
of  Revenue  (DOR)  that  appropriated  $900,000  in  general                                                                   
funds for FY 2013.                                                                                                              
                                                                                                                                
1:19:47 PM                                                                                                                    
                                                                                                                                
STEPHEN  RIBUFFO,   INTERIM  DIRECTOR,  PORT   OF  ANCHORAGE,                                                                   
ANCHORAGE (via  teleconference), testified  in support  of SB
163.  He thanked  the committee  for  the additional  funding                                                                   
totaling  $50,000,000  but  related  that  the  funding  fell                                                                   
short of the  $350,000,000 requested by the  municipality. He                                                                   
considered  the port  a statewide  project and  felt that  it                                                                   
benefited the entire state.                                                                                                     
                                                                                                                                
ALLEN JOSEPH,  VICE-CHAIR, SEA LION CORPORATION,  BETHEL (via                                                                   
teleconference), expressed  his support of SB 163.  He worked                                                                   
in  collaboration with  the  city of  Hooper  Bay on  various                                                                   
projects.  Currently,  the community  sought  to construct  a                                                                   
small boat  harbor at a  cost of $8,000,000  and to  extend a                                                                   
road at a cost  of $700,000, for the transportation  of goods                                                                   
that  arrive by  barge. The  harbor was  unprotected and  the                                                                   
goods  brought in  by barge were  trucked on  the beach.  The                                                                   
residents  of  Hooper Bay  were  concerned  that a  barge  or                                                                   
truck   accident  would   affect   subsistence  fishing.   He                                                                   
requested the project's inclusion in SB 163.                                                                                    
                                                                                                                                
CHRISTINE   KLEIN,   CALISTA  CORPORATION,   ANCHORAGE   (via                                                                   
teleconference),  testified  in   support  of  including  the                                                                   
Emmonak  port  project  in  SB 163  and  clarified  that  the                                                                   
project   was   included   in   earlier   versions   of   the                                                                   
legislation.  She explained  that  the Emmonak  port was  the                                                                   
hub for villages  along the Yukon River. The  port was relied                                                                   
on for  fuel deliveries and  utilized by the  fisheries plant                                                                   
that  provided jobs  for  residents.  She detailed  that  the                                                                   
project design  was complete and  it was "shovel  ready." The                                                                   
total  cost was  $16,500,000.  The cost  of Phase  1 was  $10                                                                   
million for construction  of the dock and wharf.  The landing                                                                   
ramp cost $6,400,000.  The project was supported  by Kwik'Pak                                                                   
Fisheries,   the   City   of    Emmonak,   Calista   Regional                                                                   
Corporation, and the Tribe of Emmonak.                                                                                          
                                                                                                                                
1:24:24 PM                                                                                                                    
                                                                                                                                
MARTIN B.  MOOR SR., CITY  MANAGER, CITY OF EMMONAK,  EMMONAK                                                                   
(via teleconference),  testified in support of  including the                                                                   
Emmonak port  and dock facility  project in SB 163.  He noted                                                                   
that the  city was  located 10  miles from  the mouth  of the                                                                   
Yukon River  and served  as the regional  hub. He  served the                                                                   
city  since  1963, which  included  some  time as  mayor.  He                                                                   
spoke  of interior  Alaska's increasing  costs  for fuel  and                                                                   
basic necessities,  which threatened rural  Alaska's physical                                                                   
survival.  Every  necessity must  be  shipped in.  He  shared                                                                   
that expanding the  Emmonak port benefited the  entire region                                                                   
and could potentially reduce the costs.                                                                                         
                                                                                                                                
BOSCO OLSON, SENIOR  CITY ADMINISTRATOR, CITY OF  HOOPER BAY,                                                                   
HOOPER  BAY (via  teleconference), expressed  his support  of                                                                   
the  inclusion  of the  road  extension  and the  small  boat                                                                   
harbor  in  SB 163.  He  explained  that the  road  extension                                                                   
would expand the  road over a slough and that  the small boat                                                                   
harbor protected  boats from  potentially destructive  storms                                                                   
in the fall.                                                                                                                    
                                                                                                                                
1:31:45 PM                                                                                                                    
                                                                                                                                
WILBUR  R. HOOTCH,  MAYOR, CITY  OF  EMMONAK, ANCHORAGE  (via                                                                   
teleconference),  testified  in   support  of  including  the                                                                   
Emmonak  port  and  dock  facility  project  in  SB  163.  He                                                                   
remarked  that  the  region  was   experiencing  a  crippling                                                                   
energy  crisis  and  listed  the   positive  effects  of  the                                                                   
project for the region.                                                                                                         
                                                                                                                                
GORDON   SEVERSEN,   MICHAEL   L.  FOSTER   AND   ASSOCIATES,                                                                   
ANCHORAGE (via  teleconference), testified in support  of the                                                                   
City of Emmonak's  port and dock facility project.  He voiced                                                                   
that  in 2009,  80  barges  off  loaded 1,500  containers  in                                                                   
Emmonak.  The  dock  area  was   too  small,  congested,  and                                                                   
inadequate. Barge offloading caused bank erosion.                                                                               
                                                                                                                                
JOMO   STEWART,   SELF,   FAIRBANKS   (via   teleconference),                                                                   
testified  in   support  of  expanding  the   legislation  to                                                                   
include funding  in SB  163 for  solutions to the  "crippling                                                                   
energy  needs" in  Fairbanks.  He  remarked that  the  actual                                                                   
definition  of "port" in  the statutes  was fairly  broad; "a                                                                   
facility of  transportation related  commerce located  within                                                                   
the state." He briefly shared his ideas for funding.                                                                            
                                                                                                                                
1:38:40 PM                                                                                                                    
                                                                                                                                
SB  163  was   HEARD  and  HELD  in  committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
1:38:43 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:46:13 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 192                                                                                                             
                                                                                                                                
     "An Act relating to the oil and gas production     tax;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
JANAK  MAYER,   MANAGER,  UPSTREAM   AND  GAS,  PFC   ENERGY,                                                                   
discussed  a   PowerPoint  presentation  titled   "Discussion                                                                   
Slides: Alaska  Senate Finance Committee, April 9, 2012 (copy                                                                   
on file).                                                                                                                       
                                                                                                                                
1:47:21 PM                                                                                                                    
                                                                                                                                
Mr.   Mayer   announced   that   the   information   in   the                                                                   
presentation   was  in   response  to   questions  from   the                                                                   
committee on  CSSB 192 and  previous testimony.  He explained                                                                   
Slide  2, titled  "Cost  Sensitivity-From  April 3  Testimony                                                                   
and Discussion -  Impact of Rising Revenue Costs."  The slide                                                                   
graphed   the   "Revenue   Difference    Between   ACES   and                                                                   
Progressive  Severance Tax Options  under Different  Opex/bbl                                                                   
Assumptions"  for  the producer,  proposed  in  CSSB 192.  He                                                                   
determined  that  the  impact   of  the  tax  systems  varied                                                                   
depending  on the level  of costs  the producer incurred.  He                                                                   
noted that the  chart, originally presented on  April 3, 2012                                                                   
was   slightly   outdated  since   the   committee   recently                                                                   
increased  progressivity   from  .25   to  .27.   The  impact                                                                   
increased  taxes   for  the  producer  at  the   $80/bbl.  to                                                                   
$100/bbl.  (price  per  barrel)  range  as a  result  of  the                                                                   
change.  He  pointed  out  that   the  cost  sensitivity  was                                                                   
calculated   on   opex   (Operating   Expenditure).   Capital                                                                   
expenses  (capex)  were  not   factored  in  because  of  the                                                                   
impacts  of the  capital  credit for  the  producer and  that                                                                   
typically,  high  cost  capital  expenditure  was  associated                                                                   
with  new production.  New  production  received reduced  tax                                                                   
rates  under  CSSB  192. Cost  sensitivity  was  relative  to                                                                   
opex.  He  reminded   the  committee  that  the   system  was                                                                   
calibrated  to be  revenue neutral  at  $100/bbl. at  average                                                                   
operating  costs of $12/bbl.  as forecast  by the  Department                                                                   
of  Revenue  (DOR) for  FY  2013.  He related  BP's  (British                                                                   
Petroleum)  previous testimony  that the  consequence of  the                                                                   
revenue  neutral  structure  meant the  producer  incurred  a                                                                   
higher tax  burden in  CSSB 192  than under  ACES if  the per                                                                   
barrel costs  were higher than  the average operating  costs.                                                                   
He concurred  with BP's  point of view.  He recapped  that if                                                                   
opex  rose as  production declined  and opex  costs were  not                                                                   
variable  on a cost  per barrel  basis the  result was  a tax                                                                   
increase.                                                                                                                       
                                                                                                                                
1:52:24 PM                                                                                                                    
                                                                                                                                
Mr. Mayer  pointed out  that the effect  was a direct  result                                                                   
of  the committee's  desire  to  structure  a tax  with  more                                                                   
incentive  for  cost  control  and  less  state  support  for                                                                   
spending  at high  levels of  progressivity  "because of  the                                                                   
interaction   of  high   progressivity   with  full   capital                                                                   
deductibility"  under ACES. He  exemplified a scenario  under                                                                   
ACES  where  progressivity  was triggered  and  the  producer                                                                   
incurred a  production tax  rate of  40 percent, each  dollar                                                                   
of  operating  or capital  costs  can  be deducted  from  the                                                                   
production  tax  liability.  Since  the  production  tax  per                                                                   
barrel also  decreased the result  was to move  "further down                                                                   
the curve  of progressivity."  He emphasized that  under ACES                                                                   
the  costs  were   fully  deductible  from  the   25  percent                                                                   
production  tax  but  under CSSB  192  progressivity  was  no                                                                   
longer   taxed   on   the  net.   The   ability   to   reduce                                                                   
progressivity as  costs escalated was lost. He  believed that                                                                   
conclusion was  the fundamental  difference between  ACES and                                                                   
CSSB  192.   He  reiterated  that   CSSB192  created   a  tax                                                                   
structure that  reduced "excessive support" for  rising costs                                                                   
and incentivized  cost control.  He stressed that  the direct                                                                   
consequence  of increasing  incentives for  cost control  was                                                                   
higher taxes for producers with higher costs.                                                                                   
                                                                                                                                
Mr. Mayer  indicated that  CSSB 192  did offer a  substantial                                                                   
form  of   mitigation,   which  was  the   reduced  rate   of                                                                   
progressive  tax  on the  gross  for  new production  in  new                                                                   
areas  and  on  incremental  production   above  the  decline                                                                   
curve. Also,  companies  producing in a  completely new  area                                                                   
incurred  only  a  5  percent   tax  for  seven  years  which                                                                   
diminished  the impact  on costs.  He warned  that the  seven                                                                   
year  cycle  limited the  impact  of  lower taxes  on  higher                                                                   
operating costs  overall. He reminded the committee  that new                                                                   
production  incurred the  highest operating  costs. In  order                                                                   
to achieve cost  sensitivity it was imperative  that recently                                                                   
completed developments  like Oooguruk was included  under new                                                                   
production due  to high costs  well above the $12  fixed rate                                                                   
designated  in CSSB  192. The  effect reduced  taxes for  the                                                                   
first  seven  years.  He cautioned  that  the  reduction  was                                                                   
offset  by the  full tax  rate kicking  in after  the 7  year                                                                   
period.  He suggested that  extension or  elimination  of the                                                                   
seven  year  period could  mitigate  the  impact.  Similarly,                                                                   
mitigation   was   possible    by   reducing   or   excluding                                                                   
progressivity  and  simply  charge  the base  tax.  The  same                                                                   
scenario applied  to high  cost incremental (new  production)                                                                   
production from existing fields.                                                                                                
                                                                                                                                
1:58:23 PM                                                                                                                    
                                                                                                                                
Mr. Mayer  addressed the conclusion  of the DOR  testimony on                                                                   
CSSB  192  that  sensitivity to  higher  costs  encouraged  a                                                                   
"further  retreat  to  harvest mode"  since  companies  would                                                                   
"face  lower  tax   rates  due  to  lower  costs   that  dis-                                                                   
incentivized  harvest  production."  He  disagreed  with  the                                                                   
conclusion. He  reasoned that  as production falls  operating                                                                   
costs were  likely to  stay flat and  costs per barrel  rose.                                                                   
"Harvest mode did not imply low costs per barrel."                                                                              
                                                                                                                                
Mr. Mayer  refuted DOR's assumption  that tax  incentives for                                                                   
existing  production  under CSSB  192  were not  as  strongly                                                                   
supported  as  under  ACES.  New  capex,  which  created  new                                                                   
production  and  was taxed  at  a  lower  rate, acted  as  an                                                                   
offset.  He  revealed  that  DOR's   testimony  ignored  that                                                                   
interaction.  Lastly,  he contended  that  production  volume                                                                   
and  the resulting  revenue  generated  was more  significant                                                                   
than  the   tax  rate.  It   would  take  an   "extraordinary                                                                   
reduction in tax"  to incentivize a producer  to deliberately                                                                   
produce   less  revenue,   especially  if   costs  were   not                                                                   
decreased.                                                                                                                      
                                                                                                                                
Mr. Mayer  addressed Slide 3,  "FY 2013 v Lifecycle  Analysis                                                                   
-  Impact  of   Costs  &  7  year  Time  Limit."   The  slide                                                                   
reproduced slides  from previous presentations  from April 4,                                                                   
2012 and  April 5, 2012 that  related to government  take for                                                                   
new  development  under  CSSB  192.  He  clarified  that  the                                                                   
slides  contained seemingly  conflicting  data on  government                                                                   
take. The  FY 2013  data showed government  take in  the mid-                                                                   
sixties  percent   and  the  lifecycle  slide   in  the  mid-                                                                   
seventies percent.  He explained that one analysis  was based                                                                   
on FY  2013 and  the later  benchmarking data  was done  as a                                                                   
life cycle analysis.  The April 4th analysis was  based on FY                                                                   
2013 outcomes  factoring in  revenue neutrality at  $100/bbl.                                                                   
The  April 5th  data  was based  on benchmarking,  which  was                                                                   
always  based  on  lifecycles.   A  lifecycle  analysis  used                                                                   
generic  new development  costs  as  opposed to  North  Slope                                                                   
average costs  for FY  2013 which  moved the government  take                                                                   
upward.  In  addition, the  FY  2013  data included  the  new                                                                   
production  cap of  5 percent,  which  drove government  take                                                                   
down.                                                                                                                           
                                                                                                                                
Mr. Mayer  stated that  the lifecycle  analysis included  the                                                                   
higher  tax  rate on  new  production  after  the 7  year,  5                                                                   
percent cap expired, which increased government take.                                                                           
                                                                                                                                
2:04:23 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman surmised  that one analysis  was run  using                                                                   
life cycle  new production data and  the other was run  on FY                                                                   
2013 blended numbers. Mr. Mayer agreed.                                                                                         
                                                                                                                                
Mr. Mayer discussed the slide 4:                                                                                                
                                                                                                                                
     Some Goals Are Mutually Exclusive                                                                                          
                                                                                                                                
     •Achieve decoupling                                                                                                        
     •Reduce high levels of support for spending, and poor                                                                      
     incentives for cost control                                                                                                
     •Minimize complexity, including need for separate cost                                                                     
      accounting                                                                                                                
     •Reduce government take on new/incremental production                                                                      
     •No increases on any taxpayers                                                                                             
     •Revenue neutral at $100+ /bbl.                                                                                            
     •More even split between state and companies above                                                                         
      $100/$120/bbl.                                                                                                            
                                                                                                                                
He stated that the fundamental issue was that all goals                                                                         
cannot be achieved in any single tax structure.                                                                                 
                                                                                                                                
Mr. Mayer turned to slide 5:                                                                                                    
                                                                                                                                
      Some Goals Are Mutually Exclusive                                                                                         
                                                                                                                                
      ACES with a 40% Cap                                                                                                       
                                                                                                                                
     •Achieve decoupling                                                                                                        
     •Reduce high levels of support for spending, and poor                                                                      
      incentives for cost control                                                                                               
     •Minimize complexity, including need for separate cost                                                                   
      accounting                                                                                                              
     •Reduce government take on new/incremental production                                                                      
     •No increases on any taxpayers                                                                                           
     •Revenue neutral at $100+ /bbl                                                                                           
     •More even split between state and companies above                                                                       
      $100/$120 / bbl                                                                                                         
     [Items in Bold were achievable goals.]                                                                                     
                                                                                                                                
Mr. Mayer moved to slide 6:                                                                                                     
                                                                                                                                
     Some Goals Are Mutually Exclusive                                                                                          
                                                                                                                                
     ACES with a 40% Cap & SB 305-Style Decoupling                                                                              
                                                                                                                                
     •Achieve decoupling                                                                                                      
     •Reduce high levels of support for spending, and poor                                                                      
      incentives for cost control                                                                                               
     •Minimize complexity, including need for separate cost                                                                     
      accounting                                                                                                                
     •Reduce government take on new/incremental production                                                                      
     •No increases on any taxpayers                                                                                             
     •Revenue neutral at $100+ /bbl                                                                                           
     •More even split between state and companies above                                                                       
      $100/$120/bbl.                                                                                                          
     [Items in Bold were achievable goals.]                                                                                     
                                                                                                                                
Mr. Mayer directed attention to slide 7:                                                                                        
                                                                                                                                
     Some Goals Are Mutually Exclusive                                                                                          
                                                                                                                                
     HB110                                                                                                                      
                                                                                                                                
      •Achieve decoupling                                                                                                       
     •Reduce high levels of support for spending, and poor                                                                    
      incentives for cost control                                                                                             
     •Minimize complexity, including need for separate cost                                                                     
      accounting                                                                                                                
     •Reduce government take on new/incremental production                                                                    
     •No increases on any taxpayers                                                                                           
     •Revenue neutral at $100+ /bbl                                                                                             
     •More even split between state and companies above                                                                       
      $100/$120 / bbl                                                                                                         
     [Items in Bold were achievable goals.]                                                                                     
                                                                                                                                
2:11:04 PM                                                                                                                    
                                                                                                                                
Mr. Mayer addressed slide 8:                                                                                                    
                                                                                                                                
      Some Goals Are Mutually Exclusive                                                                                         
                                                                                                                                
      CSSB192                                                                                                                   
                                                                                                                                
     •Achieve decoupling                                                                                                      
     •Reduce high levels of support for spending, and poor                                                                    
      incentives for cost control                                                                                             
     •Minimize complexity, including need for separate cost                                                                   
      accounting                                                                                                              
     •Reduce government take on new/incremental production                                                                    
     •No increases on any taxpayers                                                                                             
     •Revenue neutral at $100+ /bbl                                                                                           
     •More even split between state and companies above                                                                       
      $100/$120 / bbl                                                                                                         
     [Items in Bold were achievable goals.]                                                                                     
                                                                                                                                
Mr. Mayer pointed  out that CSSB 192 accomplished  all of the                                                                   
goals except  for one; no  increased taxes. He  believed that                                                                   
the  committee  must  consider   "fundamental  tradeoffs"  to                                                                   
achieve  all  of  the  goals.   He  summarized  the  ways  to                                                                   
mitigate  increased  taxes: eliminate  progressivity  on  new                                                                   
and   incremental   production,   raise   the   progressivity                                                                   
threshold, or  compromise on the  goal of revenue  neutrality                                                                   
at $100/bbl.                                                                                                                    
                                                                                                                                
Mr. Mayer  discussed Slide  9 titled, "Regime  Competiveness:                                                                   
Relative  Government Take."  He spoke  to previous  testimony                                                                   
that suggested that  ACES was a good system  at $100/bbl. but                                                                   
at higher  prices was problematic  or that 75  percent levels                                                                   
of government take  was a desirable goal. He  shared that PFC                                                                   
Energy  held  the  position  that  approximately  75  percent                                                                   
government  take  under ACES  at  $100/bbl. depicted  in  the                                                                   
ranking  on slide  9, was very  high by  world standards.  He                                                                   
noted the  ranking was  higher than any  oil producer  in the                                                                   
Lower 48  states. The  Lower 48 states  were faced  with much                                                                   
lower costs,  which increased its competiveness  with Alaska.                                                                   
He  observed that  Norway's government  take  was higher  but                                                                   
maintained  a National  Oil company.  Norway provided  active                                                                   
equity participation  through  Petoro, which ensured  ongoing                                                                   
investment in  its oil sector.  He explained that  instead of                                                                   
setting  a target  rate  for a  desired  outcome, PFC  Energy                                                                   
recommended  incentivizing production.  He detailed  that new                                                                   
investment  was  typically  accompanied  by  high  production                                                                   
costs. Flexibility  in government take  must be built  into a                                                                   
tax   regime  in   order   to  incentivize   production.   He                                                                   
reiterated  the ways  to accomplish  reduced government  take                                                                   
on new production.                                                                                                              
                                                                                                                                
2:17:18 PM                                                                                                                    
                                                                                                                                
Senator Thomas  asked for  clarification regarding  the chart                                                                   
on slide  2. Mr. Mayer responded  that the chart  illustrated                                                                   
the difference between  ACES and CSSB 192 at  different price                                                                   
levels and opex  assumptions. The horizontal axis  was set at                                                                   
zero. Any  point below  the zero  line represented  a revenue                                                                   
or  tax decrease.  Conversely,  every  point above  the  zero                                                                   
line represented a tax increase compared to ACES.                                                                               
                                                                                                                                
Senator Thomas asked  for a clarification on  the second goal                                                                   
on slide  8, "Reduce  high levels  of support for  spending…"                                                                   
Mr.  Mayer interpreted  the goal  as high  levels of  support                                                                   
from the state to industry.                                                                                                     
                                                                                                                                
Co-Chair   Stedman   exemplified   that  the   state   cannot                                                                   
subsidize capital  expenditures at  levels close to  or above                                                                   
100 percent. Mr. Mayer agreed.                                                                                                  
                                                                                                                                
2:21:47 PM                                                                                                                    
                                                                                                                                
SB  192  was   HEARD  and  HELD  in  committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
2:21:47 PM                                                                                                                    
The meeting was adjourned at 2:21 PM.                                                                                           

Document Name Date/Time Subjects
SB 163 - CSSB 163(FIN) version D.pdf SFIN 4/9/2012 1:00:00 PM
SB 163
SB 192 April 9 PFC Energy Alaska Senate Finance.pdf SFIN 4/9/2012 1:00:00 PM
SB 192