Legislature(2019 - 2020)SENATE FINANCE 532

01/23/2020 09:00 AM Senate FINANCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
09:01:37 AM Start
09:04:38 AM Revenue Forecast - Department of Revenue
10:48:01 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Revenue Forecast - Department of Revenue TELECONFERENCED
- Acting Commissioner Mike Barnhill
- Director Dan Stickel, Chief Revenue Economist
- Director Colleen Glover, Tax Division
                 SENATE FINANCE COMMITTEE                                                                                       
                     January 23, 2020                                                                                           
                         9:01 a.m.                                                                                              
                                                                                                                                
9:01:37 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Stedman   called  the  Senate   Finance  Committee                                                                    
meeting to order at 9:01 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Natasha von Imhof, Co-Chair                                                                                             
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Click Bishop                                                                                                            
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
Senator Bill Wielechowski                                                                                                       
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Mike Barnhill,  Acting Commissioner, Department  of Revenue;                                                                    
Dan Stickel,  Chief Economist, Economic Research  Group, Tax                                                                    
Division, Department  of Revenue; Colleen  Glover, Director,                                                                    
Tax Division, Department of  Revenue; Senator Cathy Giessel;                                                                    
Senator Gary Stevens.                                                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
^REVENUE FORECAST - DEPARTMENT OF REVENUE                                                                                     
                                                                                                                                
9:04:38 AM                                                                                                                    
                                                                                                                                
MIKE BARNHILL,  ACTING COMMISSIONER, DEPARTMENT  OF REVENUE,                                                                    
introduced  himself.  He stated  that  he  was available  to                                                                    
answer questions,  specifically about the bonding  issues in                                                                    
the   Department  of   Revenue  (DOR).   He  discussed   his                                                                    
background. He  shared that  he was a  lawyer by  trade, and                                                                    
had worked for  the state since 1998. He  continued to share                                                                    
his work history with the state.                                                                                                
                                                                                                                                
9:06:10 AM                                                                                                                    
                                                                                                                                
DAN STICKEL,  CHIEF ECONOMIST, ECONOMIC RESEARCH  GROUP, TAX                                                                    
DIVISION,  DEPARTMENT OF  REVENUE,  introduced himself,  and                                                                    
discussed his background.                                                                                                       
                                                                                                                                
Co-Chair  Stedman  shared  his work  relationship  with  Mr.                                                                    
Stickel.                                                                                                                        
                                                                                                                                
9:07:32 AM                                                                                                                    
                                                                                                                                
COLLEEN  GLOVER,  DIRECTOR,   TAX  DIVISION,  DEPARTMENT  OF                                                                    
REVENUE,  introduced herself,  and shared  her work  history                                                                    
with the state.                                                                                                                 
                                                                                                                                
Acting Commissioner  Barnhill noted that he  worked the year                                                                    
prior for the Office of Management and Budget (OMB).                                                                            
                                                                                                                                
Co-Chair  Stedman  stated  that  he  was  glad  that  Acting                                                                    
Commissioner Barnhill was in his current position.                                                                              
                                                                                                                                
Mr. Stickel  discussed the presentation, "Fall  2019 Revenue                                                                    
Forecast" (copy  on file).  He stated that  the goal  of the                                                                    
presentation  was  to give  a  high  level overview  of  the                                                                    
revenue forecast  of the  state. He  stated that  there were                                                                    
some additional slides at the end of the presentation.                                                                          
                                                                                                                                
Mr. Stickel highlighted slide 3,  "Revenue Forecast: 2019 to                                                                    
2021 Totals."  He shared  that the  total state  revenue was                                                                    
forecast-stable  at   around  $11   billion  per   year.  He                                                                    
explained  that state  revenue was  presented in  four broad                                                                    
categories consistent with budget  documents. He shared that                                                                    
unrestricted general  fund (UGF)  revenue was  available for                                                                    
appropriation by  the legislature  for any purpose,  and was                                                                    
the subject of  most budget discussions. He  shared that UGF                                                                    
was approximately $5.4 billion in  FY 19, and was forecasted                                                                    
just over $5  billion in both FY 20 and  FY 21. He announced                                                                    
that  most of  the forecast  presentation, and  most of  the                                                                    
budget debate centered  on the UGF category.  He stated that                                                                    
designated  general funds  (DGF)  was technically  available                                                                    
for  appropriation,  but  those  revenues  were  customarily                                                                    
appropriated  for  different  sources. He  shared  that  the                                                                    
alcohol  tax   revenue  was  customarily   appropriated  for                                                                    
alcohol  and   drug  abuse  treatment  and   prevention.  He                                                                    
remarked that  the other restricted revenue  category, which                                                                    
were  revenues  that  were  less  discretionary  in  nature,                                                                    
because  of debt  covenants,  constitutional provisions,  or                                                                    
other provisions that put a  firmer restriction on using the                                                                    
revenue. He stated  that there was also  the federal revenue                                                                    
category. He  explained that all  federal receipts  had some                                                                    
provisions  from   the  federal  government  in   how  those                                                                    
revenues could be used.                                                                                                         
                                                                                                                                
9:11:18 AM                                                                                                                    
                                                                                                                                
Mr. Stickel  looked at slide  4, "Relative  Contributions to                                                                    
Total State Revenue: FY 2019":                                                                                                  
                                                                                                                                
     Total State Revenue: $11.1 billion                                                                                         
          Investment Earnings: 36.2 percent                                                                                     
          Federal Revenue: 29.9 percent                                                                                         
          Petroleum: 23.7 percent                                                                                               
          Other Revenue: 6.5 percent                                                                                            
          Non-Petroleum Corporate Income: 1.1 percent                                                                           
          Fisheries: 1.1 percent                                                                                                
          Tourism: 0.9 percent                                                                                                  
          Mining: 0.5 percent                                                                                                   
                                                                                                                                
Co-Chair Stedman  asked for more  insight of  the investment                                                                    
earnings.                                                                                                                       
                                                                                                                                
Mr. Stickel  replied that the  36.2 percent  represented the                                                                    
share  of  the  $11.1  billion of  total  revenue  that  was                                                                    
attributed investment.  He pointed to slide  3, which showed                                                                    
that  investment   earnings  fell   into  a   few  different                                                                    
categories. He  noted that  the unrestricted  portion, which                                                                    
was $2.8 billion in FY  19, was primarily the Permanent Fund                                                                    
transfer  to  the general  fund.  He  shared that  the  $1.1                                                                    
billion of  other restricted investment  revenue represented                                                                    
both earnings  on the  constitutional budget  reserve (CBR),                                                                    
and any  Permanent Fund earnings  above the transfer  to the                                                                    
general fund.                                                                                                                   
                                                                                                                                
Co-Chair  Stedman wondered  whether the  transfers used  the                                                                    
POMV.                                                                                                                           
                                                                                                                                
Mr.  Stickel replied  in the  affirmative,  and shared  that                                                                    
there  was a  slide that  would examine  the Permanent  Fund                                                                    
calculation.                                                                                                                    
                                                                                                                                
Mr.  Stickel  addressed  slide  5,  "Unrestricted  Petroleum                                                                    
Revenue Forecast: 2019  to 2021 Totals." He  stated that the                                                                    
slide  focused on  the petroleum  revenue.  The category  of                                                                    
revenue  took in  $2 billion  in FY  19, but  would decrease                                                                    
over the next two years.                                                                                                        
                                                                                                                                
9:16:39 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman asked  for a  brief explanation  about the                                                                    
royalty  deposit to  the Permanent  Fund. He  explained that                                                                    
there was a statute and a constitutional obligation.                                                                            
                                                                                                                                
Mr. Stickel replied that, under  the state constitution, the                                                                    
Permanent  Fund received  25 percent  of  all royalties  and                                                                    
related revenues  from minerals. The minerals  included oil,                                                                    
gas, and  any mining royalties.  He stated that there  was a                                                                    
statute  that provided  for leases  issued after  1980 would                                                                    
have an additional 25 percent  of royalties deposited to the                                                                    
Permanent  Fund.  He  explained   that  those  leases  under                                                                    
statute, 50 percent  of the royalties were  deposited to the                                                                    
Permanent  Fund. He  furthered  that  following the  statute                                                                    
results in  approximately 30 percent of  petroleum royalties                                                                    
were  deposited  into the  Permanent  Fund.  He stated  that                                                                    
following the  constitutional dedication would result  in 25                                                                    
percent of  royalties deposited into the  Permanent Fund. He                                                                    
noted  that the  difference  amounted  to approximately  $75                                                                    
million in FY 20; and $68 million in FY 21.                                                                                     
                                                                                                                                
Co-Chair Stedman remarked that the  issue would come back to                                                                    
the table  later in the  budgetary process, and  possibly in                                                                    
order of  operations. He  shared that  there was  a struggle                                                                    
with  the funding  through the  statutory obligation  of the                                                                    
royalties.                                                                                                                      
                                                                                                                                
Mr. Stickel  stressed that  only the  constitutional deposit                                                                    
was  made in  FY 19.  He furthered  that the  full statutory                                                                    
deposit was made  in the FY 20 budget.  The forecast assumed                                                                    
that  the statutory  deposit  would  be made  in  FY 21  and                                                                    
beyond.                                                                                                                         
                                                                                                                                
Senator  Wielechowski looked  at the  corporate income  tax,                                                                    
and wondered how  the number would change  if BP transferred                                                                    
its assets to Hillcorp.                                                                                                         
                                                                                                                                
Mr.  Stickel responded  that the  BP -  Hillcorp transaction                                                                    
was incorporated  into the  forecast, but  that was  as much                                                                    
detail as could be given.                                                                                                       
                                                                                                                                
Senator Wielechowski queried the transaction number.                                                                            
                                                                                                                                
                                                                                                                                
Acting Commissioner  Barnhill explained that there  were two                                                                    
statutes  in law  that required  the  Department of  Revenue                                                                    
(DOR)  Tax  Division to  keep  the  particulars of  taxpayer                                                                    
information and tax rate of  returns confidential. He stated                                                                    
that DOR  was advised  by the Department  of Law  (LAW) that                                                                    
all that could  be said with respect to  the transaction was                                                                    
that  it  had  been  modeled and  included  in  the  Revenue                                                                    
Sources  Book, but  they could  not  give specific  numbers,                                                                    
because it would violate the statute.                                                                                           
                                                                                                                                
Co-Chair Stedman shared that the  model would be shared, and                                                                    
there was a rough  percentage of ownership known. Therefore,                                                                    
there could be some estimated  numbers to measure the impact                                                                    
without using any confidential information.                                                                                     
                                                                                                                                
9:21:28 AM                                                                                                                    
                                                                                                                                
Acting  Commissioner Barnhill  stressed  that  DOR would  be                                                                    
available  to  provide  explanation  and  fiscal  impact  on                                                                    
proposed legislation that may change the tax law.                                                                               
                                                                                                                                
Co-Chair Stedman  stated that the committee  would work with                                                                    
the department.                                                                                                                 
                                                                                                                                
Senator Hoffman expressed concern  that it would drastically                                                                    
change the  landscape to  the state,  and was  worried about                                                                    
the  blueprint that  would devastate  the revenue  stream to                                                                    
the state.                                                                                                                      
                                                                                                                                
Co-Chair  Stedman stated  that  the corporate  tax rate  had                                                                    
changed   from  34   percent  to   21   percent  since   the                                                                    
implementation  of the  structure.  He expected  significant                                                                    
changes in  cash-splitting arrangements.  He noted  that the                                                                    
applied   corporate   structure   could   show   significant                                                                    
movements in cash.                                                                                                              
                                                                                                                                
Senator  Wielechowski  pointed  out  that  the  experts  had                                                                    
asserted  that the  lack of  transparency in  the state  was                                                                    
"shocking."  He noted  that the  finance  committee did  not                                                                    
know the  impact of the  BP - Hillcorp transfer.  He queried                                                                    
the  impact of  a  worldwide apportioning  of the  corporate                                                                    
income tax opposed to separate accounting.                                                                                      
                                                                                                                                
Co-Chair Stedman  felt that the  question was not  a germane                                                                    
subject,  but  that  the  discussion could  be  had  in  the                                                                    
future.                                                                                                                         
                                                                                                                                
9:25:56 AM                                                                                                                    
                                                                                                                                
Acting  Commissioner  Barnhill  replied  that  he  would  be                                                                    
willing to present on the subject.                                                                                              
                                                                                                                                
Co-Chair Stedman  stressed that the committee  would not ask                                                                    
the department to breach confidentiality.                                                                                       
                                                                                                                                
Acting  Commissioner  Barnhill   would  provide  appropriate                                                                    
information.                                                                                                                    
                                                                                                                                
Co-Chair Stedman stressed  that there would not  be a debate                                                                    
of the oil tax structure.                                                                                                       
                                                                                                                                
Senator  Wielechowski wondered  whether Acting  Commissioner                                                                    
Barnhill would support changes to  the transparency laws, so                                                                    
the information could be disclosed to Alaska.                                                                                   
                                                                                                                                
Acting  Commissioner Barnhill  replied  that  the would  not                                                                    
express support  nor opposition. He  stressed that it  was a                                                                    
deep policy discussion.                                                                                                         
                                                                                                                                
Senator Bishop  noted that the  revenue was  decreasing when                                                                    
there  was an  increase  to the  annual  rents. He  wondered                                                                    
whether  the  mining rent  increase  was  factored into  the                                                                    
Revenue  Sources Book.  He stated  that he  did not  need an                                                                    
answer immediately.                                                                                                             
                                                                                                                                
Mr.  Stickel  looked  at  slide   6,  "Changes  to  Two-Year                                                                    
Unrestricted  Revenue Outlook."  The slide  highlighted some                                                                    
of the key  changes in the revenue forecast  compared to the                                                                    
spring  forecast. He  shared that  Alaska North  Slope (ANS)                                                                    
oil prices  averaged 56  cents per  barrel higher  than what                                                                    
was forecasted  in the spring, however  unrestricted revenue                                                                    
came in  approximately $50 million  below the  forecast. The                                                                    
primary  reason for  the revenue  shortfall was  due to  the                                                                    
production  tax revenue,  which came  in $140  million below                                                                    
the spring forecast for unrestricted  revenue.  He explained                                                                    
that it had to do with  higher than expected refunds for the                                                                    
2018  tax   year.  He   furthered  that,   attributing  some                                                                    
production tax payments  to the CBR at the end  of the year,                                                                    
which reduced  the unrestricted  portion. He  explained that                                                                    
for FY  20, the  forecast of  ANS oil  price was  reduced by                                                                    
$2.46 per barrel. He stated that  for FY 21, the forecast of                                                                    
ANS  oil price  was  reduced by  $7 per  barrel  to $59  per                                                                    
barrel. The lower oil price forecast was the primary reason                                                                     
for reductions to the revenue forecast in both years.                                                                           
                                                                                                                                
Co-Chair Stedman stressed that the forecast for FY 21 would                                                                     
be updated in the spring, and may change from the fall                                                                          
forecast.                                                                                                                       
                                                                                                                                
9:30:19 AM                                                                                                                    
                                                                                                                                
Mr. Stickel highlighted slide 7, "Total Percent of Market                                                                       
Value (POMV) Transfer Forecast":                                                                                                
                                                                                                                                
     ?The  statutory   POMV  rate   changes  to   5  percent                                                                    
     beginning FY 2022.                                                                                                         
     ?For FY 2019 FY 2021 this rate is 5.25 percent.                                                                            
     ?Forecast  assumes  Permanent  Fund's  long-term  total                                                                    
     return expectation of 7 percent.                                                                                           
     ?Differing   Permanent  Fund   returns  and   petroleum                                                                    
     deposits could significantly alter actual POMV.                                                                            
                                                                                                                                
Co-Chair Stedman announced that the discussion could                                                                            
continue in a meeting with the Permanent Fund Corporation.                                                                      
                                                                                                                                
Mr. Stickel agreed.                                                                                                             
                                                                                                                                
Mr.   Stickel    addressed   slide   9,    "Price   Forecast                                                                    
Methodology":                                                                                                                   
                                                                                                                                
     ?In prior  years, the price  forecast was  formed based                                                                    
    on input from an annual price forecasting session.                                                                          
          o  Depending on  the  year,  the projections  were                                                                    
          used  directly, altered  based on  market factors,                                                                    
          or  discarded  entirely.  This decision  would  be                                                                    
          made in an ad-hoc manner.                                                                                             
     ?Beginning  with the  Fall 2019  Revenue Sources  Book,                                                                    
     the  oil price  forecast is  based on  the most  recent                                                                    
     futures market projections.                                                                                                
     ?For current  and next fiscal  year, using  Brent crude                                                                    
     oil  futures traded  on  the Intercontinental  Exchange                                                                    
     (ICE).                                                                                                                     
          o Premium applied to Alaska North Slope crude for                                                                     
          FY 2020                                                                                                               
     ?New method  allows for a  more timely  and transparent                                                                    
     forecast.                                                                                                                  
                                                                                                                                
Senator Wielechowski wondered whether  there was a back test                                                                    
of the  new methodology to  determine its accuracy  over the                                                                    
last 20 or 30 years.                                                                                                            
                                                                                                                                
Mr. Stickel  replied that there  was some back  testing, and                                                                    
it showed that  the futures market methodology  was at least                                                                    
as accurate as the previous methodology.                                                                                        
                                                                                                                                
Mr.   Stickel  highlighted   slide   10,  "Brent   Forecasts                                                                    
Comparison as of 1/16/2020." He  stated that the page showed                                                                    
four  years of  historical oil  prices and  projections from                                                                    
various sources.  The price projections  were shown  in real                                                                    
terms, so not including inflation.  He explained that in the                                                                    
month  and  a  half  since  the  preparation  of  the  price                                                                    
forecast, the  forecast was still  in line with  the futures                                                                    
prices. He  announced that the  futures market  was examined                                                                    
in the  morning, and  running the  prices today  would still                                                                    
result in $59 per barrel for  FY 21. He noted that, over the                                                                    
long  term,  the  forecast  was  slightly  higher  than  the                                                                    
futures  market,  because of  the  decision  to hold  prices                                                                    
constant after  the budget year.  The forecast  was slightly                                                                    
below  the  average  of oil  market  analysts,  and  several                                                                    
dollars   below  the   Federal  Energy   Information  Agency                                                                    
projections. He reiterated that there  was a range of prices                                                                    
forecasts available, and the  DOR forecast looked reasonable                                                                    
and conservative.                                                                                                               
                                                                                                                                
Mr. Stickel addressed  slide 11, "UGF Relative  to Price per                                                                    
Barrel  (without  POMV):  FY 2021."  He  asserted  that  the                                                                    
forecast would probably  be wrong. He stated  that the slide                                                                    
showed  how  unrestricted  revenues would  change  based  on                                                                    
different oil  prices for  FY 21. The  forecast was  $59 per                                                                    
barrel, resulting  in just under $2  billion of unrestricted                                                                    
revenue that did  not could the Permanent  Fund transfer. He                                                                    
shared  that  each once  dollar  change  to the  oil  price,                                                                    
resulted in approximately $30 million  to $35 million change                                                                    
in unrestricted revenue over the course of the year.                                                                            
                                                                                                                                
Co-Chair Stedman  asked about the  switch between  gross and                                                                    
net tax.                                                                                                                        
                                                                                                                                
Mr.  Stickel   stated  that  a  slide   would  address  that                                                                    
question.                                                                                                                       
                                                                                                                                
Mr.  Stickel   discussed  slide  13,   "Production  Forecast                                                                    
Methodology":                                                                                                                   
                                                                                                                                
     ?Ten-year  oil  production  forecast  for  the  Revenue                                                                    
     Sources Book is developed internally by DOR and DNR.                                                                       
     ?Official forecast  is most likely  value taken  from a                                                                    
     range  of possible  outcomes  consistent with  industry                                                                    
     best practice.                                                                                                             
     ?Consists   of   oil   volumes  produced   from   three                                                                    
     categories of wells/fields:                                                                                                
          o Currently Producing                                                                                                 
          o Under Development                                                                                                   
          o Under Evaluation                                                                                                    
                                                                                                                                
Mr.  Stickel highlighted  slide 14,  "North Slope  Petroleum                                                                    
Production  Forecast." The  official case  was used  for the                                                                    
revenue  forecast, which  had production  declining slightly                                                                    
over  the next  few years,  and recovering  to the  $500,000                                                                    
barrels per day. He noted  the slight difference in treating                                                                    
natural  gas  liquids,  which  were  used  in  enhanced  oil                                                                    
recovery.  The  barrels were  produced  at  Prudhoe Bay  and                                                                    
injected   in  the   Kuparuk   reservoir   to  support   oil                                                                    
production. The slide assumed 10,000  barrels per day of the                                                                    
natural gas  liquids. The projection numbers  in the Revenue                                                                    
Sources Book did not include  the barrels, because they were                                                                    
not delivered into the Trans-Alaska Pipeline System (TAPS)                                                                      
                                                                                                                                
Mr.   Stickel  looked   at   slide   16,  "Allowable   Lease                                                                    
Expenditures: Overview":                                                                                                        
                                                                                                                                
     ?   Costs   of   production   (i.e.   allowable   lease                                                                    
     expenditures) are deductible  against gross revenues to                                                                    
     calculate net taxable revenues.                                                                                            
          o Includes both operating and capital costs.                                                                          
          o  If a  company has  insufficient revenues  (i.e.                                                                    
          net operating  loss), remaining (or  excess) lease                                                                    
          expenditures can be carried  forward into a future                                                                    
          tax year.                                                                                                             
          o Capital costs are not depreciated for                                                                               
          production tax purposes.                                                                                              
          This means that taxes are reduced by development                                                                      
          costs prior to production, but are then higher                                                                        
          once production starts.                                                                                               
     ? If  35 percent of  the net taxable revenues  are less                                                                    
     than 4 percent  of the gross revenues,  the minimum tax                                                                    
     is due.                                                                                                                    
                                                                                                                                
9:40:04 AM                                                                                                                    
                                                                                                                                
Mr.  Stickel  addressed  slide 17,  "North  Slope  Allowable                                                                    
Lease Expenditures." He stated that  the slide showed a ten-                                                                    
year   history  and   forecast   of   the  allowable   lease                                                                    
expenditures  are for  the North  Slope. The  cost forecasts                                                                    
were  developed using  several  sources, including  detailed                                                                    
projections  provided by  the operators  of  every unit.  He                                                                    
stated that he also  examined historical spending trends and                                                                    
public  information. He  explained  that  when dealing  with                                                                    
some of the  new fields, there was a risk  factor applied to                                                                    
the costs of  those fields in agreement  with the production                                                                    
forecast. He noted that, looking  back over the last decade,                                                                    
both operating and capital expenditures  peaked in FY 15 and                                                                    
declined  with falling  prices in  the  following years.  He                                                                    
announced  that allowable  operating expenditures  were $2.9                                                                    
billion  in FY  19, and  there  was an  expectation that  it                                                                    
would  remain fairly  stable with  a slight  decline in  the                                                                    
upcoming year. He  stated that it would level  out around $3                                                                    
billion by FY  24 as new fields come online.  He shared that                                                                    
allowable  capital expenditures  were  $2.2  billion on  the                                                                    
North Slope in FY 19, which  was the first year of increases                                                                    
after three down years in a  row. He remarked that there was                                                                    
an  expectation  of capital  expenditures  to  peak at  $3.6                                                                    
billion in  FY 22, with  spending on large  new developments                                                                    
like Pikka  and Willow. He  shared that it would  then taper                                                                    
off later  in the  decade. He  noted that  in the  out years                                                                    
that  showed  capital   expenditures  declining,  there  was                                                                    
significant opportunity  to increase those forecasts  as new                                                                    
developments enter into the forecast.                                                                                           
                                                                                                                                
Co-Chair Stedman asked how the numbers were determined.                                                                         
                                                                                                                                
Mr.  Stickel replied  that the  historical information  came                                                                    
from production tax returns.                                                                                                    
                                                                                                                                
Co-Chair Stedman  surmised that the  forecasted expenditures                                                                    
could change  according to changing economic  conditions. He                                                                    
stated that the forecast should be considered a best guess.                                                                     
                                                                                                                                
Mr. Stickel  agreed. He stated  that it was  only pertaining                                                                    
to projects included in the production forecast.                                                                                
                                                                                                                                
Co-Chair Stedman  felt that the committee  would revisit the                                                                    
slide, and  have a discussion  with the Department  of Labor                                                                    
and Workforce Development (DLWD).                                                                                               
                                                                                                                                
Senator  Hoffman  queried  the correlation  between  capital                                                                    
expenditures and investment for exploration.                                                                                    
                                                                                                                                
Mr. Stickel replied that exploration  costs were included in                                                                    
the capital expenditure numbers.                                                                                                
                                                                                                                                
Senator  Hoffman  assumed that  after  2022  to 2029,  there                                                                    
would be a  $1.5 billion reduction, and  potentially a large                                                                    
portion of that would be less exploration in Alaska.                                                                            
                                                                                                                                
9:45:31 AM                                                                                                                    
                                                                                                                                
Mr. Stickel  replied that  the forecast  assumed a  level of                                                                    
ongoing exploration, which was  fairly similar to the recent                                                                    
couple of  years. The reduction  in capital  expenditures in                                                                    
the forecast had  to do with the  expectation of significant                                                                    
spending on  several new developments over  the upcoming two                                                                    
years. He  noted that there  were no large  new developments                                                                    
in the  forecast to  take up  the level  of spending  in the                                                                    
later years.                                                                                                                    
                                                                                                                                
Co-Chair Stedman requested a  breakdown of Senator Hoffman's                                                                    
request on the capital expenditures and its components.                                                                         
                                                                                                                                
Mr. Stickel  stated that there  was a slide in  the addendum                                                                    
that  provided  additional  detail, and  agreed  to  provide                                                                    
further information.                                                                                                            
                                                                                                                                
Mr. Stickel looked at slide  18, "North Slope Transportation                                                                    
Costs."  He explained  that the  slide showed  the costs  of                                                                    
pipelines, including TAPS and  marine transportation to move                                                                    
oil from  the North Slope  to market  on the west  coast. He                                                                    
shared  that transportation  costs  were  deducted from  the                                                                    
gross value  calculation for both tax  and royalty purposes.                                                                    
He explained  that, in general, transportation  costs varied                                                                    
with  production. He  furthered  that  as volume  decreased,                                                                    
costs on  a per  barrel basis increased.  He noted  the cost                                                                    
increase  from  FY 10  to  FY  14, as  production  declined,                                                                    
before  leveling  off  as  production  held  around  500,000                                                                    
barrels per  day. He noted  the changes in how  the pipeline                                                                    
tariffs were calculated, which  contributed to the reduction                                                                    
shown in FY 19.                                                                                                                 
                                                                                                                                
Senator Bishop  wondered whether Alyeska was  still in their                                                                    
strategic reconfiguration in FY 10  to FY 14, which added to                                                                    
part of  the increased  cost that should  be lower  than the                                                                    
transportation costs going forward.                                                                                             
                                                                                                                                
Mr. Stickel replied in the affirmative.                                                                                         
                                                                                                                                
Co-Chair Stedman noted the difference  in the percentage and                                                                    
the  actual  dollars,  at  roughly  $1.5  billion  spent  in                                                                    
shipping. He  requested a breakdown  on that  information to                                                                    
understand the underlying total  cost without the additional                                                                    
capital expenditures.                                                                                                           
                                                                                                                                
Mr. Stickel agreed to provide that information.                                                                                 
                                                                                                                                
Ms. Glover  highlighted slide 20, "Tax  Credits for Purchase                                                                    
Status." She stated  that the slide showed  the credits that                                                                    
could be purchased by the state.                                                                                                
                                                                                                                                
9:51:01 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman surmised  that  the  credits were  created                                                                    
several years  prior over a  period of time, but  had mostly                                                                    
since  been  terminated. He  noted  that  there was  a  bill                                                                    
pending  of roughly  $740 million  in liability.  He queried                                                                    
the required  statutory amount, if  the bill was paid  in FY                                                                    
20.                                                                                                                             
                                                                                                                                
Acting Commissioner  Barnhill replied that, for  purposes of                                                                    
the forecast, the economics research  group assumed that the                                                                    
state would  take a break  in FY  20. The state  would issue                                                                    
debts with a payoff of  the outstanding balance on the books                                                                    
in FY 21.                                                                                                                       
                                                                                                                                
Co-Chair  Stedman shared  that, in  the current  year, there                                                                    
was nothing in the budget  for the liability. He queried the                                                                    
amount of the statutory payment in the current year.                                                                            
                                                                                                                                
Mr. Stickel  replied that it was  approximately $100 million                                                                    
to $200 million, but agreed to provide that information.                                                                        
                                                                                                                                
Co-Chair  Stedman offered  the concept  of $150  million. He                                                                    
stressed that the bill had not yet been paid.                                                                                   
                                                                                                                                
9:55:33 AM                                                                                                                    
                                                                                                                                
Acting Commissioner  Barnhill remarked that  the legislature                                                                    
and  past  administrations  developed  an  idea  to  try  to                                                                    
attract smaller producers to come  to Alaska to do business.                                                                    
He  stated that  there  were multiple  programs imbedded  in                                                                    
that idea. He  shared that the state would  pay some portion                                                                    
of the  business's expenses  in cash.  He noted  that, since                                                                    
the inception  of the program,  the state had a  practice of                                                                    
paying off those credits in cash in a timely manner.                                                                            
                                                                                                                                
Co-Chair Stedman  stressed that it  was not a  discussion of                                                                    
credits,  rather  it  was  a  discussion  of  liability.  He                                                                    
remarked  that  there  was  an  open  ended  question  about                                                                    
resolution  before  the  end   of  the  current  legislative                                                                    
session.                                                                                                                        
                                                                                                                                
Co-Chair  von   Imhof  noted  that,  like   other  statutes,                                                                    
sometimes the  legislature ignores  them. She  stressed that                                                                    
the legislature  was the appropriating  body. She  looked at                                                                    
the $750  million in outstanding liability,  and shared that                                                                    
she  was part  of the  2017 effort  to end  the cash  credit                                                                    
program. She shared that the  bill made available allowances                                                                    
for a robust  secondary market to purchase  the credits. She                                                                    
noted  that  the  certificates had  been  purchased  in  the                                                                    
secondary market  at a steep discount.  She wondered whether                                                                    
it had affected some of the $750 million balance.                                                                               
                                                                                                                                
Acting  Commissioner Barnhill  replied  in the  affirmative,                                                                    
and deferred the details to Ms. Glover.                                                                                         
                                                                                                                                
Ms. Glover continued that she did  not know the price of the                                                                    
credits that  were being sold  on the secondary  market. She                                                                    
stated that  the balance was  dynamic, so the  credits could                                                                    
be  used against  a production  tax liability.  She did  not                                                                    
have the exact number of  what had been transferred or sold.                                                                    
She  remarked that  there was  a requirement  in statute  to                                                                    
provide which  credits the state  purchased in  the previous                                                                    
calendar year. She agreed to provide that draft soon.                                                                           
                                                                                                                                
10:01:35 AM                                                                                                                   
                                                                                                                                
Co-Chair von Imhof wondered whether  a possible $150 million                                                                    
tax certificate would be removed  if it was satisfied on the                                                                    
secondary market.                                                                                                               
                                                                                                                                
Ms.  Glover  replied that  it  would  reduce what  would  be                                                                    
available for purchase.                                                                                                         
                                                                                                                                
Co-Chair  Stedman surmised  that it  would not  be available                                                                    
for purchase if it was used against their tax liability.                                                                        
                                                                                                                                
Ms.  Glover  agreed,  but  it would  not  be  available  for                                                                    
purchase.                                                                                                                       
                                                                                                                                
                                                                                                                                
Senator Bishop appreciated the  conversation, because he had                                                                    
constituents that were owed the money.                                                                                          
                                                                                                                                
Senator Wielechowski  remarked that  the tax  credit statute                                                                    
was a discretionary statute. He  wondered whether the unpaid                                                                    
Permanent  Fund  Dividend  (PFD),   which  was  a  mandatory                                                                    
statute, be considered a debt.                                                                                                  
                                                                                                                                
Co-Chair Stedman felt that it was not a germane question.                                                                       
                                                                                                                                
Acting Commissioner  Barnhill replied  that the  dynamic and                                                                    
context of the  discussions had been about how  to deal with                                                                    
the statutes that suggested payments  of certain amounts. He                                                                    
stressed  that there  was not  enough  money to  pay all  of                                                                    
them, so there  was always a conversation about  how to move                                                                    
forward.  He stressed  that  the  administration's view  was                                                                    
that  Governor  Dunleavy  believed  that  the  state  should                                                                    
follow  the law  with  respect to  computation  of PFDs.  He                                                                    
stressed that Governor Dunleavy was  not opposed to a change                                                                    
in the PFD statutes, but he  wanted it to be approved by the                                                                    
vote of the people.                                                                                                             
                                                                                                                                
10:05:48 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  stressed that the committee  would stay on                                                                    
the revenue source subject. He  remarked that if there was a                                                                    
desire  to  have  a  meeting  on  policy  calls  and  policy                                                                    
differences, there would  be a scheduled meeting  to go into                                                                    
great depths on those differences.                                                                                              
                                                                                                                                
Ms. Glover displayed slide 21, "Tax Credit Bonding Update":                                                                     
                                                                                                                                
     ?  House  Bill 331  created  a  Corporation that  would                                                                    
     purchase  outstanding  oil and  gas  tax  credits at  a                                                                    
     discount,  and  spread  the funding  out  over  several                                                                    
     years through issuance of bonds.                                                                                           
     ?  The Corporation  has  not issued  any  bonds due  to                                                                    
     pending litigation.                                                                                                        
     ?  The Alaska  Supreme  Court heard  oral arguments  on                                                                    
     September 12,  2019. The court  has not committed  to a                                                                    
     decision date.                                                                                                             
     ? If  court rules in  favor of state,  Corporation will                                                                    
     issue bonds  up to $700  million in FY 2020  to finance                                                                    
     purchase of tax credit certificates                                                                                        
     ? No funds appropriated in FY 2020 operating budget                                                                        
     for purchase of tax credits outside of bonding                                                                             
     program.                                                                                                                   
                                                                                                                                
Ms. Glover discussed  slide 23, "Oil and  Gas Production Tax                                                                    
Audit Update":                                                                                                                  
                                                                                                                                
     ? Audit Status Update:                                                                                                     
          o 2013 audits completed in 1stquarter 2019                                                                            
          o On track for backlog reduction timeline:                                                                            
               .notdef 2014 audits complete by 3rdquarter 2020                                                                
               .notdef 2015-2017 audits complete by 3rd quarter                                                               
               2021                                                                                                             
               .notdef 2018-2019 audits complete by end of 2022                                                               
               .notdef Maintain 3-year audit cycle on go-forward                                                              
               basis                                                                                                            
     ? Procedural Improvements:                                                                                                 
          o Documented audit plans approved by taxpayer                                                                         
          o Scheduled routine communications during all                                                                         
          phases of the audit                                                                                                   
          o Leveraging Tax Revenue Management System (TRMS)                                                                     
          o Work papers generated from TRMS                                                                                     
                                                                                                                                
10:10:23 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman wondered whether  there was a difference in                                                                    
the workload  of the audit when  there is a price  below the                                                                    
trigger  point  of   the  net  profits  in   the  gross  tax                                                                    
calculation.  He asked  whether it  accelerated the  ability                                                                    
for the department to conduct audits.                                                                                           
                                                                                                                                
Ms. Glover replied in the  affirmative. She noted that there                                                                    
was a plan to do the FY 15 and FY 16 audits together.                                                                           
                                                                                                                                
Co-Chair Stedman  wondered whether the department  saved the                                                                    
data on  capital and operating  expenditures for  future use                                                                    
in keeping  track of  the activities in  the basin  when the                                                                    
industry was in the minimum tax calculation.                                                                                    
                                                                                                                                
Ms. Glover replied that the  information was reported to the                                                                    
department on a monthly basis.                                                                                                  
                                                                                                                                
Co-Chair  Stedman  wondered  whether  the  department  would                                                                    
consider shortening the audit timeline to three years.                                                                          
                                                                                                                                
Acting  Commissioner Barnhill  replied that,  from a  policy                                                                    
perspective,  three  years  was appropriate.  He  understood                                                                    
from a legislative perspective,  there could be a discussion                                                                    
about the subject.                                                                                                              
                                                                                                                                
Senator  Wilson  queried the  amount  from  the last  year's                                                                    
audits had been deposited into the CBR.                                                                                         
                                                                                                                                
Ms. Glover  referred to  the Revenue  Sources Book  (copy on                                                                    
file). She explained that the  information was on table 2-3.                                                                    
She noted that  for FY 19, there was  $181 million deposited                                                                    
into the CBR, which was  primarily tax and some royalty. She                                                                    
stated that the forecast for FY  20 was $200 million for tax                                                                    
and royalty settlements for the CBRF.                                                                                           
                                                                                                                                
Senator  Wilson  stressed  that he  wanted  to  examine  the                                                                    
potential outstanding balance of the CBR.                                                                                       
                                                                                                                                
Co-Chair Stedman  noted that the auditor  would address some                                                                    
of those issues.                                                                                                                
                                                                                                                                
10:15:57 AM                                                                                                                   
                                                                                                                                
Acting Commissioner  Barnhill thanked the committee  for the                                                                    
conversation,  and felt  that all  the  questions were  good                                                                    
questions. He  looked forward to supporting  the committee's                                                                    
efforts.                                                                                                                        
                                                                                                                                
Co-Chair   Stedman  shared   that  he   had  a   preliminary                                                                    
conversation with a consultant.                                                                                                 
                                                                                                                                
Mr.  Stickel  looked  at  slide   26,  "Alaska  North  Slope                                                                    
Transportation Costs: FY  1996  FY 2019." He  noted that the                                                                    
blue line  showed the average  transportation costs  in real                                                                    
terms,   excluding    inflation.   He   stated    that   the                                                                    
transportation costs  were fairly  stable from the  1990s to                                                                    
2011.  Those costs  increased  from 2011  to  2014, and  had                                                                    
decreased since  then. He remarked that  transportation as a                                                                    
share of  the ANS price  from 2005 through 2014,  which were                                                                    
the  higher oil  price  years, accounted  for  less than  10                                                                    
percent of the  ANS price. He stressed that  now that prices                                                                    
were in a lower price regime,  the state had been above that                                                                    
level for the last several years.                                                                                               
                                                                                                                                
Senator Wielechowski queried the  reason for the large spike                                                                    
from 2014 to 2016.                                                                                                              
                                                                                                                                
Mr. Stickel  replied that part  of the increase in  cost was                                                                    
reduced production.                                                                                                             
                                                                                                                                
10:20:18 AM                                                                                                                   
                                                                                                                                
Mr.  Stickel  highlighted  slide 27,  "Capital  Expenditures                                                                    
History  Compared to  Past Forecasts."  He  stated that  the                                                                    
chart  showed  thirteen  years  of  historical  North  Slope                                                                    
capital expenditures  and the  two-year forecast  of capital                                                                    
expenditures  made   each  fall.  He  shared   that  capital                                                                    
expenditures  tended to  come in  lower  than projected,  as                                                                    
projects were  scaled back. He  noted that  capital spending                                                                    
was a budget allowance.                                                                                                         
                                                                                                                                
Mr.  Stickel  addressed  slide 28,  "Operating  Expenditures                                                                    
History  Compared  to  Past  Forecasts."  He  remarked  that                                                                    
operating costs tended to come in higher than projections.                                                                      
                                                                                                                                
Co-Chair  Stedman felt  that the  department  could work  to                                                                    
show the projection versus reality.                                                                                             
                                                                                                                                
Mr.  Stickel  discussed slide  29,  "North  Slope Oil  Patch                                                                    
Historical   Employment."  He   stated  that   slide  showed                                                                    
employment in the North Slope oil patch.                                                                                        
                                                                                                                                
Mr. Stickel looked  at slide 30, "GVR  Eligible Units versus                                                                    
Non-GVR Eligible Units":                                                                                                        
                                                                                                                                
     ?  Gross  Value Reduction  (GVR)  allows  a company  to                                                                    
     exclude 20 percent or 30  percent of the Gross Value at                                                                    
     the  Point  of  Production  (GVPP)  from  the  net  tax                                                                    
     calculation.                                                                                                               
     ?  Areas  that  qualify  for GVR  include  North  Slope                                                                    
     leases and property:                                                                                                       
          1. Unitized after January 1st, 2003                                                                                   
          2. Unitized before January 1st, 2003 and meet                                                                         
          certain conditions                                                                                                    
          3.  Added to  existing  participating areas  after                                                                    
          January  1st, 2014  and  whose  production can  be                                                                    
          distinguished from  the rest of  the participating                                                                    
          area's production                                                                                                     
        Only   available  for  the  first   seven  years  of                                                                    
     production, ends early if ANS  prices average above $70                                                                    
     per barrel for any three years.                                                                                            
       Oil qualifying  for GVR also receives a  flat $5 Per-                                                                    
     Taxable-Barrel  Credit  rather than  the  Sliding-Scale                                                                    
     Credit   available   for   most   other   North   Slope                                                                    
     production.                                                                                                                
       As  a further  incentive, this  $5 Per-Taxable-Barrel                                                                    
     Credit  can be  applied to  reduce tax  liability below                                                                    
     the minimum tax floor,  assuming that the producer does                                                                    
     not seek to apply any Sliding-Scale Credit.                                                                                
                                                                                                                                
10:25:04 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman shared  that there would be  more detail at                                                                    
a future meeting.                                                                                                               
                                                                                                                                
Mr.  Stickel  looked at  slide  31,  "North Slope  Allowable                                                                    
Lease Expenditures  Breakout." He stated that  the slide may                                                                    
address some earlier questions from Senator Hoffman.                                                                            
                                                                                                                                
Mr. Stickel highlighted slide 32,  "Forecasted Impact of IMO                                                                    
2020 Regulations":                                                                                                              
                                                                                                                                
     ?  Alaska  North Slope  (ANS)  crude  oil is  currently                                                                    
     trading at a $2 premium compared to Brent.                                                                                 
     ? Reasons for the premium include:                                                                                         
          o Low production of Iranian and Venezuelan crudes                                                                     
          o Low production of ANS crude in recent months                                                                        
          o IMO 2020, new low-sulfur marine fuel standards                                                                      
          beginning January 2020                                                                                                
     ?  International Maritime  Organization (IMO)  2020 has                                                                    
     significant  and relatively  foreseeable effect  on ANS                                                                    
     prices,  so our  ANS price  includes a  premium for  FY                                                                    
     2020.                                                                                                                      
     ? We  anticipate the component  of the ANS  premium due                                                                    
     to IMO 2020 will subside by FY 2021.                                                                                       
                                                                                                                                
10:31:10 AM                                                                                                                   
                                                                                                                                
Mr.  Stickel  addressed  slide 33,  "Minimum  Tax   Net  Tax                                                                    
Crossover: FY  2021." He remarked  that the  exact crossover                                                                    
point varied for each company,  but the slide represented an                                                                    
aggregated calculation.                                                                                                         
                                                                                                                                
Co-Chair  Stedman  requested  a  break  over  point  with  a                                                                    
comparison slide with the production tax value.                                                                                 
                                                                                                                                
Mr. Stickel agreed to provide that information.                                                                                 
                                                                                                                                
Co-Chair von  Imhof queried a  model that showed  what would                                                                    
occur  if expenditures  and other  assumptions would  affect                                                                    
the  blue  line.  She  noted that  there  was  a  relatively                                                                    
consistent  slope,  so she  inferred  that  the current  tax                                                                    
structure  allowed  for  some space  for  expenditures.  She                                                                    
wondered  whether the  line would  be affected  by different                                                                    
assumptions.                                                                                                                    
                                                                                                                                
Mr.  Stickel  replied  in the  affirmative,  and  agreed  to                                                                    
provide further information.                                                                                                    
                                                                                                                                
10:35:02 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman noted  that there  was conversation  about                                                                    
the breakeven  point. He  requested some  sensitivity tables                                                                    
to see what factors would alter that breakeven point.                                                                           
                                                                                                                                
Mr. Stickel agreed to provide that information.                                                                                 
                                                                                                                                
Co-Chair von Imhof stressed that the  state was in a zone of                                                                    
preproduction.                                                                                                                  
                                                                                                                                
Co-Chair Stedman felt that the  sensitivity tables should be                                                                    
provided in a timely manner.                                                                                                    
                                                                                                                                
Senator  Wielechowski  remarked  that  the  initiative  only                                                                    
applied to  the three  legacy fields,  so should  not affect                                                                    
the internal rate of return  of any of the new developments.                                                                    
He asked for the impacts of the non-legacy fields.                                                                              
                                                                                                                                
Co-Chair Stedman  felt that the response  should be provided                                                                    
during that specific subject.                                                                                                   
                                                                                                                                
Mr.  Stickel   discussed  slide   34,  "'Count   the  Cash':                                                                    
Petroleum Net  Fiscal Impact." The  slide should the  net to                                                                    
the  state   treasury  by  removing  tax   credits  and  the                                                                    
potential   value   of   any  carry-forward   earned   lease                                                                    
expenditures.                                                                                                                   
                                                                                                                                
10:40:06 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman explained  that  he  requested the  chart,                                                                    
because  there was  a desire  to examine  the impact  of the                                                                    
credits.                                                                                                                        
                                                                                                                                
Senator Hoffman  felt that there  could be an  addition that                                                                    
addressed what  would occur after  the petroleum  revenue to                                                                    
the  state  was  considered  "net",   because  there  was  a                                                                    
difference of the profit per barrel.                                                                                            
                                                                                                                                
Co-Chair  Stedman  wanted  to  see the  impact  of  all  the                                                                    
expenditures and all the revenue, and the cash available.                                                                       
                                                                                                                                
Mr. Stickel agreed to provide that information.                                                                                 
                                                                                                                                
Mr. Stickel highlighted slide 35,  "FY 2021 "Count the Cash"                                                                    
Petroleum  Breakdown."  The  slide showed  the  addition  of                                                                    
various  sources of  cash  coming into  the  state, and  the                                                                    
illustration  of  the value  of  potential  offsets to  that                                                                    
cash.                                                                                                                           
                                                                                                                                
Co-Chair Stedman assumed that  the chart reflected the final                                                                    
column on the previous slide.                                                                                                   
                                                                                                                                
Mr. Stickel agreed.                                                                                                             
                                                                                                                                
Co-Chair  Stedman expressed  concern, because  he could  not                                                                    
take  the $330  million that  was owed  in the  previous tax                                                                    
credits, because it would result in a distortion.                                                                               
                                                                                                                                
Mr. Stickel looked at slide  36, "State Petroleum Revenue by                                                                    
Land  Type."  He stated  that  the  slide showed  the  state                                                                    
revenue from different land types.                                                                                              
                                                                                                                                
Co-Chair Stedman discussed the following day's agenda.                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:48:01 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:47 a.m.                                                                                         

Document Name Date/Time Subjects
012320 Fall 2019 Revenue Fcst Presentation_20200122_1130a.pdf SFIN 1/23/2020 9:00:00 AM
Fall Revenue Forecast DOR
030320 DOR Response to Senate Finance 012320.pdf SFIN 1/23/2020 9:00:00 AM
2020 DOR Fall Forecast