Legislature(2011 - 2012)BUTROVICH 205

02/25/2012 01:00 PM Senate RESOURCES


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01:04:03 PM Start
01:04:27 PM SB192
02:18:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled
= SB 192 OIL AND GAS PRODUCTION TAX RATES
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                       February 25, 2012                                                                                        
                           1:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Joe Paskvan, Co-Chair                                                                                                   
Senator Thomas Wagoner, Co-Chair                                                                                                
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Bert Stedman                                                                                                            
Senator Lesil McGuire                                                                                                           
Senator Hollis French                                                                                                           
Senator Gary Stevens                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Dennis Egan                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 192                                                                                                             
"An Act relating to the oil and gas production tax; and                                                                         
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 192                                                                                                                  
SHORT TITLE: OIL AND GAS PRODUCTION TAX RATES                                                                                   
SPONSOR(s): RESOURCES                                                                                                           
                                                                                                                                
02/08/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/12       (S)       RES, FIN                                                                                               
02/10/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/10/12       (S)       Heard & Held                                                                                           
02/10/12       (S)       MINUTE(RES)                                                                                            
02/13/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/13/12       (S)       Heard & Held                                                                                           
02/13/12       (S)       MINUTE(RES)                                                                                            
02/14/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/14/12       (S)       Heard & Held                                                                                           
02/14/12       (S)       MINUTE(RES)                                                                                            
02/15/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/15/12       (S)       Heard & Held                                                                                           
02/15/12       (S)       MINUTE(RES)                                                                                            
02/16/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/16/12       (S)       Heard & Held                                                                                           
02/16/12       (S)       MINUTE(RES)                                                                                            
02/17/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/17/12       (S)       Heard & Held                                                                                           
02/17/12       (S)       MINUTE(RES)                                                                                            
02/21/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/21/12       (S)       Heard & Held                                                                                           
02/21/12       (S)       MINUTE(RES)                                                                                            
02/22/12       (S)       RES AT 1:30 PM BUTROVICH 205                                                                           
02/22/12       (S)       Heard & Held                                                                                           
02/22/12       (S)       MINUTE(RES)                                                                                            
02/22/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/22/12       (S)       Heard & Held                                                                                           
02/22/12       (S)       MINUTE(RES)                                                                                            
02/23/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/23/12       (S)       Heard & Held                                                                                           
02/23/12       (S)       MINUTE(RES)                                                                                            
02/24/12       (S)       RES AT 1:30 PM BUTROVICH 205                                                                           
02/24/12       (S)       -- MEETING CANCELED --                                                                                 
02/24/12       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/24/12       (S)       Heard & Held                                                                                           
02/24/12       (S)       MINUTE(RES)                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARY JACKSON, Staff                                                                                                             
Senator REPRESENTATIVE THOMPSON Wagoner                                                                                         
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained a proposed amendment B.2 to SB 192                                                              
for the committee.                                                                                                              
                                                                                                                                
MICHELLE SYDEMAN, Staff                                                                                                         
Senator Bill Wielechowski                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained proposed amendment B.13 to SB 192.                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:04:03 PM                                                                                                                    
CO-CHAIR  JOE  PASKVAN  called   the  Senate  Resources  Standing                                                             
Committee meeting  to order at 1:04  p.m. Present at the  call to                                                               
order   were   Senators   French,  McGuire,   Stevens,   Stedman,                                                               
Wielechowski, Co-chair Wagoner and Co-Chair Paskvan.                                                                            
                                                                                                                                
            SB 192-OIL AND GAS PRODUCTION TAX RATES                                                                         
                                                                                                                                
1:04:27 PM                                                                                                                    
CO-CHAIR  PASKVAN   announced  consideration  of  SB   192  [CSSB
192(RES),  labeled 27-LS1305\B,  was  before  the committee].  He                                                               
thanked committee members for  their professionalism yesterday in                                                               
dealing  with the  amendments saying  that it  was important  for                                                               
people  to see  and understand  the process  as they  advance the                                                               
concept of  this production tax  bill. The goal has  not changed;                                                               
these concepts are  being advanced to make Alaska  a better place                                                               
for Alaskans all across the state.                                                                                              
                                                                                                                                
1:06:43 PM                                                                                                                    
CO-CHAIR PASKVAN said they would  start today's conversation with                                                               
Senator  McGuire's  proposed   amendments  labeled  27-LS1305\B.5                                                               
(Item 9) and 27-LS1305\B.4 (Item 8).                                                                                            
                                                                                                                                
                                                 27-LS1305\B.5                                                                  
                                                Nauman/Bullock                                                                  
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "oil and gas production tax"                                                                                 
          Insert "tax rates applicable to oil and gas                                                                         
     production when the average production  tax value for a                                                                  
     BTU equivalent barrel of oil and gas is more than $30"                                                                   
                                                                                                                                
     Page 1, line 3, through page 2, line 6:                                                                                    
          Delete all material and insert:                                                                                       
        "*  Section  1.   AS 43.55.011(g)  is  repealed  and                                                                
     reenacted to read:                                                                                                         
          (g)  For each month of the calendar year for                                                                          
     which  the producer's  average  monthly production  tax                                                                    
     value under AS 43.55.160(a)(2)  for each BTU equivalent                                                                    
     barrel of  the taxable  oil and gas  is more  than $30,                                                                    
     the  amount  of tax  for  purposes  of (e)(2)  of  this                                                                    
     section  is  determined   by  multiplying  the  monthly                                                                    
     production  tax  value  of  the  taxable  oil  and  gas                                                                    
     produced during  the month by the  following tax rates,                                                                    
     as applicable:                                                                                                             
               (1)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable  oil and  gas for  the month  is not  more than                                                                    
     $42.50, the tax  rate is 2.5 percent  of the difference                                                                    
     between that average monthly production  tax value of a                                                                    
     BTU equivalent barrel and $30;                                                                                             
               (2)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and  gas for the month is  more than $42.50                                                                    
     but not more than $55, the tax rates are                                                                                   
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30; and                                                                                       
               (B)   7.5 percent  of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $42.50;                                                                                                       
               (3)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for the  month is more than $55 but                                                                    
     not more than $67.50, the tax rates are                                                                                    
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (C)   12.5 percent of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $55;                                                                                                          
               (4)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and  gas for the month is  more than $67.50                                                                    
     but not more than $80, the tax rates are                                                                                   
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (C)   12.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (D)   17.5 percent of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $67.50;                                                                                                       
               (5)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for the  month is more than $80 but                                                                    
     not more than $92.50, the tax rates are                                                                                    
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (C)   12.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (D)   17.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (E)   22.5 percent of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $80;                                                                                                          
               (6)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for  the month is more than $92.50,                                                                    
     the tax rates are                                                                                                          
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (C)   12.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (D)   17.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (E)   22.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (F)   25  percent of  the monthly  production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $92.50.                                                                                                       
        * Sec. 2. The uncodified  law of the State of Alaska                                                                  
     is amended by adding a new section to read:                                                                                
          APPLICABILITY. Section 1 of this Act applies to                                                                       
     oil and gas produced after December 31, 2012.                                                                              
        * Sec. 3. The uncodified  law of the State of Alaska                                                                  
     is amended by adding a new section to read:                                                                                
          TRANSITION:   REGULATIONS.   The   Department   of                                                                    
     Revenue may  adopt regulations  to implement  this Act.                                                                    
     The    regulations   take    effect   under    AS 44.62                                                                    
     (Administrative  Procedure  Act),  but not  before  the                                                                    
     effective   date  of   the   provision   of  this   Act                                                                    
     implemented by the regulation.                                                                                             
        *  Sec.  4.  Section  1 of  this  Act  takes  effect                                                                  
     January 1, 2013.                                                                                                           
        * Sec. 5. Except as provided  in sec. 4 of this Act,                                                                  
     this    Act    takes     effect    immediately    under                                                                    
     AS 01.10.070(c)."                                                                                                          
                                                                                                                                
And Item 8:                                                                                                                     
                                                                                                                                
                                                 27-LS1305\B.4                                                                  
                                                Nauman/Bullock                                                                  
                                                      2/24/12                                                                   
                                                                                                                                
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "oil and gas production tax"                                                                                 
          Insert "tax rates applicable to oil and gas                                                                         
     production when the average production  tax value for a                                                                  
     BTU equivalent barrel of oil and gas is more than $30"                                                                   
                                                                                                                                
     Page 1, line 3, through page 2, line 6:                                                                                    
          Delete all material and insert:                                                                                       
        "*  Section  1.   AS 43.55.011(g)  is  repealed  and                                                                
     reenacted to read:                                                                                                         
          (g)  For each month of the calendar year for                                                                          
     which  the producer's  average  monthly production  tax                                                                    
     value under AS 43.55.160(a)(2)  for each BTU equivalent                                                                    
     barrel of  the taxable  oil and gas  is more  than $30,                                                                    
     the  amount  of tax  for  purposes  of (e)(2)  of  this                                                                    
     section  is  determined   by  multiplying  the  monthly                                                                    
     production  tax  value  of  the  taxable  oil  and  gas                                                                    
     produced during  the month by the  following tax rates,                                                                    
     as applicable:                                                                                                             
               (1)  if the producer's average monthly                                                                           
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable  oil and  gas for  the month  is not  more than                                                                    
     $42.50, the tax  rate is 2.5 percent  of the difference                                                                    
     between that average monthly production  tax value of a                                                                    
     BTU equivalent barrel and $30;                                                                                             
               (2)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and  gas for the month is  more than $42.50                                                                    
     but not more than $55, the tax rates are                                                                                   
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30; and                                                                                       
               (B)   7.5 percent  of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $42.50;                                                                                                       
               (3)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for the  month is more than $55 but                                                                    
     not more than $67.50, the tax rates are                                                                                    
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (C)   12.5 percent of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $55;                                                                                                          
               (4)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and  gas for the month is  more than $67.50                                                                    
     but not more than $80, the tax rates are                                                                                   
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (C)   12.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (D)   17.5 percent of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $67.50;                                                                                                       
               (5)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for the  month is more than $80 but                                                                    
     not more than $92.50, the tax rates are                                                                                    
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (C)   12.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (D)   17.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (E)   22.5 percent of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $80;                                                                                                          
               (6)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and  gas for the month is  more than $92.50                                                                    
     but not more than $105, the tax rates are                                                                                  
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (C)   12.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (D)   17.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (E)   22.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (F)   25  percent of  the monthly  production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $92.50;                                                                                                       
               (7)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil  and gas  for the month  is more  than $105                                                                    
     but not more than $117.50, the tax rates are                                                                               
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (C)   12.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (D)   17.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (E)   22.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (F)  25 percent of  the next higher $12.50 of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel; and                                                                                                                
               (G)   30  percent of  the monthly  production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $105;                                                                                                         
               (8)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable  oil  and  gas  for  the  month  is  more  than                                                                    
     $117.50, the tax rates are                                                                                                 
               (A)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (B)   7.5 percent  of the next  higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (C)   12.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (D)   17.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (E)   22.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (F)  25 percent of  the next higher $12.50 of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel;                                                                                                                    
               (G)  30 percent of  the next higher $12.50 of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel; and                                                                                                                
               (H)   35  percent of  the monthly  production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $117.50.                                                                                                      
        * Sec. 2. The uncodified  law of the State of Alaska                                                                  
     is amended by adding a new section to read:                                                                                
          APPLICABILITY. Section 1 of this Act applies to                                                                       
     oil and gas produced after December 31, 2012.                                                                              
        * Sec. 3. The uncodified  law of the State of Alaska                                                                  
     is amended by adding a new section to read:                                                                                
          TRANSITION:   REGULATIONS.   The   Department   of                                                                    
     Revenue may  adopt regulations  to implement  this Act.                                                                    
     The    regulations   take    effect   under    AS 44.62                                                                    
     (Administrative  Procedure  Act),  but not  before  the                                                                    
     effective   date  of   the   provision   of  this   Act                                                                    
     implemented by the regulation.                                                                                             
        *  Sec.  4.  Section  1 of  this  Act  takes  effect                                                                  
     January 1, 2013.                                                                                                           
        * Sec. 5. Except as provided  in sec. 4 of this Act,                                                                  
     this    Act    takes     effect    immediately    under                                                                    
     AS 01.10.070(c)."                                                                                                          
                                                                                                                                
SENATOR MCGUIRE explained that the  part of the conversation they                                                               
were entering into today centered  around the progressivity piece                                                               
of  ACES  (Alaska's  Clear  and   Equitable  Share)  formula  for                                                               
taxation. When ACES was adopted they  looked at a base rate of 25                                                               
percent up to $30 a barrel  progressing to .4 percent after that.                                                               
Later on  in the ACES  discussion they  entering into a  high oil                                                               
price environmental  and came across  the idea of a  windfall tax                                                               
where the state  would take more money at the  upper end. Gaffney                                                               
Kline, the  legislature's consultant, predicted a  high oil price                                                               
environment for possibly the next two decades.                                                                                  
                                                                                                                                
SENATOR EGAN joined the meeting.                                                                                                
                                                                                                                                
SENATOR MCGUIRE said the concept  was rooted in a reasonable idea                                                               
- that Alaskans owning the resources  in common, as stated in the                                                               
Constitution, would share in the  upside potential. She has heard                                                               
from both large and small gas  and oil companies that even though                                                               
they are  in an  exploratory phase  now, that  to enter  into the                                                               
next  phase where  production  will occur  the  marginal rate  of                                                               
taxation becomes  uncompetitive at the higher  brackets. She said                                                               
that  another legislative  consultant,  Pedro van  Meurs, in  the                                                               
interim,  presented   a  well-thought   analysis  of   five  ACES                                                               
deficiencies as follows:                                                                                                        
                                                                                                                                
1. PPT tax rates  up to 75 percent in addition  to the 41 percent                                                               
of corporate income  tax are too high to  stimulate efficiency in                                                               
operations.                                                                                                                     
                                                                                                                                
2.  The price  base sliding  scales result  in a  situation where                                                               
under high  oil prices the  producer is  better off with  a lower                                                               
price.                                                                                                                          
                                                                                                                                
3.  The  excessive  tax  credits  result  in  a  situation  where                                                               
Alaskans  may end  up paying  all of  the cost  of a  well (under                                                               
credits).                                                                                                                       
                                                                                                                                
4.  There  is no  low  side  for  the  state and  under  marginal                                                               
circumstances the  ACES system actually  creates a  negative PPT.                                                               
In other words the state might lose money.                                                                                      
                                                                                                                                
5.  The  BOE  concept  results  in  a  situation  where  new  gas                                                               
production could  lead to massive  losses of oil  based revenues.                                                               
This issue is  "decoupling," or separating oil  and gas taxation.                                                               
Mr. Van Meurs  called it cross-subsidization and  said that under                                                               
the current system Alaska is losing money.                                                                                      
                                                                                                                                
1:13:43 PM                                                                                                                    
SENATOR MCGUIRE  said she  was offering  these two  amendments on                                                               
behalf of those  who believe the system is  no longer competitive                                                               
based on  the high  progressivity rate.  They would  "bracket out                                                               
progressivity." The second one would  create two higher brackets,                                                               
but both would  begin the bracketing at $30 to  $42.50 with a tax                                                               
rate  of 2.5  percent;  $42.50 to  $55  with a  tax  rate of  7.5                                                               
percent; $55  to $67.50 with a  12.5 percent tax rate,  $67.50 to                                                               
$80  with a  17.5 percent  tax rate,  $80 to  $92.50 with  a 22.5                                                               
percent tax rate,  $92.50 to $105 would start the  capped rate of                                                               
25 tax rate in Amendment B.5.                                                                                                   
                                                                                                                                
She explained  that Amendment B.4  was different from B.5  in one                                                               
area; it adds two more brackets,  which would result in more take                                                               
for the government  of 30 percent for $105 to  $117.50 oil and 35                                                               
percent  tax  above  $117.50.  This   amendment  was  offered  by                                                               
Representative  Herron  in the  House;  the  testimony behind  it                                                               
simply  reflecting that  people thought  the government  ought to                                                               
have more of a take at those higher two brackets.                                                                               
                                                                                                                                
1:17:21 PM                                                                                                                    
SENATOR MCGUIRE pointed  out that yesterday oil  was $129 barrel;                                                               
so  we  are right  on  the  edge of  tipping  over  into the  top                                                               
bracket. She said the state's take would change as follows:                                                                     
FY13 $700 million                                                                                                               
FY14 $1.3 billion                                                                                                               
FY15 $1.1 billion                                                                                                               
FY16 $1.15 billion                                                                                                              
FY17 $1.50 billion                                                                                                              
FY18 $1.15 billion                                                                                                              
                                                                                                                                
1:18:50 PM                                                                                                                    
At ease from 1:18 to 1:19 p.m.                                                                                                  
                                                                                                                                
1:19:24 PM                                                                                                                    
SENATOR  MCGUIRE  said  the  concept  was  to  make  Alaska  more                                                               
competitive and what  the state lost up front  would hopefully be                                                               
made up with the increase  in investment. The committee struggled                                                               
with getting  assurances from  all the  companies that  under the                                                               
proposed formula they would invest  billions. However, she feared                                                               
doing nothing and  this amendment would not bring  back the flow,                                                               
but it would help stem the tide.                                                                                                
                                                                                                                                
SENATOR STEDMAN said  he thought the capital  credits would erase                                                               
all of the progressivity.                                                                                                       
                                                                                                                                
SENATOR  MCGUIRE  concurred,  saying that  backup  data  supports                                                               
that.                                                                                                                           
                                                                                                                                
CO-CHAIR PASKVAN  said he hoped Alaskan  citizens understood that                                                               
the tax  system as a  whole has many levers  and no one  lever is                                                               
the silver bullet.                                                                                                              
                                                                                                                                
1:26:04 PM                                                                                                                    
CO-CHAIR  PASKVAN invited  Senator  McGuire to  explain Item  10,                                                               
Amendment B.7.                                                                                                                  
                                                                                                                                
                                                 27-LS1305\B.7                                                                  
                                                Nauman/Bullock                                                                  
                                                                                                                                
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 1, following "tax":                                                                                         
          Insert "rate; relating to monthly installment                                                                       
     payments of  the oil and  gas production  tax; relating                                                                  
     to  oil  and  gas  production  tax  credits,  including                                                                  
     qualified    capital     credits    for    exploration,                                                                  
     development, and production"                                                                                             
                                                                                                                                
     Page 1, line 3, through page 2, line 6:                                                                                    
          Delete all material and insert:                                                                                       
        "* Section 1. AS 43.55.011(e) is amended to read:                                                                   
          (e)  There is levied on the producer of oil or                                                                        
     gas a  tax for all  oil and gas produced  each calendar                                                                    
     year from  each lease  or property  in the  state, less                                                                    
     any  oil and  gas the  ownership or  right to  which is                                                                    
     exempt  from  taxation  or  constitutes  a  landowner's                                                                    
     royalty  interest. Except  as otherwise  provided under                                                                    
     (f),  (j), (k),  and (o)  of this  section, the  tax is                                                                    
     equal to the sum of                                                                                                        
               [(1)]  the annual production tax value of                                                                        
     the taxable oil and gas                                                                                                  
               (1)  produced from a lease or property not                                                                   
     described  in  (2)  of this  subsection  as  calculated                                                                
     under AS 43.55.160(a)(1) multiplied  by 25 percent, and                                                                
     the sum, over  all months of the calendar  year, of the                                                                
     tax amounts  determined under  (g)(1) of  this section;                                                                
     and                                                                                                                        
               (2)  produced during the first seven                                                                         
     consecutive   years  after   the  start   of  sustained                                                                
     production  or produced  during the  first seven  years                                                                
     after  the   effective  date  of  this   bill  section,                                                                
     whichever   is  later,   from  a   lease  or   property                                                                
     containing  land that  was not  or  previously had  not                                                                
     been within  a unit or  in commercial production  as of                                                                
     December 31,     2008,      as     calculated     under                                                                
     AS 43.55.160(a)(1)  multiplied by  15 percent,  and the                                                                
     sum, over all  months of the calendar year,  of the tax                                                                    
     amounts determined under (g)(2)  [(g)] of this section;                                                            
     in  this  paragraph,  "sustained  production"  has  the                                                                
     meaning given in AS 43.55.025(l).                                                                                      
        * Sec. 2. AS 43.55.011(g)  is repealed and reenacted                                                                  
     to read:                                                                                                                   
          (g)  For each month of the calendar year for                                                                          
     which  the producer's  average  monthly production  tax                                                                    
     value under AS 43.55.160(a)(2)  for each BTU equivalent                                                                    
     barrel of  the taxable  oil and gas  is more  than $30,                                                                    
     the amount of tax for purposes                                                                                             
               (1)  of (e)(1) of this section is determined                                                                     
     by multiplying the monthly production  tax value of the                                                                    
     taxable oil  and gas produced  during the month  by the                                                                    
     tax rate calculated as follows:                                                                                            
               (A)  if the producer's average monthly                                                                           
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable  oil and  gas for  the month  is not  more than                                                                    
     $92.50, the tax  rate is 0.4 percent  multiplied by the                                                                    
     number  that  represents  the difference  between  that                                                                    
     average  monthly   production  tax   value  of   a  BTU                                                                    
     equivalent barrel and $30; or                                                                                              
               (B)  if the producer's average monthly                                                                           
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for  the month is more than $92.50,                                                                    
     the tax rate  is the sum of 25 percent  and the product                                                                    
     of   0.1  percent   multiplied  by   the  number   that                                                                    
     represents the  difference between the  average monthly                                                                    
     production  tax value  of a  BTU equivalent  barrel and                                                                    
     $92.50,  except  that  the sum  determined  under  this                                                                    
     subparagraph may not exceed 50 percent;                                                                                    
               (2)  of (e)(2) of  this section is determined                                                                    
     by multiplying the monthly production  tax value of the                                                                    
     taxable oil  and gas produced  during the month  by the                                                                    
     following tax rates, as applicable:                                                                                        
               (A)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable  oil and  gas for  the month  is not  more than                                                                    
     $42.50, the tax  rate is 2.5 percent  of the difference                                                                    
     between that average monthly production  tax value of a                                                                    
     BTU equivalent barrel and $30;                                                                                             
               (B)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and  gas for the month is  more than $42.50                                                                    
     but not more than $55, the tax rates are                                                                                   
               (i)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30; and                                                                                       
               (ii)   7.5 percent of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $42.50;                                                                                                       
               (C)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for the  month is more than $55 but                                                                    
     not more than $67.50, the tax rates are                                                                                    
               (i)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (ii)   7.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (iii)      12.5   percent  of   the   monthly                                                                    
     production  tax value  for each  BTU equivalent  barrel                                                                    
     that is greater than $55;                                                                                                  
               (D)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and  gas for the month is  more than $67.50                                                                    
     but not more than $80, the tax rates are                                                                                   
               (i)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (ii)   7.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (iii)    12.5  percent  of  the  next  higher                                                                    
     $12.50  of monthly  production tax  value for  each BTU                                                                    
     equivalent barrel;                                                                                                         
               (iv)  17.5 percent  of the monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $67.50;                                                                                                       
               (E)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for the  month is more than $80 but                                                                    
     not more than $92.50, the tax rates are                                                                                    
               (i)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (ii)   7.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (iii)    12.5  percent  of  the  next  higher                                                                    
     $12.50  of monthly  production tax  value for  each BTU                                                                    
     equivalent barrel;                                                                                                         
               (iv)  17.5 percent  of the next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (v)   22.5 percent of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $80;                                                                                                          
               (F)    if   the  producer's  average  monthly                                                                    
     production tax value of a  BTU equivalent barrel of the                                                                    
     taxable oil and gas for  the month is more than $92.50,                                                                    
     the tax rates are                                                                                                          
               (i)    2.5 percent  on  the  first $12.50  of                                                                    
     monthly production  tax value  for each  BTU equivalent                                                                    
     barrel that is greater than $30;                                                                                           
               (ii)   7.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (iii)    12.5  percent  of  the  next  higher                                                                    
     $12.50  of monthly  production tax  value for  each BTU                                                                    
     equivalent barrel;                                                                                                         
               (iv)  17.5 percent  of the next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel;                                                                                                         
               (v)   22.5 percent of the  next higher $12.50                                                                    
     of   monthly  production   tax  value   for  each   BTU                                                                    
     equivalent barrel; and                                                                                                     
               (vi)   25 percent  of the  monthly production                                                                    
     tax  value  for  each  BTU equivalent  barrel  that  is                                                                    
     greater than $92.50.                                                                                                       
        * Sec. 3. AS 43.55.020(a) is amended to read:                                                                         
          (a)  For a calendar year, a producer subject to                                                                       
     tax under  AS 43.55.011(e) - (i)  shall pay the  tax as                                                                    
     follows:                                                                                                                   
               (1)  an installment payment of the estimated                                                                     
     tax levied  by AS 43.55.011(e), net of  any tax credits                                                                    
     applied as  allowed by  law, is due  for each  month of                                                                    
     the  calendar year  on the  last day  of the  following                                                                    
     month; except  as otherwise provided under  (2) of this                                                                    
     subsection, the  amount of  the installment  payment is                                                                    
     the sum of the following  amounts, less 1/12 of the tax                                                                    
     credits that are  allowed by law to  be applied against                                                                    
     the  tax levied  by  AS 43.55.011(e)  for the  calendar                                                                    
     year,  but the  amount of  the installment  payment may                                                                    
     not be less than zero:                                                                                                     
               (A)  for oil and gas produced from leases or                                                                     
     properties  in   the  state  outside  the   Cook  Inlet                                                                    
     sedimentary basin  but not subject  to AS 43.55.011(o),                                                                    
     other   than   leases    or   properties   subject   to                                                                    
     AS 43.55.011(f), the greater of                                                                                            
               (i)  zero; or                                                                                                    
               (ii)      the   applicable   tax   rates   in                                                                
     AS 43.55.011(e) and  (g) applied to [SUM  OF 25 PERCENT                                                                
     AND  THE  TAX  RATE  CALCULATED  FOR  THE  MONTH  UNDER                                                                    
     AS 43.55.011(g) MULTIPLIED  BY] the  remainder obtained                                                                    
     by subtracting  1/12 of  the producer's  adjusted lease                                                                    
     expenditures for the calendar  year of production under                                                                    
     AS 43.55.165 and 43.55.170 that  are deductible for the                                                                    
     leases or properties under  AS 43.55.160 from the gross                                                                    
     value at  the point  of production of  the oil  and gas                                                                    
     produced  from  the  leases or  properties  during  the                                                                    
     month for which the installment payment is calculated;                                                                     
               (B)  for oil and gas produced from leases or                                                                     
     properties subject to AS 43.55.011(f), the greatest of                                                                     
               (i)  zero;                                                                                                       
               (ii)  zero percent, one percent, two                                                                             
     percent,   three   percent,   or   four   percent,   as                                                                    
     applicable,  of  the  gross   value  at  the  point  of                                                                    
     production of the oil and  gas produced from all leases                                                                    
     or   properties  during   the  month   for  which   the                                                                    
     installment payment is calculated; or                                                                                      
               (iii)  the applicable tax rates in                                                                           
     AS 43.55.011(e) and  (g) applied to [SUM  OF 25 PERCENT                                                                
     AND  THE  TAX  RATE  CALCULATED  FOR  THE  MONTH  UNDER                                                                    
     AS 43.55.011(g) MULTIPLIED  BY] the  remainder obtained                                                                    
     by subtracting  1/12 of  the producer's  adjusted lease                                                                    
     expenditures for the calendar  year of production under                                                                    
     AS 43.55.165  and  43.55.170  that are  deductible  for                                                                    
     those leases or properties  under AS 43.55.160 from the                                                                    
     gross value at  the point of production of  the oil and                                                                    
     gas  produced from  those leases  or properties  during                                                                    
     the  month   for  which  the  installment   payment  is                                                                    
     calculated;                                                                                                                
               (C)  for oil and gas produced from each                                                                          
     lease or  property subject to AS 43.55.011(j),  (k), or                                                                    
     (o), the greater of                                                                                                        
               (i)  zero; or                                                                                                    
               (ii)      the   applicable   tax   rates   in                                                                
     AS 43.55.011(e) and  (g) applied to [SUM  OF 25 PERCENT                                                                
     AND  THE  TAX  RATE  CALCULATED  FOR  THE  MONTH  UNDER                                                                    
     AS 43.55.011(g) MULTIPLIED  BY] the  remainder obtained                                                                    
     by subtracting  1/12 of  the producer's  adjusted lease                                                                    
     expenditures for the calendar  year of production under                                                                    
     AS 43.55.165  and 43.55.170  that are  deductible under                                                                    
     AS 43.55.160  for oil  or  gas, respectively,  produced                                                                    
     from the lease or property  from the gross value at the                                                                    
     point of  production of the  oil or  gas, respectively,                                                                    
     produced from  the lease or  property during  the month                                                                    
     for which the installment payment is calculated;                                                                           
               (2)  an amount calculated under (1)(C) of                                                                        
     this subsection  for oil or  gas produced from  a lease                                                                    
     or  property subject  to AS 43.55.011(j),  (k), or  (o)                                                                    
     may  not exceed  the product  obtained by  carrying out                                                                    
     the calculation  set out  in AS 43.55.011(j)(1)  or (2)                                                                    
     or 43.55.011(o), as  applicable, for gas or  set out in                                                                    
     AS 43.55.011(k)(1) or (2), as  applicable, for oil, but                                                                    
     substituting  in  AS 43.55.011(j)(1)(A)  or  (2)(A)  or                                                                    
     43.55.011(o), as applicable, the  amount of taxable gas                                                                    
     produced  during the  month for  the amount  of taxable                                                                    
     gas produced during the  calendar year and substituting                                                                    
     in AS 43.55.011(k)(1)(A) or  (2)(A), as applicable, the                                                                    
     amount  of taxable  oil produced  during the  month for                                                                    
     the amount of taxable  oil produced during the calendar                                                                    
     year;                                                                                                                      
               (3)  an installment payment of the estimated                                                                     
     tax  levied  by  AS 43.55.011(i)   for  each  lease  or                                                                    
     property is due for each  month of the calendar year on                                                                    
     the last day of the  following month; the amount of the                                                                    
     installment payment is the sum of                                                                                          
               (A)  the applicable tax rate for oil                                                                             
     provided  under  AS 43.55.011(i),   multiplied  by  the                                                                    
     gross  value at  the  point of  production  of the  oil                                                                    
     taxable  under AS 43.55.011(i)  and  produced from  the                                                                    
     lease or property during the month; and                                                                                    
               (B)  the applicable tax rate for gas                                                                             
     provided  under  AS 43.55.011(i),   multiplied  by  the                                                                    
     gross  value at  the  point of  production  of the  gas                                                                    
     taxable  under AS 43.55.011(i)  and  produced from  the                                                                    
     lease or property during the month;                                                                                        
               (4)  any amount of tax levied by                                                                                 
     AS 43.55.011(e) or  (i), net of any  credits applied as                                                                    
     allowed by law,  that exceeds the total  of the amounts                                                                    
     due as installment payments of  estimated tax is due on                                                                    
     March 31  of the  year following  the calendar  year of                                                                    
     production.                                                                                                                
        * Sec. 4. AS 43.55.023(g) is amended to read:                                                                         
          (g)  The issuance of a transferable tax credit                                                                        
     certificate under (d) of this  section or former (m) of                                                            
     this  section or  the purchase  of a  certificate under                                                                    
     AS 43.55.028  does not  limit the  department's ability                                                                    
     to  later  audit  a  tax  credit  claim  to  which  the                                                                    
     certificate  relates  or to  adjust  the  claim if  the                                                                    
     department determines,  as a result of  the audit, that                                                                    
     the applicant  was not  entitled to  the amount  of the                                                                    
     credit for  which the certificate  was issued.  The tax                                                                    
     liability  of the  applicant under  AS 43.55.011(e) and                                                                    
     43.55.017  - 43.55.180  is increased  by the  amount of                                                                    
     the  credit that  exceeds that  to which  the applicant                                                                    
     was  entitled,  or   the  applicant's  available  valid                                                                    
     outstanding credits  applicable against the  tax levied                                                                    
     by AS 43.55.011(e)  are reduced by that  amount. If the                                                                    
     applicant's  tax  liability  is  increased  under  this                                                                    
     subsection,   the   increase   bears   interest   under                                                                    
     AS 43.05.225 from the date  the transferable tax credit                                                                    
     certificate   was   issued.   For  purposes   of   this                                                                    
     subsection,  an  applicant  that   is  an  explorer  is                                                                    
     considered  a producer  subject  to the  tax levied  by                                                                    
     AS 43.55.011(e).                                                                                                           
        * Sec. 5. AS 43.55.023(l) is amended to read:                                                                         
          (l)  A producer or explorer may apply for a tax                                                                       
     credit  for a  well lease  expenditure incurred  in the                                                                    
     state  [SOUTH  OF  68  DEGREES  NORTH  LATITUDE]  after                                                                    
     December 31,  2012, and  before  January 1, 2023  [JUNE                                                                
     30, 2010], as follows:                                                                                                     
               (1)  notwithstanding that a well lease                                                                           
     expenditure incurred in the state                                                                                          
               (A)  south of 68 degrees North latitude may                                                                  
     be  a  deductible  lease expenditure  for  purposes  of                                                                    
     calculating  the production  tax value  of oil  and gas                                                                    
     under  AS 43.55.160(a),   unless  a  credit   for  that                                                                    
     expenditure  is  taken  under   (a)  of  this  section,                                                                    
     AS 38.05.180(i),    AS 41.09.010,   AS 43.20.043,    or                                                                    
     AS 43.55.025,  a producer  or  explorer  that incurs  a                                                                    
     well  lease  expenditure  in  the  state  south  of  68                                                                    
     degrees North latitude may elect  to apply a tax credit                                                                    
     against a  tax levied by AS 43.55.011(e)  in the amount                                                                    
     of 40 percent of that expenditure;                                                                                         
               (B)  north of 68 degrees North latitude and                                                                  
     outside of  a unit  or in commercial  production before                                                                
     December 31,   2008,   may   be  a   deductible   lease                                                                
     expenditure for purposes  of calculating the production                                                                
     tax value of oil  and gas under AS 43.55.160(a), unless                                                                
     a credit  for that  expenditure is  taken under  (a) of                                                                
     this     section,    AS 38.05.180(i),     AS 41.09.010,                                                                
     AS 43.20.043, or  AS 43.55.025, a producer  or explorer                                                                
     that  incurs  a well  lease  expenditure  in the  state                                                                
     north of  68 degrees  North latitude  and outside  of a                                                                
     unit  or in  commercial production  before December 31,                                                                
     2008, may  elect to  apply a tax  credit against  a tax                                                                
     levied by  AS 43.55.011(e) in the amount  of 40 percent                                                                
     of  that   expenditure;  [A   TAX  CREDIT   UNDER  THIS                                                                
     PARAGRAPH MAY BE APPLIED FOR A SINGLE CALENDAR YEAR;]                                                                      
               (2)  a producer or explorer may take a                                                                           
     credit  for   a  well  lease  expenditure   under  this                                                                
     subsection incurred  [IN THE STATE SOUTH  OF 68 DEGREES                                                                
     NORTH  LATITUDE]  in   connection  with  geological  or                                                                    
     geophysical  exploration  or   in  connection  with  an                                                                    
     exploration well only if the producer or explorer                                                                          
               (A)  agrees, in writing, to the applicable                                                                       
     provisions of AS 43.55.025(f)(2); and                                                                                      
               (B)  submits to the Department of Natural                                                                        
     Resources  all  data  that  would  be  required  to  be                                                                    
     submitted under AS 43.55.025(f)(2).                                                                                        
        * Sec. 6. AS 43.55.023(l)  is repealed and reenacted                                                                  
     to read:                                                                                                                   
          (l)  A producer or explorer may apply for a tax                                                                       
     credit  for a  well lease  expenditure incurred  in the                                                                    
     state  south   of  68  degrees  North   latitude  after                                                                    
     December 31, 2022, as follows:                                                                                             
               (1)  notwithstanding that a well lease                                                                           
     expenditure incurred  in the state south  of 68 degrees                                                                    
     North latitude  may be  a deductible  lease expenditure                                                                    
     for purposes  of calculating  the production  tax value                                                                    
     of oil  and gas under AS 43.55.160(a),  unless a credit                                                                    
     for  that  expenditure  is  taken  under  (a)  of  this                                                                    
     section,  AS 38.05.180(i), AS 41.09.010,  AS 43.20.043,                                                                    
     or AS 43.55.025,  a producer or explorer  that incurs a                                                                    
     well  lease  expenditure  in  the  state  south  of  68                                                                    
     degrees North latitude may elect  to apply a tax credit                                                                    
     against a  tax levied by AS 43.55.011(e)  in the amount                                                                    
     of 40 percent  of that expenditure; a  tax credit under                                                                    
     this  paragraph may  be applied  for a  single calendar                                                                    
     year;                                                                                                                      
               (2)  a producer or explorer may take a                                                                           
     credit  for a  well lease  expenditure incurred  in the                                                                    
     state south of 68  degrees North latitude in connection                                                                    
     with  geological  or   geophysical  exploration  or  in                                                                    
     connection  with  an  exploration   well  only  if  the                                                                    
     producer or explorer                                                                                                       
               (A)  agrees, in writing, to the applicable                                                                       
     provisions of AS 43.55.025(f)(2); and                                                                                      
               (B)  submits to the Department of Natural                                                                        
     Resources  all  data  that  would  be  required  to  be                                                                    
     submitted under AS 43.55.025(f)(2).                                                                                        
        * Sec. 7. AS 43.55.023(n) is amended to read:                                                                         
          (n)  For the purposes of (l) [AND (m)] of this                                                                        
     section,  a well  lease  expenditure  [INCURRED IN  THE                                                                    
     STATE SOUTH  OF 68 DEGREES  NORTH LATITUDE] is  a lease                                                                    
     expenditure that is                                                                                                        
               (1)  directly related to an exploration                                                                          
     well, a  stratigraphic test well, a  producing well, or                                                                    
     an injection well other than  a disposal well, [LOCATED                                                                    
     IN THE  STATE SOUTH OF  68 DEGREES NORTH  LATITUDE,] if                                                                    
     the expenditure is a  qualified capital expenditure and                                                                    
     an intangible drilling  and development cost authorized                                                                    
     under 26  U.S.C. (Internal  Revenue Code),  as amended,                                                                    
     and  26 C.F.R.  1.612-4,  regardless  of the  elections                                                                    
     made  under 26  U.S.C.  263(c); in  this paragraph,  an                                                                    
     expenditure  directly related  to  a  well includes  an                                                                    
     expenditure  for  well  sidetracking,  well  deepening,                                                                    
     well  completion  or  recompletion, or  well  workover,                                                                    
     regardless  of  whether  the  well is  or  has  been  a                                                                    
     producing well; or                                                                                                         
               (2)  an expense for seismic work conducted                                                                       
     within the  boundaries of  a production  or exploration                                                                    
     unit.                                                                                                                      
        * Sec. 8. AS 43.55.028(e) is amended to read:                                                                         
          (e)  The department, on the written application                                                                       
     of  a   person  to  whom  a   transferable  tax  credit                                                                    
     certificate  has been  issued under  AS 43.55.023(d) or                                                                    
     former AS 43.55.023(m)  [(m)] or  to whom  a production                                                                
     tax   credit   certificate   has  been   issued   under                                                                    
     AS 43.55.025(f),  may use  available money  in the  oil                                                                    
     and gas  tax credit  fund to purchase,  in whole  or in                                                                    
     part, the certificate if the department finds that                                                                         
               (1)  the calendar year of the purchase is                                                                        
     not earlier than the first  calendar year for which the                                                                    
     credit  shown on  the  certificate  would otherwise  be                                                                    
     allowed to be applied against a tax;                                                                                       
               (2)  [REPEALED                                                                                                   
               (3)  REPEALED                                                                                                    
               (4)]  the applicant does not have an                                                                             
     outstanding   liability  to   the   state  for   unpaid                                                                    
     delinquent taxes under this title;                                                                                         
               (3) [(5)]  the applicant's total tax                                                                         
     liability under  AS 43.55.011(e), after  application of                                                                    
     all  available tax  credits, for  the calendar  year in                                                                    
     which the application is made is zero;                                                                                     
               (4) [(6)]  the applicant's average daily                                                                     
     production    of   oil    and    gas   taxable    under                                                                    
     AS 43.55.011(e) during the  calendar year preceding the                                                                    
     calendar year in which the  application is made was not                                                                    
     more than 50,000 BTU equivalent barrels; and                                                                               
               (5) [(7)]  the purchase is consistent with                                                                   
     this  section   and  regulations  adopted   under  this                                                                    
     section.                                                                                                                   
        * Sec. 9. AS 43.55.028(g) is amended to read:                                                                         
          (g)  The department may adopt regulations to                                                                          
     carry  out  the  purposes of  this  section,  including                                                                    
     standards  and procedures  to allocate  available money                                                                    
     among  applications for  purchases  under this  chapter                                                                    
     and  claims for  refunds  under  AS 43.20.046 when  the                                                                    
     total  amount  of  the applications  for  purchase  and                                                                    
     claims for refund exceed the  amount of available money                                                                    
     in the fund. The  regulations adopted by the department                                                                    
     may not,  when allocating  available money in  the fund                                                                    
     under this section, distinguish  an application for the                                                                    
     purchase of  a credit  certificate issued  under former                                                                
     AS 43.55.023(m)   or   a   claim   for   refund   under                                                                    
     AS 43.20.046.                                                                                                              
        * Sec. 10. AS 43.55.023(m) is repealed.                                                                               
        *  Sec.  11. The  uncodified  law  of the  State  of                                                                  
     Alaska is amended by adding a new section to read:                                                                         
          APPLICABILITY. (a) Sections 4, 5, 7, and 10 of                                                                        
     this   Act  apply   to   expenditures  incurred   after                                                                    
     December 31, 2012.                                                                                                         
          (b)  Sections 1 - 3 of this Act apply to oil and                                                                      
     gas produced after December 31, 2012.                                                                                      
          (c)  Section 6 of this Act applies to                                                                                 
     expenditures incurred after December 31, 2022.                                                                             
        *  Sec.  12. The  uncodified  law  of the  State  of                                                                  
     Alaska is amended by adding a new section to read:                                                                         
          TRANSITION:   REGULATIONS.   The   Department   of                                                                    
     Revenue may  adopt regulations  to implement  this Act.                                                                    
     The    regulations   take    effect   under    AS 44.62                                                                    
     (Administrative  Procedure  Act),  but not  before  the                                                                    
     effective   date  of   the   provision   of  this   Act                                                                    
     implemented by the regulation.                                                                                             
        * Sec.  13. Sections 1  - 5, 7  - 10, and  11(a) and                                                                  
     (b) of this Act take effect January 1, 2013.                                                                               
        * Sec.  14. Sections  6 and 11(c)  of this  Act take                                                                  
     effect January 1, 2023.                                                                                                    
        * Sec. 15. Except as provided  in secs. 13 and 14 of                                                                  
     this  Act, this  Act  takes effect   immediately  under                                                                    
     AS 01.10.070(c)."                                                                                                          
                                                                                                                                
SENATOR MCGUIRE said she offered this concept as hope for new                                                                   
entrants. For instance, Armstrong has contracts that are                                                                        
contingent upon Alaska becoming more competitive.                                                                               
                                                                                                                                
CO-CHAIR PASKVAN asked her to develop her seven year concept.                                                                   
                                                                                                                                
1:28:12 PM                                                                                                                    
SENATOR MCGUIRE  responded a  lot of  discussion had  taken place                                                               
about how  long a company should  have to prove up  its resources                                                               
and  seven years  seemed to  work, although  the committee  could                                                               
decide on a different number.                                                                                                   
                                                                                                                                
1:29:16 PM                                                                                                                    
CO-CHAIR PASKVAN said Senator Wielechowski would next comment on                                                                
Item 11.                                                                                                                        
                                                                                                                                
                                                      27-LS1305\B.8                                                             
                                                     Nauman/Bullock                                                             
                                                                                                                              
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 3, through page 2, line 5:                                                                                    
          Delete all material and insert:                                                                                       
        "* Section 1. AS 43.55.011(g) is amended to read:                                                                   
          (g)  For each month of the calendar year for                                                                          
     which  the producer's  average  monthly production  tax                                                                    
     value   under  AS 43.55.160(a)(2)   for  a   [PER]  BTU                                                                
     equivalent barrel  of the taxable  oil and gas  is more                                                                    
     than $30, the  amount of tax for purposes  of (e)(2) of                                                                    
     this section  is determined by multiplying  the monthly                                                                    
     production  tax  value  of  the  taxable  oil  and  gas                                                                    
     produced during  the month by  the tax  rate calculated                                                                    
     as follows:                                                                                                                
               (1)  if the producer's average monthly                                                                           
     production tax value for a  [PER] BTU equivalent barrel                                                                
     of the  taxable oil and gas  for the month is  not more                                                                    
     than $92.50, the tax rate  is 0.4 percent multiplied by                                                                    
     the number that represents  the difference between that                                                                    
     average monthly  production tax value  for a  [PER] BTU                                                                
     equivalent barrel and $30; or                                                                                              
               (2)  if the producer's average monthly                                                                           
     production tax value for a  [PER] BTU equivalent barrel                                                                
     of the taxable  oil and gas for the month  is more than                                                                    
     $92.50, the tax  rate is the sum of 25  percent and the                                                                    
     product of  0.1 percent  multiplied by the  number that                                                                    
     represents the  difference between the  average monthly                                                                    
     production tax value for a  [PER] BTU equivalent barrel                                                                
     and $92.50,  except that the sum  determined under this                                                                    
     paragraph may not exceed 35 [50] percent."                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI  said  this amendment  was  crafted  before                                                               
seeing the  CS and it  caps progressivity  at 60 percent.  He had                                                               
been persuaded by expert and  industry testimony that the state's                                                               
tax structure is  on the high end at about  60 percent. But given                                                               
that, a lot of countries  are higher; Argentina and Pakistan, for                                                               
instance,  take  100 percent  after  $60,  Venezuela takes  90-95                                                               
percent, Libya,  Russian, China,  Kazakhstan and Angola  take 90-                                                               
plus percent  at high dollars.  So, he didn't think  Alaska's tax                                                               
structure  was  uncompetitive,  but  in order  to  make  it  more                                                               
competitive, a 60 percent cap  on progressivity should be modeled                                                               
and considered.                                                                                                                 
                                                                                                                                
Generally, he  said the state has  had a philosophy of  low taxes                                                               
for decades.  For example, the  economic limit factor  (ELF) that                                                               
didn't tax new  fields was in place from the  1970s through 2006.                                                               
Kuparuk and Prudhoe  were taxed at 12.5-15 percent  of the gross.                                                               
Every year  under the  ELF, as the  fields became  "marginal" the                                                               
tax rate  declined. But, regardless  of the  conventional wisdom,                                                               
low taxes didn't  lead to more investment  or production. Instead                                                               
production declined at a rate of  5.8 percent and by 2006, 15 out                                                               
of 19  fields were  paying zero  taxes on  the North  Slope. From                                                               
2001 - 2006 the  price of oil more than tripled  from $20 to over                                                               
$60  and yet  production  continued to  decline at  a  rate of  8                                                               
percent.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI said since  ACES passed (raising taxes), the                                                               
state has had  all-time highs in jobs, investment  and the number                                                               
of companies  doing business  on the  North Slope,  that tripled.                                                               
"We want more production," he said  and this is an attempt to see                                                               
if lowering the  tax rate would do that. At  high dollars this is                                                               
a "big  give." He had  other amendments  that he hoped  passed in                                                               
conjunction with  this one, because  the state should  be getting                                                               
something in return.                                                                                                            
                                                                                                                                
1:33:11 PM                                                                                                                    
SENATOR  FRENCH  said Senator  Wielechowski  did  a good  job  of                                                               
explaining the  philosophy behind the  amendment and he is  a co-                                                               
signer of  it, but  he wasn't  sure he  would support  it without                                                               
seeing a model.                                                                                                                 
                                                                                                                                
He  stated that  it's important  for the  public to  remember how                                                               
progressivity works. Nothing gets taxed  in Alaska until a profit                                                               
is  turned. Every  single expense  in the  oil field  is deducted                                                               
from  the price  of a  barrel of  oil before  paying tax.  Once a                                                               
company starts making  a dollar of profit, the  first $30 doesn't                                                               
have  progressivity. Like  Senator Wielechowski,  he said  he had                                                               
reservations about  this aspect of  the reform, because  it comes                                                               
with  no  strings and  could  result  in  zero extra  dollars  of                                                               
investment coming  into the State  of Alaska. For that  reason he                                                               
was going to be very cautious in adjusting progressivity.                                                                       
                                                                                                                                
1:35:12 PM                                                                                                                    
CO-CHAIR PASKVAN  reiterated that  he thought it  was appropriate                                                               
and important  to put this  concept on the  table so it  could be                                                               
discussed  thoroughly.  He  then asked  Senator  Wielechowski  to                                                               
explain the concept in Item 18.                                                                                                 
                                                                                                                                
                                                27-LS1305\B.18                                                                  
                                                      Bullock                                                                   
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     BY SENATOR WIELECHOWSKI                                                                                                    
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 3, through page 2, line 5:                                                                                    
          Delete all material and insert:                                                                                       
        "* Section 1. AS 43.55.011(g) is amended to read:                                                                 
          (g)  For each month of the calendar year for                                                                          
     which  the producer's  average  monthly production  tax                                                                    
     value   under  AS 43.55.160(a)(2)   of   a  [PER]   BTU                                                                
     equivalent barrel  of the taxable  oil and gas  is more                                                                    
     than $30, the  amount of tax for purposes  of (e)(2) of                                                                    
     this section  is determined by multiplying  the monthly                                                                    
     production  tax  value  of  the  taxable  oil  and  gas                                                                    
     produced during  the month by  the tax  rate calculated                                                                    
     as follows:                                                                                                                
               (1)  if the producer's average monthly                                                                           
     production tax  value of a [PER]  BTU equivalent barrel                                                                
     of the  taxable oil and gas  for the month is  not more                                                                    
     than  $67.50  [$92.50], the  tax  rate  is 0.4  percent                                                                
     multiplied   by   the   number  that   represents   the                                                                    
     difference between that  average monthly production tax                                                                    
     value of a [PER] BTU equivalent barrel and $30; [OR]                                                                   
               (2)  if the producer's average monthly                                                                           
     production tax  value of a [PER]  BTU equivalent barrel                                                                
     of the taxable  oil and gas for the month  is more than                                                                    
     $67.50 but  is not  more than $92.50,  the tax  rate is                                                                
     the  sum of  15 [25]  percent and  the product  of 0.35                                                            
     [0.1] percent multiplied by  the number that represents                                                                    
     the difference  between the average  monthly production                                                                    
     tax value of a [PER]  BTU equivalent barrel and $67.50;                                                            
     or                                                                                                                     
               (3)  if the producer's average monthly                                                                       
     production tax value of a  BTU equivalent barrel of the                                                                
     taxable oil and gas for  the month is more than $92.50,                                                                
     the  tax rate  is  the  sum of  23.75  percent and  the                                                                
     product of  0.1 percent  multiplied by the  number that                                                                
     represents the  difference between the  average monthly                                                                
     production  tax value  of a  BTU equivalent  barrel and                                                                
     $92.50,  except  that  the sum  determined  under  this                                                                    
     paragraph may not exceed 35 [50] percent."                                                                             
                                                                                                                                
1:36:22 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  he didn't  know if  he would  support                                                               
this until  he saw  it modeled,  but B.18  addresses a  couple of                                                               
problems.  It  lowers  progressivity   at  60  percent  like  the                                                               
previous  amendment, but  it does  a couple  of other  things, as                                                               
well. He  explained that industry  has repeatedly  expressed that                                                               
the  marginal tax  rate  is  too high  and  this amendment  would                                                               
"slightly bend" the marginal tax rate curve at about 85 percent.                                                                
                                                                                                                                
He  related that  industry says  that marginal  tax rates  impact                                                               
investment. They can also create  a significant gold plating risk                                                               
for  the state  in  terms  of potentially  paying  more than  100                                                               
percent  of   a  company's   incremental  investment.   So,  this                                                               
amendment solves  that problem by  capping progressivity  from 75                                                               
percent down  to 60 percent. The  base tax rate would  remain the                                                               
same at  25 percent up through  the 40 percent for  $102 oil. The                                                               
Governor  said  he  thinks  the current  ACES  tax  structure  is                                                               
competitive at $60-80and that it  became high at $100 compared to                                                               
North America,  which is good,  but Senator Wielechowski  said he                                                               
wasn't sure North  America was what Alaska  should compare itself                                                               
to.                                                                                                                             
                                                                                                                                
This amendment reduces  the progressivity from .4  percent in the                                                               
tax curve at around $102 to  .35 percent. Once $92.50 is met, the                                                               
progressivity  is  reduced  to  .1  percent.  This  solves  three                                                               
problems: the issue of high marginal  tax rate, too high of a cap                                                               
and gold  platting; and he  will know  better when it  is modeled                                                               
whether those statements are accurate.                                                                                          
                                                                                                                                
1:39:47 PM                                                                                                                    
CO-CHAIR PASKVAN  found no  questions on  B.18 and  asked Senator                                                               
Wielechowski to explain Item 12.                                                                                                
                                                                                                                                
                                                 27-LS1305\B.9                                                                  
                                                Nauman/Bullock                                                                  
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 1, following "tax;":                                                                                        
          Insert "providing for a reduction in production                                                                     
     tax value for certain oil;"                                                                                              
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Sec. 2. AS 43.55.160(a) is amended to read:                                                                      
          (a)  Except as provided in (b) of this section                                                                        
     and subject  to an  adjustment under  AS 43.55.162, for                                                                
     the purposes of                                                                                                            
               (1)  AS 43.55.011(e), the annual production                                                                      
     tax value of the taxable                                                                                                   
               (A)  oil and gas produced during a calendar                                                                      
     year  from  leases  or properties  in  the  state  that                                                                    
     include land north of 68  degrees North latitude is the                                                                    
     gross value at  the point of production of  the oil and                                                                    
     gas taxable  under AS 43.55.011(e) and produced  by the                                                                    
     producer  from those  leases  or  properties, less  the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar  year  applicable  to  the  oil  and  gas                                                                    
     produced  by   the  producer   from  those   leases  or                                                                    
     properties,  as   adjusted  under   AS 43.55.170;  this                                                                    
     subparagraph  does   not  apply   to  gas   subject  to                                                                    
     AS 43.55.011(o);                                                                                                           
               (B)  oil and gas produced during a calendar                                                                      
     year  from leases  or properties  in the  state outside                                                                    
     the Cook Inlet  sedimentary basin, no part  of which is                                                                    
     north of 68 degrees North  latitude, is the gross value                                                                    
     at the point  of production of the oil  and gas taxable                                                                    
     under  AS 43.55.011(e)  and  produced by  the  producer                                                                    
     from those  leases or  properties, less  the producer's                                                                    
     lease expenditures under  AS 43.55.165 for the calendar                                                                    
     year  applicable to  the oil  and gas  produced by  the                                                                    
     producer from  those leases or properties,  as adjusted                                                                    
     under  AS 43.55.170; this  subparagraph does  not apply                                                                    
     to gas subject to AS 43.55.011(o);                                                                                         
               (C)  oil produced during a calendar year                                                                         
     from a lease or property  in the Cook Inlet sedimentary                                                                    
     basin is the gross value  at the point of production of                                                                    
     the oil  taxable under AS 43.55.011(e) and  produced by                                                                    
     the  producer from  that lease  or  property, less  the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar year  applicable to  the oil  produced by                                                                    
     the producer  from that lease or  property, as adjusted                                                                    
     under AS 43.55.170;                                                                                                        
               (D)  gas produced during a calendar year                                                                         
     from a lease or property  in the Cook Inlet sedimentary                                                                    
     basin is the gross value  at the point of production of                                                                    
     the gas  taxable under AS 43.55.011(e) and  produced by                                                                    
     the  producer from  that lease  or  property, less  the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar year  applicable to  the gas  produced by                                                                    
     the producer  from that lease or  property, as adjusted                                                                    
     under AS 43.55.170;                                                                                                        
               (E)  gas produced during a calendar year                                                                         
     from  a  lease  or  property  outside  the  Cook  Inlet                                                                    
     sedimentary basin  and used in  the state is  the gross                                                                    
     value at  the point of  production of that  gas taxable                                                                    
     under  AS 43.55.011(e)  and  produced by  the  producer                                                                    
     from that lease or  property, less the producer's lease                                                                    
     expenditures under  AS 43.55.165 for the  calendar year                                                                    
     applicable to  that gas produced  by the  producer from                                                                    
     that   lease    or   property,   as    adjusted   under                                                                    
     AS 43.55.170;                                                                                                              
               (2)  AS 43.55.011(g), the monthly production                                                                     
     tax value of the taxable                                                                                                   
               (A)  oil and gas produced during a month                                                                         
     from  leases or  properties in  the state  that include                                                                    
     land north  of 68 degrees  North latitude is  the gross                                                                    
     value at  the point  of production of  the oil  and gas                                                                    
     taxable  under  AS 43.55.011(e)  and  produced  by  the                                                                    
     producer from those leases or  properties, less 1/12 of                                                                    
     the  producer's lease  expenditures under  AS 43.55.165                                                                    
     for the  calendar year  applicable to  the oil  and gas                                                                    
     produced  by   the  producer   from  those   leases  or                                                                    
     properties,  as   adjusted  under   AS 43.55.170;  this                                                                    
     subparagraph  does   not  apply   to  gas   subject  to                                                                    
     AS 43.55.011(o);                                                                                                           
               (B)  oil and gas produced during a month                                                                         
     from  leases or  properties  in the  state outside  the                                                                    
     Cook  Inlet  sedimentary basin,  no  part  of which  is                                                                    
     north of 68 degrees North  latitude, is the gross value                                                                    
     at the point  of production of the oil  and gas taxable                                                                    
     under  AS 43.55.011(e)  and  produced by  the  producer                                                                    
     from  those  leases or  properties,  less  1/12 of  the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar  year  applicable  to  the  oil  and  gas                                                                    
     produced  by   the  producer   from  those   leases  or                                                                    
     properties,  as   adjusted  under   AS 43.55.170;  this                                                                    
     subparagraph  does   not  apply   to  gas   subject  to                                                                    
     AS 43.55.011(o);                                                                                                           
               (C)  oil produced during a month from a                                                                          
     lease or  property in the Cook  Inlet sedimentary basin                                                                    
     is the  gross value at  the point of production  of the                                                                    
     oil taxable  under AS 43.55.011(e) and produced  by the                                                                    
     producer from that lease or  property, less 1/12 of the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar year  applicable to  the oil  produced by                                                                    
     the producer  from that lease or  property, as adjusted                                                                    
     under AS 43.55.170;                                                                                                        
               (D)  gas produced during a month from a                                                                          
     lease or  property in the Cook  Inlet sedimentary basin                                                                    
     is the  gross value at  the point of production  of the                                                                    
     gas taxable  under AS 43.55.011(e) and produced  by the                                                                    
     producer from that lease or  property, less 1/12 of the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar year  applicable to  the gas  produced by                                                                    
     the producer  from that lease or  property, as adjusted                                                                    
     under AS 43.55.170;                                                                                                        
               (E)  gas produced during a month from a                                                                          
     lease or  property outside  the Cook  Inlet sedimentary                                                                    
     basin and used  in the state is the gross  value at the                                                                    
     point  of   production  of   that  gas   taxable  under                                                                    
     AS 43.55.011(e) and produced by  the producer from that                                                                    
     lease or  property, less 1/12  of the  producer's lease                                                                    
     expenditures under  AS 43.55.165 for the  calendar year                                                                    
     applicable to  that gas produced  by the  producer from                                                                    
     that   lease    or   property,   as    adjusted   under                                                                    
     AS 43.55.170.                                                                                                              
        *  Sec.  3. AS 43.55  is  amended  by adding  a  new                                                                  
     section to read:                                                                                                           
          Sec. 43.55.162. Adjustment to production tax                                                                        
     value   for   increasing   oil  production.   (a)   The                                                                  
     production   tax  value   of  oil   delivered  to   and                                                                    
     transported  by the  Trans Alaska  Pipeline System,  as                                                                    
     calculated  under  AS 43.55.160(a)(1)(A)  and  (B)  and                                                                    
     AS 43.66.160(a)(2)(A)  and (B),  may be  reduced by  an                                                                    
     amount   determined  by   the  department   under  this                                                                    
     section.                                                                                                                   
          (b)  A producer shall report to the department                                                                        
     the total adjusted amount of  annual oil production and                                                                    
     adjusted  amount of  the  average  daily statewide  oil                                                                    
     production delivered  by the producer for  transport to                                                                    
     the Trans Alaska Pipeline System  for both the calendar                                                                    
     year immediately  preceding the year for  which the tax                                                                    
     is being determined  and the year for which  the tax is                                                                    
     being  determined. The  report  shall be  filed at  the                                                                    
     time  the statement  required under  AS 43.55.030(a) is                                                                    
     filed.                                                                                                                     
          (c)  When calculating the                                                                                             
               (1)  adjusted amount of the average daily                                                                        
     statewide  production under  (b) of  this section,  the                                                                    
     producer shall  exclude from  the calculation  the days                                                                    
     on  which  the  rate  of  production  is  significantly                                                                    
     reduced and the volume of  production on those days for                                                                    
     which the rate of  production is significantly reduced;                                                                    
     for  the  purposes  of  this  paragraph,  the  rate  of                                                                    
     production   is   significantly    reduced   when   the                                                                    
     production  of oil  delivered by  the  producer to  the                                                                    
     Trans Alaska Pipeline  System for the day  is less than                                                                    
     one-half of  the average daily production  for the year                                                                    
     calculated by  dividing the  total oil  production that                                                                    
     is produced by the producer  and delivered to the Trans                                                                    
     Alaska Pipeline  System for the  year by the  number of                                                                    
     days in the year;                                                                                                          
               (2)  adjusted amount of total annual oil                                                                         
     production  that is  delivered by  the producer  to the                                                                    
     Trans  Alaska  Pipeline   System,  the  producer  shall                                                                    
     multiply   the  adjusted   amount   of  average   daily                                                                    
     production determined  under (1) of this  subsection by                                                                    
     the  number of  days in  the applicable  calendar year;                                                                    
     and                                                                                                                        
               (3) adjusted amount of total annual oil                                                                          
     production  that is  delivered by  the producer  to the                                                                    
     Trans  Alaska Pipeline  System for  the year  for which                                                                    
     the  tax   is  being  determined  under   (2)  of  this                                                                    
     subsection, the producer may not  include the amount of                                                                    
     production  resulting  from  the purchase,  merger,  or                                                                    
     other   acquisition  of   another   producer  and   any                                                                    
     production attributable to the  producer from a unit in                                                                    
     which the producer did not  participate in the calendar                                                                    
     year immediately  preceding the year for  which the tax                                                                    
     is being determined;  however, the increased production                                                                    
     that  may not  be  included by  a  producer under  this                                                                    
     paragraph  may be  included in  the adjusted  amount of                                                                    
     total  annual   oil  production   for  the   year  when                                                                    
     determining  the amount  by which  production increases                                                                    
     in the next succeeding year.                                                                                               
          (d)  After receiving a report by the producer                                                                         
     under (b)  of this  section, the department  may reduce                                                                    
     the production tax value determined under                                                                                  
               (1)  AS 43.55.160(a)(1)(A) and (B) by $10                                                                        
     for each  barrel of  oil delivered  by the  producer to                                                                    
     the Trans  Alaska Pipeline system  during the  year for                                                                    
     which  the tax  is  being determined  that exceeds  the                                                                    
     adjusted total annual production  for the calendar year                                                                    
     immediately  preceding the  year for  which the  tax is                                                                    
     being determined; and                                                                                                      
               (2)  AS 43.55.160(a)(2)(A) and (B) by $10                                                                        
     for each  barrel of oil  delivered to the  Trans Alaska                                                                    
     Pipeline System  for each month  in the year  for which                                                                    
     the tax  is being determined  that exceeds 1/12  of the                                                                    
     number of  barrels by which  the adjusted  total annual                                                                    
     production  for the  year for  which the  tax is  being                                                                    
     determined   exceeds   the    adjusted   total   annual                                                                    
     production for the  calendar year immediately preceding                                                                    
     the year for which the tax is being determined.                                                                            
          (e)  The department shall notify the producer of                                                                      
     the amount  of tax reduction  allowed as a result  of a                                                                    
     reduction  in production  tax value  determined by  the                                                                    
     department under  (d) of this  section. At  the request                                                                    
     of the  producer, the department may  refund any amount                                                                    
     due to  the producer  as a result  of the  reduction in                                                                    
     production tax  value or credit  the amount of  the tax                                                                    
     reduction against  the liability of the  taxpayer for a                                                                    
     tax due under this title.                                                                                                  
          (f)  A tax reduction that results from a                                                                              
     reduction  in  the  production  tax  value  under  this                                                                    
     section  may  not  be considered  when  a  producer  is                                                                    
     required  to calculate  and pay  any  amount due  under                                                                    
     AS 43.55.020(a).  However,   at  the  request   of  the                                                                    
     producer, a  credit allowed under  (e) of  this section                                                                    
     may   be   applied   against  a   payment   due   under                                                                    
     AS 43.55.020(a)  for  a  period  after  the  department                                                                    
     determines the  amount of  reduction in  the production                                                                    
     tax value.                                                                                                                 
          (g)  The department may adopt regulations                                                                             
     specifying  the information  that must  be included  in                                                                    
     the  report  filed by  a  producer  under (b)  of  this                                                                    
     section  and   other  regulations  necessary   for  the                                                                    
     administration of this section.                                                                                            
        * Sec. 4. The uncodified  law of the State of Alaska                                                                  
     is amended by adding a new section to read:                                                                                
          APPLICABILITY. The reduction in production tax                                                                        
     value under  AS 43.55.162, enacted  by sec. 10  of this                                                                    
     Act,   applies  to   qualifying   oil  produced   after                                                                    
     December 31,  2012. In  this section,  "qualifying oil"                                                                    
     means  oil  delivered  to  the  Trans  Alaska  Pipeline                                                                    
     System the production tax value  of which is calculated                                                                    
     under     AS 43.55.160(a)(1)(A)     and     (B)     and                                                                    
     43.55.160(a)(2)(A) and (B)."                                                                                               
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI deferred the explanation to Senator French.                                                                
                                                                                                                                
SENATOR FRENCH  said this  amendment is designed  to do  what the                                                               
progressivity  amendment does  not do,  which is  actually reward                                                               
new oil  with a reduced tax.  There were a lot  of different ways                                                               
to go  about that and  he was  looking forward to  debating them.                                                               
Essentially, this amendment  says measure the amount  of oil that                                                               
a company produced last year; if  they increase it they get a $10                                                               
"bonus," but  in the  amendment it is  called an  "allowance." It                                                               
comes off  the production  tax value. For  example, if  a company                                                               
produced 100,000  barrels of  oil in 2012  and increased  that in                                                               
2013 to 110,000, the company would  be eligible for that bonus on                                                               
10,000  barrels.  The  DOR  would  determine  the  average  daily                                                               
statewide production for  each producer in the  previous year. It                                                               
would  be  adjusted   by  eliminating  days  when   there  was  a                                                               
significant slowdown due to events  beyond the company's control,                                                               
a shutdown of the pipeline, for  example. If you beat your number                                                               
one year, the next  year you get the bonus -  and you can't merge                                                               
with another company.                                                                                                           
                                                                                                                                
1:41:52 PM                                                                                                                    
SENATOR FRENCH  said this expires after  a year, so if  shale oil                                                               
comes  on like  gang busters,  the bonus  is paid  for the  first                                                               
year, but the second year the tax  returns to what it was. It's a                                                               
one-time quick stimulus to reduce the tax burden on new oil.                                                                    
                                                                                                                                
He  explained  that  he  realized  the time  value  of  money  to                                                               
investors  in oil  operations on  the  North Slope  when the  oil                                                               
industry  informed him  and Senator  Wielechowski  that it  takes                                                               
five to  seven years to see  new production in Alaska  and it's a                                                               
much shorter time in Texas, for instance.                                                                                       
                                                                                                                                
1:43:38 PM                                                                                                                    
SENATOR  STEDMAN recalled  testimony in  a joint  meeting of  the                                                               
Senate  Finance and  Resources committees  that their  consultant                                                               
talked about an  allowance concept up to $25  barrel. Maybe those                                                               
models   could  be   run  before   having  the   conversation  on                                                               
incremental oil production.                                                                                                     
                                                                                                                                
SENATOR FRENCH agreed that they  saw a powerful presentation from                                                               
Pedro van Meurs  who had five different  allowances, which seemed                                                               
unwieldy.  One of  the phrases  he worked  on last  year was  "No                                                               
reduction (in taxes) without more  production," and this captures                                                               
that concept.                                                                                                                   
                                                                                                                                
1:46:27 PM                                                                                                                    
CO-CHAIR WAGONER said this amendment  is similar in some cases to                                                               
what his staff  would present to the committee in  a few minutes.                                                               
He also hoped to get a range of modeling for the tax credits.                                                                   
                                                                                                                                
SENATOR  FRENCH   said  they  were   working  out  a   method  of                                                               
communication  between the  committee and  consultants and  asked                                                               
them to run some numbers if they were listening.                                                                                
                                                                                                                                
SENATOR MCGUIRE asked for a model  of the state's exposure at one                                                               
to seven years.                                                                                                                 
                                                                                                                                
1:47:59 PM                                                                                                                    
CO-CHAIR PASKVAN invited Ms. Jackson  to explain Item 16, labeled                                                               
27-LS1305\B.2, since  these two amendments have  the same general                                                               
concept but a little different approach.                                                                                        
                                                                                                                                
                                                 27-LS1305\B.2                                                                  
                                                Nauman/Bullock                                                                  
                                                                                                                                
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 1, following "tax;":                                                                                        
          Insert "relating to an adjustment to the gross                                                                      
     value  at the  point of  production for  oil production                                                                  
     from  certain leases  or  properties;  relating to  the                                                                  
     determination of  the production  tax value of  oil and                                                                  
     gas;"                                                                                                                    
                                                                                                                                
     Page 2, following line 5:                                                                                                  
          Insert new bill sections to read:                                                                                     
        "* Sec. 2. AS 43.55.160(a) is amended to read:                                                                      
          (a)  Except as provided in (b) of this section                                                                        
     and subject  to an  adjustment under  AS 43.55.162, for                                                                
     the purposes of                                                                                                            
               (1)  AS 43.55.011(e), the annual production                                                                      
     tax value of the taxable                                                                                                   
               (A)  oil and gas produced during a calendar                                                                      
     year  from  leases  or properties  in  the  state  that                                                                    
     include land north of 68  degrees North latitude is the                                                                    
     gross value at  the point of production of  the oil and                                                                    
     gas taxable  under AS 43.55.011(e) and produced  by the                                                                    
     producer  from those  leases  or  properties, less  the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar  year  applicable  to  the  oil  and  gas                                                                    
     produced  by   the  producer   from  those   leases  or                                                                    
     properties,  as   adjusted  under   AS 43.55.170;  this                                                                    
     subparagraph  does   not  apply   to  gas   subject  to                                                                    
     AS 43.55.011(o);                                                                                                           
               (B)  oil and gas produced during a calendar                                                                      
     year  from leases  or properties  in the  state outside                                                                    
     the Cook Inlet  sedimentary basin, no part  of which is                                                                    
     north of 68 degrees North  latitude, is the gross value                                                                    
     at the point  of production of the oil  and gas taxable                                                                    
     under  AS 43.55.011(e)  and  produced by  the  producer                                                                    
     from those  leases or  properties, less  the producer's                                                                    
     lease expenditures under  AS 43.55.165 for the calendar                                                                    
     year  applicable to  the oil  and gas  produced by  the                                                                    
     producer from  those leases or properties,  as adjusted                                                                    
     under  AS 43.55.170; this  subparagraph does  not apply                                                                    
     to gas subject to AS 43.55.011(o);                                                                                         
               (C)  oil produced during a calendar year                                                                         
     from a lease or property  in the Cook Inlet sedimentary                                                                    
     basin is the gross value  at the point of production of                                                                    
     the oil  taxable under AS 43.55.011(e) and  produced by                                                                    
     the  producer from  that lease  or  property, less  the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar year  applicable to  the oil  produced by                                                                    
     the producer  from that lease or  property, as adjusted                                                                    
     under AS 43.55.170;                                                                                                        
               (D)  gas produced during a calendar year                                                                         
     from a lease or property  in the Cook Inlet sedimentary                                                                    
     basin is the gross value  at the point of production of                                                                    
     the gas  taxable under AS 43.55.011(e) and  produced by                                                                    
     the  producer from  that lease  or  property, less  the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar year  applicable to  the gas  produced by                                                                    
     the producer  from that lease or  property, as adjusted                                                                    
     under AS 43.55.170;                                                                                                        
               (E)  gas produced during a calendar year                                                                         
     from  a  lease  or  property  outside  the  Cook  Inlet                                                                    
     sedimentary basin  and used in  the state is  the gross                                                                    
     value at  the point of  production of that  gas taxable                                                                    
     under  AS 43.55.011(e)  and  produced by  the  producer                                                                    
     from that lease or  property, less the producer's lease                                                                    
     expenditures under  AS 43.55.165 for the  calendar year                                                                    
     applicable to  that gas produced  by the  producer from                                                                    
     that   lease    or   property,   as    adjusted   under                                                                    
     AS 43.55.170;                                                                                                              
               (2)  AS 43.55.011(g), the monthly production                                                                     
     tax value of the taxable                                                                                                   
               (A)  oil and gas produced during a month                                                                         
     from  leases or  properties in  the state  that include                                                                    
     land north  of 68 degrees  North latitude is  the gross                                                                    
     value at  the point  of production of  the oil  and gas                                                                    
     taxable  under  AS 43.55.011(e)  and  produced  by  the                                                                    
     producer from those leases or  properties, less 1/12 of                                                                    
     the  producer's lease  expenditures under  AS 43.55.165                                                                    
     for the  calendar year  applicable to  the oil  and gas                                                                    
     produced  by   the  producer   from  those   leases  or                                                                    
     properties,  as   adjusted  under   AS 43.55.170;  this                                                                    
     subparagraph  does   not  apply   to  gas   subject  to                                                                    
     AS 43.55.011(o);                                                                                                           
               (B)  oil and gas produced during a month                                                                         
     from  leases or  properties  in the  state outside  the                                                                    
     Cook  Inlet  sedimentary basin,  no  part  of which  is                                                                    
     north of 68 degrees North  latitude, is the gross value                                                                    
     at the point  of production of the oil  and gas taxable                                                                    
     under  AS 43.55.011(e)  and  produced by  the  producer                                                                    
     from  those  leases or  properties,  less  1/12 of  the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar  year  applicable  to  the  oil  and  gas                                                                    
     produced  by   the  producer   from  those   leases  or                                                                    
     properties,  as   adjusted  under   AS 43.55.170;  this                                                                    
     subparagraph  does   not  apply   to  gas   subject  to                                                                    
     AS 43.55.011(o);                                                                                                           
               (C)  oil produced during a month from a                                                                          
     lease or  property in the Cook  Inlet sedimentary basin                                                                    
     is the  gross value at  the point of production  of the                                                                    
     oil taxable  under AS 43.55.011(e) and produced  by the                                                                    
     producer from that lease or  property, less 1/12 of the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar year  applicable to  the oil  produced by                                                                    
     the producer  from that lease or  property, as adjusted                                                                    
     under AS 43.55.170;                                                                                                        
               (D)  gas produced during a month from a                                                                          
     lease or  property in the Cook  Inlet sedimentary basin                                                                    
     is the  gross value at  the point of production  of the                                                                    
     gas taxable  under AS 43.55.011(e) and produced  by the                                                                    
     producer from that lease or  property, less 1/12 of the                                                                    
     producer's  lease expenditures  under AS 43.55.165  for                                                                    
     the  calendar year  applicable to  the gas  produced by                                                                    
     the producer  from that lease or  property, as adjusted                                                                    
     under AS 43.55.170;                                                                                                        
               (E)  gas produced during a month from a                                                                          
     lease or  property outside  the Cook  Inlet sedimentary                                                                    
     basin and used  in the state is the gross  value at the                                                                    
     point  of   production  of   that  gas   taxable  under                                                                    
     AS 43.55.011(e) and produced by  the producer from that                                                                    
     lease or  property, less 1/12  of the  producer's lease                                                                    
     expenditures under  AS 43.55.165 for the  calendar year                                                                    
     applicable to  that gas produced  by the  producer from                                                                    
     that   lease    or   property,   as    adjusted   under                                                                    
     AS 43.55.170.                                                                                                              
        *  Sec.  3. AS 43.55  is  amended  by adding  a  new                                                                  
     section to read:                                                                                                           
          Sec. 43.55.162. Adjustments to the gross value at                                                                   
     the point  of production  for certain  oil. (a)  If the                                                                  
     volume of taxable  oil produced by a  producer during a                                                                    
     calendar year  from leases  or properties  described in                                                                    
     AS 43.55.160(a)(1)(A)  is   greater  than   the  annual                                                                    
     target  volume  of  taxable oil  production  determined                                                                    
     under  this section  for the  calendar year,  the gross                                                                    
     value at  the point of  production for the  taxable oil                                                                    
     produced during                                                                                                            
               (1)  the calendar year for the purpose of                                                                        
     determining  the  annual  production  tax  value  under                                                                    
     AS 43.55.160(a)(1),  shall be  reduced by  a percentage                                                                    
     equal to the percentage by  which the volume of taxable                                                                    
     oil  produced  during  the calendar  year  exceeds  the                                                                    
     target volume of production for the calendar year; and                                                                     
               (2)  a calendar month for the purpose of                                                                         
     determining the  production tax value for  the calendar                                                                    
     month under  AS 43.55.160(a)(2), shall be reduced  by a                                                                    
     percentage equal to the percentage  by which the volume                                                                    
     of  taxable  oil  produced during  the  calendar  month                                                                    
     exceeds  the  target  volume   of  production  for  the                                                                    
     calendar month.                                                                                                            
          (b)  Subject to adjustment under (e) of this                                                                          
     section, the  target volume  of taxable  oil production                                                                    
     by a producer for a  calendar year equals the volume of                                                                    
     taxable  oil produced  by the  producer from  leases or                                                                    
     properties  described  in AS 43.55.160(a)(1)(A)  during                                                                    
     the  calendar year  immediately preceding  the calendar                                                                    
     year for which the  tax is being determined, multiplied                                                                    
     by the applicable factor determined  under (c)(1) - (4)                                                                    
     of this section.                                                                                                           
          (c)  For the purpose of determining the target                                                                        
     volume  of taxable  oil production  under  (b) of  this                                                                    
     section, for  a producer having taxable  oil production                                                                    
     from    a    lease    or    property    described    in                                                                    
     AS 43.55.160(a)(1)(A)                                                                                                      
               (1)  during the calendar year immediately                                                                        
     preceding the calendar year for  which the tax is being                                                                    
     determined and  the fourth calendar year  preceding the                                                                    
     calendar year  for which the  tax is  being determined,                                                                    
     the factor  is equal to the  cube root of the  ratio of                                                                    
     the  volume of  taxable  oil produced  by the  producer                                                                    
     from   the   leases    or   properties   described   in                                                                    
     AS 43.55.160(a)(1)(A)   during    the   calendar   year                                                                    
     immediately preceding  the calendar year for  which the                                                                    
     tax is  being determined to  the volume of  taxable oil                                                                    
     produced  from the  leases or  properties described  in                                                                    
     AS 43.55.160(a)(1)(A) during  the fourth  calendar year                                                                    
     preceding  the   year  for  which  the   tax  is  being                                                                    
     determined;                                                                                                                
               (2)  during the calendar year immediately                                                                        
     preceding the calendar year for  which the tax is being                                                                    
     determined and  the third  calendar year  preceding the                                                                    
     calendar year  for which the  tax is  being determined,                                                                    
     but not  during the fourth year  preceding the calendar                                                                    
     year for which the tax  is being determined, the factor                                                                    
     is equal to the square root  of the ratio of the volume                                                                    
     of  taxable  oil  produced by  the  producer  from  the                                                                    
     leases       or      properties       described      in                                                                    
     AS 43.55.160(a)(1)(A)   during    the   calendar   year                                                                    
     immediately  preceding the  year for  which the  tax is                                                                    
     being determined to the volume  of taxable oil produced                                                                    
     from   the   leases    or   properties   described   in                                                                    
     AS 43.55.160(a)(1)(A)  during the  third calendar  year                                                                    
     preceding the calendar year for  which the tax is being                                                                    
     determined;                                                                                                                
               (3)  during the calendar year immediately                                                                        
     preceding the calendar year for  which the tax is being                                                                    
     determined and  the second calendar year  preceding the                                                                    
     year for  which the  tax is  being determined,  but not                                                                    
     during  the third  or fourth  calendar years  preceding                                                                    
     the year  for which  the tax  is being  determined, the                                                                    
     factor is equal  to the ratio of the  volume of taxable                                                                    
     oil  produced  by  the  producer  from  the  leases  or                                                                    
     properties  described  in AS 43.55.160(a)(1)(A)  during                                                                    
     the  calendar year  immediately preceding  the calendar                                                                    
     year  for which  the  tax is  being  determined to  the                                                                    
     volume  of  taxable oil  produced  from  the leases  or                                                                    
     properties  described  in AS 43.55.160(a)(1)(A)  during                                                                    
     the second  calendar year  preceding the  calendar year                                                                    
     for which the tax is being determined;                                                                                     
               (4)  during the calendar year immediately                                                                        
     preceding  the   year  for  which  the   tax  is  being                                                                    
     determined but not during the  second, third, or fourth                                                                    
     calendar years  preceding the  calendar year  for which                                                                    
     the tax  is being  determined, the  factor is  equal to                                                                    
     one.                                                                                                                       
          (d)  The target volume of taxable oil production                                                                      
     by a producer for a calendar  month is equal to 1/12 of                                                                    
     the annual target volume of  taxable oil production for                                                                    
     the  calendar year,  except  as  otherwise provided  in                                                                    
     (e)(4) of this section.                                                                                                    
          (e)  For purposes of this section, for a producer                                                                     
     that produced  taxable oil during a  calendar year from                                                                    
     a      lease     or      property     described      in                                                                    
     AS 43.55.160(a)(1)(A),                                                                                                     
               (1)  if the producer did not produce taxable                                                                     
     oil   from   a   lease   or   property   described   in                                                                    
     AS 43.55.160(a)(1)(A)   during    the   calendar   year                                                                    
     immediately preceding  the calendar year for  which the                                                                    
     tax is being  determined, there is no  target volume of                                                                    
     taxable  oil  production  for   the  calendar  year  or                                                                    
     calendar month during the year  and no reduction in the                                                                    
     gross value  at the  point of  production for  that oil                                                                    
     production for  the purposes of  AS 43.55.160(a)(1) for                                                                    
     the year for which the  tax is being determined, unless                                                                    
     the  production  of  taxable   oil  during  the  entire                                                                    
     calendar   year  was   interrupted  because   of  force                                                                    
     majeure;                                                                                                                   
               (2)  if the producer did not produce taxable                                                                     
     oil   from   a   lease   or   property   described   in                                                                    
     AS 43.55.160(a)(1)(A)   during    the   calendar   year                                                                    
     immediately preceding  the calendar year for  which the                                                                    
     tax  is  being  determined because  the  production  of                                                                    
     taxable  oil  during  the   entire  calendar  year  was                                                                    
     interrupted  because  of   force  majeure,  the  target                                                                    
     volume of  taxable oil production for  the current year                                                                    
     must be determined  under (c) of this  section based on                                                                    
     the fourth,  third, or second preceding  calendar year,                                                                    
     as applicable,  in which the producer  produced taxable                                                                    
     oil   from   a   lease   or   property   described   in                                                                    
     AS 43.55.160(a)(1)(A);                                                                                                     
               (3)  for a producer that produced taxable                                                                        
     oil   from   leases    or   properties   described   in                                                                    
     AS 43.55.160(a)(1)(A)  during a  prior year  that would                                                                    
     have been used in  the applicable calculation under (b)                                                                    
     of this section,  except that there was  no taxable oil                                                                    
     production  for 30  days or  more during  that calendar                                                                    
     year because  the producer  first produced  taxable oil                                                                    
     from those  leases or  properties during  that calendar                                                                    
     year  or   because  production   from  the   leases  or                                                                    
     properties  was interrupted  by  force  majeure for  30                                                                    
     days or more during  that calendar year, the producer's                                                                    
     volume  of  taxable  oil   production  from  leases  or                                                                    
     properties  described  in AS 43.55.160(a)(1)(A)  during                                                                    
     that  prior  year  is multiplied  by  a  fraction,  the                                                                    
     numerator of  which is the  number of days  during that                                                                    
     prior year and  the denominator of which  is the number                                                                    
     of days  during that prior  year on which  the producer                                                                    
     had oil  production from a lease  or property described                                                                    
     in AS 43.55.160(a)(1)(A);                                                                                                  
               (4)  for a producer that has production of                                                                       
     taxable oil  that is interrupted  by force  majeure for                                                                    
     30 days  or more during the  year for which the  tax is                                                                    
     being  determined, the  target  volume  of taxable  oil                                                                    
     production for  the current  year that  would otherwise                                                                    
     be applicable  shall be reduced  by a  percentage equal                                                                    
     to  the percentage  of days  during the  year that  the                                                                    
     production was interrupted,  and the producer's monthly                                                                    
     target  volume  of  taxable   oil  production  for  the                                                                    
     current  year  is  the target  volume  of  taxable  oil                                                                    
     production for  the current year determined  under this                                                                    
     paragraph  divided  by  a fraction,  the  numerator  of                                                                    
     which is  the number of  days during the year  when the                                                                    
     producer  had  production  from  leases  or  properties                                                                    
     described    in    AS 43.55.160(a)(1)(A),    and    the                                                                    
     denominator of which is 30.4375.                                                                                           
          (f)  The determination of the adjustment to the                                                                       
     gross value at the point  of production in this section                                                                    
     is based on the location  of a lease or property within                                                                    
     the  area  described  in AS 43.55.160(a)(1)(A)  and  is                                                                    
     made  without  regard  as to  whether  taxable  oil  is                                                                    
     produced  from a  particular lease  or property  during                                                                    
     more than one year.                                                                                                        
          (g)  The negligence or recklessness of a producer                                                                     
     or  operator that  prevents the  production of  taxable                                                                    
     oil  does not  constitute  force  majeure. However,  if                                                                    
     there  is  a  sufficient  cause for  the  cessation  of                                                                    
     production because of force  majeure, the negligence or                                                                    
     recklessness  of the  producer,  the  operator, or  the                                                                    
     producer and  operator does  not prohibit  treating the                                                                    
     inability  to  produce oil  or  the  suspension of  oil                                                                    
     production as  having been caused by  force majeure for                                                                    
     the purposes of this section.                                                                                              
          (h)  In this section, "force majeure" means a                                                                         
     cause beyond  the reasonable ability of  a producer, an                                                                    
     operator,  or a  producer and  operator of  a lease  or                                                                    
     property  to   avoid  or  control  that   prevents  the                                                                    
     producer from producing oil or  having oil produced for                                                                    
     the producer  from the lease  or property for  a period                                                                    
     of  24  or  more  consecutive  hours;  "force  majeure"                                                                    
     includes   an   act   of   God,   war,   martial   law,                                                                    
     insurrection,    terrorism,     sabotage,    government                                                                    
     restriction, order  of a court or  an administrative or                                                                    
     regulatory body  having jurisdiction over the  lease or                                                                    
     property or  production from the  lease or  property, a                                                                    
     strike or other labor action,  or a failure or omission                                                                    
     on  the part  of  a  third-party supplier,  contractor,                                                                    
     subcontractor, carrier, or other third party."                                                                             
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
1:48:34 PM                                                                                                                    
MARY JACKSON, staff  to Senator Wagoner, explained  that his goal                                                               
with B.2  was to increase production  by making some sort  of tax                                                               
break. She explained  that last year SB 85 was  predicated on the                                                               
tax  holiday  from  Alberta  that  was  working.  They  had  that                                                               
language  and  during  the  interim   they  worked  with  Senator                                                               
McGuire's staff and the Alaska  Oil Gas Association (AOGA) to see                                                               
if there was any way that  this language could work and amendment                                                               
B.2 is the result. The premise was very simple: quid pro quo.                                                                   
                                                                                                                                
SENATOR FRENCH remarked, "This for that."                                                                                       
                                                                                                                                
MS.  JACKSON said  the bottom  line is  "we give,  we get."  This                                                               
amendment establishes  a "target volume" annually.  It's based on                                                               
the prior  years' actuals and  adjusted by the percentage  of the                                                               
decline. So, for  2013 you look at 2012 numbers  and reduce it by                                                               
the  decline for  the  previous three  years.  It's simple  math,                                                               
although it shows up in the  bill as a "cube root," a statistical                                                               
measurement. If there are only  two years of production, the bill                                                               
covers  that,  but  eventually everybody  goes  to  a  three-year                                                               
rolling average done annually. If  your production increases by 2                                                               
percent  over your  target volume,  the result  is to  reduce the                                                               
gross value by 2 percent - quid  pro quo. There are no credits or                                                               
transfers.                                                                                                                      
                                                                                                                                
This amendment  introduces the term  "force majeure,"  meaning an                                                               
interruption in  the pipeline needs  to be taken into  account in                                                               
terms of computing the decline figure.                                                                                          
                                                                                                                                
CO-CHAIR PASKVAN said  this is a great example to  let the people                                                               
of Alaska  know that people  have been thinking about  this topic                                                               
for a  long time. The  goal is to  have a more  efficient overall                                                               
system.                                                                                                                         
                                                                                                                                
CO-CHAIR WAGONER said he liked  Senator French's approach as well                                                               
as  his   own  and  that  they   have  to  arrive  at   the  most                                                               
understandable  concept   when  dealing  with  an   incentive  to                                                               
increase  production.  Either way  would  be  a step  forward  in                                                               
showing industry and  Alaskans they are willing to  work with the                                                               
industry to try and bring up the production level in the pipe.                                                                  
                                                                                                                                
1:54:28 PM                                                                                                                    
CO-CHAIR PASKVAN said that was what  he was hoping for in an open                                                               
and transparent dialogue  both within the committee  and with the                                                               
citizens of Alaska.                                                                                                             
                                                                                                                                
SENATOR FRENCH  said he  appreciated Senator  Wagoner's comments.                                                               
and asked him to explain how it worked.                                                                                         
                                                                                                                                
MS.  JACKSON explained  that there  is  an arithmetic  averaging:                                                               
year one minus year two divided  by year one; year two minus year                                                               
three divided  by year two. If  2013 is the target  year, 2012 is                                                               
the year  that you  have actual production  numbers. So  the cube                                                               
root is  the geometric mean that  is applied from 2009,  2010 and                                                               
2011 resulting in the decline  of those three. The decline number                                                               
is then applied to 2012 production.  It could be seven years, but                                                               
three years  seemed to be  a reasonable  minimum and one  year is                                                               
not sufficient to establish norms.                                                                                              
                                                                                                                                
1:56:57 PM                                                                                                                    
SENATOR WIELECHOWSKI  commented that  who sets the  decline curve                                                               
is a critical  issue, because you have  maintenance issues. Pedro                                                               
van   Meurs  recommended   this  concept   and  said   that  many                                                               
jurisdictions use it effectively.                                                                                               
                                                                                                                                
SENATOR STEDMAN responded to  Senator Wielechowski's comment that                                                               
PFC  Energy  would be  looking  at  the question  of  incremental                                                               
production  with  a couple  of  the  major producers  Monday  and                                                               
Tuesday in Anchorage.                                                                                                           
                                                                                                                                
1:58:56 PM                                                                                                                    
CO-CHAIR  PASKVAN said  they  would  next take  up  Item 13  that                                                               
establishes a gross minimum.                                                                                                    
                                                                                                                                
                                                27-LS1305\B.13                                                                  
                                                Nauman/Bullock                                                                  
                                                                                                                                
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 1, following "tax;":                                                                                        
          Insert "relating to the minimum tax on oil and                                                                      
     gas production;  relating to the availability  of funds                                                                  
     from the  oil and gas production  tax for appropriation                                                                  
     to the community revenue sharing fund;"                                                                                  
                                                                                                                                
     Page 1, following line 2:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Section 1. AS 29.60.850(b) is amended to read:                                                                   
          (b)  Each fiscal year, the legislature may                                                                            
     appropriate to  the community  revenue sharing  fund an                                                                    
     amount equal to  the lesser of 20 percent  of the money                                                                
     received  by the  state  during  the previous  calendar                                                                    
     year  under AS 43.55.011(g)  or the  difference between                                                                
     the amount  of money received  by the state  during the                                                                
     previous calendar  for oil  and gas  production subject                                                                
     to  AS 43.55.011(f) and  25 percent  of the  production                                                                
     tax  value determined  under AS 43.55.160  for oil  and                                                                
     gas  production  subject  to  AS 43.55.011(f)  produced                                                                
     during   the  previous   calendar   year,  except   the                                                                
     difference  may  not  be less  than  zero.  The  amount                                                                
     appropriated may not exceed                                                                                            
               (1)  $60,000,000; or                                                                                             
               (2)  the amount that, when added to the fund                                                                     
     balance on June 30 of the  previous fiscal year, equals                                                                    
     $180,000,000.                                                                                                              
        * Sec. 2. AS 43.55.011(f)  is repealed and reenacted                                                                  
     to read:                                                                                                                   
          (f)  Except for oil and gas subject to (i) of                                                                         
     this section  and gas subject  to (o) of  this section,                                                                    
     the provisions of this subsection  apply to oil and gas                                                                    
     produced from each  lease or property within  a unit or                                                                    
     nonunitized  reservoir that  has cumulatively  produced                                                                    
     1,000,000,000 BTU  equivalent barrels of oil  or gas by                                                                    
     the close  of the  most recent  calendar year  and from                                                                    
     which  the average  daily oil  and gas  production from                                                                    
     the  unit  or  nonunitized reservoir  during  the  most                                                                    
     recent  calendar year  exceeded 100,000  BTU equivalent                                                                    
     barrels.  Notwithstanding  any  contrary  provision  of                                                                    
     law, a  producer may  not apply  tax credits  to reduce                                                                    
     its  total tax  liability  under (e)  and  (g) of  this                                                                    
     section for  oil and  gas produced  from all  leases or                                                                    
     properties  within the  unit  or nonunitized  reservoir                                                                    
     below 10 percent of the  total gross value at the point                                                                    
     of production  of that  oil and gas.  If the  amount of                                                                    
     tax calculated by multiplying the  tax rates in (e) and                                                                    
     (g) of this  section by the total  production tax value                                                                    
     of the  oil and gas taxable  under (e) and (g)  of this                                                                    
     section produced  from all of the  producer's leases or                                                                    
     properties within the unit  or nonunitized reservoir is                                                                    
     less than  10 percent of  the total gross value  at the                                                                    
     point  of  production of  that  oil  and gas,  the  tax                                                                    
     levied by (e) and (g) of  this section for that oil and                                                                    
     gas is equal to 10 percent  of the total gross value at                                                                    
     the point of production of that oil and gas."                                                                              
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 3"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 4. AS 43.55.020(a) is amended to read:                                                                      
          (a)  For a calendar year, a producer subject to                                                                       
     tax under  AS 43.55.011(e) - (i)  shall pay the  tax as                                                                    
     follows:                                                                                                                   
               (1)  an installment payment of the estimated                                                                     
     tax levied  by AS 43.55.011(e), net of  any tax credits                                                                    
     applied as  allowed by  law, is due  for each  month of                                                                    
     the  calendar year  on the  last day  of the  following                                                                    
     month; except  as otherwise provided under  (2) of this                                                                    
     subsection, the  amount of  the installment  payment is                                                                    
     the sum of the following  amounts, less 1/12 of the tax                                                                    
     credits that are  allowed by law to  be applied against                                                                    
     the  tax levied  by  AS 43.55.011(e)  for the  calendar                                                                    
     year,  but the  amount of  the installment  payment may                                                                    
     not be less than zero:                                                                                                     
               (A)  for oil and gas produced from leases or                                                                     
     properties  in   the  state  outside  the   Cook  Inlet                                                                    
     sedimentary basin  but not subject  to AS 43.55.011(o),                                                                    
     other   than   leases    or   properties   subject   to                                                                    
     AS 43.55.011(f), the greater of                                                                                            
               (i)  zero; or                                                                                                    
               (ii)  the sum of 25 percent and the tax rate                                                                     
     calculated   for   the  month   under   AS 43.55.011(g)                                                                    
     multiplied  by the  remainder  obtained by  subtracting                                                                    
     1/12 of the producer's  adjusted lease expenditures for                                                                    
     the calendar year of  production under AS 43.55.165 and                                                                    
     43.55.170  that  are  deductible   for  the  leases  or                                                                    
     properties under  AS 43.55.160 from the gross  value at                                                                    
     the point  of production  of the  oil and  gas produced                                                                    
     from  the leases  or properties  during  the month  for                                                                    
     which the installment payment is calculated;                                                                               
               (B)  for oil and gas produced from leases or                                                                     
     properties  subject to  AS 43.55.011(f), 10  percent of                                                                
     the gross value at the  point of production of that oil                                                                
     and gas [THE GREATEST OF                                                                                               
               (i)  ZERO;                                                                                                       
               (ii)  ZERO PERCENT, ONE PERCENT, TWO                                                                             
     PERCENT,   THREE   PERCENT,   OR   FOUR   PERCENT,   AS                                                                    
     APPLICABLE,  OF  THE  GROSS   VALUE  AT  THE  POINT  OF                                                                    
     PRODUCTION OF THE OIL AND  GAS PRODUCED FROM ALL LEASES                                                                    
     OR   PROPERTIES  DURING   THE  MONTH   FOR  WHICH   THE                                                                    
     INSTALLMENT PAYMENT IS CALCULATED; OR                                                                                      
               (iii)  THE SUM OF 25 PERCENT AND THE TAX                                                                         
     RATE  CALCULATED FOR  THE  MONTH UNDER  AS 43.55.011(g)                                                                    
     MULTIPLIED  BY THE  REMAINDER  OBTAINED BY  SUBTRACTING                                                                    
     1/12 OF THE PRODUCER'S  ADJUSTED LEASE EXPENDITURES FOR                                                                    
     THE CALENDAR YEAR OF  PRODUCTION UNDER AS 43.55.165 AND                                                                    
     43.55.170  THAT  ARE  DEDUCTIBLE FOR  THOSE  LEASES  OR                                                                    
     PROPERTIES UNDER  AS 43.55.160 FROM THE GROSS  VALUE AT                                                                    
     THE POINT  OF PRODUCTION  OF THE  OIL AND  GAS PRODUCED                                                                    
     FROM THOSE  LEASES OR PROPERTIES  DURING THE  MONTH FOR                                                                    
     WHICH THE INSTALLMENT PAYMENT IS CALCULATED];                                                                              
               (C)  for oil and gas produced from each                                                                          
     lease or  property subject to AS 43.55.011(j),  (k), or                                                                    
     (o), the greater of                                                                                                        
               (i)  zero; or                                                                                                    
               (ii)  the sum of 25 percent and the tax rate                                                                     
     calculated   for   the  month   under   AS 43.55.011(g)                                                                    
     multiplied  by the  remainder  obtained by  subtracting                                                                    
     1/12 of the producer's  adjusted lease expenditures for                                                                    
     the calendar year of  production under AS 43.55.165 and                                                                    
     43.55.170  that are  deductible under  AS 43.55.160 for                                                                    
     oil or  gas, respectively,  produced from the  lease or                                                                    
     property  from   the  gross  value  at   the  point  of                                                                    
     production of  the oil  or gas,  respectively, produced                                                                    
     from the lease  or property during the  month for which                                                                    
     the installment payment is calculated;                                                                                     
               (2)  an amount calculated under (1)(C) of                                                                        
     this subsection  for oil or  gas produced from  a lease                                                                    
     or  property subject  to AS 43.55.011(j),  (k), or  (o)                                                                    
     may  not exceed  the product  obtained by  carrying out                                                                    
     the calculation  set out  in AS 43.55.011(j)(1)  or (2)                                                                    
     or 43.55.011(o), as  applicable, for gas or  set out in                                                                    
     AS 43.55.011(k)(1) or (2), as  applicable, for oil, but                                                                    
     substituting  in  AS 43.55.011(j)(1)(A)  or  (2)(A)  or                                                                    
     43.55.011(o), as applicable, the  amount of taxable gas                                                                    
     produced  during the  month for  the amount  of taxable                                                                    
     gas produced during the  calendar year and substituting                                                                    
     in AS 43.55.011(k)(1)(A) or  (2)(A), as applicable, the                                                                    
     amount  of taxable  oil produced  during the  month for                                                                    
     the amount of taxable  oil produced during the calendar                                                                    
     year;                                                                                                                      
               (3)  an installment payment of the estimated                                                                     
     tax  levied  by  AS 43.55.011(i)   for  each  lease  or                                                                    
     property is due for each  month of the calendar year on                                                                    
     the last day of the  following month; the amount of the                                                                    
     installment payment is the sum of                                                                                          
               (A)  the applicable tax rate for oil                                                                             
     provided  under  AS 43.55.011(i),   multiplied  by  the                                                                    
     gross  value at  the  point of  production  of the  oil                                                                    
     taxable  under AS 43.55.011(i)  and  produced from  the                                                                    
     lease or property during the month; and                                                                                    
               (B)  the applicable tax rate for gas                                                                             
     provided  under  AS 43.55.011(i),   multiplied  by  the                                                                    
     gross  value at  the  point of  production  of the  gas                                                                    
      taxable under AS 43.55.011(i) and produced from the                                                                       
     lease or property during the month;                                                                                        
               (4)  any amount of tax levied by                                                                                 
     AS 43.55.011(e) or  (i), net of any  credits applied as                                                                    
     allowed by law,  that exceeds the total  of the amounts                                                                    
     due as installment payments of  estimated tax is due on                                                                    
     March 31  of the  year following  the calendar  year of                                                                    
     production."                                                                                                               
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI explained  that  for decades  Alaska had  a                                                               
gross  tax;  when  they  went  to  the  net  tax  under  PPT  and                                                               
reaffirmed that under  ACES, that was a "huge leap  of faith" for                                                               
the  state, because  of auditing  and  lease expenditure  issues.                                                               
Many  had  concerns,  even  the  governor.  The  governor's  bill                                                               
actually  had a  gross  floor  of 10  percent.  The  idea was  to                                                               
protect the state  at the low end.  But if you move  one thing at                                                               
one end it impacts the other end  and in ACES they agreed to give                                                               
up the low end, because they got  more at the high end. "That was                                                               
the absolute  bargain that was  struck," he said. It  exposes the                                                               
state by hundreds  of millions of dollars. If oil  was $50 barrel                                                               
right now, they would be having a very different conversation.                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI  said they hadn't contemplated  that at high                                                               
ends they were  a little high, but by the  same token they didn't                                                               
accurately  contemplate that  at  $40 or  $50  barrel the  system                                                               
would not  be durable.  He reminded them  that in  February, 2009                                                               
ANS  was trading  at  $42.78 and  in January  it  was trading  at                                                               
$39.01. Perhaps  they should be  trying to create a  more durable                                                               
system and he thought this was "a fair compromise."                                                                             
                                                                                                                                
2:01:49 PM                                                                                                                    
MICHELLE SYDEMAN,  staff to Senator Wielechowski,  explained that                                                               
proposed amendment B.13 established a  production tax floor of 10                                                               
percent  of gross  value at  the point  of production  for legacy                                                               
fields  in  Alaska; it  would  only  apply  to fields  that  have                                                               
already  produced  1  billion  barrels   of  oil  and  are  still                                                               
producing an  average of 100,000  barrels a day. Prudhoe  Bay and                                                               
Kuparuk are the only fields  that currently meet that definition.                                                               
About  80 percent  of Alaska's  oil production  comes from  these                                                               
fields  and  most  facilities associated  with  them  were  fully                                                               
depreciated years ago.  The sponsors of this  amendment wanted to                                                               
stress that it does not apply  to new fields or to smaller fields                                                               
to  avoid  any potential  of  putting  new field  development  or                                                               
development of small reservoirs at risk.                                                                                        
                                                                                                                                
MS. SYDEMAN  said that  ACES already  has 0-4  percent production                                                               
tax floor, depending  on the price of oil. But  it can be brought                                                               
even lower  by credits. This  means the state could  actually owe                                                               
companies production tax  in a low price environment  when at the                                                               
same time the  state is struggling to pay for  the most essential                                                               
of  state   services  with  a  deficit   budget.  This  amendment                                                               
addressees  that  potential  and  would not  allow  legacy  field                                                               
producers to apply  tax credits to reduce  their production taxes                                                               
below the 10 percent gross floor.  She said the state may take in                                                               
more with a 10 percent gross floor than with ACES.                                                                              
                                                                                                                                
She  added that  initial  rough modeling  indicates  that at  $40                                                               
barrel, ACES  would generate negative  production taxes  with net                                                               
operating losses  and capital credits  of $640 million  while the                                                               
10  percent gross  floor would  raise $103  million more  or $163                                                               
million  in  production  taxes. She  said  these  numbers  assume                                                               
explorers would  claim $250  million of  capital credits  and net                                                               
operating losses.  The calculations  were rough and sponsors were                                                               
grateful  that  PFC  Energy would  be  performing  more  detailed                                                               
analyses.                                                                                                                       
                                                                                                                                
2:07:47 PM                                                                                                                    
CO-CHAIR PASKVAN found  no questions and asked  Senator French to                                                               
explain Amendment B.10, the gold plating issue.                                                                                 
                                                                                                                                
                                                27-LS1305\B.10                                                                  
                                                Nauman/Bullock                                                                  
                                                                                                                                
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, line 1, following "tax;":                                                                                        
          Insert "limiting the amount of certain tax                                                                          
     credits applicable to the oil and gas production tax;"                                                                   
                                                                                                                                
     Page 2, following line 5:                                                                                                  
          Insert new bill sections to read:                                                                                     
        "* Sec. 2. AS 43.55.023(a) is amended to read:                                                                      
          (a)  A producer or explorer may take a tax credit                                                                     
     for a qualified capital expenditure as follows:                                                                            
               (1)  except as limited by (p) of this                                                                        
     section,  notwithstanding  that   a  qualified  capital                                                                
     expenditure may  be a deductible lease  expenditure for                                                                    
     purposes  of calculating  the production  tax value  of                                                                    
     oil and gas under  AS 43.55.160(a), unless a credit for                                                                    
     that  expenditure   is  taken   under  AS 38.05.180(i),                                                                    
     AS 41.09.010,   AS 43.20.043,    or   AS 43.55.025,   a                                                                    
     producer or  explorer that  incurs a  qualified capital                                                                    
     expenditure  may  also  elect  to apply  a  tax  credit                                                                    
     against a  tax levied by AS 43.55.011(e)  in the amount                                                                    
     of 20  percent of  that expenditure; however,  not more                                                                    
     than  half of  the  tax  credit may  be  applied for  a                                                                    
     single calendar year;                                                                                                      
               (2)  a producer or explorer may take a                                                                           
     credit for a qualified  capital expenditure incurred in                                                                    
     connection with  geological or  geophysical exploration                                                                    
     or in connection  with an exploration well  only if the                                                                    
     producer or explorer                                                                                                       
               (A)  agrees, in writing, to the applicable                                                                       
     provisions of AS 43.55.025(f)(2); and                                                                                      
               (B)  submits to the Department of Natural                                                                        
     Resources  all  data  that  would  be  required  to  be                                                                    
     submitted under AS 43.55.025(f)(2).                                                                                        
        * Sec. 3. AS 43.55.023(d) is amended to read:                                                                         
          (d)  Except as limited by (i) and (p) of this                                                                     
     section,  a  person that  is  entitled  to take  a  tax                                                                    
     credit under  this section that wishes  to transfer the                                                                    
     unused  credit  to  another person  or  obtain  a  cash                                                                    
     payment under AS 43.55.028 may  apply to the department                                                                    
     for   transferable   tax    credit   certificates.   An                                                                    
     application  under this  subsection must  be in  a form                                                                    
     prescribed   by  the   department   and  must   include                                                                    
     supporting  information  and   documentation  that  the                                                                    
     department  reasonably requires.  The department  shall                                                                    
     grant or  deny an application, or  grant an application                                                                    
     as to a lesser amount than  that claimed and deny it as                                                                    
     to  the  excess, not  later  than  120 days  after  the                                                                    
     latest  of  (1)  March 31  of the  year  following  the                                                                    
     calendar   year   in   which  the   qualified   capital                                                                    
     expenditure  or carried-forward  annual loss  for which                                                                    
     the credit  is claimed was  incurred; (2) the  date the                                                                    
     statement  required under  AS 43.55.030(a)  or (e)  was                                                                    
     filed  for the  calendar  year in  which the  qualified                                                                    
     capital expenditure or  carried-forward annual loss for                                                                    
     which the  credit is claimed  was incurred; or  (3) the                                                                    
     date the  application was  received by  the department.                                                                    
     If, based on the information  then available to it, the                                                                    
     department is  reasonably satisfied that  the applicant                                                                    
     is  entitled to  a credit,  the department  shall issue                                                                    
     the    applicant    two   transferable    tax    credit                                                                    
     certificates,  each  for  half  of the  amount  of  the                                                                    
     credit.   The  credit   shown  on   one   of  the   two                                                                    
     certificates  is  available   for  immediate  use.  The                                                                    
     credit shown on the second  of the two certificates may                                                                    
     not  be  applied against  a  tax  for a  calendar  year                                                                    
     earlier than  the calendar year following  the calendar                                                                    
     year  in  which  the  certificate is  issued,  and  the                                                                    
     certificate  must contain  a  conspicuous statement  to                                                                    
     that   effect.   A   certificate  issued   under   this                                                                    
     subsection does not expire.                                                                                                
        * Sec. 4. AS 43.55.023(l) is amended to read:                                                                         
          (l)  Except as limited by (p) of this section, a                                                                  
     [A] producer  or explorer  may apply  for a  tax credit                                                                    
     for  a well  lease  expenditure incurred  in the  state                                                                    
     south  of  68  degrees North  latitude  after  June 30,                                                                    
     2010, as follows:                                                                                                          
               (1)  notwithstanding that a well lease                                                                           
     expenditure incurred  in the state south  of 68 degrees                                                                    
     North latitude  may be  a deductible  lease expenditure                                                                    
     for purposes  of calculating  the production  tax value                                                                    
     of oil  and gas under AS 43.55.160(a),  unless a credit                                                                    
     for  that  expenditure  is  taken  under  (a)  of  this                                                                    
     section,  AS 38.05.180(i), AS 41.09.010,  AS 43.20.043,                                                                    
     or AS 43.55.025,  a producer or explorer  that incurs a                                                                    
     well  lease  expenditure  in  the  state  south  of  68                                                                    
     degrees North latitude may elect  to apply a tax credit                                                                    
     against a  tax levied by AS 43.55.011(e)  in the amount                                                                    
     of 40 percent  of that expenditure; a  tax credit under                                                                    
     this  paragraph may  be applied  for a  single calendar                                                                    
     year;                                                                                                                      
               (2)  a producer or explorer may take a                                                                           
     credit  for a  well lease  expenditure incurred  in the                                                                    
     state south of 68  degrees North latitude in connection                                                                    
     with  geological  or   geophysical  exploration  or  in                                                                    
     connection  with  an  exploration   well  only  if  the                                                                    
     producer or explorer                                                                                                       
               (A)  agrees, in writing, to the applicable                                                                       
     provisions of AS 43.55.025(f)(2); and                                                                                      
               (B)  submits to the Department of Natural                                                                        
     Resources  all  data  that  would  be  required  to  be                                                                    
     submitted under AS 43.55.025(f)(2).                                                                                        
        * Sec.  5. AS 43.55.023 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (p)  The amount of credit for a capital                                                                               
     expenditure under  (a) or  (l) of  this section  for an                                                                    
     expenditure  that is  also  a  lease expenditure  under                                                                    
     AS 43.55.165  is reduced  by  the  amount necessary  so                                                                    
     that the  tax benefit  percentage is  not more  than 65                                                                    
     percent  of  the  capital expenditure.  The  amount  of                                                                    
     credit for  a capital expenditure  under (a) or  (l) of                                                                    
     this  section that  may  not be  taken  because of  the                                                                    
     limitation in this  subsection may not be  applied in a                                                                    
     later calendar year  under (c) of this  section and may                                                                    
     not  be included  in an  application for  a tax  credit                                                                    
     certificate  under   (d)  of  this  section.   In  this                                                                    
     subsection, "tax  benefit percentage" means the  sum of                                                                    
     the average monthly tax  rate under AS 43.55.011(e) and                                                                    
     (g) for the calendar year  in which the credit is taken                                                                    
     and the percentage of the  capital expenditure that may                                                                    
     be taken as a credit under (a) or (l) of this section.                                                                     
        * Sec. 6. AS 43.55.025(a) is amended to read:                                                                         
          (a)  Subject to the terms and conditions of this                                                                      
     section and except  as limited by (n)  of this section,                                                                
     a  credit   against  the   production  tax   levied  by                                                                    
     AS 43.55.011(e)    is     allowed    for    exploration                                                                    
     expenditures that qualify under  (b) of this section in                                                                    
     an amount equal to one of the following:                                                                                   
               (1)  30 percent of the total exploration                                                                         
     expenditures  that qualify  only under  (b) and  (c) of                                                                    
     this section;                                                                                                              
               (2)  30 percent of the total exploration                                                                         
     expenditures  that qualify  only under  (b) and  (d) of                                                                    
     this section;                                                                                                              
               (3)  40 percent of the total exploration                                                                         
     expenditures that  qualify under  (b), (c), and  (d) of                                                                    
     this section;                                                                                                              
               (4)  40 percent of the total exploration                                                                         
     expenditures  that qualify  only under  (b) and  (e) of                                                                    
     this section; or                                                                                                           
               (5)  80, 90, or 100 percent, or a lesser                                                                         
     amount described in  (l) of this section,  of the total                                                                    
     exploration  expenditures described  in (b)(1)  and (2)                                                                    
     of this section  and not excluded by (b)(3)  and (4) of                                                                    
     this  section  that  qualify only  under  (l)  of  this                                                                    
     section.                                                                                                                   
        * Sec.  7. AS 43.55.025 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (n)  The amount of credit for an exploration                                                                          
     expenditure under (a)(1)  - (4) of this  section for an                                                                    
     expenditure  that is  also  a  lease expenditure  under                                                                    
     AS 43.55.165  is reduced  by  the  amount necessary  so                                                                    
     that the  tax benefit  percentage is  not more  than 65                                                                    
     percent of  the exploration expenditure. The  amount of                                                                    
     credit for  an exploration  expenditure under  (a)(1) -                                                                    
     (4) of  this section that  may not be taken  because of                                                                    
     the   limitation  in   this  subsection   may  not   be                                                                    
     transferred,  conveyed,  or  sold  under  (g)  of  this                                                                    
     section. In  this subsection, "tax  benefit percentage"                                                                    
     means the  sum of  the average  monthly tax  rate under                                                                    
     AS 43.55.011(e) and (g) for the  calendar year in which                                                                    
     the  credit   is  taken  and  the   percentage  of  the                                                                    
     exploration expenditure  that may be taken  as a credit                                                                    
     under (a)(1) - (4) of this section."                                                                                       
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
2:06:10 PM                                                                                                                    
SENATOR  FRENCH  said  beginning  in 2003  with  the  exploration                                                               
incentive  credit and  accelerating  in 2006  and  2007 with  the                                                               
conversion  to  a  net  profit system,  Alaska  has  offered  tax                                                               
credits to encourage investment by  the oil industry. It has been                                                               
wildly successful in  that almost $4 billion in  tax credits have                                                               
been earned. However, this  extraordinary state investment raises                                                               
three questions:                                                                                                                
1. Is  the industry  investing in  activities that  will increase                                                               
production and by extension increased revenue to the state?                                                                     
2.  Is  the  high  level   of  state  participation  creating  an                                                               
excessive   subsidy   potentially   incentivizing   wasteful   or                                                               
inefficient projects?                                                                                                           
3. Is  there an  imbalance in the  benefit received  by explorers                                                               
versus active producers?                                                                                                        
                                                                                                                                
SENATOR FRENCH said when a  company makes an investment the state                                                               
participates  financially in  at least  two different  ways. One,                                                               
the  expenditure reduces  their  taxable income,  so the  company                                                               
reduces its taxes  by the amount of the  investment multiplied by                                                               
its tax  rate and  then the  state also  pays a  tax credit  of a                                                               
percentage  of  the  investment.  This  amendment  establishes  a                                                               
mechanism that caps the sum total  of these two tax reductions so                                                               
that the state  doesn't pay directly more than 65  percent of the                                                               
cost of an investment. If the  cap figure is exceeded, any earned                                                               
credits are reduced to reach the  65 percent level. The cap would                                                               
not take  effect until  the tax  rate exceeds  45 percent  in the                                                               
typical investment in a producing  oil field, which combined with                                                               
the  20 percent  capital  investment credit  would  equal the  65                                                               
percent  cap.  Under   ACES,  this  rate  is   reached  when  the                                                               
production tax value or profit equals $80 barrel.                                                                               
                                                                                                                                
For  explorers  without  taxable income  the  amendment,  Senator                                                               
French said,  won't have any  significant impact.  Such companies                                                               
do not  pay a progressive tax  rate, because they don't  have any                                                               
income to  tax. But, instead they  now receive a flat  25 percent                                                               
net operating loss  credit. Explorers can add this  to either the                                                               
capital  investment  credit  of  20 percent  or  the  exploration                                                               
incentive credit, which  is up to 40 percent,  but regardless, it                                                               
wouldn't  go over  the 65  percent cap.  This helps  balance what                                                               
some  consider  the  unequal   distribution  of  credits  between                                                               
producers and explorers and it does not touch Cook Inlet.                                                                       
                                                                                                                                
SENATOR STEDMAN  stated that  Pedro van Meurs  has said  that the                                                               
state  is exposed  to negative  taxes from  capital credits,  but                                                               
other  progressive issues  might have  to be  solved first.  Some                                                               
order of building  the adjustments might be needed,  but the gold                                                               
plating needs a test run no matter what they do.                                                                                
                                                                                                                                
2:11:10 PM                                                                                                                    
SENATOR FRENCH  agreed and  said they must  look for  the perfect                                                               
balance, because the state shouldn't  be paying the whole cost of                                                               
any given investment. Reflecting on  his visit to Norway, he said                                                               
even those patriots wouldn't do it.                                                                                             
                                                                                                                                
SENATOR MCGUIRE  observed that when  she and Senator  Wagoner put                                                               
the  Cook Inlet  credits together  for the  jack-up rigs,  SB 309                                                               
required  a 50  percent repayment  upon success.  They recognized                                                               
that it was important to partner  in the risk of bringing in such                                                               
a large undertaking.                                                                                                            
                                                                                                                                
2:13:49 PM                                                                                                                    
CO-CHAIR  PASKVAN invited  Senator  Wagoner to  explain Item  17,                                                               
labeled 27-LS1305\B.3.                                                                                                          
                                                                                                                                
                                                 27-LS1305\B.3                                                                  
                                                Nauman/Bullock                                                                  
                                                                                                                                
                       A M E N D M E N T                                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 192(RES), Draft Version "B"                                                                                      
                                                                                                                                
     Page 1, following "tax;":                                                                                                
          Insert "providing for a tax credit applicable to                                                                    
      the oil and gas production tax based on the capital                                                                     
     cost of developing new oil and gas production;"                                                                          
                                                                                                                                
     Page 1, following line 2:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section 1. AS 43.20.043(g) is amended to read:                                                                   
          (g)  A taxpayer that obtains a credit for a                                                                           
       qualified capital investment or cost incurred for                                                                        
       qualified services under this section may not also                                                                       
     claim  a tax  credit  or royalty  modification for  the                                                                    
     same qualified capital investment  or cost incurred for                                                                    
     qualified      services     under      AS 38.05.180(i),                                                                    
     AS 41.09.010,   AS 43.55.023,    [OR]   43.55.025,   or                                                                
     43.55.026. However, a taxpayer  may elect not to obtain                                                                
     a credit under  this section in order to  qualify for a                                                                    
     credit  provided  under AS 38.05.180(i),  AS 41.09.010,                                                                    
     AS 43.55.023, [OR] 43.55.025, or 43.55.026."                                                                           
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Page 2, line 6:                                                                                                            
          Delete all material and insert:                                                                                       
        "*  Sec. 3.  AS 43.55  is amended  by  adding a  new                                                                
     section to read:                                                                                                           
          Sec. 43.55.026. Development cost credit. (a) This                                                                   
     section   applies  to   a   credit   for  a   qualified                                                                    
     development  expenditure   incurred  before   2018  and                                                                    
     before  the  start  of  sustained  production  that  is                                                                    
     taxable    under    AS 43.55.011(e).   The    qualified                                                                    
     development   expenditure   must    be   incurred   for                                                                    
     development  outside  of  the  Cook  Inlet  sedimentary                                                                    
     basin   and  outside   of   the   Point  Thomson   unit                                                                    
     established under  AS 38.05.180(p) as  the area  of the                                                                    
     Point Thomson  unit existed  on December 31,  2010. The                                                                    
     qualified  development  expenditure  must  be  for  the                                                                    
     development of a                                                                                                           
               (1)  lease or property that, as of                                                                               
     December 31,  2010,  contains  land   that  is  not  or                                                                    
     previously had not been within a  unit or is not or had                                                                    
     not  previously  been  involved directly  in  sustained                                                                    
     production; or                                                                                                             
               (2)  pool that, as of December 31, 2010, is                                                                      
     not  directly involved  in or  had not  previously been                                                                    
     involved directly in sustained production.                                                                                 
          (b)  The total amount of the credits under this                                                                       
     section  is  equal  to 100  percent  of  the  qualified                                                                    
     development  expenditures that  are incurred  after the                                                                    
     completion of  the first well drilled  that discovers a                                                                    
     pool capable  of commercial  production from  the lease                                                                    
     or  property   and  before   the  start   of  sustained                                                                    
     production,  less the  amount  of  credits taken  under                                                                    
     AS 43.55.023(a)  and  (b).  In  consultation  with  the                                                                    
     Alaska  Oil   and  Gas  Conservation   Commission,  the                                                                    
     department shall determine the date                                                                                        
               (1)  on which the first well drilled                                                                             
     discovered a pool capable of production; and                                                                               
               (2)  of the start of sustained production                                                                        
     from the pool, lease, or property.                                                                                         
          (c)  A credit under this section may be applied                                                                       
     against  the  tax  levied by  AS 43.55.011(e)  for  the                                                                    
     pool,  lease, or  property that  is the  basis for  the                                                                    
     credit  until  the  credit  for  qualified  development                                                                    
     expenditures has been fully applied.                                                                                       
          (d)  A qualified development expenditure that is                                                                      
     taken as  a credit under  this section may not  be used                                                                    
     as  an expenditure  for  which a  credit  may be  taken                                                                    
     under  AS 43.20.043. A  credit  under AS 43.55.023  may                                                                    
     not be taken against  the tax levied by AS 43.55.011(e)                                                                    
     for the pool, lease, or  property that is the basis for                                                                    
     a credit  during the  same month in  which a  credit is                                                                    
     taken under this section.                                                                                                  
          (e)  A credit or portion of a credit under this                                                                       
     section  is not  transferable and  may not  be used  to                                                                    
     reduce a  person's tax liability  under AS 43.55.011(e)                                                                    
     to below zero for any calendar year.                                                                                       
          (f)  The department shall adopt regulations                                                                           
     describing  the procedures  for determining  the amount                                                                    
     of  the credit,  record  keeping,  verification of  the                                                                    
     accuracy    of   the    credit   claimed,    allocating                                                                    
     expenditures  to a  pool eligible  for  a credit  under                                                                    
     (a)(2)   of  this   section,   and  other   regulations                                                                    
     necessary to administer this section.                                                                                      
          (g)  If a pool, lease, or property for which a                                                                        
     credit  may be  taken under  this section  subsequently                                                                    
     becomes a part of  a unit, or a pool that  is in a unit                                                                    
     first  begins sustained  production after  December 31,                                                                    
     2010, the  credit may be  applied only against  the tax                                                                    
     levied  by AS 43.55.011(e)  for the  production of  oil                                                                    
     and gas  attributable to the  pool, lease,  or property                                                                    
     that  qualified  for the  credit.  For  the purpose  of                                                                    
     applying the credit, the tax  shall be allocated to the                                                                    
     pool, lease, or property  that qualified for the credit                                                                    
     in  proportion to  the volume  of production  from that                                                                    
     pool lease or property within the unit.                                                                                    
          (h)  In this section,                                                                                                 
               (1)  "pool" has the meaning given in                                                                             
     AS 31.05.170;                                                                                                              
               (2)  "qualified development expenditure"                                                                         
     means  an expenditure,  other than  an expenditure  for                                                                    
     exploring  for new  oil or  gas reserves,  that may  be                                                                    
     recognized  as  a   qualified  capital  expenditure  as                                                                    
     defined in AS 43.55.023;                                                                                                   
               (3)  "sustained production" has the meaning                                                                      
     given in AS 43.55.025(l).                                                                                                  
        * Sec. 4. AS 43.55.180(a) is amended to read:                                                                         
          (a)  The department shall study                                                                                       
               (1)  the effects of the provisions of this                                                                       
     chapter on  oil and  gas exploration,  development, and                                                                    
     production  in the  state,  on investment  expenditures                                                                    
     for   oil  and   gas   exploration,  development,   and                                                                    
     production in the state, on  the entry of new producers                                                                    
     into the  oil and gas  industry in the state,  on state                                                                    
     revenue,  and  on  tax administration  and  compliance,                                                                    
     giving particular  attention to the tax  rates provided                                                                    
     under  AS 43.55.011,  the  tax credits  provided  under                                                                    
     AS 43.55.023  - 43.55.026  [AS 43.55.023 -  43.55.025],                                                                
     and  the  deductions  for   and  adjustments  to  lease                                                                    
     expenditures provided  under AS 43.55.160  - 43.55.170;                                                                    
     and                                                                                                                        
               (2)  the effects of the tax rates under                                                                          
     AS 43.55.011(i)  on state  revenue and  on oil  and gas                                                                    
     exploration,  development,  and production  on  private                                                                    
     land, and the  fairness of those tax  rates for private                                                                    
     landowners.                                                                                                                
        *  Sec. 5.    Section  2 of  this  Act takes  effect                                                                  
     January 1, 2013.                                                                                                           
        * Sec.  6.   Except as  provided in  sec. 5  of this                                                                  
     Act,   this   Act   takes  effect   immediately   under                                                                    
     AS 01.10.070(c)."                                                                                                          
                                                                                                                                
2:13:47 PM                                                                                                                    
CO-CHAIR WAGONER  said the  concept of  this amendment  came from                                                               
his SB  85 on explorer  credits; if  a company comes  into Alaska                                                               
and  explores  and  finds  hydrocarbon  that  is  producible  and                                                               
commercial, then all  expenses up to that point are  subject to a                                                               
tax write off against production taxes for five years.                                                                          
                                                                                                                                
He said  he thought this  would really incentivize  the explorers                                                               
to  go  to  production,  because   now,  they  explore  and  find                                                               
producible hydrocarbons,  but just try  to flip and sell  it. So,                                                               
the  state  still  pays  the high  cost  of  exploration  through                                                               
credits.  If  this  were structured  right,  it  would  eliminate                                                               
paying  those credits  by  saying they  are  not applicable.  The                                                               
facilities  for treating  the oil  would also  be deductible,  so                                                               
they wouldn't  have to  worry about making  a discovery  and then                                                               
having to negotiate  facilities access to treat  their oil before                                                               
putting it in the pipeline.                                                                                                     
CO-CHAIR PASKVAN said that was the end of the concept                                                                           
presentations. [SB 192 was held in committee.]                                                                                  
                                                                                                                                
2:18:12 PM                                                                                                                    
CO-CHAIR PASKVAN adjourned the Senate Resources Standing                                                                        
Committee meeting at 2:18 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
B-18 Simple Progressivity 2_Wielechowski.pdf SRES 2/25/2012 1:00:00 PM
SB 192
B-4 and B-5 Back-Up_McGuire.pdf SRES 2/25/2012 1:00:00 PM
SB 192