00                             HOUSE BILL NO. 369                                                                          
01 "An Act relating to the oil and gas production tax; and providing for an effective date."                               
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 43.55.011(e) is amended to read:                                                                   
04 (e)  There is levied on the producer of oil or gas a tax for all oil and gas                                            
05 produced each calendar year from each lease or property in the state, less any oil and                                  
06 gas the ownership or right to which is exempt from taxation or constitutes a                                            
07 landowner's royalty interest or for which a tax is levied by AS 43.55.014. Except as                                    
08 otherwise provided under (f), (j), (k), (o), [AND] (p), and (q) of this section, for oil                            
09       and gas produced                                                                                                  
10                 (1)  before January 1, 2014, the tax is equal to the sum of                                             
11                      (A)  the annual production tax value of the taxable oil and gas                                    
12            as calculated under AS 43.55.160(a)(1) multiplied by 25 percent; and                                         
13                      (B)  the sum, over all months of the calendar year, of the tax                                     
14            amounts determined under (g) of this section;                                                                
15                 (2)  on and after January 1, 2014, and before January 1, 2022, the tax is                               
01       equal to the annual production tax value of the taxable oil and gas as calculated under                           
02       AS 43.55.160(a)(1) multiplied by 35 percent;                                                                      
03                 (3)  on and after January 1, 2022, the tax for                                                          
04                      (A)  oil is equal to the annual production tax value of the                                        
05            taxable oil as calculated under AS 43.55.160(h) multiplied by 35 percent;                                    
06 (B)  gas is equal to 13 percent of the gross value at the point of                                                      
07 production of the taxable gas; if the gross value at the point of production of                                         
08 gas produced from a lease or property is less than zero, that gross value at the                                        
09            point of production is considered zero for purposes of this subparagraph.                                    
10    * Sec. 2. AS 43.55.011(f) is amended to read:                                                                      
11            (f)  The levy of tax under (e) of this section for                                                           
12 (1)  oil and gas produced before January 1, 2022, from leases or                                                        
13 properties that include land north of 68 degrees North latitude, other than gas subject                                 
14       to (o) of this section, may not be less than                                                                      
15 (A)  four percent of the gross value at the point of production                                                         
16 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
17 the United States West Coast during the calendar year for which the tax is due                                          
18            is more than $25;                                                                                            
19 (B)  three percent of the gross value at the point of production                                                        
20 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
21 the United States West Coast during the calendar year for which the tax is due                                          
22            is over $20 but not over $25;                                                                                
23 (C)  two percent of the gross value at the point of production                                                          
24 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
25 the United States West Coast during the calendar year for which the tax is due                                          
26            is over $17.50 but not over $20;                                                                             
27 (D)  one percent of the gross value at the point of production                                                          
28 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
29 the United States West Coast during the calendar year for which the tax is due                                          
30            is over $15 but not over $17.50; or                                                                          
31 (E)  zero percent of the gross value at the point of production                                                         
01 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
02 the United States West Coast during the calendar year for which the tax is due                                          
03            is $15 or less; [AND]                                                                                        
04 (2)  oil produced on and after January 1, 2022, except as provided in                                               
05 (3) of this subsection, from leases or properties that include land north of 68 degrees                             
06       North latitude, may not be less than                                                                              
07 (A)  four percent of the gross value at the point of production                                                         
08 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
09 the United States West Coast during the calendar year for which the tax is due                                          
10            is more than $25;                                                                                            
11 (B)  three percent of the gross value at the point of production                                                        
12 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
13 the United States West Coast during the calendar year for which the tax is due                                          
14            is over $20 but not over $25;                                                                                
15 (C)  two percent of the gross value at the point of production                                                          
16 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
17 the United States West Coast during the calendar year for which the tax is due                                          
18            is over $17.50 but not over $20;                                                                             
19 (D)  one percent of the gross value at the point of production                                                          
20 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
21 the United States West Coast during the calendar year for which the tax is due                                          
22            is over $15 but not over $17.50; or                                                                          
23 (E)  zero percent of the gross value at the point of production                                                         
24 when the average price per barrel for Alaska North Slope crude oil for sale on                                          
25 the United States West Coast during the calendar year for which the tax is due                                          
26            is $15 or less; and                                                                                      
27 (3)  oil produced on and after January 1, 2023, and before                                                          
28 January 1, 2025, from leases or properties that include land north of 68 degrees                                    
29       North latitude, is six percent of the gross value at the point of production.                               
30    * Sec. 3. AS 43.55.011 is amended by adding a new subsection to read:                                              
31 (q)  Notwithstanding the relevant provisions of this section, the tax on oil                                            
01 produced from leases or properties that include land north of 68 degrees North latitude                                 
02 under (e)(3)(A) of this section is suspended for a period beginning January 1, 2023,                                    
03 and ending January 1, 2025. For the period the tax under (e)(3)(A) of this section is                                   
04 suspended for a producer, the minimum tax under (f)(3) of this section will instead                                     
05 apply. For purposes of calculating an installment payment under AS 43.55.020 for the                                    
06 time the tax under (e)(3)(A) of this section is suspended under this subsection, a                                      
07 producer shall pay tax at the rate set out in (f)(3) of this section. For the purposes of                               
08 the tax credits under AS 43.55.024 and 43.55.025, a producer may calculate its tax                                      
09       under (e)(3)(A) of this section, but tax is not due under (e)(3)(A) of this section.                              
10    * Sec. 4. AS 43.55.020(a) is amended to read:                                                                      
11 (a)  For a calendar year, a producer subject to tax under AS 43.55.011 shall pay                                        
12       the tax as follows:                                                                                               
13 (1)  for oil and gas produced before January 1, 2014, an installment                                                    
14 payment of the estimated tax levied by AS 43.55.011(e), net of any tax credits applied                                  
15 as allowed by law, is due for each month of the calendar year on the last day of the                                    
16 following month; except as otherwise provided under (2) of this subsection, the                                         
17 amount of the installment payment is the sum of the following amounts, less 1/12 of                                     
18 the tax credits that are allowed by law to be applied against the tax levied by                                         
19 AS 43.55.011(e) for the calendar year, but the amount of the installment payment may                                    
20       not be less than zero:                                                                                            
21 (A)  for oil and gas not subject to AS 43.55.011(o) or (p)                                                              
22 produced from leases or properties in the state outside the Cook Inlet                                                  
23 sedimentary basin, other than leases or properties subject to AS 43.55.011(f),                                          
24            the greater of                                                                                               
25                           (i)  zero; or                                                                                 
26 (ii)  the sum of 25 percent and the tax rate calculated for                                                             
27 the month under AS 43.55.011(g) multiplied by the remainder obtained                                                    
28 by subtracting 1/12 of the producer's adjusted lease expenditures for the                                               
29 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
30 deductible for the oil and gas under AS 43.55.160 from the gross value                                                  
31 at the point of production of the oil and gas produced from the leases or                                               
01                 properties during the month for which the installment payment is                                        
02                 calculated;                                                                                             
03                      (B)  for oil and gas produced from leases or properties subject                                    
04            to AS 43.55.011(f), the greatest of                                                                          
05                           (i)  zero;                                                                                    
06 (ii)  zero percent, one percent, two percent, three                                                                     
07 percent, or four percent, as applicable, of the gross value at the point of                                             
08 production of the oil and gas produced from the leases or properties                                                    
09                 during the month for which the installment payment is calculated; or                                    
10 (iii)  the sum of 25 percent and the tax rate calculated for                                                            
11 the month under AS 43.55.011(g) multiplied by the remainder obtained                                                    
12 by subtracting 1/12 of the producer's adjusted lease expenditures for the                                               
13 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
14 deductible for the oil and gas under AS 43.55.160 from the gross value                                                  
15 at the point of production of the oil and gas produced from those leases                                                
16 or properties during the month for which the installment payment is                                                     
17                 calculated;                                                                                             
18 (C)  for oil or gas subject to AS 43.55.011(j), (k), or (o), for                                                        
19            each lease or property, the greater of                                                                       
20                           (i)  zero; or                                                                                 
21 (ii)  the sum of 25 percent and the tax rate calculated for                                                             
22 the month under AS 43.55.011(g) multiplied by the remainder obtained                                                    
23 by subtracting 1/12 of the producer's adjusted lease expenditures for the                                               
24 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
25 deductible under AS 43.55.160 for the oil or gas, respectively,                                                         
26 produced from the lease or property from the gross value at the point of                                                
27 production of the oil or gas, respectively, produced from the lease or                                                  
28 property during the month for which the installment payment is                                                          
29                 calculated;                                                                                             
30                      (D)  for oil and gas subject to AS 43.55.011(p), the lesser of                                     
31 (i)  the sum of 25 percent and the tax rate calculated for                                                              
01 the month under AS 43.55.011(g) multiplied by the remainder obtained                                                    
02 by subtracting 1/12 of the producer's adjusted lease expenditures for the                                               
03 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
04 deductible for the oil and gas under AS 43.55.160 from the gross value                                                  
05 at the point of production of the oil and gas produced from the leases or                                               
06 properties during the month for which the installment payment is                                                        
07                 calculated, but not less than zero; or                                                                  
08 (ii)  four percent of the gross value at the point of                                                                   
09 production of the oil and gas produced from the leases or properties                                                    
10                 during the month, but not less than zero;                                                               
11 (2)  an amount calculated under (1)(C) of this subsection for oil or gas                                                
12 subject to AS 43.55.011(j), (k), or (o) may not exceed the product obtained by                                          
13 carrying out the calculation set out in AS 43.55.011(j)(1) or (2) or 43.55.011(o), as                                   
14 applicable, for gas or set out in AS 43.55.011(k) for oil, but substituting in                                          
15 AS 43.55.011(j)(1)(A) or (2)(A) or 43.55.011(o), as applicable, the amount of taxable                                   
16 gas produced during the month for the amount of taxable gas produced during the                                         
17 calendar year and substituting in AS 43.55.011(k) the amount of taxable oil produced                                    
18       during the month for the amount of taxable oil produced during the calendar year;                                 
19 (3)  an installment payment of the estimated tax levied by                                                              
20 AS 43.55.011(i) for each lease or property is due for each month of the calendar year                                   
21 on the last day of the following month; the amount of the installment payment is the                                    
22       sum of                                                                                                            
23 (A)  the applicable tax rate for oil provided under                                                                     
24 AS 43.55.011(i), multiplied by the gross value at the point of production of the                                        
25 oil taxable under AS 43.55.011(i) and produced from the lease or property                                               
26            during the month; and                                                                                        
27 (B)  the applicable tax rate for gas provided under                                                                     
28 AS 43.55.011(i), multiplied by the gross value at the point of production of the                                        
29 gas taxable under AS 43.55.011(i) and produced from the lease or property                                               
30            during the month;                                                                                            
31 (4)  any amount of tax levied by AS 43.55.011, net of any credits                                                       
01 applied as allowed by law, that exceeds the total of the amounts due as installment                                     
02 payments of estimated tax is due on March 31 of the year following the calendar year                                    
03       of production;                                                                                                    
04 (5)  for oil and gas produced on and after January 1, 2014, and before                                                  
05 January 1, 2022, an installment payment of the estimated tax levied by                                                  
06 AS 43.55.011(e), net of any tax credits applied as allowed by law, is due for each                                      
07 month of the calendar year on the last day of the following month; except as otherwise                                  
08 provided under (6) of this subsection, the amount of the installment payment is the                                     
09 sum of the following amounts, less 1/12 of the tax credits that are allowed by law to be                                
10 applied against the tax levied by AS 43.55.011(e) for the calendar year, but the amount                                 
11       of the installment payment may not be less than zero:                                                             
12 (A)  for oil and gas not subject to AS 43.55.011(o) or (p)                                                              
13 produced from leases or properties in the state outside the Cook Inlet                                                  
14 sedimentary basin, other than leases or properties subject to AS 43.55.011(f),                                          
15            the greater of                                                                                               
16                           (i)  zero; or                                                                                 
17 (ii)  35 percent multiplied by the remainder obtained by                                                                
18 subtracting 1/12 of the producer's adjusted lease expenditures for the                                                  
19 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
20 deductible for the oil and gas under AS 43.55.160 from the gross value                                                  
21 at the point of production of the oil and gas produced from the leases or                                               
22 properties during the month for which the installment payment is                                                        
23                 calculated;                                                                                             
24 (B)  for oil and gas produced from leases or properties subject                                                         
25            to AS 43.55.011(f), the greatest of                                                                          
26                           (i)  zero;                                                                                    
27 (ii)  zero percent, one percent, two percent, three                                                                     
28 percent, or four percent, as applicable, of the gross value at the point of                                             
29 production of the oil and gas produced from the leases or properties                                                    
30                 during the month for which the installment payment is calculated; or                                    
31 (iii)  35 percent multiplied by the remainder obtained by                                                               
01 subtracting 1/12 of the producer's adjusted lease expenditures for the                                                  
02 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
03 deductible for the oil and gas under AS 43.55.160 from the gross value                                                  
04 at the point of production of the oil and gas produced from those leases                                                
05 or properties during the month for which the installment payment is                                                     
06 calculated, except that, for the purposes of this calculation, a reduction                                              
07 from the gross value at the point of production may apply for oil and                                                   
08                 gas subject to AS 43.55.160(f) or (g);                                                                  
09 (C)  for oil or gas subject to AS 43.55.011(j), (k), or (o), for                                                        
10            each lease or property, the greater of                                                                       
11                           (i)  zero; or                                                                                 
12 (ii)  35 percent multiplied by the remainder obtained by                                                                
13 subtracting 1/12 of the producer's adjusted lease expenditures for the                                                  
14 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
15 deductible under AS 43.55.160 for the oil or gas, respectively,                                                         
16 produced from the lease or property from the gross value at the point of                                                
17 production of the oil or gas, respectively, produced from the lease or                                                  
18 property during the month for which the installment payment is                                                          
19                 calculated;                                                                                             
20                      (D)  for oil and gas subject to AS 43.55.011(p), the lesser of                                     
21 (i)  35 percent multiplied by the remainder obtained by                                                                 
22 subtracting 1/12 of the producer's adjusted lease expenditures for the                                                  
23 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
24 deductible for the oil and gas under AS 43.55.160 from the gross value                                                  
25 at the point of production of the oil and gas produced from the leases or                                               
26 properties during the month for which the installment payment is                                                        
27                 calculated, but not less than zero; or                                                                  
28 (ii)  four percent of the gross value at the point of                                                                   
29 production of the oil and gas produced from the leases or properties                                                    
30                 during the month, but not less than zero;                                                               
31 (6)  an amount calculated under (5)(C) of this subsection for oil or gas                                                
01 subject to AS 43.55.011(j), (k), or (o) may not exceed the product obtained by                                          
02 carrying out the calculation set out in AS 43.55.011(j)(1) or (2) or 43.55.011(o), as                                   
03 applicable, for gas or set out in AS 43.55.011(k) for oil, but substituting in                                          
04 AS 43.55.011(j)(1)(A) or (2)(A) or 43.55.011(o), as applicable, the amount of taxable                                   
05 gas produced during the month for the amount of taxable gas produced during the                                         
06 calendar year and substituting in AS 43.55.011(k) the amount of taxable oil produced                                    
07       during the month for the amount of taxable oil produced during the calendar year;                                 
08 (7)  for oil and gas produced on or after January 1, 2022, an installment                                               
09 payment of the estimated tax levied by AS 43.55.011(e), net of any tax credits applied                                  
10 as allowed by law, is due for each month of the calendar year on the last day of the                                    
11 following month; except as otherwise provided under (10) of this subsection, the                                        
12 amount of the installment payment is the sum of the following amounts, less 1/12 of                                     
13 the tax credits that are allowed by law to be applied against the tax levied by                                         
14 AS 43.55.011(e) for the calendar year, but the amount of the installment payment may                                    
15       not be less than zero:                                                                                            
16 (A)  for oil produced from leases or properties subject to                                                              
17            AS 43.55.011(f), the greatest of                                                                             
18                           (i)  zero;                                                                                    
19 (ii)  the [ZERO PERCENT, ONE PERCENT, TWO                                                                           
20 PERCENT, THREE PERCENT, OR FOUR PERCENT, AS]                                                                            
21 applicable percentage under AS 43.55.011(f) [,] of the gross value at                                               
22 the point of production of the oil produced from the leases or properties                                               
23                 during the month for which the installment payment is calculated; or                                    
24 (iii)  35 percent multiplied by the remainder obtained by                                                               
25 subtracting 1/12 of the producer's adjusted lease expenditures for the                                                  
26 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
27 deductible for the oil under AS 43.55.160(h)(1) from the gross value at                                                 
28 the point of production of the oil produced from those leases or                                                        
29 properties during the month for which the installment payment is                                                        
30 calculated, except that, for the purposes of this calculation, a reduction                                              
31 from the gross value at the point of production may apply for oil                                                       
01                 subject to AS 43.55.160(f) or 43.55.160(f) and (g);                                                     
02 (B)  for oil produced before or during the last calendar year                                                           
03 under AS 43.55.024(b) for which the producer could take a tax credit under                                              
04 AS 43.55.024(a), from leases or properties in the state outside the Cook Inlet                                          
05 sedimentary basin, no part of which is north of 68 degrees North latitude, other                                        
06            than leases or properties subject to AS 43.55.011(o) or (p), the greater of                                  
07                           (i)  zero; or                                                                                 
08                           (ii)  35 percent multiplied by the remainder obtained by                                      
09                 subtracting 1/12 of the producer's adjusted lease expenditures for the                                  
10 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
11 deductible for the oil under AS 43.55.160(h)(2) from the gross value at                                                 
12 the point of production of the oil produced from the leases or properties                                               
13                 during the month for which the installment payment is calculated;                                       
14 (C)  for oil and gas produced from leases or properties subject                                                         
15 to AS 43.55.011(p), except as otherwise provided under (8) of this subsection,                                          
16            the sum of                                                                                                   
17 (i)  35 percent multiplied by the remainder obtained by                                                                 
18 subtracting 1/12 of the producer's adjusted lease expenditures for the                                                  
19 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
20 deductible for the oil under AS 43.55.160(h)(3) from the gross value at                                                 
21 the point of production of the oil produced from the leases or properties                                               
22 during the month for which the installment payment is calculated, but                                                   
23                 not less than zero; and                                                                                 
24 (ii)  13 percent of the gross value at the point of                                                                     
25 production of the gas produced from the leases or properties during the                                                 
26                 month, but not less than zero;                                                                          
27 (D)  for oil produced from leases or properties in the state, no                                                        
28 part of which is north of 68 degrees North latitude, other than leases or                                               
29            properties subject to (B), (C), or (F) of this paragraph, the greater of                                     
30                           (i)  zero; or                                                                                 
31 (ii)  35 percent multiplied by the remainder obtained by                                                                
01 subtracting 1/12 of the producer's adjusted lease expenditures for the                                                  
02 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
03 deductible for the oil under AS 43.55.160(h)(4) from the gross value at                                                 
04 the point of production of the oil produced from the leases or properties                                               
05                 during the month for which the installment payment is calculated;                                       
06 (E)  for gas produced from each lease or property in the state                                                          
07 outside the Cook Inlet sedimentary basin, other than a lease or property subject                                        
08 to AS 43.55.011(o) or (p), 13 percent of the gross value at the point of                                                
09 production of the gas produced from the lease or property during the month for                                          
10            which the installment payment is calculated, but not less than zero;                                         
11 (F)  for oil subject to AS 43.55.011(k), for each lease or                                                              
12            property, the greater of                                                                                     
13                           (i)  zero; or                                                                                 
14 (ii)  35 percent multiplied by the remainder obtained by                                                                
15 subtracting 1/12 of the producer's adjusted lease expenditures for the                                                  
16 calendar year of production under AS 43.55.165 and 43.55.170 that are                                                   
17 deductible under AS 43.55.160 for the oil produced from the lease or                                                    
18 property from the gross value at the point of production of the oil                                                     
19 produced from the lease or property during the month for which the                                                      
20                 installment payment is calculated;                                                                      
21 (G)  for gas subject to AS 43.55.011(j) or (o), for each lease or                                                       
22            property, the greater of                                                                                     
23                           (i)  zero; or                                                                                 
24 (ii)  13 percent of the gross value at the point of                                                                     
25 production of the gas produced from the lease or property during the                                                    
26                 month for which the installment payment is calculated;                                                  
27 (8)  an amount calculated under (7)(C) of this subsection may not                                                       
28 exceed four percent of the gross value at the point of production of the oil and gas                                    
29 produced from leases or properties subject to AS 43.55.011(p) during the month for                                      
30       which the installment payment is calculated;                                                                      
31 (9)  for purposes of the calculation under (1)(B)(ii), (5)(B)(ii), and                                                  
01 (7)(A)(ii) of this subsection, the applicable percentage of the gross value at the point                                
02 of production is determined under AS 43.55.011(f) [AS 43.55.011(f)(1) OR (2)] but                                   
03 substituting the phrase "month for which the installment payment is calculated" in                                      
04 AS 43.55.011(f) [AS 43.55.011(f)(1) AND (2)] for the phrase "calendar year for                                      
05       which the tax is due";                                                                                            
06 (10)  an amount calculated under (7)(F) or (G) of this subsection for oil                                               
07 or gas subject to AS 43.55.011(j), (k), or (o) may not exceed the product obtained by                                   
08 carrying out the calculation set out in AS 43.55.011(j)(1) or (2) or 43.55.011(o), as                                   
09 applicable, for gas, or set out in AS 43.55.011(k) for oil, but substituting in                                         
10 AS 43.55.011(j)(1)(A) or (2)(A) or 43.55.011(o), as applicable, the amount of taxable                                   
11 gas produced during the month for the amount of taxable gas produced during the                                         
12 calendar year and substituting in AS 43.55.011(k) the amount of taxable oil produced                                    
13       during the month for the amount of taxable oil produced during the calendar year.                                 
14    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
15 read:                                                                                                                   
16 REGULATIONS. The Department of Revenue may adopt regulations under                                                      
17 AS 43.05.080 necessary to implement the changes made by this Act. The regulations take                                  
18 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the                          
19 law implemented by the regulation.                                                                                      
20    * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c).                                    
21    * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2023.