Legislature(2005 - 2006)

2006-05-22 House Journal

Full Journal pdf

2006-05-22                     House Journal                      Page 4071
HB 2001                                                                                           
HOUSE BILL NO. 2001 by the House Rules Committee by request of                                      
the Governor, entitled:                                                                             
                                                                                                    

2006-05-22                     House Journal                      Page 4072
     "An Act relating to the production tax on oil and gas and to                                   
     conservation surcharges on oil; relating to criminal penalties for                             
     violating conditions governing access to and use of confidential                               
     information relating to the production tax; providing that                                     
     provisions of AS 43.55 do not apply to certain oil and gas subject                             
     to a contract executed under the Alaska Stranded Gas                                           
     Development Act; amending the definition of 'gas' as that                                      
     definition applies in the Alaska Stranded Gas Development Act;                                 
     making conforming amendments; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
The Governor's transmittal letter dated May 22, 2006, follows:                                      
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to the oil and gas production tax.                                     
                                                                                                    
This bill is substantially similar to HCS CSSB 305(FIN) am H, which                                 
was the version of SB 305 that passed the House on May 8, 2006.                                     
Like SB 305, this bill would eliminate the economic limit factor (ELF)                              
from the determination of production tax, and would replace it with a                               
more progressive and investment-friendly tax system.                                                
                                                                                                    
This bill does make some changes to the final House version of                                      
SB 305.  Apart from editorial adjustments, those changes are as                                     
follows:                                                                                            
                                                                                                    
     1. Section 5 of the bill replaces the 21.5 percent tax rate that                               
         appeared in the final House version of SB 305 with what we                                 
         believe is the more appropriate 20 percent rate.                                           
                                                                                                    
     2. The additional "progressivity" tax based on a price index,                                  
         added by the House and contained in sec. 5 of the final House                              

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         version of SB 305, is eliminated as excessive, along with the                              
         related "high energy cost offset fund" provision.                                          
                                                                                                    
     3. The treatment of cost deductions ("lease expenditures") in sec.                             
         25 of the bill is reorganized and clarified, and the reference to                          
         industry practices and standards is limited to the better                                  
         defined and more relevant in-state practices and standards                                 
         rather than the entire United States.  The cost adjustment                                 
         provision, AS 43.55.160(e), is clarified to avoid double-                                  
         counting adjustments that are made in the calculation of lease                             
         expenditures.                                                                              
                                                                                                    
     4. Several revisions have been made in the list of items excluded                              
         from deductible costs in sec. 25 of the bill.  The term "gross                             
         negligence" is substituted for the term "negligence" in                                    
         AS 43.55.160(d)(6); "well pad" is substituted for "well" in                                
         AS 43.55.160(d)(16), and the scope of the exclusion is                                     
         clarified with respect to projects that replace, renovate, or                              
         improve facilities.  The exclusion for oil spill costs is slightly                         
            narrowed to exempt a spill confined to a gravel pad.                                   
                                                                                                    
     5. The 50,000 barrel a day phase-out provision for the sec. 170                                
         tax credit in sec. 25 of the bill is eliminated, so that all                               
         producers qualify equally for the same credit.                                             
                                                                                                    
     6. A new section is added to the bill on the relationship of the                               
         production tax statute to the Alaska Stranded Gas                                          
         Development Act.  This section affirms that the production                                 
         tax and oil conservation surcharges will not apply to oil or gas                           
         for which a producer is obligated to make payments in lieu of                              
         taxes and surcharges (including gas delivered in kind) under a                             
         stranded gas contract.                                                                     
                                                                                                    
     7. The starting date for the new production tax provisions is                                  
         changed from April 1 to July 1, 2006.                                                      
                                                                                                    
The 20 percent tax credits for qualified investments and for annual                                 
losses remain the same.  The credits could not be used to reduce a                                  
taxpayer's liability below zero.  A credit not used in a given period                               
may still either be carried forward or sold to another taxpayer who                                 

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might better be able to use it.  The transitional investment expenditure                            
provisions also are unchanged from the House-passed bill.                                           
                                                                                                    
As explained more fully in my transmittal letter accompanying the                                   
original Administration bills, this bill will greatly improve Alaska's oil                          
and gas tax system, encouraging investment in the state, making tax                                 
administration more predictable, and better reflecting the variable                                 
economics of oil and gas development.  This bill will provide                                       
Alaskans with a fairer share of the value of the oil and gas taken out of                           
the ground in our state and provide fiscal certainty for future                                     
generations of Alaskans.  I urge your prompt and favorable action on                                
the bill.                                                                                           
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"