Legislature(2005 - 2006)

2006-05-31 Senate Journal

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2006-05-31                     Senate Journal                      Page 3533
SB 2004                                                                                           
SENATE BILL NO. 2004 BY THE SENATE RULES COMMITTEE                                                  
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act relating to the Alaska Stranded Gas                                            
             Development Act, including clarifications or                                           
             provision of additional authority for the development                                  
             of stranded gas fiscal contract terms; making a                                        
             conforming amendment to the Revised Uniform                                            
             Arbitration Act; relating to municipal impact money                                    
             received under the terms of a stranded gas fiscal                                      
             contract; and providing for an effective date."                                        
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Natural                                            
        Resources                                                                                   
 Fiscal Note No. 2, zero, Department of Revenue                                                     
                                                                                                    
Governor's transmittal letter dated May 31:                                                         
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    

2006-05-31                     Senate Journal                      Page 3534
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a billamending the Alaska Stranded Gas Development                                     
Act (AS 43.82) (SGDA) to clarify or provide additional authority for                                
the development of stranded gas fiscal contract terms.                                              
                                                                                                    
When the SGDA was originally passed in 1998, the Legislature had in                                 
mind a very different kind of state involvement than is presently                                   
written into the proposed fiscal contract now under preliminary review                              
by the Legislature.  The original intent was to authorize the                                       
development of a contract that could reduce the tax burdens on a                                    
project.  Under the proposed fiscal contract, the state would become a                              
part owner of a large-diameter gas pipeline with a design capacity to                               
transport approximately 4 billion cubic feet per day of stranded gas                                
from the Alaska North Slope to markets in Canada and the Lower 48                                   
states.  The proposed fiscal contract would create obligations to make                              
payments in lieu of taxes that are roughly equivalent to the taxes in                               
effect for the 2005 tax period.                                                                     
                                                                                                    
After analysis of the economics of the project, it was determined by                                
the state that the best method for inducing the sponsor group to                                    
proceed with development was for the state to agree to take an                                      
ownership interest and to agree to assume financial responsibility for                              
shipping its gas through the pipeline.  It was also considered important                            
that each owner's interest in the project should correspond to the                                  
amount of the owner's gas that would be shipped through the pipeline.                               
By taking payment of certain tax obligations in gas rather than money,                              
the state could establish an ownership interest of approximately 20                                 
percent.  These key terms would increase the potential profitability of                             
the project in a way that would not require the state to materially                                 
reduce public revenue in the future.                                                                
                                                                                                    
The legislative history of the SGDA was clear that the original intent                              
was to provide fiscal certainty only on gas taxes.  The sponsor group                               
made a compelling argument that fiscal certainty must extend to taxes                               
on oil as well as on gas.  The production of oil goes hand in hand with                             
the production of gas.  Because of this connection, any fiscal                                      
constraints placed on the exploration or development for oil also have                              
a direct effect on the exploration and development of gas.  For this and                            
other reasons, it was agreed that fiscal certainty should be extended to                            
taxes applicable to oil production.                                                                 

2006-05-31                     Senate Journal                      Page 3535
The amendments proposed in this bill are intended to provide express                                
authority in the SGDA for the terms in the proposed fiscal contract.                                
To accomplish this intent, the bill would broaden the scope of the                                  
purposes of the SGDA to include fiscal terms relating to oil as well as                             
to gas.  The fiscal terms would also extend to a related party, which                               
may include the mainline entity formed to own and operate the gas                                   
pipeline and related facilities.                                                                    
                                                                                                    
The bill would broaden the scope of subjects that may be negotiated                                 
under the SGDA.  These new subjects include equity ownership,                                       
payment of obligations in gas rather than money, and changes in                                     
existing leases and other agreements with the state regarding oil and                               
gas properties.                                                                                     
                                                                                                    
The bill would expand the types of terms that may be included in a                                  
contract.  This is accomplished by a provision that would give the                                  
commissioner of the Department of Revenue broad discretion to adopt                                 
terms that are reasonable and promote the purposes of the SGDA.                                     
Terms are also appropriate if they are consistent with the long-term                                
fiscal interests of the state.  The authority granted would cover terms                             
in the fiscal contract now under review by the Legislature and the                                  
public.  These terms include "netting-out" provisions, payment of                                   
interest on obligations, ability to provide fiscal terms to others,                                 
confidentiality of payment-in-lieu records, state acquisition of pipeline                           
capacity, indemnity given by the state, exemption from a reserves or                                
resource tax, Regulatory Commission of Alaska jurisdiction, audits,                                 
and limits on damages.                                                                              
                                                                                                    
The bill would expand the scope of authority to adopt contract terms                                
that modify existing law set out in AS 38 concerning oil and gas                                    
property.  Under existing law, authority extends only to timing and                                 
notice requirements applicable to royalties. The bill includes                                      
provisions to allow broader powers to adopt terms resolving conflicts                               
between the terms of the contract and provisions in existing oil and gas                            
leases and unit agreements.  Under the bill, the terms of the contract                              
prevail over contrary provisions in state leases or unit agreements.                                
                                                                                                    
The bill would place a limit of 45 years on the expected term of the                                
contract from the effective date.  It is expected that it will take                                 
approximately 10 years from the effective date to achieve                                           

2006-05-31                     Senate Journal                      Page 3536
commencement of commercial operations.  Existing law provides that                                  
the term is 35 years from the commencement of commercial                                            
operations.  The bill also authorizes the contract to provide for a                                 
suspension of the running of the term during periods of force majeure.                              
                                                                                                    
The bill would provide interim authority for the commissioner of the                                
Department of Revenue to negotiate collateral agreements to form                                    
limited liability companies, limited liability partnerships, or any other                           
recognized form of business association that would own or operate any                               
part of the project.                                                                                
                                                                                                    
The bill would create an account in the general fund to receive                                     
municipal impact payments from the sponsor group and also a fund                                    
into which the money will be subsequently appropriated by the                                       
Legislature.  Once in the fund, the money will be available for grants                              
to economically affected municipalities and certain nonprofit                                       
organizations serving the unorganized borough; the grants would be                                  
administered by the Department of Commerce, Community, and                                          
Economic Development.                                                                               
                                                                                                    
I urge your prompt and favorable consideration of this bill.                                        
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor