Legislature(2023 - 2024)SENATE FINANCE 532

05/08/2024 09:00 AM Senate FINANCE

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Audio Topic
09:30:30 AM Start
09:31:29 AM HB50
10:38:19 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 19 REGISTRATION OF BOATS: EXEMPTION TELECONFERENCED
Scheduled but Not Heard
-- Testimony <Invitation Only> --
*+ HB 144 REPEAL EDUCATION TAX CREDITS SUNSET TELECONFERENCED
Scheduled but Not Heard
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 50 CARBON STORAGE TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
<Time Limit May Be Set>
+ HB 81 VEHICLES/BOATS: TRANSFER ON DEATH TITLE TELECONFERENCED
Scheduled but Not Heard
-- Testimony <Invitation Only> --
+= HB 126 ASSOCIATE AND PROFESSIONAL COUNSELORS TELECONFERENCED
Scheduled but Not Heard
CS FOR HOUSE BILL NO. 50(FIN)                                                                                                 
                                                                                                                                
     "An  Act  relating to  carbon  storage  on state  land;                                                                    
     relating to  the powers  and duties  of the  Alaska Oil                                                                    
     and  Gas Conservation  Commission;  relating to  carbon                                                                    
     storage  exploration   licenses;  relating   to  carbon                                                                    
     storage  leases; relating  to  carbon storage  operator                                                                    
     permits;  relating to  enhanced  oil  or gas  recovery;                                                                    
     relating  to long-term  monitoring  and maintenance  of                                                                    
     storage   facilities;   relating    to   carbon   oxide                                                                    
     sequestration tax  credits; relating  to the  duties of                                                                    
     the  Department  of   Natural  Resources;  relating  to                                                                    
     carbon   dioxide  pipelines;   and  providing   for  an                                                                    
     effective date."                                                                                                           
                                                                                                                                
9:31:29 AM                                                                                                                    
                                                                                                                                
Co-Chair Olson discussed housekeeping.                                                                                          
                                                                                                                                
9:31:52 AM                                                                                                                    
                                                                                                                                
JOHN  CROWTHER, DEPUTY  COMMISSIONER, DEPARTMENT  OF NATURAL                                                                    
RESOURCES, continued  to address  the presentation  from the                                                                    
previous day  entitled "HB  50 Carbon  Capture, Utilization,                                                                    
and Storage" (copy on file).                                                                                                    
                                                                                                                                
Mr. Crowther addressed slide 14, "HB 50 Commercial Terms":                                                                      
                                                                                                                                
     Commercial Minimums  AS 38.05.705 (sec. 17)                                                                              
          • Minimum rental rate of $20 per acre                                                                                 
          •  Minimum injection  charge of  $2.50 per  ton of                                                                    
          carbon dioxide                                                                                                        
     CSHB 50 SRES                                                                                                             
          •  AS  38.05.715(c)  enables the  commissioner  to                                                                    
          evaluate economic feasibility of  the terms at the                                                                    
          time  of  lease  conversion  and  set  alternative                                                                    
          terms, if necessary, in a best interest finding.                                                                      
     Flexibility in Commercial Terms improves the State's                                                                     
     ability to maximize the resource:                                                                                        
          • The value of pore space is highly dependent on:                                                                     
               • Geotechnical factors: depth, porosity,                                                                         
               permeability, seal, under burden, faults,                                                                        
               geochemistry, total dissolved solids, etc.                                                                       
               • Non-technical factors: source of CO2,                                                                          
               transportation    distance,   proximity    to                                                                    
               infrastructure, complexity of land ownership                                                                     
          • DNR is adept at  evaluating the State's interest                                                                    
         to account for other non-monetary factors                                                                              
                                                                                                                                
9:33:35 AM                                                                                                                    
                                                                                                                                
Mr.  Crowther  addressed  slide   15,  "Peer  State  Leasing                                                                    
Terms."  The  slide showed  a  table  with information  from                                                                    
other   state's  provisions   related   to  carbon   capture                                                                    
projects.                                                                                                                       
                                                                                                                                
9:34:28 AM                                                                                                                    
                                                                                                                                
Mr. Crowther displayed slide 16, "Addressed In Other                                                                            
Committees":                                                                                                                    
                                                                                                                                
     • EPA Class VI amendments (sec. 34):                                                                                     
          •  Certificate   of  completion   50-year  default                                                                    
          period  AS 41.06.170                                                                                                  
          •  Removal   of  "good   cause"  exemption      AS                                                                    
          41.06.110                                                                                                             
          •  Title to  carbon  dioxide to  pore space  owner                                                                    
          unless contrary agreement  AS 41.06.165                                                                               
          •  Carbon  storage facility  injection  surcharge:                                                                    
          annual surcharge to  project specific $7.5 million                                                                    
          account  AS 41.06.175                                                                                                 
          •    Long-term    monitoring   and    maintenance:                                                                    
          authorizing  DNR  to   enter  and  inspect  closed                                                                    
          storage   facilities  and   perform  discretionary                                                                    
          activities  beyond regulatory  responsibilities of                                                                    
          Class VI well permit.  AS 41.06.305                                                                                   
     •  Dismantlement,  removal,  and  restoration  (DRandR)                                                                  
     (sec. 17):                                                                                                                 
          • Modified AS 38.05.720 to account for DRandR                                                                         
          obligations of an enhanced oil recovery reservoir                                                                     
          transitioning to a carbon storage lease                                                                               
          • Added AS 38.05.750 to direct DRandR on closed                                                                       
          licenses and leases                                                                                                   
     •  Carbon dioxide  pipelines: Amended  AS 46.03.020  to                                                                  
     add CO2 pipelines to the  regulatory authority given to                                                                    
     the Alaska                                                                                                                 
    Department of Environmental Conservation (sec. 55)                                                                          
     • Evaluate  gas storage proposals: Directs  DNR to call                                                                  
     for  proposals for  gas  storage  when noticing  carbon                                                                    
     storage application                                                                                                        
            AS 38.05.710 (sec. 17)                                                                                              
     • 45Q  tax credits:  new section to  exempt the  use of                                                                  
     45Q  tax credits  against  state  corporate tax  income                                                                    
     liability (sec. 49)                                                                                                        
                                                                                                                                
Mr.  Crowther  noted  that the  bill  before  the  committee                                                                    
addressed the  suite of regulatory provisions  needed by the                                                                    
department.  The department  strongly supported  the current                                                                    
version of the legislation.                                                                                                     
                                                                                                                                
9:36:33 AM                                                                                                                    
                                                                                                                                
Mr. Crowther addressed slide 17, "HB 50 Components":                                                                            
                                                                                                                                
     Carbon   Capture,  Utilization,   and  Storage   (CCUS)                                                                  
     (sections 134; 3740; 4950; 5557; 61)                                                                                     
          • DNR carbon storage leasing framework (sec. 17                                                                       
          pore space, secs. 1824 pipelines)                                                                                     
          • AOGCC Class VI regulatory framework (sec. 34)                                                                       
          • Decouple Alaska Corporate Income Tax from 45Q                                                                       
          (sec. 49)                                                                                                             
          • CO2 EOR and lease expenditures (sec. 50)                                                                            
     Other Issues                                                                                                             
     • Cook Inlet seismic data (secs. 3536)                                                                                     
          • Department of Natural Resources, Division of                                                                        
          Geological and Geophysical Surveys                                                                                    
          • Language from HB 257                                                                                                
     • Gas  storage facilities  regulation (secs.  4147  and                                                                    
     56)                                                                                                                        
          • Regulatory Commission of Alaska (RCA)                                                                               
          • Language from SB 220 and HB 394                                                                                     
     • Corporate income tax on  oil and gas companies (secs.                                                                    
     48, 58-59, 63)                                                                                                             
          • Department of Revenue                                                                                               
          • Language from SB 114                                                                                                
     • Cook Inlet reserve-based lending (secs. 5154)                                                                            
          • Alaska Industrial Development and Export                                                                            
          Authority (AIDEA)                                                                                                     
          • Concepts from HB 388                                                                                                
                                                                                                                                
9:38:08 AM                                                                                                                    
                                                                                                                                
NICHOLAS FULFORD,  SENIOR DIRECTOR,  GAFFNEYCLINE, discussed                                                                    
a  presentation   entitled  "HB   50  Economic   and  Fiscal                                                                    
Features," (copy on file).                                                                                                      
                                                                                                                                
Mr.  Fulford  offered  introductory comments  and  explained                                                                    
that   he   had  been   working   on   carbon  capture   and                                                                    
sequestration  projects around  the  world over  the last  5                                                                    
years.  His particular  interest was  in the  commercial and                                                                    
contractual   features  of   projects  and   investment.  He                                                                    
explained that the EPA monitored  emissions very closely and                                                                    
produced a comprehensive database of emissions.                                                                                 
                                                                                                                                
9:39:32 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:40:50 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Mr.  Fulford  showed  slide  2,  "Scale -  How  big  is  the                                                                    
opportunity?":                                                                                                                  
                                                                                                                                
   • Total State CO2 emissions amount to 14.3 MTPA                                                                              
   •  Of that, the vast majority(62%) arises from Prudhoe                                                                       
     Bay / North Slope operations                                                                                               
   •  A 2 MTPA plant would reduce total state emissions by                                                                      
     14%                                                                                                                        
   •  It would reduce the carbon intensity of Prudhoe Bay                                                                       
     oil by 140 kg CO2e/barrel                                                                                                  
   •  Federal 45Q tax credits would amount to up to $170                                                                        
     million per annum                                                                                                          
                                                                                                                                
Mr.  Fulford   observed  that  the  pie   chart  showed  the                                                                    
breakdown of Alaska GHG emissions.                                                                                              
                                                                                                                                
Mr.  Fulford relayed  that over  the next  three slides,  he                                                                    
would  paint a  picture of  what a  hypothetical case  would                                                                    
look  like,   broken  down   by  carbon   capture  elements,                                                                    
transportation,  and  storage.  He urged  the  committee  to                                                                    
consider that  for any  of the schemes  to work  the numbers                                                                    
had  to  reach  the  economic limit  presented  by  the  45Q                                                                    
credits, or $85 per ton.                                                                                                        
                                                                                                                                
9:44:43 AM                                                                                                                    
                                                                                                                                
Mr. Fulford  stated that  to bring the  number down  to what                                                                    
would  be  a  commercial  investment  case  some  aggressive                                                                    
assumptions had been included in the hypothesis.                                                                                
                                                                                                                                
9:45:33 AM                                                                                                                    
                                                                                                                                
Mr. Fulford  showed slide  3, "Capture  Financials    2 MTPA                                                                    
hypothetical case,"  which showed a graph  entitled "Capture                                                                    
Cash  Flows,"  and  a  table   depicting  capture  cost.  He                                                                    
directed attention to the financial  inflows and outflows on                                                                    
the  graph. He  said that  the effective  income that  would                                                                    
need to  be gained  to justify the  $500 million  of capital                                                                    
expenditure required would be $60 per ton.                                                                                      
                                                                                                                                
Mr. Fulford pointed out the  feature of the capture element,                                                                    
and  how it  would apply  to different  facilities. He  said                                                                    
that  the key  question would  be the  ability to  install a                                                                    
capture plant within the economic parameters.                                                                                   
                                                                                                                                
9:47:43 AM                                                                                                                    
                                                                                                                                
Senator   Bishop   asked   about  the   baseline   for   the                                                                    
hypothetical scenario on the slide.                                                                                             
                                                                                                                                
Mr.  Fulford shared  that the  financial features  reflected                                                                    
what  one might  find in  a  capture plant  in Louisiana  or                                                                    
Texas. He  continued that investors  might be looking  for a                                                                    
more aggressive return on investment.   He thought the slide                                                                    
was  reflective  of  projects   that  were  currently  being                                                                    
invested in but with less generous returns.                                                                                     
                                                                                                                                
Senator Bishop  asked whether the  slide reflected  a direct                                                                    
air  capture  point  source  or an  air  capture.  He  asked                                                                    
whether the numbers reflected $130-ton 45Q credit.                                                                              
                                                                                                                                
Mr.  Fulford replied  that direct  air capture  would be  an                                                                    
order of magnitude higher cost than reflected on the slide.                                                                     
                                                                                                                                
Senator Bishop  understood that the slide  reflected a point                                                                    
source.                                                                                                                         
Mr.   Fulford  relayed   that  the   scenario  involved   an                                                                    
amalgamation  of gas  turbines, compressive  facilities, and                                                                    
things  that   lent  themselves   to  an   economic  capture                                                                    
mechanism.  He  used  the  example of  one  of  the  biggest                                                                    
refineries  in Texas,  which had  3 or  4 major  CO2 sources                                                                    
that  lent themselves  to capture.  He said  looking at  the                                                                    
North Slope  emissions it could  be assumed  that two-thirds                                                                    
of the emission would not be feasibly capturable.                                                                               
                                                                                                                                
9:50:35 AM                                                                                                                    
                                                                                                                                
Mr. Fulford addressed slide  4, "Transportation Financials                                                                      
2 MTPA  hypothetical case," which showed  the previous slide                                                                    
but addressed transport  cash flows. He said  that to create                                                                    
an economic business case he  had assumed shorter distances.                                                                    
He noted that  most of the tariff would arise  from OPEX and                                                                    
compression.    He noted  that  the  slide, along  with  the                                                                    
subsequent slide,  represented more  predictable financials,                                                                    
akin  to the  construction of  a reasonably  substantial gas                                                                    
pipeline.                                                                                                                       
                                                                                                                                
9:51:58 AM                                                                                                                    
                                                                                                                                
Mr. Fulford turned to slide  5, "Storage Financials   2 MTPA                                                                    
hypothetical  case," which  showed a  graph of  storage cash                                                                    
flows  and a  table depicting  storage cost.  He noted  that                                                                    
there  was  an  error  on  the slide  and  would  provide  a                                                                    
corrected slide  for the record. The  corrected number would                                                                    
reflect a tariff  of $5 per ton of CO2.  He relayed that the                                                                    
drilling  of injection  wells, monitoring  wells, and  other                                                                    
infrastructure  would be  included. He  said that  carefully                                                                    
measuring the stored  CO2 would be critical.  He stated that                                                                    
the unintuitive  cashflows involved CO2 being  injected into                                                                    
a particular strata,  which would be filled  up and plugged.                                                                    
He said  that additional  CAPEX would  be necessary  and was                                                                    
reflected on the slide.                                                                                                         
                                                                                                                                
Mr.  Fulford  explained  that  the  three  slides  with  the                                                                    
hypothetical cases  added together reflected what  a project                                                                    
on the North Slope might generate.                                                                                              
                                                                                                                                
9:54:33 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  wondered if  a state  fee for  the storage                                                                    
could  be negated  by tax  credits offered  to industry.  He                                                                    
cited previous  conversation concerning carbon that  had not                                                                    
reflected a financial benefit to the state.                                                                                     
Mr. Fulford thought  that the question involved  a series of                                                                    
policy  and  taxation  issues.   He  noted  that  later  the                                                                    
presentation would include  some hypothetical scenarios that                                                                    
could be  helpful. He  stressed that  mitigation of  CO2 was                                                                    
becoming  increasingly important.  He discussed  the feature                                                                    
of  increased   tendency  for   carbon  contents   from  oil                                                                    
production  to  be  factored  into  the  price  of  oil.  He                                                                    
mentioned  the increase  in the  carbon intensive  nature of                                                                    
production.  He believed that  the question was twofold; the                                                                    
direct  impact of  incurred storage  fees,  and the  broader                                                                    
strategic benefits that might  arise from indirect features.                                                                    
He  said  that  now  that  the  45Q  tax  consequences  were                                                                    
isolated  from  state  corporate income  tax,  the  revenues                                                                    
should  generate  additional  tax  revenue to  the  state                                                                       
provided the $85 limit could be exceeded.                                                                                       
                                                                                                                                
9:59:03 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   stressed  the  importance   that  carbon                                                                    
capture  policy  be  crafted carefully  and  with  financial                                                                    
benefit to the state.                                                                                                           
                                                                                                                                
9:59:46 AM                                                                                                                    
                                                                                                                                
Mr.   Fulford   referenced   slide   6,   "Where   are   the                                                                    
opportunities for State revenue":                                                                                               
                                                                                                                                
     • For Carbon Capture, transportation and storage                                                                           
          • Property tax                                                                                                        
          • Corporate income tax                                                                                                
          • Storage fee revenue (per acre / per tonne)                                                                          
     • For EOR where feasible                                                                                                   
          • Increased production tax and royalty                                                                                
     • Longer term                                                                                                              
          • Premium pricing (or avoided discount) by                                                                            
          reducing carbon intensity of North Slope oil and                                                                      
          gas                                                                                                                   
          • Downward influence on cost of capital for oil /                                                                     
          gas investment in Alaska                                                                                              
                                                                                                                                
Mr. Fulford relayed  that the slide summarized  much of what                                                                    
had already been discussed.                                                                                                     
                                                                                                                                
10:01:59 AM                                                                                                                   
Co-Chair  Stedman  wanted  more  detail  in  differentiating                                                                    
between storage  for a fee  versus enhanced oil  recovery on                                                                    
the  North Slope.  He  considered Cook  Inlet  as a  storage                                                                    
basin  and cautioned  that positive  cashflow  to the  state                                                                    
could be offset by tax credits to industry.                                                                                     
                                                                                                                                
Mr. Fulford thought the concept  of large-scale imports from                                                                    
other  countries  could  be an  investment  opportunity  for                                                                    
Alaska  that  did not  exist  anywhere  else in  the  Unites                                                                    
States. He  said that Alaska  would be competing  with other                                                                    
potential  takers  for  imported   CO2.  He  said  that  the                                                                    
contractual features  around long-term liabilities  would be                                                                    
key  in insuring  that the  state carried  no liability  and                                                                    
would  require   a  dialogue  between  the   state  and  the                                                                    
exporting government. He concluded that  there was a host of                                                                    
features   that   would   apply  to   a   scheme   involving                                                                    
international import  and appreciated  the caution  taken by                                                                    
the committee.                                                                                                                  
                                                                                                                                
10:05:27 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  wondered whether Mr. Fulford  could assist                                                                    
with  information about  what  other  countries charged  for                                                                    
storage. He  asserted that  his was a  very new  concept for                                                                    
the  state. He  contended  that Alaska  was  able to  market                                                                    
storage space at a significant price.                                                                                           
                                                                                                                                
Mr.  Fulford agreed  that cook  Inlet held  potentially high                                                                    
value  in global  terms. He  relayed that  he could  do some                                                                    
modeling for  the state that  set out  a cost base  for each                                                                    
part of  the chain in  the supply environment. He  said that                                                                    
the order  of magnitude  transoceanic transport of  CO2 from                                                                    
Asia to  Alaska would  be $50 per  ton, a  ten-fold increase                                                                    
from moving the  CO2 a few miles. He  considered the capture                                                                    
side  of  the  scenario  and   said  that  the  reason  that                                                                    
countries  like Japan  were interested  in  CO2 capture  and                                                                    
export was  because they had  a huge  array of coal  and gas                                                                    
fired  power generation,  which  were assets  that had  many                                                                    
decades of life. He said  that the implications of having to                                                                    
decommission the  plants and replace  them with low  or zero                                                                    
carbon generation provided a strong  economic driver to find                                                                    
ways to export CO2.                                                                                                             
                                                                                                                                
10:08:29 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  recognized that other states  have similar                                                                    
potential. He  noted that  Cook Inlet  was a  tidewater area                                                                    
and  thought it  was difficult  to compare  to other  states                                                                    
when determining storage price.                                                                                                 
                                                                                                                                
Mr.  Fulford commented  that  while there  was  a flurry  of                                                                    
investments  in  places such  as  Louisiana  and Texas,  the                                                                    
design in  those places  was not  comparable to  the longer-                                                                    
term import model unique to Alaska.                                                                                             
                                                                                                                                
10:10:39 AM                                                                                                                   
                                                                                                                                
Mr. Fulford addressed slide  7, "Geological Sequestration vs                                                                    
EOR":                                                                                                                           
                                                                                                                                
     •   Some  states   have  assessed   that  CO2   capture                                                                    
     incentives  are too  heavily skewed  towards geological                                                                    
     sequestration                                                                                                              
     •  Risk  to upside  state  revenues  from oil  and  gas                                                                    
     royalty and taxes                                                                                                          
     • Wyoming  recently enacted  a $10/tonne  incentive for                                                                    
     EOR to supplement 45Q                                                                                                      
     • Many states have EOR tax incentives that predate 45Q                                                                     
                                                                                                                                
Mr.  Fulford noted  that the  right-hand side  of the  slide                                                                    
showed a  table with  a high-level comparison  of geological                                                                    
sequestration versus  capture, versus Enhanced  Oil Recovery                                                                    
(EOR).                                                                                                                          
                                                                                                                                
10:13:21 AM                                                                                                                   
                                                                                                                                
Mr.  Fulford spoke  to slide  8,  "Commercial Structure  and                                                                    
Accounting Treatment":                                                                                                          
                                                                                                                                
     • Carbon  capture projects are typically  structured as                                                                    
     a Special Purpose Vehicle (SPV)                                                                                            
     • Optimisation  of tax credit  value is  often achieved                                                                    
     through  a "partnership  flip"  tax equity  transaction                                                                    
     with an investor(s)                                                                                                        
     •  Projects  can  be  structured  to  receive  enhanced                                                                    
     depreciation treatment  from IRS  (Modified Accelerated                                                                    
     Cost  Recovery  System,  or  MACRS)  with  depreciation                                                                    
     occurring over 7 years.                                                                                                    
     •  Capture  associated  with   EOR  is  often  achieved                                                                    
     through an arms length sale of CO2                                                                                         
     • Blend  of EOR and geological  sequestration possible,                                                                    
     with 45Q allocations according to CO2 flows                                                                                
                                                                                                                                
Mr. Fulford discussed  the yearly federal tax  credits for a                                                                    
project on the scale of the proposed project.                                                                                   
                                                                                                                                
10:14:57 AM                                                                                                                   
Mr.  Fulford  discussed  slide 9,  "Other  likely  financial                                                                    
outcomes for the  State of Alaska - Carbon  Intensity of oil                                                                    
- CBAM":                                                                                                                        
                                                                                                                                
     •  Differential  oil  blend  pricing  based  on  carbon                                                                    
     intensity is emerging,  and is likely to  be applied in                                                                    
     at least  some jurisdictions in the  US (eg California,                                                                    
     Washington state)                                                                                                          
     •   CBAM   or   Carbon  Border   Adjustment   Mechanism                                                                    
     introduced in 2023                                                                                                         
          • From 2026 European  importers will have to start                                                                    
          paying for  the carbon content of  imported goods,                                                                    
          will be fully implemented by 2034                                                                                     
          •   Alaskan   oil  could   be   disproportionately                                                                    
         impacted due to its high carbon intensity                                                                              
     •  A  2  MTPA  capture   project  would  reduce  carbon                                                                    
     intensity by about 140kg per barrel.                                                                                       
          • At  a price fully  reflective of EU  ETS current                                                                    
          trading  levels  of   85  Euro/tonne,  this  could                                                                    
          result  in  around  $90m per  annum  in  increased                                                                    
          production  tax and  royalty  (or  avoidance of  a                                                                    
          price penalty)                                                                                                        
                                                                                                                                
Mr. Fulford detailed the slide.                                                                                                 
                                                                                                                                
10:16:37 AM                                                                                                                   
                                                                                                                                
Senator Bishop  noted that the  legislation could  be viewed                                                                    
as an incentive for future  oil production. He asked whether                                                                    
it was true that there could  be incentives in a premium for                                                                    
oil sales, depending on the client.                                                                                             
                                                                                                                                
Mr.  Fulford replied  that an  investment in  carbon capture                                                                    
could enhance  the value  of Alaskan  oil; by  not investing                                                                    
the value could evolve at a discount.                                                                                           
                                                                                                                                
10:17:49 AM                                                                                                                   
                                                                                                                                
Mr.  Fulford displayed  slide  10,  "Other likely  financial                                                                    
outcomes for the State of Alaska - Cost of Capital":                                                                            
                                                                                                                                
     •  Attracting capital  for oil  and  gas investment  is                                                                    
     becoming increasingly challenging                                                                                          
     • Especially  so given Alaska's high  carbon intensity,                                                                    
     and environmental vulnerability                                                                                            
     •  For every  $1bn  invested, a  saving  of $6  million                                                                    
     results for each  10 mils on cost of  debt (60% project                                                                    
     finances)                                                                                                                  
                                                                                                                                
Mr. Fulford concluded his remarks.                                                                                              
                                                                                                                                
10:18:52 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman thanked Mr. Fulford for the presentation                                                                       
and coming to committee on such short notice.                                                                                   
                                                                                                                                
10:19:30 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:20:35 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Olson explained that the committee would consider                                                                      
a Committee Substitute (CS).                                                                                                    
                                                                                                                                
Co-Chair Hoffman MOVED to ADOPT proposed committee                                                                              
substitute for CSSB 50(FIN), Work Draft 33-GH1567\N                                                                             
(Dunmire, 5/7/24).                                                                                                              
                                                                                                                                
Co-Chair Olson OBJECTED for discussion.                                                                                         
                                                                                                                                
10:21:25 AM                                                                                                                   
                                                                                                                                
KEN ALPER, STAFF TO CO-CHAIR OLSON, spoke to the Summary of                                                                     
Changes, version P to N:                                                                                                        
                                                                                                                                
     Change #1 Removed sections  related to making available                                                                  
     certain  seismic  survey  and geophysical  data.  These                                                                    
     were sections 35-36 of the Senate Resources version.                                                                       
                                                                                                                                
     Change #2  Removed sections  related to  regulating gas                                                                  
     storage facilities.  These were  sections 41-47  and 56                                                                    
     of the Senate Resources version.                                                                                           
                                                                                                                                
     Change  #3  Removed  sections related  to  taxation  on                                                                  
     income attributable  to a qualified entity.  These were                                                                    
     sections 48,  58-59, and 62-64 of  the Senate Resources                                                                    
     version.                                                                                                                   
                                                                                                                                
     Change #4 Removed sections  related to a reserves-based                                                                  
     lending  program at  the Alaska  Industrial Development                                                                    
     and Export Authority. These were sections 51-54 of the                                                                     
     Senate Resources version.                                                                                                  
                                                                                                                                
Mr.  Alper  relayed that  the  changes  reflected no  policy                                                                    
changes  to the  original legislation  but removed  language                                                                    
inserted in previous committees.                                                                                                
                                                                                                                                
10:23:22 AM                                                                                                                   
                                                                                                                                
Senator Kiehl asked about Change  #3, and whether it removed                                                                    
language pertaining to S-Corporations.                                                                                          
                                                                                                                                
Mr. Alper answered affirmatively.                                                                                               
                                                                                                                                
Senator  Kiehl  thought  the  change  was  significant  when                                                                    
compared  to  the  bill  drafted  by  the  Senate  resources                                                                    
Committee.   He  considered   that  removing   the  language                                                                    
maintained the  massive  tax advantage  given to only one of                                                                    
the three  producers on  the North  Slope. He  believed that                                                                    
the issue still needed to be addressed.                                                                                         
                                                                                                                                
Co-Chair  Olson  WITHDREW  his  objection.  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
10:24:46 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  reiterated that  the legislation  had been                                                                    
paired down,  in the interest  of time, to deal  mainly with                                                                    
the issue  of carbon  storage. He said  that the  items that                                                                    
had been removed could be considered later in another bill.                                                                     
                                                                                                                                
10:25:38 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  agreed with Senator Kiehl,  but considered                                                                    
that  given   the  timeline,   the  legislation   should  be                                                                    
considered with the changes intact.                                                                                             
                                                                                                                                
10:26:36 AM                                                                                                                   
                                                                                                                                
CHRISTY   RESLER,    PRESIDENT,   ARCTIC    SLOPE   REGIONAL                                                                    
CORPORATION ENERGY SERVICES  (via teleconference), read from                                                                    
a prepared statement:                                                                                                           
                                                                                                                                
      Good [morning/afternoon] Co-Chair  Olson and honorable                                                                    
     members  of  the  Senate  Finance  Committee,  for  the                                                                    
     record  my  name  is  Christine Resler  and  I  am  the                                                                    
     President  and CEO  of ASRC  Energy Services,  a wholly                                                                    
     owned subsidiary of Arctic Slope Regional Corporation.                                                                     
                                                                                                                                
     Arctic Slope  Regional Corporation is an  Alaska Native                                                                    
     Corporation, established pursuant  to the Alaska Native                                                                    
     Claims Settlement  Act with a  dual mission  to support                                                                    
     the  economic, social  and cultural  well-being of  its                                                                    
     nearly 14,000 Inupiat shareholders.                                                                                        
                                                                                                                                
     With more  than 40  years of experience  serving Alaska                                                                    
     and working in  the Arctic, AES is  the state's largest                                                                    
     oil services provider with  over 2,300 Alaska full-time                                                                    
     and seasonal employees.                                                                                                    
                                                                                                                                
     We are seeing firsthand  the growing interest in Alaska                                                                    
     as a place  to pursue carbon management.  Passage of SB
     48  last  year and  allowing  the  state to  start  the                                                                    
     process  of pursuing  primacy for  class  VI wells  has                                                                    
    started to attract interest from across the globe.                                                                          
                                                                                                                                
     But without action  now to pass both the  DNR and AOGCC                                                                    
     authorities   included  in   HB50,  Alaska   will  lose                                                                    
     momentum  and we  will see  the interest  and expertise                                                                    
     currently  focused  on Alaska  go  to  states that  are                                                                    
     taking  the  steps to  put  in  place their  regulatory                                                                    
     frameworks.                                                                                                                
                                                                                                                                
     It is our goal at AES  to be a center of innovation for                                                                    
     Alaska and  to lead  in the development  and deployment                                                                    
     of technologies that will ensure  Alaska remains at the                                                                    
     forefront of  responsible resource development  for the                                                                    
     benefit of all Alaskans.                                                                                                   
                                                                                                                                
     By  establishing  a  regulatory  framework  for  carbon                                                                    
     storage  on  state lands,  HB  50  is crucial  to  that                                                                    
     future.                                                                                                                    
                                                                                                                                
     For  over 40  years,  we have  helped companies  manage                                                                    
     every part  of the  upstream and  midstream development                                                                    
     of oil and gas in Alaska.                                                                                                  
                                                                                                                                
     Systems for managing the  associated water, natural gas                                                                    
     and other  hydrocarbons are integral to  producing each                                                                    
     and every barrel of oil.                                                                                                   
                                                                                                                                
     As  fields have  evolved on  the North  Slope, we  have                                                                    
     treated  seawater to  enhance  oil recovery,  developed                                                                    
     miscible  injectant from  other hydrocarbons  and    as                                                                    
     part  of  Alaska's regulatory  environment,  reinjected                                                                    
     immense amounts of natural gas.                                                                                            
                                                                                                                                
10:29:54 AM                                                                                                                   
                                                                                                                                
Ms. Resler continued her testimony:                                                                                             
                                                                                                                                
     However,  it is  important to  remember that  we are  a                                                                    
     long  way off  from  carbon management  being a  viable                                                                    
     business,  much less  a major  part  of the  investment                                                                    
     being deployed on the slope.                                                                                               
                                                                                                                                
     AES  is  currently  partnered with  Santos  and  Repsol                                                                    
     pursuing  federal  support through  the  Infrastructure                                                                    
     Law  to explore  the  possibility  of capturing  carbon                                                                    
     from point sources    like gas turbines    on the North                                                                    
     Slope.                                                                                                                     
                                                                                                                                
     While  we   are  in  the  early   stages  of  exploring                                                                    
     technologies   and  designs,   having  the   regulatory                                                                    
     framework   HB  50   would   establish  is   absolutely                                                                    
     essential to our efforts for two reasons.                                                                                  
                                                                                                                                
     First, injecting  carbon for  storage requires  a class                                                                    
     VI  well and  the state  is currently  pursuing primacy                                                                    
     thanks to the legislature's actions last year.                                                                             
                                                                                                                                
     We understand  that HB 50 includes  specific changes to                                                                    
     state law based on guidance from the EPA.                                                                                  
                                                                                                                                
     Second,   without   the   regulatory   and   commercial                                                                    
     framework for  state pore-space we  cannot do  even the                                                                    
     basic   technical,   economic  and   engineering   work                                                                    
     required  to even  advance  the  technology because  we                                                                    
     don't know what rules we are designing for.                                                                                
                                                                                                                                
     We  are  deeply  concerned  to  see  a  straightforward                                                                    
     establishment  of  a   basic  regulatory  framework  to                                                                    
     enable companies  like AES to  begin exploring  what is                                                                    
     required  for carbon  management become  a vehicle  for                                                                    
     tax and  other controversial policies  with potentially                                                                    
     unintended consequences.                                                                                                   
                                                                                                                                
     Mr. Chairman,  members of the  committee, I want  to be                                                                    
     clear that I am not  a tax expert or specifically well-                                                                    
     versed in our state's lease expenditure systems.                                                                           
     At a high level I  understand some of the concerns that                                                                    
     have been expressed.                                                                                                       
                                                                                                                                
     But as  one of the  people working to  actually explore                                                                    
     whether  carbon is  a viable  business and  support our                                                                    
     efforts as  Alaskans to always  be on the  forefront of                                                                    
     responsible development,  I want to assure  you that we                                                                    
     have years  of work to  do before there are  serious or                                                                    
     substantial investments in projects.                                                                                       
                                                                                                                                
     However,  I also  want to  assure you  that failing  to                                                                    
     enact the  basic regulatory  framework HB  50 envisions                                                                    
     this year will set  Alaska back significantly and delay                                                                    
     the critical work that needs  to be done now to protect                                                                    
     our state's oil and gas industry.                                                                                          
                                                                                                                                
10:32:40 AM                                                                                                                   
                                                                                                                                
KARA MORIARTY, EXECUTIVE DIRECTOR, ALASKA OIL AND GAS                                                                           
ASSOCIATION, read from a prepared document:                                                                                     
                                                                                                                                
     The  Alaska   Oil  &  Gas   Association  (AOGA)   is  a                                                                    
     professional   trade   association   representing   the                                                                    
     majority  of  production,   exploration,  refining  and                                                                    
     transportation activities  of the oil and  gas industry                                                                    
     in Alaska.  Our mission  is to  advocate for  the long-                                                                    
     term viability of the industry.                                                                                            
                                                                                                                                
     We support the original  policy objective of House Bill                                                                    
     50  to encourage  investment in  Alaska  and to  reduce                                                                    
     carbon  dioxide   emissions  through   carbon  capture,                                                                    
     utilization, and storage (CCUS).                                                                                           
                                                                                                                                
     It is no secret the  federal government has developed a                                                                    
     robust  CCUS   regulatory  framework  to   protect  the                                                                    
     environment and  public health, and  now for  Alaska to                                                                    
     compete with  other states to attract  current industry                                                                    
     investment  in  these  types of  CCUS  activities,  the                                                                    
     state needs  this regulatory framework contained  in HB
     50.                                                                                                                        
                                                                                                                                
     As  it relates  to CCUS,  there is  one section  of the                                                                    
     bill that we do not support; Section 50.                                                                                   
     As  we understand,  for a  carbon  capture and  storage                                                                    
     project that  only captures  and stores  carbon without                                                                    
     exploring  for, developing,  or producing,  oil or  gas                                                                    
     deposits  those  costs  would not,  under  the  current                                                                    
     production tax statutes, qualify  as an allowable lease                                                                    
     expenditure.   Costs  associated   with  enhanced   oil                                                                    
     recovery  (EOR),   including  EOR  using   carbon,  are                                                                    
     currently   and  should   remain  an   allowable  lease                                                                    
     expenditure.                                                                                                               
                                                                                                                                
     As the  committee evaluates creating a  CCUS program in                                                                    
     HB  50,  we  recommend  the  state's  CCUS  program  be                                                                    
     designed  in a  manner that  does not  impact currently                                                                    
     allowable   lease   expenditures.  If   the   committee                                                                    
     believes clarifying language  regarding allowable lease                                                                    
     expenditures remains  a necessary  path forward  for HB
     50, AOGA stands by as an available resource.                                                                               
                                                                                                                                
     Now I'd like to move to  other provisions of HB 50 that                                                                    
     were  added in  the  Senate  Resources Committee.  AOGA                                                                    
     acknowledges  the anticipated  shortfall of  Cook Inlet                                                                    
     natural gas to meet local demand in the years ahead.                                                                       
                                                                                                                                
     The Cook Inlet  Basin has been and will  continue to be                                                                    
     a  critical source  of oil,  natural  gas, and  refined                                                                    
     products for Alaskans.  As policymakers consider energy                                                                    
     solutions for the Railbelt, it  is important to keep in                                                                    
     mind there are known,  substantial natural gas reserves                                                                    
     remaining.   However,  economics   and  unique   market                                                                    
     conditions remain challenging in the Inlet.                                                                                
                                                                                                                                
     For that  reason, AOGA is  supportive of  policies that                                                                    
     improve  the  economics  and viability  of  Cook  Inlet                                                                    
     projects,  while  ensuring  a  stable  and  predictable                                                                    
     business climate.                                                                                                          
     With that in mind, AOGA  supports Sections 41-47 of the                                                                    
     bill that  relates to  natural gas  storage. Commercial                                                                    
     gas storage  facilities have an important  role to play                                                                    
     in   the  Railbelt's   energy  security.   The  current                                                                    
     language  in  HB 50  ensures  new  participants have  a                                                                    
     clear  understanding   of  the  rules,   economics  and                                                                    
     processes   related  to   the  gas   storage  business.                                                                    
     Further,   operators   of    commercial   gas   storage                                                                    
     facilities   must   have   confidence  in   the   basic                                                                    
     confidentiality of sensitive  business records, or less                                                                    
     legislation will  not be  successful in  attracting new                                                                    
     participants.                                                                                                              
     We support  Section 44  as the  current confidentiality                                                                    
     language is consistent with  current state statutes and                                                                    
     is an absolute necessity  for the desired investment in                                                                    
     gas  storage   and  can   be  done   without  degrading                                                                    
     regulatory transparency requirements.                                                                                      
                                                                                                                                
     We also support Section  46 clarifying that the Federal                                                                    
     Energy  Regulatory  Commission  (FERC)  has  regulatory                                                                    
     jurisdiction  over LNG  import facilities,  eliminating                                                                    
     any   potential  for   federal   and  state   oversight                                                                    
     conflict,  therefore   removing  any   unnecessary  and                                                                    
     unforeseen   regulatory  burden   for  the   Regulatory                                                                    
     Commission of Alaska (RCA).                                                                                                
                                                                                                                                
     AOGA  also  supports  sections 53  and  54  related  to                                                                    
     reserve  based, or  asset  based financing.  Innovative                                                                    
     funding  options, such  as developmental  loans secured                                                                    
     by the  value of  undeveloped known reserves,  could be                                                                    
     helpful  in unlocking  new  developments and  producing                                                                    
     more  natural gas.  A state-backed  asset-based lending                                                                    
     program  would   allow  loans  to  be   made  based  on                                                                    
     undeveloped oil and gas  reserves, diminishing the need                                                                    
     for  restrictive  and   often  unobtainable  commercial                                                                    
     financing.                                                                                                                 
                                                                                                                                
     I would  be remiss  if I did  not mention  another Cook                                                                    
     Inlet incentive  that has  been evaluated  this session                                                                    
     that  is  not in  the  bill,  and  that is  related  to                                                                    
     royalty  relief. AOGA  supports  royalty  relief as  it                                                                    
     will incentivize  production and improve  economics for                                                                    
     some member companies.                                                                                                     
     Finally,  Section  48  of  the   bill,  imposes  a  new                                                                    
     retroactive income tax on a  limited number of firms in                                                                    
     one sector  of the  economy. For  independent companies                                                                    
     in the  Cook Inlet this  will have the  opposite effect                                                                    
     of  increasing  investment.  The  vague  and  uncertain                                                                    
     language  of  Section  48 has  not  been  discussed  or                                                                    
     evaluated  in any  committee  this  session, either  in                                                                    
     this body  or the  other body. It  introduces undefined                                                                    
     terms and  defers significant  policy decisions  to the                                                                    
     regulatory process.  And, as currently  drafted appears                                                                    
     to  double tax  entities already  subject to  corporate                                                                    
     income tax.                                                                                                                
                                                                                                                                
     AOGA strongly opposes targeting  only one sector of the                                                                    
     economy,  particularly   with  the   legislature's  and                                                                    
     administration's focus on  incentivizing Cook Inlet gas                                                                    
     production. Increasing  taxes on the industry  will not                                                                    
     generate  new   investment  and  will   accelerate  the                                                                    
     uncertainty  of  gas  supply in  the  very  near  term,                                                                    
     compounding the challenges in providing stable,                                                                            
     reliable, and affordable energy for Alaskans.                                                                              
                                                                                                                                
     Thank you for the opportunity to provide testimony on                                                                      
     behalf of the AOGA membership.                                                                                             
                                                                                                                                
     We  urge the  Legislature  to adopt  a meaningful  CCUS                                                                    
     structure,   create   policies   to   incentivize   gas                                                                    
     production  in Cook  Inlet,  and  reject policies  like                                                                    
     Sections  50  and  48, that  harm  Alaska's  investment                                                                    
     climate.                                                                                                                   
                                                                                                                                
10:36:20 AM                                                                                                                   
                                                                                                                                
Co-Chair Olson  considered Section 40, which  he thought was                                                                    
a concern  shared by many  producers on the North  Slope. He                                                                    
asked whether AOGA could support  the legislation if Section                                                                    
40 remained in the legislation.                                                                                                 
                                                                                                                                
Ms. Moriarty  relayed that AOGA  was evaluating  the matter.                                                                    
She  said that  the  current language  would affect  current                                                                    
lease expenditures, which was cause  for concern and had not                                                                    
been part of the original legislation.                                                                                          
                                                                                                                                
Co-Chair  Olson admitted  that the  committee had  only just                                                                    
received  the CS  and had  yet to  fully digest  the changes                                                                    
from the original legislation.                                                                                                  
                                                                                                                                
HB  50  was   heard  and  HELD  in   Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Olson discussed housekeeping.                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
HB 19 Research AAHPA Resolutions 4.24.23.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 19 Research CFEC Public Database 1.25.23.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 19 Research CFEC Vessel Licensing Forms 1.26.23.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 19 Research CFEC Vessel License Number Plate and Decal 1.26.23.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 19 Research DMV Registration FAQ - CFEC June 2019 1.25.23.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 19 Sectional Analysis Version B.A 5.7.2024.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 19 Sponsor Statement Version B.A 5.7.2024.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 19 Summary of Changes Version A to Version B.A_.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 19 Supporting Documents 4.20.23.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB019 Research USCG Documentation and Tonnage Brochure 1.25.23.pdf SFIN 5/8/2024 9:00:00 AM
HB 19
HB 81 Sectional Analysis_.pdf SFIN 5/8/2024 9:00:00 AM
HB 81
HB 81 Supporting Documents.pdf SFIN 5/8/2024 9:00:00 AM
HB 81
HB 81 Sponsor Statement.pdf SFIN 5/8/2024 9:00:00 AM
HB 81
HB 144- Dept of Revenue Ed Tax credit FAQ.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB 144 2011-2023 Summary Ed Tax Credits.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB 144 CY 2023 Education Tax Credit Report.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB 144- ETC Brochure.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB 144 Presentation 3.18.24.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB 144 Sectional Analysis Ver A.A.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB 144 Sponsor Statement.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB 144 Sumary of changes Ver A to Ver A.A.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB 144- Support letter Alaska's-Education-Tax-Credits-SB-120-and-HB-144.pdf SFIN 5/8/2024 9:00:00 AM
HB 144
HB50 CS in SFin summary of changes 5-7-24.pdf SFIN 5/8/2024 9:00:00 AM
HB 50
HB 50(FIN)-work draft version N.pdf SFIN 5/8/2024 9:00:00 AM
HB 50
HB 50 Senate Finance Slides corrected.pdf SFIN 5/8/2024 9:00:00 AM
HB 50