Legislature(2025 - 2026)BARNES 124
            
                
                     
05/15/2025 01:00 PM House RESOURCES
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 recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
       
    
                
                                               
                        | Audio | Topic | 
|---|---|
| Start | |
| HJR26 | |
| HB119 | |
| HB206 | |
| Adjourn | 
                                * first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                            
                        + teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 26 | TELECONFERENCED | |
| += | SJR 19 | TELECONFERENCED | |
| + | HB 119 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 206 | TELECONFERENCED | |
                    HB 206-OIL AND GAS DATA                                                                                 
                                                                                                                                
2:30:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE announced  that the final order  of business would                                                               
be HOUSE BILL NO. 206, "An  Act relating to disclosure of oil and                                                               
gas production tax information."                                                                                                
                                                                                                                                
2:30:52 PM                                                                                                                    
                                                                                                                                
COREY  ALT,  Staff,  Representative  Donna  Mears,  Alaska  State                                                               
Legislature, continued  his PowerPoint  from the  House Resources                                                               
Standing  Committee  on May  14,  2025,  regarding HB  206  [hard                                                               
copies  in the  committee packet].   He  explained that  he would                                                               
begin  with slide  7 titled  "Alaska's  Unique Structure,"  which                                                               
showed a  graph comparing gross  and net tax  comparisons between                                                               
$70 oil and  $65 oil.  The description read  as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Under a net tax, the public has a greater interest in                                                                      
     transparency because of the higher revenue volatility                                                                      
     inherent in the system.                                                                                                    
                                                                                                                                
He explained  why under a net  tax system such as  in Alaska, the                                                               
public has  more interest  in the  producer tax  information than                                                               
they  have   in  some  other   jurisdictions.    He   called  the                                                               
committee's  attention to  the difference  in the  taxable volume                                                               
column which compared the values of  a net tax versus a gross tax                                                               
system.   He posited that economists  describe a net tax  as more                                                               
efficient over  the long term,  leading to greater  investment in                                                               
oil and gas.   He pointed to the bottom of  the chart which shows                                                               
a  change  in the  taxable  value  of $70  oil  and  $65 oil  and                                                               
explained that  the assumption of a  net tax system by  the state                                                               
of  Alaska increases  a degree  of risk  sharing between  the oil                                                               
producers and  the state in a  way that is not  seen in producing                                                               
jurisdictions such as Oklahoma and Texas.                                                                                       
                                                                                                                                
2:33:33 PM                                                                                                                    
                                                                                                                                
MR. ALT responded  to a question from  Representative Coulombe by                                                               
explaining that the  chart on slide 7 was  a hypothetical example                                                               
that he  produced.  He explained  that the numbers were  close to                                                               
those used by the state of  Alaska, pointing out that gross taxes                                                               
in  states across  America  are usually  in the  4  to 7  percent                                                               
range.                                                                                                                          
                                                                                                                                
2:34:20 PM                                                                                                                    
                                                                                                                                
MR.  ALT  addressed  several  concerns  posed  by  Representative                                                               
Rauscher  regarding risks  to the  oil companies  and the  state,                                                               
explaining that  HB 206 itself  makes no  changes to oil  and gas                                                               
tax law,  the collection of  taxes, or  the structure of  the tax                                                               
system, and  there would be  no impact on  revenue.  The  bill is                                                               
meant  to give  insight  into  the question  of  whether the  tax                                                               
system is performing up  to the goals we set for  it.  He assured                                                               
the  committee  there was  no  intention  to create  a  situation                                                               
causing competitive damage.  Also,  the intention of the bill was                                                               
not  to force  disclosure that  was  not already  provided.   For                                                               
example, the production tax value  that would be required by this                                                               
bill  is  already  disclosed  by  some  oil  companies  in  other                                                               
jurisdictions  around  the  world   that  use  net  tax  systems,                                                               
including some that operated in Alaska.                                                                                         
                                                                                                                                
2:39:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DONNA  MEARS, Alaska State  Legislature, addressed                                                               
several questions  from Representative Rauscher,  explaining that                                                               
one of the  reasons the bill was crafted late  in the session was                                                               
to enable conversations with the  industry prior to releasing the                                                               
bill.   In addition, they wanted  it to sit over  the interim, so                                                               
those conversations could continue.   She agreed that data can be                                                               
commercially sensitive  and would not want  sensitive information                                                               
to be exposed.                                                                                                                  
                                                                                                                                
2:40:21 PM                                                                                                                    
                                                                                                                                
MR. ALT responded  to a question from  Representative Rauscher by                                                               
clarifying that  some data would come  from information disclosed                                                               
by  companies depending  on their  status in  the marketplace  as                                                               
well  as disclosures  from the  American stock  exchange and  the                                                               
SEC.    Continuing  adjustments  would  be  made  to  the  bill's                                                               
language  to ensure  it  doesn't  include competitively  damaging                                                               
information.                                                                                                                    
                                                                                                                                
2:42:06 PM                                                                                                                    
                                                                                                                                
MR.  ALT  answered  a series  of  back-and-forth  questions  from                                                               
Representative  Saddler regarding  hypotheticals, tax  rates, and                                                               
disclosures  which narrowed  down to  one specific  statement and                                                               
whether that was  what he had said.   Mr. Alt said  he would have                                                               
to listen  to the tape to  confirm a direct quote.   He explained                                                               
that  the  intention   of  the  legislation  was   not  to  force                                                               
disclosure  of  information  that  is not  disclosed  already  by                                                               
companies.                                                                                                                      
                                                                                                                                
2:44:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE  responded to Representative Saddler's  demand for                                                               
an answer by asking Representative Mears to respond.                                                                            
                                                                                                                                
REPRESENTATIVE  MEARS maintained  that Mr.  Alt had  provided the                                                               
relevant information  Representative Saddler  asked for  and that                                                               
there was information  disclosed in other districts  that was not                                                               
disclosed  in Alaska.    She said  Mr. Alt  had  provided a  good                                                               
background about that  level of detail, but they  could follow up                                                               
with additional specifics.                                                                                                      
                                                                                                                                
2:45:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BURKE  addressed  Representative Saddler  on  the                                                               
record  to say  he had  the  right to  ask questions  but not  to                                                               
badger staff.                                                                                                                   
                                                                                                                                
2:46:17 PM                                                                                                                    
                                                                                                                                
MR. ALT  moved to  slide 8,  titled "Alaska's  Unique Structure,"                                                               
which   showed   several    graphs   regarding   tax   disclosure                                                               
requirements,  and which  read as  follows [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
      • Some oil-producing states have stronger disclosure                                                                      
     requirements.                                                                                                              
      • In Texas and North Dakota, producers' tax returns                                                                       
     are public                                                                                                                 
                                                                                                                                
He  explained  that  there  is  a  disparity  in  the  disclosure                                                               
requirements  between  other gas  and  oil  producing states  and                                                               
Alaska.    The bottom  left  graph  was  put  out by  the  Alaska                                                               
Department of  Revenue regarding the  level of investment  on the                                                               
North Slope.  He pointed out  that details are not provided about                                                               
every unit.  He discussed the  graph on the right which showed an                                                               
example  of a  tax history  document from  the Texas  comptroller                                                               
which had been provided after  requesting tax information about a                                                               
specific oil  producer.  The example  showed the first page  of a                                                               
4,000-page  volume  from one  month  in  2024 concerning  Hilcorp                                                               
Energy company.  This is an  example of the level of detail other                                                               
jurisdictions  provide.    He  noted  that,  unlike  Alaska,  tax                                                               
officials from  other states would compile  this information into                                                               
usable data sets for policy makers and the public.                                                                              
                                                                                                                                
2:48:08 PM                                                                                                                    
                                                                                                                                
MR. ALT proceed  to slide 9, titled  "Alaska's Unique Structure,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     History:                                                                                                                   
     • In 2006, Alaska transitioned  from a gross (ELF) to a                                                                    
     net tax under the                                                                                                          
     Petroleum Profits Tax (PPT)                                                                                                
     • The PPT system  lacked sufficient disclosure, both to                                                                    
     the Department of Revenue and the public.                                                                                  
     •  ACES  (2007)   implemented  the  current  disclosure                                                                    
     statute, AS  43.55.890, to provide for  some disclosure                                                                    
     of producer data.                                                                                                          
                                                                                                                                
2:49:22 PM                                                                                                                    
                                                                                                                                
MR. ALT  moved to slide  10, titled "Alaska's  Unique Structure,"                                                               
which  showed a  graph detailing  lease expenditures  and capital                                                               
expenditures  over time.   The  slide read  as follows  [original                                                               
punctuation provided]                                                                                                           
                                                                                                                                
     Weakening Disclosure:                                                                                                      
     •  In 2016,  DOR  published information  on four  North                                                                    
     Slope units. Today Prudhoe is the only one.                                                                                
     •  Units have  very different  production and  economic                                                                    
     profiles depending on geology and development                                                                              
                                                                                                                                
2:50:26 PM                                                                                                                    
                                                                                                                                
MR. ALT explained  that the quality of  disclosure the Department                                                               
of  Revenue   (DOR)  is   allowed  to   provide  under   law  has                                                               
deteriorated.   He  proceeded  to slide  11,  titled "What's  the                                                               
Problem?" which read as follows [original punctuation provided]:                                                                
                                                                                                                                
     Without   insight  into   the   profitability  of   oil                                                                    
     individual   producers   in  particular   fields,   the                                                                    
     legislature could beunknowingly:                                                                                           
     1.  Holding  back  industry to  the  detriment  of  all                                                                    
     Alaskans through complex and onerous tax rates                                                                             
     2. Unfairly advantaging some producers over others                                                                         
     3.  Incentivizing  development  of  federal  land  over                                                                    
     state land, decreasing royalty income                                                                                      
     4. Allowing  the maximum benefit of  Alaska's resources                                                                    
     to  flow  to  out-of-state  oil  producers  instead  of                                                                    
     Alaskans themselves                                                                                                        
                                                                                                                                
He described each of those points in more detail and then turned                                                                
to slide 12, titled "What's our solution?" which simply stated,                                                                 
"Increased transparency."                                                                                                       
                                                                                                                                
2:52:25 PM                                                                                                                    
                                                                                                                                
MR. ALT moved to slide 13, slide 14, and slide 15, titled                                                                       
"What's our solution?" which read as follows [original                                                                          
punctuation provided]:                                                                                                          
                                                                                                                                
     HB 206  would require DOR to  publish information about                                                                    
     producers at the unit level upon request:                                                                                  
          1.  The amount  of  oil or  gas  produced by  each                                                                    
     working interest owner (WIO) in a unit                                                                                     
          2.  The gross  value  at the  point of  production                                                                    
     (GVPP) by WIO                                                                                                              
          3.  Transportation   costs  attributable   to  the                                                                    
     product by WIO                                                                                                             
          4. Production tax value (PTV) by WIO                                                                                  
          5. Tax due by WIO 6. State royalty by WIO                                                                             
     This data is to be released with monthly resolution.                                                                       
                                                                                                                                
     • Most of this information is already public                                                                               
          • Royalty information is produced by DOR                                                                              
          • Production data is available from AOGCC                                                                             
              Transportation   costspipeline   tariffs   and                                                                    
     shipping ratesare largely public                                                                                           
          • GVPP is roughly  calculable from production data                                                                    
     and public price information.                                                                                              
                                                                                                                                
     • What's not?                                                                                                              
          • Production Tax Value                                                                                                
          • Tax Paid                                                                                                            
     • Some companies  publish this information voluntarily.                                                                    
     Others  don't. This  proposal would  level the  playing                                                                    
     field.                                                                                                                     
                                                                                                                                
     • HB 206 would provide:                                                                                                    
          • Transparency for the public and policymakers                                                                        
          •  Consistent disclosure  in substance  and format                                                                    
     across producers                                                                                                           
          • A meaningful dataset for analysis                                                                                   
          • Parity in disclosures between producers                                                                             
                                                                                                                                
He emphasized that information disclosed by the proposed law                                                                    
would not be damaging to the companies.                                                                                         
                                                                                                                                
2:54:26 PM                                                                                                                    
                                                                                                                                
MR.  ALT   response  to  a  question   from  Representative  Elam                                                               
regarding the  level of administrative burden  this would create.                                                               
He referred this question to Mr. Dale Yancy of DOR.                                                                             
                                                                                                                                
2:57:00 PM                                                                                                                    
                                                                                                                                
DALE  YANCEY,  Tax  Director,  Department  of  Revenue,  answered                                                               
questions  regarding  whether  HB  206  would  create  additional                                                               
administrative burden.   He explained that DOR did  not have that                                                               
level of detail available, and  it would require additional staff                                                               
to  aggregate  the  data.    He  described  the  information  oil                                                               
companies provided on  their tax returns and  how the aggregation                                                               
of data would change with HB  206.  He explained that the monthly                                                               
filings provided by the oil  companies detailed the amount of oil                                                               
produced but not how much tax was being paid.                                                                                   
                                                                                                                                
2:59:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS pointed  out  that purpose  of  bill is  to                                                               
remedy the fact  that this data is only  available to legislators                                                               
with a signed  non-disclosure agreement, and it  is not available                                                               
to the public.   The data exists within the  state of Alaska, but                                                               
it is not useful.                                                                                                               
                                                                                                                                
M. ALT,  in response  to a comment  by Representative  Elam, said                                                               
that he  would defer to  the DOR to  generate a fiscal  note that                                                               
would accurately account for data aggregation.                                                                                  
                                                                                                                                
3:01:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE announced that HB 206 would be held over.                                                                        
| Document Name | Date/Time | Subjects | 
|---|---|---|
| draft RES CS HB 119 ver G.pdf | HRES       5/15/2025 1:00:00 PM | HB 119 | 
| HB 206 Presentation HRES 5.14.pdf | HRES       5/15/2025 1:00:00 PM | HB 206 | 
| HB 119 Summary of Changes N to G.pdf | HRES       5/15/2025 1:00:00 PM | HB 119 |