Legislature(2025 - 2026)BARNES 124

05/15/2025 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
*+ HJR 26 AK LNG PROJECT WORKFORCE DEVELOPMENT TELECONFERENCED
Moved CSHJR 26(RES) Out of Committee
-- Invited & Public Testimony --
+= SJR 19 ANWR & NAT'L PETRO RESERVE: STATE SHARE TELECONFERENCED
<Bill Hearing Canceled>
+ HB 119 GAS PIPELINE FAIRBANKS SPUR TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 206 OIL AND GAS DATA TELECONFERENCED
Heard & Held
                    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, on behalf of Representative  Mears, prime sponsor of                                                               
HB  206,  continued  his  PowerPoint  from  the  House  Resources                                                               
Standing  Committee  on May  14,  2025,  regarding HB  206  [hard                                                               
copies in the committee file].   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.                                                                                                    
                                                                                                                                
MR. ALT 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 is a  hypothetical example                                                               
that he  produced.  He  explained that  the numbers are  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  MEARS,   as  prime  sponsor,   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, she  wanted it to  sit over the  interim, so                                                               
those conversations could continue.   She agreed that data can be                                                               
commercially  sensitive   and  she   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, in  response  to  a search  for  clarification made  by                                                               
Representative  Saddler,  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                                                                                                                    
                                                                                                                                
CO-CHAIR 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 resumed  the PowerPoint presentation of HB  206 by moving                                                               
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                                                                                                                 
                                                                                                                                
MR. ALT  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  Alaska's                                                               
Department of Revenue (DOR) 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  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                                                                                                        
                                                                                                                                
MR. ALT  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                                                                             
                                                                                                                                
MR. ALT emphasized that information disclosed by the proposed                                                                   
law would not be damaging to the companies.                                                                                     
                                                                                                                                
2:54:26 PM                                                                                                                    
                                                                                                                                
MR. ALT, in response to a question from Representative Elam                                                                     
regarding the level of administrative burden this would create,                                                                 
deferred the question to Mr. Dale Yancy of DOR.                                                                                 
                                                                                                                                
2:57:00 PM                                                                                                                    
                                                                                                                                
DALE  YANCEY,  Director,  Tax Division,  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  the proposed                                                               
bill  is to  remedy  the  fact that  this  data  is available  to                                                               
legislators only  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.                                                                                          
                                                                                                                                
MR. ALT,  in response to  a comment by Representative  Elam, said                                                               
that he would  defer to DOR to generate a  fiscal note that would                                                               
accurately account for data aggregation.                                                                                        
                                                                                                                                
3:01:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR BURKE announced that HB 206 was 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