Legislature(2023 - 2024)ADAMS 519

04/15/2024 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 154 AK HOUSING FINANCE CORP: SUSTAIN ENERGY TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 223 TAX & ROYALTY FOR CERTAIN GAS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 223                                                                                                            
                                                                                                                                
     "An  Act relating  to the  production  tax and  royalty                                                                    
     rates on  certain gas; and  providing for  an effective                                                                    
     date."                                                                                                                     
                                                                                                                                
2:55:33 PM                                                                                                                    
                                                                                                                                
DEREK  NOTTINGHAM,  DIRECTOR,  DIVISION   OF  OIL  AND  GAS,                                                                    
JUNEAU, introduced  the PowerPoint presentation "HB  223 Tax                                                                    
and Royalty for  Certain Gas" dated April 15,  2024 (copy on                                                                    
file). He began on slide 2,  and stated that the goal was to                                                                    
The goal of  HB 223 was to increase available  gas supply in                                                                    
the Cook Inlet to meet expected shortfalls.                                                                                     
                                                                                                                                
Mr. Nottingham continued to slide 3:                                                                                            
                                                                                                                                
     o Benefits accumulations that  have been discovered but                                                                    
     have not been brought into production                                                                                      
     o  Promotes  exploration   for  undiscovered  resources                                                                    
     also touched on  Fields or pools that  have produced in                                                                    
     the past but were offline during 2024                                                                                      
     o Fields currently shut-in  receive the royalty benefit                                                                    
     if brought  back into  production also  addressed Wells                                                                    
     drilled  into  fields  or   pools  that  are  currently                                                                    
     producing when  production from  the existing  wells is                                                                    
     not feasible                                                                                                               
     o   Incentivizes  drilling   outside  of   the  current                                                                    
     "drainage  area"  of  wells currently  producing  Wells                                                                    
     drilled  into  fields  or   pools  that  are  currently                                                                    
     producing when  production from  the existing  wells is                                                                    
     not feasible                                                                                                               
     o   Incentivizes  drilling   outside  of   the  current                                                                    
     "drainage area" of wells currently producing                                                                               
                                                                                                                                
Mr. Nottingham continued on slide 4:                                                                                            
                                                                                                                                
       Barriers  to equity investment in  these projects are                                                                    
     high up-front capital costs, federal                                                                                       
     permitting challenges, gas  market uncertainty, and oil                                                                    
     service industry  challenges. Major  accumulations with                                                                    
     financing obstacles:                                                                                                       
     1. BlueCrest's Cosmopolitan Project  250 BCF                                                                               
    2. Hex/Furie's Kitchen Lights Development  300 BCF                                                                          
     • Projects are competing  for equity capital with Lower                                                                    
     48  investments   which  have  lower   up-front  costs,                                                                    
     shorter payback, and a more certain environment                                                                            
     •  Reducing the  royalty  for these  projects prior  to                                                                    
     investment                                                                                                                 
                                                                                                                                
2:59:48 PM                                                                                                                    
                                                                                                                                
Mr. Nottingham continued on slide 5:                                                                                            
                                                                                                                                
        Although  there  are   known,  but  undeveloped  gas                                                                    
     resources, these have not been sanctioned by operators                                                                     
    under the current fiscal system and royalty rates.                                                                          
     • Under  the current  royalty rates,  expected revenues                                                                    
     to the State from current and expected development are                                                                     
     $648 million for the period 20252035                                                                                       
     • If the royalty reduction  leads to new investments in                                                                    
     gas projects,  then future  gas production  will likely                                                                    
     meet the demand by Railbelt  consumers for at least the                                                                    
     next  ten yearsultimately   leading to  estimated total                                                                    
     revenues to  the State of  $659 million for  the period                                                                    
     20252035.                                                                                                                  
     • If the royalty reduction  is not successful in adding                                                                    
     significant  new gas  production (i.e.,  no new  gas in                                                                    
     addition  to the  PD and  PUD gas  forecast), then  the                                                                    
     State  would lose  $40 million  over  the period  2025                                                                     
     2035.                                                                                                                      
                                                                                                                                
Mr. Nottingham  advanced to slide  6, which showed  what was                                                                    
happening  in graph  form. He  shared that  the darker  dash                                                                    
line was  revenue under  HB 233  in a  failure case  and the                                                                    
lighter dash line  was revenue under HB 233  if the projects                                                                    
were successful.                                                                                                                
                                                                                                                                
Mr. Nottingham advanced to slide 7.                                                                                             
                                                                                                                                
3:04:48 PM                                                                                                                    
                                                                                                                                
Representative Josephson asked whether  the 1987 of Trustees                                                                    
vs. the  State of  Alaska, which showed  that the  state was                                                                    
not  allowed to  take a  zero percent  royalty. He  wondered                                                                    
whether  the  state  was  legally allowed  to  take  a  zero                                                                    
percent royalty.                                                                                                                
                                                                                                                                
3:05:36 PM                                                                                                                    
                                                                                                                                
JOHN  CROWTHER, DEPUTY  COMMISSIONER, DEPARTMENT  OF NATURAL                                                                    
RESOURCES, JUNEAU,  replied that  the legislation  would not                                                                    
have a royalty.                                                                                                                 
                                                                                                                                
Representative Josephson  asked if the state  had considered                                                                    
a deferred royalty.                                                                                                             
                                                                                                                                
Mr.  Crowther responded  that the  department  did not  view                                                                    
that it was needed for the bill.                                                                                                
                                                                                                                                
Representative   Josephson  asked   if  the   administration                                                                    
considered an option where the state was the purchaser.                                                                         
                                                                                                                                
Mr. Crowther  responded that there had  been some discussion                                                                    
and consideration, and he would be happy to follow up.                                                                          
                                                                                                                                
3:09:55 PM                                                                                                                    
                                                                                                                                
Representative Josephson  surmised that the  forgone revenue                                                                    
was the 40 million per year.                                                                                                    
                                                                                                                                
Mr. Crowther  responded that  it was  an aggregate  based on                                                                    
the assumptions  and approximations  of less roads  into the                                                                    
state in that ten-year period.                                                                                                  
                                                                                                                                
Representative Stapp  asked why would the  department choose                                                                    
to extend the royalty for a decade.                                                                                             
                                                                                                                                
Mr. Crowther responded that tone  of the things he had heard                                                                    
from the market was that the payback times were limiting.                                                                       
                                                                                                                                
3:18:12 PM                                                                                                                    
                                                                                                                                
Representative  Stapp queried  the  reason  for the  royalty                                                                    
relief conclusion.                                                                                                              
                                                                                                                                
Mr. Crowther  responded that action  on the royalty  was the                                                                    
action that the state could do to incentivize development.                                                                      
                                                                                                                                
Representative Stapp  queried the reason that  there was not                                                                    
a rebate of the royalty to the end user.                                                                                        
                                                                                                                                
Mr. Crowther  responded that how the  legislature determined                                                                    
to allocate the royalty was a policy question.                                                                                  
                                                                                                                                
Co-Chair Foster noted that there  was already a reduction in                                                                    
tax  on  natural gas.  He  queried  the current  Cook  Inlet                                                                    
production tax.                                                                                                                 
                                                                                                                                
Mr. Crowther deferred to Mr. Stickel.                                                                                           
                                                                                                                                
3:24:52 PM                                                                                                                    
                                                                                                                                
DAN  STICKEL, CHIEF  ECONOMIST, DEPARTMENT  OF REVENUE,  TAX                                                                    
DIVISION, JUNEAU (via  teleconference), responded he current                                                                    
gas production tax was 15 percent of gross value.                                                                               
                                                                                                                                
3:27:53 PM                                                                                                                    
                                                                                                                                
Representative  Galvin wondered  how  DNR  would feel  about                                                                    
limiting the length of royalty relief.                                                                                          
                                                                                                                                
Mr. Crowther was happy to work with policy amendments.                                                                          
                                                                                                                                
Representative  Galvin thought  it  seemed uncomplicated  to                                                                    
adjust the length of the royalty relief.                                                                                        
                                                                                                                                
3:32:26 PM                                                                                                                    
                                                                                                                                
Representative  Hannan queried  an opinion  from Legislative                                                                    
Legal as related to the 1987 lawsuit.                                                                                           
                                                                                                                                
Co-Chair Foster agreed.                                                                                                         
                                                                                                                                
3:34:36 PM                                                                                                                    
                                                                                                                                
Representative Tomaszewski  asked whether the  bill impacted                                                                    
Fairbanks.                                                                                                                      
                                                                                                                                
Mr.  Crowther responded  that the  bill directly  influenced                                                                    
the energy market in Fairbanks.                                                                                                 
                                                                                                                                
HB 223 was HEARD and HELD for further consideration.                                                                            
                                                                                                                                

Document Name Date/Time Subjects
HB 154 HFIN AHFC Presentation 041524.pdf HFIN 4/15/2024 1:30:00 PM
HB 154
HB 154 Public Testimony Rec'd by 040424.pdf HFIN 4/15/2024 1:30:00 PM
HB 154
HB 154 Public Testimony Rec'd by 041224.pdf HFIN 4/15/2024 1:30:00 PM
HB 154
HB 223 DNR DOG Presentation to HFIN 04.15.2024.pdf HFIN 4/15/2024 1:30:00 PM
HB 223
HB 223 Public Testimony Rec'd by 041524.pdf HFIN 4/15/2024 1:30:00 PM
HB 223
HB154 Public Testimony Rec'd by 051524.pdf HFIN 4/15/2024 1:30:00 PM
HB 154
HB 154 AHFC Response to HFIN 041724.pdf HFIN 4/15/2024 1:30:00 PM
HB 154