Legislature(2003 - 2004)

04/23/2003 01:36 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 61                                                                                                             
                                                                                                                                
     "An  Act  establishing an  exploration  and  development                                                                   
     incentive  tax   credit  for  persons  engaged   in  the                                                                   
     exploration  for  and  development   of  less  than  150                                                                   
     barrels of oil  or of gas for sale and  delivery without                                                                   
     reference  to volume  from a  lease or  property in  the                                                                   
     state; and providing for an effective date."                                                                               
                                                                                                                                
Representative Chenault MOVED  to ADOPT Committee Substitute,                                                                   
Work Draft 23-LS0270\Q  (4/15).  There being  NO OBJECTION it                                                                   
was so ordered.                                                                                                                 
                                                                                                                                
REPRESENTATIVE MIKE  CHENAULT, SPONSOR, provided  information                                                                   
about the bill.   He read from a shortened  Sponsor Statement                                                                   
as follows:                                                                                                                     
                                                                                                                                
        HR 61 creates  a new income  tax credit to  encourage                                                                   
        increased exploration and development  of natural gas                                                                   
        reserves south  of the  Brook Range.  To qualify  for                                                                   
        the credit,  operators  must successfully  drill  and                                                                   
        develop reserves  that produce  natural gas for  sale                                                                   
        and delivery.  This  is  a successful  efforts  bill,                                                                   
        which means  that no  credits will  be given for  dry                                                                   
        holes or for exploration that is not developed.                                                                         
                                                                                                                                
        Currently, the  Cook Inlet  continues  to have  great                                                                   
        potential  for  additional  natural  gas  development                                                                   
        Other Alaska basins  outside of the North  Slope have                                                                   
        similar  potential.   However,  the  combination   of                                                                   
        exploration   risk,  high   development   costs   and                                                                   
        historic  low  natural  gas  prices   has  created  a                                                                   
        disincentive to  drill for new  reserves as  compared                                                                   
        to other areas  of the world.  By providing  a credit                                                                   
        for successful efforts,  more exploration  will occur                                                                   
        in  Southern  Alaska  leading  to   much  needed  new                                                                   
        natural  gas   reserves.   This  will   benefit   all                                                                   
        residents and  businesses at  no direct  cost to  the                                                                   
        state.                                                                                                                  
                                                                                                                                
        In addition  to  the benefit  of  developing new  gas                                                                   
        reserves, increased  Cook  Inlet drilling  will  also                                                                   
        aid  the  general   economic  status  on   the  Kenai                                                                   
        Peninsula and in Anchorage as well  as other areas of                                                                   
        Alaska.  Moreover,   increased   tax   revenue   from                                                                   
        additional  hydrocarbon  production  will  more  than                                                                   
        offset any fiscal impact from the proposed credit.                                                                      
                                                                                                                                
                                                                                                                                
JOHN A. BARNES, ALASKA BUSINESS UNIT MANAGER, MARATHON OIL                                                                      
Discussed slides from a power point presentation as follows:                                                                    
                                                                                                                                
     HB 61 - What does it Do?                                                                                                 
                                                                                                                                
     •Draws more E&P Investments to Alaska                                                                                      
     •Creates income tax credit  to encourage exploration and                                                                   
     development of gas reserves south of Brooks Range                                                                          
     •Primary focus  is on Cook  Inlet, but applies  to other                                                                   
     Alaska basins                                                                                                              
     •Focus is on natural gas.                                                                                                  
     •Levels   the   playing   field  somewhat   with   other                                                                   
     exploration opportunities around the world.                                                                                
                                                                                                                                
     HB 61 - How Does it Work?                                                                                                
                                                                                                                                
     •Applies to 10% of Qualified Capital Investment                                                                            
     •Applies to 10% of Qualified Expense                                                                                       
     •May offset no more than  50% of corporate income tax in                                                                   
     any one year (up to five additional years)                                                                                 
     •Only applies to successful efforts.                                                                                       
     •Incentive can be factored into project economics.                                                                         
                                                                                                                                
     HB 61 - Why is it needed?                                                                                                
                                                                                                                                
     •Currently there is not enough Alaska E&P Activity                                                                         
     •Natural Gas  Reserves have  been and are  continuing to                                                                   
     decline in the Cook Inlet.                                                                                                 
     -Current  Cook Inlet  proven  natural  gas reserves  are                                                                   
     estimated at 2 TCF                                                                                                         
     •(Based on DNR DOG 2002 report, less 2002 production)                                                                      
     •Despite  recent  increase  in  Cook  Inlet  exploration                                                                   
     activity, reserves  are not being replaced  on an annual                                                                   
     basis                                                                                                                      
     •Cook  Inlet  deliverability   has  declined  over  last                                                                   
     several years.                                                                                                             
                                                                                                                                
Mr. Barnes referred to a graph illustrating the relationship                                                                    
between Cook Inlet supply and demand (copy on file).                                                                            
                                                                                                                                
     •Supply and demand rationalization is occurring.                                                                           
     -Not enough gas to feed low price consumer.                                                                                
     -Gas price increasing                                                                                                      
     •Enstar average gas cost (WACOG) $2.55/mcf                                                                                 
     •Most recent  Enstar contract  gas price $2.75  to Henry                                                                   
     Hub                                                                                                                        
     •Henry Hub recently over $9.00/mcf                                                                                         
                                                                                                                                
     Cook Inlet Reserves & Resources                                                                                          
                                                                                                                                
     •Current proven reserves - 2000 BCF                                                                                        
     -Approximately  10  year  production life,  assuming  no                                                                   
     decline.                                                                                                                   
     •Potential Gas Committee Resource Estimates                                                                                
     -Probable Reserves - 1050 BCF                                                                                              
     -Possible Reserves - 2100 BCF                                                                                              
                                                                                                                                
     Impacts to the State of Alaska                                                                                           
                                                                                                                                
     •Stimulates  Cook  Inlet,  and potentially  other  basin                                                                   
     exploration.                                                                                                               
     •Aids   in   maintaining   Cook  Inlet   200+   BCF/year                                                                   
     production.                                                                                                                
                        th                                                                                                      
     -Equivalent to a 13 month of North Slope Production.                                                                       
     •Provides  gas for  Cook  Inlet utilities,  industrials,                                                                   
     jobs, royalties, taxes.                                                                                                    
                                                                                                                                
     Fiscal Impact to the state of Alaska                                                                                     
                                                                                                                                
     •Incentive will be clearly  positive to State of Alaska,                                                                   
     factors are...                                                                                                             
     -How many developments will be incentivized?                                                                               
     -How much gas will be discovered?                                                                                          
     -What will be the gas sales price (royalty value)?                                                                         
     -How   much   will   be  spent   for   exploration   and                                                                   
     development?                                                                                                               
     -Successful  efforts  driven  - no  incentives  for  dry                                                                   
     holes                                                                                                                      
     •Conceptual  Estimate of Impact, assumptions:                                                                              
     -Varied field size from 0 to 500 BCF                                                                                       
     -Development Cost $0.50/mcf                                                                                                
     -Royalty - 12.5%                                                                                                           
     -Severance Tax - 7.5%                                                                                                      
     -Ad valorem - 2.7%                                                                                                         
     -Gas sales price - $2.50/mcf                                                                                               
                                                                                                                                
Mr. Barnes  referred to a  table on  page 13 (copy  on file),                                                                   
which illustrates the relationship  between field size (BCF),                                                                   
tax  credit, gross  revenue,  royalties,  and severance  tax.                                                                   
The table gives total tax per field size.                                                                                       
                                                                                                                                
     Conclusions                                                                                                                
                                                                                                                                
     •Based on conceptual model, State of Alaska receives                                                                       
     from $3 to $10 additional revenue for each $1 of tax                                                                       
     credit.                                                                                                                    
     •Credit is needed now!                                                                                                     
     -Not enough exploration in Cook Inlet to meet demand.                                                                      
     -Other areas of state need exploration and development.                                                                    
     -New discoveries will take a minimum of 3 years to                                                                         
     bring to first gas                                                                                                         
     -                                                                                                                          
     Success Measures                                                                                                         
                                                                                                                                
     •Increased Lease Activity                                                                                                  
     •Increased Drilling Rig Activity                                                                                           
     •Increased Construction Activity                                                                                           
     •Increased Production and Deliverability                                                                                   
     •Credits Applied to Income Tax                                                                                             
     -For every dollar of credit approximately ten dollars                                                                    
     were spent successfully developing new reserves, and                                                                       
     ultimately paying new taxes!                                                                                               
                                                                                                                                
Representative Croft  referred to the sponsor  statement that                                                                   
noted "historic  low natural gas  prices".  He  then compared                                                                   
this with page 8 of the presentation,  which noted "gas price                                                                   
increases".   He  asked why  the increased  prices would  not                                                                   
create a natural incentive for exploration.                                                                                     
                                                                                                                                
Mr. Barnes  acknowledged that  price increases provided  some                                                                   
incentive.  He  noted that exploration was a  risky business,                                                                   
and offered  no guarantees of  success.  He pointed  out that                                                                   
the  time  lag between  price  shifts  and discovery  of  new                                                                   
supplies could cause potential  damage to local industry.  He                                                                   
drew  the  analogy   that  stores  run  sales   to  encourage                                                                   
activity.                                                                                                                       
                                                                                                                                
Representative  Croft acknowledged  the potential benefit  of                                                                   
the bill if it created activity  that would not occur without                                                                   
it.  He observed  that it was difficult to  determine whether                                                                   
the  company would  have  increased exploration  without  the                                                                   
incentive,  but conceded  that  if only  one out  of ten  new                                                                   
reserves  were developed  due to  the bill,  the state  would                                                                   
"break even".                                                                                                                   
                                                                                                                                
Representative Stoltze  asked if a "double dip"  was possible                                                                   
if a  company took  a reduction  for royalties  and also  for                                                                   
Agrium [Company].                                                                                                               
                                                                                                                                
Representative  Chenault  maintained that  the  bill did  not                                                                   
allow for multiple incentives.                                                                                                  
                                                                                                                                
Representative  Croft asked for  clarification, and  observed                                                                   
that a  producer might qualify  for the tax credit,  and then                                                                   
not have  to pay the royalty  that they would have  passed on                                                                   
to Agrium.                                                                                                                      
                                                                                                                                
Representative  Whitaker  suggested  that any  double  credit                                                                   
would be very minimal.                                                                                                          
                                                                                                                                
Co-Chair Harris referred  to sub section (g)  "A taxpayer who                                                                   
obtains  a credit  under this  section  may not  claim a  tax                                                                   
credit or royalty  modification provided for  under any other                                                                   
title."  He observed  that the  bill  pertained to  corporate                                                                   
income tax,  no more than 50 percent  of the tax owed  to the                                                                   
State in  any year,  and that  to qualify  a project  must be                                                                   
producing gas or oil for the state  of Alaska.  He speculated                                                                   
that the potential  risk for the State might be  a portion of                                                                   
corporate  income tax,  but that  this would  be offset  by a                                                                   
greater amount of royalties and  severance.  He asked whether                                                                   
the risk was minimal compared to the potential gain.                                                                            
                                                                                                                                
Mr.  Barnes  concluded  that   successful  exploration  would                                                                   
reward  the  producer  with corporate  tax  credit,  and  the                                                                   
higher  production   level  would   reward  with   additional                                                                   
revenue.                                                                                                                        
                                                                                                                                
Co-Chair Harris  noted that the  bill provided  incentive for                                                                   
producers to invest into Alaska  as opposed to other areas or                                                                   
countries.                                                                                                                      
                                                                                                                                
Representative  Hawker  referred  to the  successful  efforts                                                                   
restriction  in  the  bill and  asked  whether  the  proposed                                                                   
investment tax  credit would apply to expenditures  that were                                                                   
for an existing reserve, rather than a new reserve.                                                                             
                                                                                                                                
Mr.  Barnes  commented   that  the  intent  was   to  qualify                                                                   
expenditures  for bringing to  production new reservoirs.  He                                                                   
defined those new  reservoirs as those in which  no sales had                                                                   
previously occurred, whether a new or existing reserve.                                                                         
                                                                                                                                
In  response to  a  question  by Representative  Hawker,  Mr.                                                                   
Barnes  confirmed that  if  a producer  found  product in  an                                                                   
existing well, those development  expenditures would qualify.                                                                   
                                                                                                                                
Representative    Hawker   referred    to   the    qualifying                                                                   
expenditures language.   He asked if the bill  accommodated a                                                                   
situation when  money was expended  in a particular  year and                                                                   
the reserve  produced after  the end  of that  tax year.   He                                                                   
suggested  that  an accounting  problem  might  exist in  the                                                                   
language.                                                                                                                       
                                                                                                                                
Mr. Barnes  observed that  this accounting  question  had not                                                                   
been  previously  addressed.   He  assumed  that, in  such  a                                                                   
progressive project, expenditures  were held in aggregate and                                                                   
accounted for when product was sold.                                                                                            
                                                                                                                                
Representative  Hawker referred  to page  2, line 7,  stating                                                                   
that qualifying  expenditures must be "made  for assets first                                                                   
placed in service  in the state during the tax  year in which                                                                   
the  credit is  claimed".   He  speculated that  if a  credit                                                                   
could not  be claimed  until a reserve  was proven,  it would                                                                   
exclude  any expenditures  made  in the  exploration  process                                                                   
prior to the year in which the reserve was proven.                                                                              
                                                                                                                                
In response  to a  question by  Representative Whitaker,  Mr.                                                                   
Barnes reiterated  that the credit would apply  to production                                                                   
from either an  existing well or a new reserve  that produced                                                                   
new gas sales.                                                                                                                  
                                                                                                                                
Representative  Whitaker  referred to  page  2,  line 7,  and                                                                   
asked  if  Mr.   Barnes  was  satisfied  with   the  existing                                                                   
language.                                                                                                                       
                                                                                                                                
CHUCK  LOGSDON,  CHIEF  PETROLEUM  ECONOMIST,  DEPARTMENT  OF                                                                   
REVENUE testified  via teleconference.   He  was not  able to                                                                   
comment  on the  language.   He  stated that  he assumed  the                                                                   
credit could be  taken after an asset was placed  in service,                                                                   
but noted that this may not be the correct interpretation.                                                                      
                                                                                                                                
MARK MEYERS,  DIRECTOR, DIVISION  OF OIL AND GAS,  DEPARTMENT                                                                   
OF   NATURAL   RESOURCES   concurred   with   Mr.   Logsdon's                                                                   
interpretation of the credits being transportable.                                                                              
                                                                                                                                
Representative   Croft  noted  that   the  language   made  a                                                                   
distinction   between  qualified   capital  investments   and                                                                   
qualified  services.   He maintained  that qualified  capital                                                                   
investment could be carried over,  whereas qualified services                                                                   
(such  as  labor)  were  in  question.     He  noted  that  a                                                                   
distinction  was   made  between  expenditures   for  capital                                                                   
investment,  and for the  services that  could apply  only to                                                                   
the specific tax year.                                                                                                          
                                                                                                                                
HB 61 was HEARD and HELD for further consideration.                                                                             

Document Name Date/Time Subjects