Legislature(2003 - 2004)

02/27/2003 03:21 PM House O&G

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 61-OIL & GAS TAX CREDIT FOR EXPLORATION/DEV                                                                                
                                                                                                                                
Number 2816                                                                                                                     
                                                                                                                                
CHAIR KOHRING  announced that the  final order of  business would                                                               
be 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."                                                                                                                          
                                                                                                                                
Number 2795                                                                                                                     
                                                                                                                                
LEONA  OBERTS,  Staff  to Representative  Mike  Chenault,  Alaska                                                               
State Legislature, presented  the sponsor statement for  HB 61 on                                                               
behalf of Representative Chenault, as follows:                                                                                  
                                                                                                                                
     HB  61 creates  a new  income tax  credit to  encourage                                                                    
     increased  exploration and  development of  natural ...                                                                    
     gas reserves south of the  Brooks Range.  While focused                                                                    
     primarily on natural gas  reserve development, the bill                                                                    
     also  provides  an  incentive for  the  development  of                                                                    
     marginal oil reserves, should they  be discovered.  For                                                                    
     the purpose  of this  bill, marginal oil  production is                                                                    
     defined as  that which  initially produces  150 barrels                                                                    
     of oil  per day or  less.   To qualify for  the credit,                                                                    
     operators   must   successfully   drill   and   develop                                                                    
     hydrocarbon reserves that produce  natural gas for sale                                                                    
     and delivery.   The credit  may offset no more  than 50                                                                    
     percent of  an operator's annual income  tax liability,                                                                    
     and remains in effect for a period of 10 years.                                                                            
                                                                                                                                
     The tax credit would amount  to 10 percent of qualified                                                                    
     investments -  and 100  percent of  services associated                                                                    
     with said investment - for  each year.  For example, an                                                                    
     operator  who  spends  $20  million  in  a  given  year                                                                    
     successfully  developing  natural  gas  reserves  would                                                                    
     receive  an   income  tax  credit   of  $2   million  -                                                                    
     applicable  to  up  to  one-half   of  its  income  tax                                                                    
     liability  for that  year.   Credits  in  excess of  50                                                                    
     percent of  the operator's income tax  liability can be                                                                    
     carried over  to future years.   This is  a "successful                                                                    
     efforts"  bill, which  means that  no  credits will  be                                                                    
     given for dry holes.                                                                                                       
                                                                                                                                
     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.                                                                         
                                                                                                                                
MS. OBERTS informed members that there were experts available to                                                                
answer questions.                                                                                                               
                                                                                                                                
CHAIR KOHRING opened the public hearing.                                                                                        
                                                                                                                                
Number 2626                                                                                                                     
                                                                                                                                
JOHN A. BARNES, P.E., Alaska  Business Unit Manager, Marathon Oil                                                               
Company ("Marathon"),  came forward to provide  a presentation on                                                               
why Marathon believes HB is needed [handout in packets].                                                                        
                                                                                                                                
The committee  took an  at-ease from  4:20 p.m.  to 4:22  p.m. to                                                               
address technical difficulties.                                                                                                 
                                                                                                                                
[The  recording didn't  begin immediately;  however, the  handout                                                               
contained  all material  discussed,  with page  1  being a  cover                                                               
sheet.]   Page  2  of  the handout  read  as  follows, with  some                                                               
punctuation  and  formatting   changes,  and  with  abbreviations                                                               
spelled out in brackets:                                                                                                        
                                                                                                                                
     HB 61 - What Does it Do?                                                                                                   
                                                                                                                                
     Creates income tax credit to encourage exploration and                                                                     
     development of gas reserves south of Brooks Range.                                                                         
                                                                                                                                
      Primary focus in on Cook Inlet, but applies to other                                                                      
     basins.                                                                                                                    
                                                                                                                                
        Primary focus is on natural gas, but applies to                                                                         
      smaller oil as well (less than 150 bopd [barrels of                                                                       
     oil per day]).                                                                                                             
                                                                                                                                
          Levels the playing field somewhat with other                                                                          
     exploration opportunities around the world.                                                                                
                                                                                                                                
     Draws more E&P [exploration and production] capital to                                                                     
     Cook Inlet.                                                                                                                
                                                                                                                                
Page  3  read in  part  as  follows,  with some  punctuation  and                                                               
formatting changes:                                                                                                             
                                                                                                                                
     HB 61 - How Does it Work?                                                                                                  
                                                                                                                                
     Applies to 10% of Qualified Capital Investment.                                                                            
                                                                                                                                
     Applies to 100% of Qualified Expense.                                                                                      
                                                                                                                                
[Recording began again at this point.]                                                                                          
                                                                                                                                
Number 2580                                                                                                                     
                                                                                                                                
MR. BARNES,  noting that this  bill allows  an offset of  no more                                                               
than  50  percent  of  corporate  income tax  in  any  one  year,                                                               
explained that any amount left  over could be carried forward for                                                               
up  to   five  additional  years.     He  emphasized   that  this                                                               
[incentive]  only applies  to successful  efforts.   Another  key                                                               
point is  that it could be  factored into economic analyses  as a                                                               
company  analyzes various  opportunities.   Currently, he  noted,                                                               
the State  of Alaska has  some other incentive programs  that are                                                               
attractive, but  often those  only kick in  at the  discretion of                                                               
the commissioner  of the Department  of Natural  Resources (DNR).                                                               
Thus there  is uncertainty, until  after the investment  is made,                                                               
as to whether those would be applicable in any one case.                                                                        
                                                                                                                                
MR. BARNES discussed  page 4 of the handout,  which addressed why                                                               
HB  61 is  needed.   He said  this is  probably the  most salient                                                               
point:  natural gas reserves  have been declining and continue to                                                               
do so in Cook Inlet.   The current estimate of proven natural gas                                                               
reserves is  about 2 trillion  cubic feet (Tcf) or  2,000 billion                                                               
cubic feet (Bcf),  based on the most recent DNR  report.  Despite                                                               
recent  increases  in   [exploration]  activity  there,  reserves                                                               
aren't being  replaced on  an annual basis.   He  explained, "You                                                               
will only  have a  sustainable business if  you replace  what you                                                               
produced  in any  one year;  otherwise,  you are  in a  declining                                                               
business."                                                                                                                      
                                                                                                                                
Number 2486                                                                                                                     
                                                                                                                                
MR.  BARNES referred  to  page  5, a  graph  labeled "Cook  Inlet                                                               
Proven Gas Reserves" that looks  at the years 1990-2002 [with DNR                                                               
cited as the source].  He  pointed out that in 1990 reserves were                                                               
in  decline and  totaled about  3,500 Bcf.   From  1995 to  1997,                                                               
there  was  an  increase  of  just   over  1  Tcf,  a  result  of                                                               
recalculations rather  than drilling new  wells; he said  if that                                                               
incremental number were  put on the front of the  curve, it would                                                               
show a  decline.  He  pointed out that  [as of 2002]  about 2,000                                                               
Bcf or 2 Tcf of gas was left in Cook Inlet.                                                                                     
                                                                                                                                
MR. BARNES referred to page  6 of the handout, further addressing                                                               
why HB  61 is needed.   He said Cook Inlet  deliverability - "the                                                               
rate  at  which  you  could  produce  natural  gas"  -  has  been                                                               
declining over the last several years.                                                                                          
                                                                                                                                
MR. BARNES  turned to  page 7,  a graph  titled "Cook  Inlet Peak                                                               
Supply/Demand."    He  explained  that the  part  labeled  "Total                                                               
Requirement" would  be what is  required if "every  contract peak                                                               
requirement" occurred  at the same  moment on  the same day:   if                                                               
ENSTAR [Natural  Gas Company ("ENSTAR")]  needed the  maximum gas                                                               
for  heating  homes,  if  Chugach  [Electric  Association,  Inc.]                                                               
needed  the  maximum  for generating  electricity,  and  if  "the                                                               
industrials"  that use  gas [needed  the  maximum as  well].   He                                                               
pointed out that the amount shown  is more than 800 million cubic                                                               
feet a  day of  natural gas.   In 1997,  he reported,  Cook Inlet                                                               
could  produce  about  900  million cubic  feet  a  day;  current                                                               
estimates are about 667 million cubic  feet a day.  He emphasized                                                               
that there is a shortfall -  that Cook Inlet isn't producing what                                                               
would be required to fulfill the needs of every consumer.                                                                       
                                                                                                                                
Number 2383                                                                                                                     
                                                                                                                                
MR. BARNES addressed  page 8 of the handout,  noting that "supply                                                               
and demand  rationalization" will  occur because the  free market                                                               
works.   He said the first  occurrence is that not  enough gas is                                                               
produced to  "feed the low-price consumer";  he suggested members                                                               
had heard  testimony previously  about that.   Another  result of                                                               
scarcity is that the price of  gas rises.  He suggested ENSTAR is                                                               
probably a good measure of the  cost of gas in Cook Inlet because                                                               
it is  the local  heating utility; its  weighted average  cost of                                                               
gas (WACOG), the  price it pays to acquire gas  from "a family of                                                               
contracts," now  is about  $2.55 per  Mcf [thousand  cubic feet].                                                               
He  said the  most recent  ENSTAR gas  contract was  signed at  a                                                               
price  that has  a  floor of  $2.75  but can  range  upward to  a                                                               
"rolling average of  Henry Hub."  He pointed out  that the recent                                                               
Henry Hub price  of $15 or more  per Mcf is an  aberration in the                                                               
marketplace; in reality,  the Henry Hub price  has been averaging                                                               
$4 to $5  per Mcf.  Mr. Barnes told  members that the marketplace                                                               
works, that natural  gas prices are rising, and  that "there's an                                                               
impact of higher prices."                                                                                                       
                                                                                                                                
Number 2307                                                                                                                     
                                                                                                                                
MR. BARNES addressed page 9  of the handout, "Cook Inlet Reserves                                                               
& Resources."   He  reiterated that  current proven  reserves are                                                               
estimated at  2,000 Bcf.   At an  annual consumption rate  of 200                                                               
Bcf per year, which he said is  what is burned in Cook Inlet, the                                                               
reserve life  there is  about 10  years.   Beyond reserves  - gas                                                               
known  to  be in  the  ground  - he  explained  that  there is  a                                                               
category   called   "resources"   -   gas   that   technologists,                                                               
geophysicists,  and   geoscientists  estimate  could   be  found.                                                               
Speaking of unspecified committees, he said:                                                                                    
                                                                                                                                
     The most recent that I'm aware  of is the estimate by a                                                                    
     potential gas  committee of two resources:   a probable                                                                    
     reserves,  which  is about  a  50  percent chance  that                                                                    
     you'll  find  it,  of  about  1,050  Bcf  of  gas;  and                                                                    
       possible reserves, which is less than a 50 percent                                                                       
     probability, of about 2.1 Tcf [or] 2,100 billion cubic                                                                     
     feet.                                                                                                                      
                                                                                                                                
Number 2245                                                                                                                     
                                                                                                                                
MR.  BARNES addressed  page 10  of  the handout,  impacts to  the                                                               
State of  Alaska from HB  61.  He  said that first  and foremost,                                                               
Marathon  believes [the  bill] would  stimulate activity  in Cook                                                               
Inlet and potentially other basins,  and would aid in maintaining                                                               
Cook Inlet's current production of 200-plus  Bcf a year.  He said                                                               
200  Bcf a  year is  a significant  number.   If converted  on an                                                               
"energy basis"  to equivalent barrels of  oil a day, it  would be                                                               
roughly  33 million  barrels, about  one month's  worth of  North                                                               
Slope  production;  he  therefore suggested  viewing  Cook  Inlet                                                               
[production]  as  a  thirteenth  month's  worth  of  North  Slope                                                               
production for  the state.  He  pointed out that it  provides gas                                                               
for   the   Cook   Inlet  utilities;   provides   feedstock   for                                                               
"industrials"; and would result in jobs, royalties, and taxes.                                                                  
                                                                                                                                
Number 2195                                                                                                                     
                                                                                                                                
MR. BARNES  turned to page 11  of the handout.   He reported that                                                               
Marathon  believes the  incentive clearly  would be  positive for                                                               
the  State of  Alaska.   He  listed factors  when thinking  about                                                               
impacts:  how  many developments might be  incentivized; how much                                                               
gas will  be discovered; what the  price of the gas  will be when                                                               
it is  sold, which affects  royalty and severance tax  value; and                                                               
how  much money  will  be spent  in efforts  to  explore for  and                                                               
ultimately develop  reserves.  He called  it "successful efforts-                                                               
driven,"  since  no incentives  for  dry  holes are  included  in                                                               
HB 61.                                                                                                                          
                                                                                                                                
MR. BARNES  addressed page  12 of the  handout, which  includes a                                                               
conceptual  estimate of  fiscal impacts  to the  State of  Alaska                                                               
under  HB  61.   He  clarified  that  the assumptions  he'd  used                                                               
included  the following:   the  field size  of the  discovery was                                                               
varied from  0 Bcf to 500  Bcf; and he'd used  a development-cost                                                               
estimate of  $.50 per Mcf,  a royalty of 12.5  percent, severance                                                               
tax at  7.5 percent, ad valorem  at 2.7 percent, and  a gas sales                                                               
price of $2.50  per Mcf.  He noted that  other parties might vary                                                               
these assumptions for their own analyses.                                                                                       
                                                                                                                                
Number 2132                                                                                                                     
                                                                                                                                
MR. BARNES turned  attention to page 13, a  table labeled "Fiscal                                                               
Impact to  State of Alaska."   Choosing a discovery with  a field                                                               
size of 50  Bcf as an example, he explained  that the development                                                               
cost for  that field  - what  the operator  would spend  to drill                                                               
wells  and probably  put  in  facilities -  would  be around  $25                                                               
million.  The  tax credit proposed in the bill,  at 10 percent of                                                               
[the  taxpayer's qualified  capital investment],  would be  about                                                               
$2.5 million.  The gross revenue  generated by the field would be                                                               
about  $125 million.    The royalty  received  [at 12.5  percent]                                                               
would  be  about  $15.6  million.   The  severance  tax  [at  7.5                                                               
percent] would  be $9.3  million.   And the  ad valorem  would be                                                               
estimated  at  about  $1  million.    Therefore,  the  total  tax                                                               
generated  through this  discovery  would be  about $26  million,                                                               
about 10 times the value of the tax credit.                                                                                     
                                                                                                                                
MR.  BARNES  turned  to  page   14,  a  graph  illustrating  [the                                                               
information on page  13].  He pointed out that  the tax credit is                                                               
rather low  on the curve,  but that  the lines showing  the total                                                               
development cost and total tax take  are about the same.  He said                                                               
it means, on  average, that the money an  operator spends finding                                                               
and developing  a field  is [about  the same]  as what  the state                                                               
might ultimately receive in royalty and other tax payments.                                                                     
                                                                                                                                
Number 2025                                                                                                                     
                                                                                                                                
MR. BARNES discussed  conclusions on page 15 of the  handout.  He                                                               
noted that there might be a  question of how many of these fields                                                               
truly need  incentives.  Based  on this conceptual tax  model, he                                                               
said, if only one field  were incentivized, that tax credit would                                                               
generate  enough other  taxes to  pay  for the  "incentivization"                                                               
that the state might lose, so  to speak, from ten other fields of                                                               
roughly the same size.                                                                                                          
                                                                                                                                
MR. BARNES  told members Marathon  believes the credit  is needed                                                               
now,  and that  he believes  there isn't  enough exploration  and                                                               
development  activity   in  Cook   Inlet  now  to   meet  demand.                                                               
Providing  an  example,  he  reported  that  recently  [Marathon]                                                               
advertised to  hire four production operators,  and received more                                                               
than  90 applications  from people  looking for  work in  the gas                                                               
fields  there.   He also  pointed out  that new  discoveries take                                                               
about three years  to bring to "first gas"  because of permitting                                                               
and  other issues.   He  said Marathon  is very  appreciative and                                                               
supportive  of  efforts  underway   to  look  at  the  permitting                                                               
process; he suggested that would be good for the state as well.                                                                 
                                                                                                                                
Number 1958                                                                                                                     
                                                                                                                                
MR.  BARNES addressed  the final  page of  the handout,  page 16,                                                               
suggesting someone would look for  the following to determine the                                                               
success of this  legislation:  increased lease  activity by those                                                               
looking  to  acquire  leases; increased  drilling  rig  activity;                                                               
increased construction activity;  increased production; increased                                                               
deliverability; and that credits are  being applied for, which is                                                               
"the measure that  new gas is being found."   He pointed out that                                                               
under  the economic  scenario  he'd  proposed, approximately  $10                                                               
would be  spent successfully to  develop new reserves,  and about                                                               
$10 would come to the state as new tax revenue.                                                                                 
                                                                                                                                
CHAIR  KOHRING  commended  Mr.   Barnes  for  presenting  such  a                                                               
compelling argument.                                                                                                            
                                                                                                                                
Number 1901                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD referred to page  3 of the handout, which                                                               
said this would  apply to 100 percent of qualified  expenses.  He                                                               
asked,  when Mr.  Barnes had  explained the  figures on  page 13,                                                               
whether those included the qualified expenses.                                                                                  
                                                                                                                                
MR.  BARNES answered  that it  is intended  to be  included.   He                                                               
suggested perhaps it is a  problem of wording or misunderstanding                                                               
between how  an oil and  gas company might present  the economics                                                               
and  how the  state  might draft  the  bill.   He  said the  100-                                                               
percent-of-service  charge would  be intended  to represent  "the                                                               
intangibles  for  labor  costs  that  might  be  associated  with                                                               
putting the tangible - the iron -  in the ground, so to speak, or                                                               
to  build  a  facility."    He  suggested  this  committee  or  a                                                               
subsequent one  might want to  discuss a language change  in this                                                               
regard, but  said it is intended  that it be represented  in that                                                               
10 percent of the cost.                                                                                                         
                                                                                                                                
Number 1834                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said he was  glad to hear Mr. Barnes talk                                                               
about the  fact that Cook Inlet  [is estimated to have]  10 years                                                               
for proven  reserves and  perhaps 15 for  probable reserves.   He                                                               
expressed concern  about ensuring that the  resource is available                                                               
for  economic  development  and   growth  there.    Referring  to                                                               
testimony  by  Mr. Barnes  about  gas  prices, he  asked  whether                                                               
supply  and demand  wouldn't go  a long  way towards  solving the                                                               
problem if, in fact, the reserves were there.                                                                                   
                                                                                                                                
MR. BARNES responded:                                                                                                           
                                                                                                                                
     My view  would be  that if you  could depend  solely on                                                                    
     market conditions,  ... probably  ... you'd  see prices                                                                    
     increase  until there  was  sufficient stimulation  for                                                                    
     activity.  And  then you'd have activity,  and then ...                                                                    
     you might  find enough  gas for supply-demand  to drive                                                                    
     it down again. ... That  would be ... one model; you're                                                                    
     correct.    Alternatively,   if  sufficient  drive  was                                                                    
     created soon enough, you  might actually see sufficient                                                                    
     activity to  find gas that might  moderate that supply-                                                                    
     demand marketplace action you were talking about.                                                                          
                                                                                                                                
Number 1711                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked whether it is  whatever [Marathon]                                                               
expends  in exploration  and production  for new  production that                                                               
would qualify [under the bill].                                                                                                 
                                                                                                                                
MR. BARNES answered:                                                                                                            
                                                                                                                                
     It's intended  to represent  -- into  the pot  of funds                                                                    
     that  would  qualify  would  be  those  funds  expended                                                                    
     towards the  exploration and development  of new  - and                                                                    
     that's ... the  critical term, "new" -  gas reserves or                                                                    
     oil, if you found oil and  it was a small enough field.                                                                    
     So   it's  not   your   ongoing,  day-by-day   expenses                                                                    
     associated   with  your   current  activities.     It's                                                                    
     expenses associated  with finding and then  bringing to                                                                    
     production ... that new field.                                                                                             
                                                                                                                                
Number 1585                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  surmised that  it  wouldn't  be for  an                                                               
existing oil well,  then.  He asked, "Does  it occur geologically                                                               
in Cook  Inlet that you  can ... drill a  well maybe for  gas and                                                               
then have some incidental production of oil?"                                                                                   
                                                                                                                                
MR. BARNES  replied, "Not  very often.   But,  again, if  you did                                                               
find a marginal  oil well by happenstance, I don't  know what the                                                               
probability  would  be,  but  the  intent  would  be  to  try  to                                                               
recognize that those economics are difficult as well."                                                                          
                                                                                                                                
REPRESENTATIVE  ROKEBERG suggested  that  if  a $20-million  well                                                               
only produced  150 barrels  a day,  the company  would get  a tax                                                               
credit anyway.   He asked  whether that  was what Mr.  Barnes was                                                               
saying.                                                                                                                         
                                                                                                                                
MR. BARNES said a company  could produce a 150-barrel-a-day well,                                                               
but if  it cost  $20 million  to get  there, it  would be  a very                                                               
risky proposition and  a company might not choose  to operate it.                                                               
He indicated  that the intent  is, should somebody find  it, that                                                               
[this incentive] would provide an opportunity [for production].                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked, if  there were an  areawide lease                                                               
for  which the  company  had  a bonus  bid,  whether that  dollar                                                               
amount also  would be  part of  the qualified  capital investment                                                               
because of its being real property.                                                                                             
                                                                                                                                
MR. BARNES replied, "Probably so.  I would think so."                                                                           
                                                                                                                                
Number 1512                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG suggested  "everything  but the  kitchen                                                               
sink" is included,  and mentioned cost accounting.   He expressed                                                               
concern about  the 150 barrels  a day [as  a limit] and  how that                                                               
would  work  out.   Furthermore,  he  said, the  legislature  has                                                               
passed  bills previously  under  which certain  fields have  been                                                               
designated for  special royalty treatment; he  also mentioned the                                                               
"180(j) sections"  for royalty,  which have  never been  used, as                                                               
well  as  a bill  he  and  Chair Kohring  are  working  on as  an                                                               
incentive  for marginal  fields.   He asked  how these  different                                                               
programs fit together.                                                                                                          
                                                                                                                                
MR. BARNES agreed  that there is a  "family" of royalty-reduction                                                               
programs and policies from legislation  that has passed.  He said                                                               
one  is specific  to certain  fields,  which to  his belief  must                                                               
begin  production by  the end  of  this year.   There  also is  a                                                               
royalty  reduction  available  for  a marginal  field,  but  that                                                               
doesn't stimulate  new activity; it only  maintains production in                                                               
an older  field.  Furthermore, a  "discovery royalty" [incentive]                                                               
is  at the  discretion  -  ultimately, to  his  belief  - of  the                                                               
commissioner of DNR; to his  understanding, he said, no field has                                                               
actually  qualified under  that.   Mr. Barnes  offered Marathon's                                                               
view  that those  are more  difficult to  predict with  regard to                                                               
economics, whereas  this could be  "run through  your calculator"                                                               
and is  not discretionary; it  is easier to  analyze economically                                                               
and  easier  to propose to management.   He added, "Discretionary                                                               
ones are more difficult, obviously."                                                                                            
                                                                                                                                
Number 1303                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  offered   his  understanding  that  the                                                               
Division of  Oil & Gas  has indicated  a producer or  operator on                                                               
the North  Slope could "come to  the Cook Inlet and  buy existing                                                               
production or  invest in an  existing well," which  would provide                                                               
some offset  against North  Slope tax  obligations to  the state.                                                               
He asked whether Marathon has looked at that.                                                                                   
                                                                                                                                
MR.  BARNES noted  that  the  bill clearly  says  it  is for  the                                                               
exploration and development  of new reserves.  He  said he didn't                                                               
understand how it would apply to buying existing production.                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG   again  asked  whether  a   tax  credit                                                               
developed in Cook Inlet could  be used to offset [tax obligations                                                               
relating to the North Slope].                                                                                                   
                                                                                                                                
MR.  BARNES indicated  that  if a  company  positioned itself  to                                                               
offset $10  million of North Slope-derived  corporate income tax,                                                               
the  company  would  have  spent   $100  million  in  Cook  Inlet                                                               
successfully  finding and  developing natural  gas.   He said  he                                                               
would  think  that was  great,  because  that 10-to-1  multiplier                                                               
would indicate that  the $100 million spent by  the company ought                                                               
to  generate new  taxes.   He  added, "I  would  believe that  an                                                               
offset of  tax from another ...  basin would not be  as important                                                               
as the fact that you did find ... new gas reserves."                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG  clarified his point:   it isn't specific                                                               
to a particular project.  He  suggested the company would have to                                                               
prove  that expenditures  which met  the qualification  under the                                                               
statute occurred only [south of the Brooks Range].                                                                              
                                                                                                                                
MR. BARNES  said it would  be "project-derived" and  that perhaps                                                               
there would be a way to  qualify what the 100 percent of expenses                                                               
means.   He  suggested it  is meant  to represent  costs directly                                                               
applicable to  that activity, rather than  overhead for corporate                                                               
offices and so forth.  That wouldn't be the intent, he said.                                                                    
                                                                                                                                
Number 1035                                                                                                                     
                                                                                                                                
CHAIR KOHRING informed  members that Mark Myers  [director of the                                                               
Division of Oil & Gas, DNR]  and Chuck Logsdon [of the Department                                                               
of  Revenue]   were  available   via  teleconference   to  answer                                                               
questions or offer technical expertise.                                                                                         
                                                                                                                                
Number 1012                                                                                                                     
                                                                                                                                
PAUL  RICHARDS,  Lobbyist  for  VECO  Corporation,  testified  in                                                               
support of HB 61.  He said:                                                                                                     
                                                                                                                                
     VECO  believes  efforts which  incentivize  exploration                                                                    
     and development in Alaska are  crucial to the long-term                                                                    
     fiscal viability  of this great  state and  the overall                                                                    
     welfare  of its  citizens.   VECO  is a  multi-national                                                                    
     corporation   that   provides    services   -   project                                                                    
     management,  engineering,   procurement,  construction,                                                                    
     operations, and maintenance -  to the energy, resource,                                                                    
     and process ... industries  [and] to the public sector.                                                                    
     VECO's mission is to make  our clients successful while                                                                    
     creating stakeholder  value and providing [a]  safe and                                                                    
     rewarding place to work.                                                                                                   
                                                                                                                                
     VECO is an  Alaskan company founded in  1968 with their                                                                    
     first project in Cook Inlet,  and has built on existing                                                                    
     Alaskan  expertise  to  provide   added  value  to  its                                                                    
     clients.    The  results  are  many  long-term  working                                                                    
     partnerships,  well-trained  teams,  and a  network  of                                                                    
     regional   offices   around   the  world,   which   use                                                                    
     integrated,  state-of-the-art  project  management  and                                                                    
     communication  systems to  provide local  solutions for                                                                    
     the smallest to the large mega-projects.                                                                                   
                                                                                                                                
     Values  are important  to VECO.   They  have built  the                                                                    
     corporation on several premises,  which are the keys to                                                                    
     our continuing success.  VECO  employees work every day                                                                    
     to  ensure  that  every  job  reflects  those  building                                                                    
     stones.  VECO strives to  ensure that more Alaskans are                                                                    
     given  an opportunity  for employment  in Alaska.   And                                                                    
     with  your  help  today  in passing  HB  61,  this  can                                                                    
     continue to be a reality.                                                                                                  
                                                                                                                                
Number 0880                                                                                                                     
                                                                                                                                
MR. RICHARDS continued:                                                                                                         
                                                                                                                                
     This  being  said,  VECO   has  reviewed  the  proposed                                                                    
     legislation and [finds] HB 61  creates an incentive for                                                                    
     operating  companies to  explore  for  and develop  new                                                                    
     sources of natural gas in  Alaska, and particularly the                                                                    
     Cook  Inlet.   What  does  this mean  for  VECO?   Most                                                                    
     importantly,  it means  new construction,  maintenance,                                                                    
     and operating  jobs for our  employees.  It  also means                                                                    
     continued  economic  stimulus   for  local  communities                                                                    
     where employees live, work, and shop.                                                                                      
                                                                                                                                
     As most of you recognize,  Alaska's economy has a cycle                                                                    
     of boom  and bust.   Unfortunately, all too  often this                                                                    
     cycle is  driven by outside  forces.  VECO  is strongly                                                                    
     supportive  of  efforts  by this  legislature  and  the                                                                    
     administration  to create  an environment  where Alaska                                                                    
     controls its  own fate.  Encouraging  and incentivizing                                                                    
     development through your support  of HB 61 accomplishes                                                                    
     this.                                                                                                                      
                                                                                                                                
     It   is  particularly   important  to   remember,  this                                                                    
     incentive applies ... only to  successful efforts.  For                                                                    
     this incentive  to be applicable, an  operating company                                                                    
     must have or acquire leases.   It must then run seismic                                                                    
     to identify  exploration targets.   Then it  must drill                                                                    
     one or more wells.   If a discovery is made, production                                                                    
     facilities   must   be   installed,   and   potentially                                                                    
     pipelines must be laid.   This represents a lot of work                                                                    
     - a  lot of jobs for  Alaskans.  After the  field is on                                                                    
     production,  it   provides  more  jobs,   royalty,  and                                                                    
     severance  taxes.   Finally,  the  incentive   is  only                                                                    
     applied  to state  income tax,  meaning the  company is                                                                    
     already  making  money  in Alaska  and  supporting  the                                                                    
     state and its economy.  This is all good news.                                                                             
                                                                                                                                
     The  Cook Inlet  natural gas  business is  an important                                                                    
     part of Alaska's economy.     It is important for local                                                                    
     citizens  who  heat  and   light  their  homes  through                                                                    
     natural  gas.   It  is  important  to those  industries                                                                    
     which  use natural  gas.   VECO believes  HB 61  can be                                                                    
     important as well, and supports it.                                                                                        
                                                                                                                                
Number 0681                                                                                                                     
                                                                                                                                
CHAIR  KOHRING   commended  VECO  Corporation  for   its  Alaskan                                                               
investment and  optimism about the  future.  He said  he supports                                                               
this  legislation   as  well,  characterizing  it   as  "win-win"                                                               
legislation that  will be good  for the industry, the  state, and                                                               
the general public.                                                                                                             
                                                                                                                                
The committee took an at-ease from 4:55 p.m. to 4:58 p.m.                                                                       
                                                                                                                                
CHAIR KOHRING informed listeners  that during the at-ease members                                                               
had indicated  the desire to  hear more testimony from  Mr. Myers                                                               
or Mr.  Logsdon, particularly  with regard  to royalties  lost or                                                               
gained.  He  announced that the committee would  continue to take                                                               
testimony and then hold the bill over.                                                                                          
                                                                                                                                
Number 0514                                                                                                                     
                                                                                                                                
LARRY HOULE,  General Manager,  Alaska Support  Industry Alliance                                                               
("Alliance"), informed members that  the Alliance is a nonprofit,                                                               
statewide   trade  association   with   chapters  in   Anchorage,                                                               
Fairbanks,  and  Kenai.    It  comprises  more  than  420  member                                                               
companies that derive their livelihood  from Alaska's oil and gas                                                               
industry; at any  given time, its employment  base exceeds 25,000                                                               
Alaskans.    Specifying that  the  Alliance  membership is  fully                                                               
supportive of  HB 61, he  suggested that  in this time  of fiscal                                                               
uncertainty the  state needs to  promote as much  exploration and                                                               
development of  oil and gas as  possible.  He said  the incentive                                                               
proposed in  HB 61  seems especially suited  for the  mature Cook                                                               
Inlet  basin, which  serves  important gas  market  on the  Kenai                                                               
[Peninsula],  in Anchorage,  and in  the Matanuska-Susitna  area.                                                               
He  also suggested  that  passing  legislation like  HB  61 is  a                                                               
proper role for government.                                                                                                     
                                                                                                                                
MR. HOULE offered  that one outstanding feature of HB  61 is that                                                               
the tax credits  apply only to successful efforts.   He suggested                                                               
the bill will promote the drilling  of new wells, and said in the                                                               
oil industry  it is  a simple mathematical  equation:   "the more                                                               
holes we  drill, the  more gas  and oil  that will  be produced."                                                               
Noting that state  tax-incentive programs of this  nature come in                                                               
many shapes and  sizes and are common throughout  the country, he                                                               
acknowledged that they vary in  "quantifiable effectiveness."  He                                                               
said, however, that HB 61 seems  to have the right combination to                                                               
be workable  in a  mature basin  like Cook  Inlet.   Referring to                                                               
comments  by  Representative  Rokeberg, Mr.  House  suggested  it                                                               
might  be worthwhile  for the  legislature  to explore  incentive                                                               
programs  that include  tax relief  for low-volume,  economically                                                               
marginal wells  or idle wells.   He reiterated support for  HB 61                                                               
on behalf of the 25,000 Alaskans represented by the Alliance.                                                                   
                                                                                                                                
Number 0299                                                                                                                     
                                                                                                                                
TADD  OWENS,  Executive  Director, Resource  Development  Council                                                               
(RDC), testified in support of HB 61 as follows:                                                                                
                                                                                                                                
     RDC supports  House Bill 61,  and we ask the  House Oil                                                                    
     and  Gas Committee  to  move  the legislation  forward.                                                                    
     HB 61  provides  a  tax   credit  for  exploration  and                                                                    
     development  of  natural  gas reserves  and  small  oil                                                                    
     deposits south  of the Brooks  Range.   The legislation                                                                    
     will have  a major  positive impact -  specifically, on                                                                    
     natural gas exploration and development in Cook Inlet.                                                                     
                                                                                                                                
     As the  committee has  already heard,  this legislation                                                                    
     is  needed to  help  offset the  continuing decline  in                                                                    
     Cook  Inlet's proven  natural gas  reserves.   At  this                                                                    
     time, reserves in Cook Inlet  are not being replaced on                                                                    
     an annual  basis.  In  fact, rising natural  gas prices                                                                    
     in  Cook Inlet  threaten to  greatly increase  both the                                                                    
     cost  of  living and  the  cost  of doing  business  in                                                                    
     Southcentral Alaska.                                                                                                       
                                                                                                                                
     As  with  all  of Alaska's  resource  industries,  Cook                                                                    
     Inlet  oil   and  gas  projects  compete   for  capital                                                                    
     investment  with  other   projects  around  the  globe.                                                                    
     HB 61  would   stimulate  additional   exploration  and                                                                    
     development  activity in  Cook  Inlet  by leveling  the                                                                    
     playing   field    with   other    worldwide   business                                                                    
     opportunities.    Attracting additional  private-sector                                                                    
     investment capital to Alaska  is exactly what the state                                                                    
     needs to  encourage a market sustainable  economy - one                                                                    
     that  relies  primarily  on  growing  our  exports  and                                                                    
     replacing our  imports, as opposed to  one that depends                                                                    
     on state and federal  transfer payments and low-paying,                                                                    
     low-skill jobs.                                                                                                            
                                                                                                                                
     The tax credit defined by  HB 61 would apply, as you've                                                                    
     heard, to  10 percent of a  company's qualified capital                                                                    
     investment and  100 percent of the  expenses associated                                                                    
     with that  capital investment.   However, in  any given                                                                    
     year the credit is capped  at 50 percent of a company's                                                                    
     corporate  income tax  liability.    And, perhaps  most                                                                    
     importantly -  and also  as you've  heard before  - the                                                                    
     credit will  only apply  to successful  exploration and                                                                    
     development projects,  and no reward is  granted to dry                                                                    
     holes.                                                                                                                     
                                                                                                                                
     By providing incentives  for successful exploration and                                                                    
     development,  Cook Inlet  natural  gas reserves  should                                                                    
     increase,  meaning additional  royalty, severance,  and                                                                    
     ad valorem  income to the  State of Alaska.   Increased                                                                    
     natural gas reserves in Cook  Inlet will also ensure an                                                                    
     adequate    supply   for    Southcentral   communities,                                                                    
     utilities,  and industrial  operations, meaning  stable                                                                    
     jobs and tax revenues for the region.                                                                                      
                                                                                                                                
Number 0069                                                                                                                     
                                                                                                                                
MR. OWENS concluded his testimony as follows:                                                                                   
                                                                                                                                
     The bottom line is  this:  current exploration activity                                                                    
     in Cook Inlet  is not sufficient to  meet future demand                                                                    
     for low-priced  natural gas.   House Bill 61  will help                                                                    
     provide   an   attractive  business   environment   for                                                                    
     companies  looking to  increase leasing,  drilling, and                                                                    
     construction  activities in  Cook Inlet.   Our  members                                                                    
     believe it  is a  timely piece  of legislation,  and we                                                                    
     hope  the  committee  will  see   fit  to  support  the                                                                    
     legislation.                                                                                                               
                                                                                                                                
Number 0003                                                                                                                     
                                                                                                                                
KEVIN TABLER, Manager of Land and Government Affairs, Union Oil                                                                 
Company of California (Unocal), began his testimony, indicating                                                                 
he holds the manager position for Unocal in Alaska.                                                                             
                                                                                                                                
TAPE 03-12, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
MR. TABLER, speaking in support  of HB 61, expressed appreciation                                                               
for  consideration of  the bill  as  a vehicle  to stimulate  gas                                                               
exploration and development  south of the Brooks Range.   He told                                                               
members:                                                                                                                        
                                                                                                                                
     Although we  recognize this bill  may serve  to improve                                                                    
     the economics of marginal  oil reservoirs discovered or                                                                    
     defined   while   exploring   for  gas,   it   is   the                                                                    
     identification and  development of new gas  reserves in                                                                    
     Cook Inlet  which are needed  if we are ...  to sustain                                                                    
     our local economy in Southcentral  Alaska.  Without ...                                                                    
     new   gas   reserves,    value-added   businesses   and                                                                    
     industrial   exporters   will    suffer   cutbacks   in                                                                    
     production, yielding  to the  ever-present Southcentral                                                                    
     utility needs.   These disruptions  in supply,  if left                                                                    
     unchecked, will lead to a  lower tax base, unemployment                                                                    
     and underemployment,  and loss of the  monetary cycling                                                                    
     effect as dollars change hands throughout a community.                                                                     
                                                                                                                                
     I place  an emphasis  on Cook Inlet,  as Cook  Inlet is                                                                    
     where  Unocal's infrastructure  base  and manpower  are                                                                    
     best defined.   Although  we do have  working interests                                                                    
     in  the  fields  on  the  North  Slope,  our  ownership                                                                    
     interest  is such  that we  play  a minor  role in  the                                                                    
     exploration   and  development   operations  of   these                                                                    
     fields.   While we recognize that  incentives available                                                                    
     to  North Slope  explorers  and producers  will have  a                                                                    
     beneficial impact  on Unocal, the beneficial  impact of                                                                    
     incentive legislation  in Cook Inlet is  magnified when                                                                    
     applied  to the  marginal nature  of the  mature fields                                                                    
     and the declining gas-reserve base in Cook Inlet.                                                                          
                                                                                                                                
     For this  reason, incentive legislation  such as  HB 61                                                                    
     will  help achieve  the desired  effect of  identifying                                                                    
     new  gas  reserves  by   providing  a  predictable  and                                                                    
     quantifiable credit  to help  lessen the  inherent risk                                                                    
     of costly exploration.  The  increased tax revenue from                                                                    
     additional  hydrocarbon   production  will   more  than                                                                    
     offset  the  initial  financial  impact  from  the  tax                                                                    
     credit.  The  objective is not to shift  a larger share                                                                    
     of an  existing pie to industry;  rather, the objective                                                                    
     is to increase the size of the pie for everyone.                                                                           
                                                                                                                                
Number 0215                                                                                                                     
                                                                                                                                
MR. TABLER continued:                                                                                                           
                                                                                                                                
     For  the last  several years,  Unocal has  consolidated                                                                    
     and restructured its Alaskan  operations and focused on                                                                    
     becoming  the  safest,  lowest-cost  producer  in  Cook                                                                    
     Inlet.    We  have,   either  through  purchase  and/or                                                                    
     exchange  of properties,  positioned ourselves  to have                                                                    
     the most  cost-effective operation possible.   The Cook                                                                    
     Inlet,  with  its  mature  and  declining  fields,  low                                                                    
     margin   properties,   high    operating   costs,   and                                                                    
     regulatory   uncertainty,   is   a   very   challenging                                                                    
     environment  in which  to  stay  profitable, let  alone                                                                    
     risk ... capital.   Cost cutting, in and  of itself, is                                                                    
     only a  temporary fix.   The only  sustainable solution                                                                    
     is to increase the reserve base.                                                                                           
                                                                                                                                
     Unocal's   considerable  stake   in   its  Cook   Inlet                                                                    
     infrastructure, manpower,  and capital  investments are                                                                    
     continually threatened  by internal  global competition                                                                    
     for   investment    dollars.      Evidence    of   this                                                                    
     vulnerability is  confirmed by  the recent  drilling of                                                                    
     three dry holes on the  Kenai Peninsula in an effort to                                                                    
     meet  the growing  demand of  the  natural gas  market.                                                                    
     Although  we  were  rewarded  by  a  discovery  of  the                                                                    
     Ninilchik Unit with our  partner Marathon, the expense,                                                                    
     risk,  and  uncertainty  of  success  has  reduced  our                                                                    
     Alaskan capital budget from $70  million last year down                                                                    
     to  $35  million for  2003.    Providing a  credit  for                                                                    
     successful   efforts   will  definitely   improve   the                                                                    
     attractiveness of our Alaskan exploration projects.                                                                        
                                                                                                                                
Number 0330                                                                                                                     
                                                                                                                                
MR. TABLER continued:                                                                                                           
                                                                                                                                
     Not only will  HB 61 create an  incentive for companies                                                                    
     currently active in gas exploration  in Cook Inlet, the                                                                    
     attractiveness  of such  a credit  will act  as an  ...                                                                    
     industry incentive  to those  thinking of  investing in                                                                    
     exploration south  of the Brooks  Range.  If  you think                                                                    
     of the  credit as  costing the state  $1 for  every $10                                                                    
     invested  by  someone else,  and  paid  out only  in  a                                                                    
     success scenario,  the risk to  the State of  Alaska is                                                                    
     negligible  when compared  with the  ancillary benefits                                                                    
     of new reserve identification.                                                                                             
                                                                                                                                
     In conclusion,  we believe this  bill will  add certain                                                                    
     attractive   parameters   to   companies   during   the                                                                    
     investment  decision-making process,  with very  little                                                                    
     exposure  to  the  State  of  Alaska.    Therefore,  we                                                                    
     encourage passage out of your committee.                                                                                   
                                                                                                                                
Number 0480                                                                                                                     
                                                                                                                                
CHAIR KOHRING  told Mr.  Tabler he'd  made some  excellent points                                                               
with  which  he  concurred.    He  also  thanked  Mr.  Myers  and                                                               
Mr. Logsdon  for standing  by on  teleconference.   He  announced                                                               
that HB 61 would be held over.                                                                                                  

Document Name Date/Time Subjects