Legislature(2021 - 2022)BARNES 124

02/09/2022 01:00 PM House RESOURCES

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Audio Topic
01:09:52 PM Start
01:10:23 PM HB287
02:15:15 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 287 A: OIL & GAS TAX CREDIT FUND APPROP. TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 287-A: OIL & GAS TAX CREDIT FUND APPROP.                                                                       
                                                                                                                                
1:10:23 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK  announced that the  only order of  business would                                                               
be HOUSE  BILL NO. 287, "An  Act making an appropriation  for oil                                                               
and gas tax credits; and providing for an effective date."                                                                      
                                                                                                                                
1:11:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER, as  prime sponsor,  introduced HB  287.                                                               
He explained that HB 287  provides $60 million dollars still owed                                                               
to certain  companies for oil  tax credit that was  overlooked in                                                               
the 2022 state  budget.  An oversight by  legislators occurred in                                                               
2021 while  trying to  decide the proper  funding source  for the                                                               
oil tax  credit amount of $60  million, and HB 287  provides that                                                               
funding  from  the  undesignated   general  fund.    Hundreds  of                                                               
millions of  dollars are still  owed certain companies  in Alaska                                                               
for their  portion of these  oil tax credits.   The state  has an                                                               
agreement to  repay them by  making annual installments  from the                                                               
budget.  Paying what is owed  to the state's business partners by                                                               
statute  will   protect  the  state's   credit  rating   and  put                                                               
confidence back into the state's  investors.  Last year the state                                                               
was  $60 million  short  of  that requirement  and  by rights  is                                                               
behind  in its  payment; this  bill reverses  that by  paying the                                                               
overdue note.                                                                                                                   
                                                                                                                                
1:13:37 PM                                                                                                                    
                                                                                                                                
RYAN   MCKEE,  Staff,   Representative  Rauscher,   Alaska  State                                                               
Legislature, on behalf of  Representative Rauscher, prime sponsor                                                               
of  HB 287,  provided  a  sectional analysis  of  the  bill.   He                                                               
explained  that  Section  1 appropriates  $60  million  from  the                                                               
general fund to  the oil and gas tax credit  fund (AS 43.55.028).                                                               
Section 2 specifies  that the appropriation made in  Section 1 is                                                               
for the capitalization  of a fund and does not  lapse.  Section 3                                                               
provides  that  this  act  takes   effect  immediately  under  AS                                                               
01.10.070(c).                                                                                                                   
                                                                                                                                
1:15:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRONK inquired  about success  stories that  have                                                               
come from these tax credits.                                                                                                    
                                                                                                                                
CHAIR  PATKOTAK stated  that an  answer could  be provided  after                                                               
public testimony.                                                                                                               
                                                                                                                                
1:15:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN  referenced  "sweeps"  and  asked  whether                                                               
information is  available from Legislative Legal  Services or the                                                               
Department of  Law (DOL) regarding  line 7 which states  that the                                                               
fund does not lapse.                                                                                                            
                                                                                                                                
REPRESENTATIVE RAUSCHER deferred  to state agency representatives                                                               
to provide an answer.                                                                                                           
                                                                                                                                
CHAIR PATKOTAK  suggested the answer  be provided  during invited                                                               
testimony.                                                                                                                      
                                                                                                                                
1:17:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PATKOTAK  announced   the  committee  would  hear                                                               
invited testimony on HB 287.                                                                                                    
                                                                                                                                
1:17:30 PM                                                                                                                    
                                                                                                                                
KARA  MORIARTY, President/CEO,  Alaska  Oil  and Gas  Association                                                               
(AOGA), provided  invited testimony  in support of  HB 287.   She                                                               
stated that  AOGA is the  professional trade association  for the                                                               
oil  and  gas  industry,  representing   most  of  the  companies                                                               
exploring, producing,  refining, and transporting in  Alaska.  An                                                               
AOGA priority  is to maintain  fiscal stability  and consistency,                                                               
which includes a long-term solution  for the payment of over $600                                                               
million in  outstanding liability  for the refundable  tax credit                                                               
program, sometimes  called cashable  credits, a program  that has                                                               
ended but the payments remain.                                                                                                  
                                                                                                                                
MS. MORIARTY recounted  that the legislature created  the oil and                                                               
gas  tax credit  program over  a  decade ago  to incentivize  and                                                               
encourage small producers  with less than 50,000  barrels per day                                                               
of  production to  come to  Alaska and  explore.   Companies like                                                               
ExxonMobil, ConocoPhillips, and BP  were never eligible and never                                                               
received  any  of these  cashable  credits,  and they  would  not                                                               
receive  any  of  the  $60   million  appropriation  in  HB  287.                                                               
Originally  the credits  were not  cashable, but  the legislature                                                               
allowed  for  direct cash  payments  after  the program  started.                                                               
Numerous small companies came to  Alaska and other existing small                                                               
companies and refineries invested  money in exploration projects,                                                               
production  enhancements, and  refinery upgrades  and expansions.                                                               
The  state also  benefitted because,  to ensure  that the  credit                                                               
would be approved, the companies  had to provide proprietary data                                                               
that  they would  not normally  provide to  the state.   However,                                                               
companies have yet to be fully paid.                                                                                            
                                                                                                                                
MS. MORIARTY further  recounted that when the  credit program was                                                               
no longer  feasible due  to the  state's fiscal  position several                                                               
years  ago, all  these cashable  credits, which  were investment-                                                               
based production tax credits for  the North Slope and Cook Inlet,                                                               
were completely phased out with the  passage of House Bill 247 in                                                               
2016 and  House Bill 111 in  2017.  The gas  storage facility and                                                               
refinery credits have  also now sunset.  This means  the state no                                                               
longer offers refundable or cashable oil and gas tax credits.                                                                   
                                                                                                                                
MS. MORIARTY  related that  nearly half  of AOGA's  membership is                                                               
impacted  by this  outstanding liability.    These include  Petro                                                               
Star, an in-state refinery and  wholly owned subsidiary of Arctic                                                               
Slope Regional  Corporation; explorers  like Repsol, which  has a                                                               
49 percent stake  in the Pikka Project; and  small producers like                                                               
BlueCrest Energy, Eni, Furie-Hex, and  Glacier Oil and Gas.  They                                                               
all earned  these credits by  investing in Alaska to  explore and                                                               
hopefully develop resources under the letter of the law.                                                                        
                                                                                                                                
1:20:32 PM                                                                                                                    
                                                                                                                                
MS.  MORIARTY said  today's  question is  not  whether the  state                                                               
should  have  offered  this  oil  and  gas  tax  credit  program.                                                               
Rather, today's  question with HB  287 is, "Should the  state pay                                                               
the minimum  statutory payment  as outlined  in AS  43.55.028 for                                                               
the credit  they have  already earned?"   Statewide,  hundreds of                                                               
millions  of  barrels of  oil  and  trillions  of cubic  feet  of                                                               
natural gas sit in the ground  waiting to be developed by many of                                                               
the very same companies that  were influenced to invest in Alaska                                                               
by the  state's credit  programs.   Even strictly  Alaska focused                                                               
companies rely on  owners and investors from all  over the world.                                                               
While prices are  higher today than a year ago,  the industry has                                                               
not fully  recovered from the  pandemic.  There are  currently 30                                                               
percent  less  workers in  Alaska  than  in September  2019,  the                                                               
highest percentage  of any  industry in  the state.   Competition                                                               
for capital  has never been  greater and payment for  the pending                                                               
cashable  credits  is  a key  consideration  for  some  companies                                                               
evaluating  their  current  and   future  investments  in  Alaska                                                               
compared with investment opportunities elsewhere.                                                                               
                                                                                                                                
MS. MORIARTY recounted that in  2018 the legislature attempted to                                                               
pay  down this  outstanding debt  by  passing House  Bill 331,  a                                                               
subject-to-appropriation  bond program.    However, in  September                                                               
2020   the    Alaska   Supreme    Court   found    this   program                                                               
unconstitutional.    While the  state  waited  for the  court  to                                                               
decide the  fate of the  bonding program, there was  zero funding                                                               
for these credits  during fiscal years 2020 and 2021.   In fiscal                                                               
year  2022  (FY 22)  the  legislature  funded  a portion  of  the                                                               
minimum payment, and HB 287  would fund the remaining portion for                                                               
the current fiscal  year.  The governor has  included the minimum                                                               
statutory payment  in his  proposed budget for  FY 23,  which the                                                               
legislature will vote on later this session.                                                                                    
                                                                                                                                
1:24:13 PM                                                                                                                    
                                                                                                                                
MS.  MORIARTY   said  AOGA   recognizes  the   structural  fiscal                                                               
challenges faced by the State of  Alaska.  Therefore, AOGA is not                                                               
advocating  for a  full immediate  payout of  the more  than $600                                                               
million for the  credits, nor is AOGA advocating  for the program                                                               
to return.  Also, AOGA does  not support any notion to tax others                                                               
to cover  this tab.   What  AOGA does support  is that  the state                                                               
fund the minimum statutory payment  and HB 287 would true-up this                                                               
fiscal year to  the statutory minimum amount.   Providing funding                                                               
for this statutory minimum payment  is very important as it would                                                               
send  a message  to  investors,  producing companies,  explorers,                                                               
refineries, and  financial institutions that Alaska  has a stable                                                               
and attractive business environment and is a trusted partner.                                                                   
                                                                                                                                
1:25:57 PM                                                                                                                    
                                                                                                                                
CONOR  BELL,   Fiscal  Analyst,  Legislative   Finance  Division,                                                               
Legislative Agencies  and Offices, provided invited  testimony on                                                               
the technical aspects  of HB 287.  He stated  that the ability to                                                               
cash out these  credits was phased out in 2016  and 2017 and that                                                               
large producers are ineligible,  although for large producers the                                                               
credits are  transferable.   If a  smaller producer  has cashable                                                               
tax credits but  is unable to use them in  its own production tax                                                               
payments, the  small producer can  sell those credits to  a major                                                               
producer  that can  then apply  them against  its tax  liability.                                                               
The  Department of  Revenue (DOR)  estimates that  there will  be                                                               
$587 million remaining  in cashable tax credits at the  end of FY                                                               
22.   That could change  depending on  if major producers  have a                                                               
large  tax liability  and  decide it  is  worthwhile to  purchase                                                               
credits from  smaller producers  that they  can then  use against                                                               
their own tax liability.                                                                                                        
                                                                                                                                
MR. BELL, regarding the  appropriation, related that historically                                                               
10-15 percent of  the amount of production taxes  levied has been                                                               
appropriated.   The  percentage is  based on  the production  tax                                                               
calculation before factoring  in credits, he explained,  so it is                                                               
an  amount  larger  than  looking at  the  total  production  tax                                                               
revenue forecasted  and dividing by  10.   It is 10  percent when                                                               
oil  prices are  forecasted to  be above  $60 per  barrel and  15                                                               
percent  when oil  prices  are  forecasted to  be  below $60  per                                                               
barrel.   Statute  doesn't specify,  but DOR  typically uses  the                                                               
spring forecast.   Also, instead  of basing the  appropriation on                                                               
the  actual revenue  in a  fiscal  year, the  division bases  the                                                               
appropriation on the spring projection  in DOR's forecast.  There                                                               
is some ambiguity  in the statute as to how  to interpret both of                                                               
those  things,  and   there  is  ambiguity  as   to  whether  the                                                               
appropriation  should be  made  on the  gross  before taking  out                                                               
credits or  should be  made after  credits, but  [the Legislative                                                               
Finance  Division]  uses  the interpretation  the  Department  of                                                               
Revenue applies and that is what  is being spoken to here.  Based                                                               
on DOR's forecasted  oil price and production,  DOR's forecast of                                                               
production  tax  credits  was $114  million.    Originally,  $114                                                               
million was in the FY 22  budget, with $60 million of that coming                                                               
from  the constitutional  budget reserve  (CBR).   Since the  CBR                                                               
vote was not achieved, the $54  million from the general fund was                                                               
distributed into  the oil and  gas tax  credit fund, and  the $60                                                               
million was not appropriated.  So,  HB 287 would make up that $60                                                               
million to  get to that  $114 million forecasted in  DOR's spring                                                               
forecast.                                                                                                                       
                                                                                                                                
MR.  BELL, regarding  Representative Hannan's  question, said  he                                                               
doesn't  foresee  [sweeps]  being   an  issue  here  since  these                                                               
appropriations will  be made to the  oil and gas tax  credit fund                                                               
and distributed to producers and  companies before the end of the                                                               
fiscal year.   By the end of  the year the balance  would be zero                                                               
again, so no sweep would occur.                                                                                                 
                                                                                                                                
1:31:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  sought to  understand the mechanics.   She                                                               
asked  whether  the   oil  and  gas  tax  credit   fund  must  be                                                               
capitalized annually for any tax credits to be paid out.                                                                        
                                                                                                                                
MR.  BELL replied  that  he isn't  sure if  it  is required,  but                                                               
historically  it has.   He  explained that  a complicated  set of                                                               
factors  determines who  gets  paid first,  but  since there  are                                                               
plenty of firms  waiting for that money, there would  be no issue                                                               
in distributing that money before the end of the fiscal year.                                                                   
                                                                                                                                
1:32:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN addressed  the terms  "capitalization" and                                                               
"does not  lapse" [in Section  2 of  the bill] and  asked whether                                                               
this is  an unusual  way to  do an appropriation.   She  said she                                                               
does not  dispute that  the state  owes tax  credits, but  she is                                                               
questioning  the mechanism  of  this payment.    She offered  her                                                               
understanding that a  bill cannot be passed which  binds a future                                                               
legislature  but noted  that HB  287 would  establish a  one-time                                                               
appropriation and speaks about it not lapsing.                                                                                  
                                                                                                                                
REPRESENTATIVE RAUSCHER  responded that  he would speak  with the                                                               
drafters at Legislative Legal Services  and provide the committee                                                               
with an answer for why the language is drafted this way.                                                                        
                                                                                                                                
1:33:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRONK  requested  that Ms.  Moriarty  share  some                                                               
success stories from the tax credit.                                                                                            
                                                                                                                                
MS. MORIARTY answered  that there are many success  stories.  She                                                               
said there are  companies that came to Alaska  that were eligible                                                               
for the credits,  such as Hilcorp.  Hilcorp was  eligible for the                                                               
credits  because its  production  at the  time  was under  50,000                                                               
barrels a  day while it  was solely in  Cook Inlet.   Hilcorp was                                                               
successful and purchased some assets  on the North Slope prior to                                                               
purchasing Prudhoe Bay.   Once Hilcorp purchased  those assets it                                                               
was no longer qualified for cashable credits.                                                                                   
                                                                                                                                
1:35:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS  asked whether  he is correct  in recalling                                                               
that the legislature  voted to appropriate funds  but didn't have                                                               
enough votes for  a super majority to appropriate  the funds from                                                               
the CBR.                                                                                                                        
                                                                                                                                
MR. BELL  confirmed that  is correct.   He  said $54  million was                                                               
appropriated from  the general  fund and  $60 million  would have                                                               
been  appropriated from  the constitutional  budget reserve,  but                                                               
there was no draw from the CBR.                                                                                                 
                                                                                                                                
REPRESENTATIVE FIELDS  noted that Representative Wool  has a bill                                                               
to backfill other programs that  were swept, which relates to the                                                               
same failure to  achieve a super majority.  He  asked that HB 287                                                               
be contextualized with Representative Wool's bill.                                                                              
                                                                                                                                
MR. BELL responded that he  cannot speak to Representative Wool's                                                               
bill offhand,  but he will investigate  that and get back  to the                                                               
committee with an answer.                                                                                                       
                                                                                                                                
REPRESENTATIVE FIELDS  expressed his frustration, as  he voted to                                                               
fund these.  Every year,  he opined, the administration has tried                                                               
to  leverage  legislators'  votes  on  the budget  as  a  way  of                                                               
achieving  an  overdraw  of  the permanent  fund  for  which  the                                                               
administration does  not have the  votes.  When there  aren't the                                                               
votes for an  overdraw, then here things are.   It is frustrating                                                               
for industry and many other programs.                                                                                           
                                                                                                                                
1:37:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  offered  his  understanding  that  many                                                               
companies  that had  credits coming  to  them had  to sell  their                                                               
interest for pennies  on the dollar, and some  of those companies                                                               
no longer exist for a variety of reasons, including this.                                                                       
                                                                                                                                
MS. MORIARTY  confirmed that some  companies which  had qualified                                                               
for  and generated  a lot  of  credits have  left Alaska,  Caelus                                                               
Energy  being one.   Caelus  sold  its only  asset, the  Oooguruk                                                               
[offshore oil field in the Beaufort  Sea], and Caelus was a major                                                               
lease  holder as  well.   Caelus is  no longer  in Alaska  partly                                                               
because it  was not getting  paid on  a consistent basis.   Other                                                               
companies that are still in Alaska  have had to either sell their                                                               
credits for much  less value or refinance their loans  for a much                                                               
higher interest rate.   Some contractors were  also impacted when                                                               
companies didn't have the ability to  pay their bills.  So, there                                                               
have been good stories as well as challenging stories.                                                                          
                                                                                                                                
1:39:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  asked whether  a company must  be actively                                                               
in  business in  Alaska to  receive the  tax credits  that it  is                                                               
owed.  For example, whether a  company would still be eligible to                                                               
receive the  tax credits that  it is owed  if it didn't  sell its                                                               
credits and didn't go bankrupt but is no longer in Alaska.                                                                      
                                                                                                                                
MS.  MORIARTY   offered  her  understanding  that   many  of  the                                                               
companies  which are  no longer  in Alaska  sold their  assets to                                                               
somebody else,  who now holds  that tax credit certificate.   She                                                               
deferred   to  Ms.   Colleen  Glover   to  confirm   whether  her                                                               
understanding is correct.                                                                                                       
                                                                                                                                
1:40:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  offered her understanding that  the credit                                                               
is with the lease, so if a  company no longer holds the lease, it                                                               
can no longer  get the credit, so  it is the same  as selling off                                                               
the asset in some other way.                                                                                                    
                                                                                                                                
MS. MORIARTY  answered "potentially,"  but qualified that  she is                                                               
only  speaking to  those  examples that  she is  aware  of.   She                                                               
deferred to Ms. Glover for further clarification.                                                                               
                                                                                                                                
1:41:03 PM                                                                                                                    
                                                                                                                                
COLLEEN  GLOVER, Director,  Tax Division,  Department of  Revenue                                                               
(DOR), specified  that there  are tax credits  and then  there is                                                               
the  cash  provision, which  is  limited  to small  producers  or                                                               
explorers.   They are  transferable to  other entities  and those                                                               
entities  don't have  to  be  major oil  producers,  they can  be                                                               
transferred to  any oil  and gas production  taxpayer that  has a                                                               
tax liability.  So, they can be  sold and used by another oil and                                                               
gas production taxpayer.                                                                                                        
                                                                                                                                
MS. GLOVER  explained that as  far as  the tax credit,  there are                                                               
some limitations  when a  company changes or  leases change.   If                                                               
the company fails, much of it  is based on tax identification and                                                               
how  the  company  is  structured,  so it  depends  on  what  the                                                               
business transaction is.   If a company goes out  of business and                                                               
sells things,  sometimes those credits  go with the  new company,                                                               
but  there  are many  factors  in  play, not  just  one.   It  is                                                               
situational, and  there are some  instances wherein  interests in                                                               
leases can be  sold to somebody else and those  tax credits don't                                                               
go with  that lease interest.   The  entity can transfer  the tax                                                               
credit to the new lessee, but  the new lessee doesn't qualify for                                                               
cash.                                                                                                                           
                                                                                                                                
MS.  GLOVER  addressed the  question  of  whether  it must  be  a                                                               
business in  Alaska.  She stated  that if [an entity]  is still a                                                               
business and received tax credit  while doing business in Alaska,                                                               
that  entity can  still  qualify  for the  cash  if  it is  still                                                               
entitled to it, even if the entity has left Alaska.                                                                             
                                                                                                                                
1:43:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN requested  a breakdown of how  much is owed                                                               
in cashable credits versus tax credits.                                                                                         
                                                                                                                                
MS. GLOVER replied that by law  [DOR] must issue an annual report                                                               
of who  got cash  disbursements.  A  report was  issued yesterday                                                               
and is available on DOR's website;  it shows who received the $54                                                               
million  that was  disbursed late  last  year.   The report  also                                                               
shows that  $565 million is the  balance remaining as of  the end                                                               
of last year.                                                                                                                   
                                                                                                                                
REPRESENTATIVE HANNAN asked  whether the $565 million  is owed in                                                               
cash credits versus the tax credit.                                                                                             
                                                                                                                                
MS. GLOVER responded  that [the $565 million] is  the tax credits                                                               
that are eligible for cash.   She explained that the $565 million                                                               
figure is  dynamic in  that someone wanting  to transfer  or sell                                                               
their  tax credits  can do  that at  any time  and then  withdraw                                                               
their application  for cash.   Also,  the certificate  holder can                                                               
use it against their own tax liability.                                                                                         
                                                                                                                                
1:45:38 PM                                                                                                                    
                                                                                                                                
MS. GLOVER addressed  the oil and gas tax credit  fund.  She said                                                               
the money that goes into the  oil and gas tax credit fund remains                                                               
in the  fund.  Sometimes  there are  small balances and  then the                                                               
fund can earn interest that can  be used for disbursement.  It is                                                               
difficult to  do a distribution  that equals exactly  $50 million                                                               
to the  penny when disbursing to  20 plus people.   So, sometimes                                                               
it will be  rounded up if there is enough  money or rounded down.                                                               
For  example, the  actual  disbursement  was $54,197,896  because                                                               
there were some other monies in the fund.                                                                                       
                                                                                                                                
1:46:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN explained  she wants  to ensure  that this                                                               
legislation is constructed in a way  that achieves its goal.  She                                                               
asked whether  the oil and  gas tax credit  fund is subject  to a                                                               
sweep or  has ever been subject  to a sweep and,  if not, whether                                                               
the  bill's phrase  "does not  lapse"  suffices to  keep it  from                                                               
being a "sweepable" fund.                                                                                                       
                                                                                                                                
MS. GLOVER qualified  she is not a budget expert  and cannot talk                                                               
about sweeping and lapsing.  However,  she said, based on her own                                                               
history over the past five years it  has not been swept.  The oil                                                               
and  gas  tax credit  fund  is  within  the  tax statute,  it  is                                                               
appropriated into the fund, it is  only used to disburse money on                                                               
these tax credits, and it can earn money as well.                                                                               
                                                                                                                                
MR.  BELL  stated  that Ms.  Glover's  clarification  is  helpful                                                               
because he was unaware of the  small balances that may be carried                                                               
forward.  He said he does not know  if the oil and gas tax credit                                                               
fund can be swept and will research  it and get an answer back to                                                               
the committee.                                                                                                                  
                                                                                                                                
REPRESENTATIVE FIELDS  offered his  appreciation for the  line of                                                               
questions from  Representative Hannan.   He said his  interest is                                                               
in fulfilling  an obligation as  well as in  preventing cascading                                                               
problems from the lack of a  sweep, and that he doesn't want this                                                               
program or other programs to face uncertainty and instability.                                                                  
                                                                                                                                
1:48:59 PM                                                                                                                    
                                                                                                                                
MS.  MORIARTY  addressed   Representative  Hannan's  question  on                                                               
whether these  credits could be  going to companies no  longer in                                                               
Alaska.   She said the answer  is yes.  But,  she continued, even                                                               
if a company  is no longer in Alaska, under  the credit program a                                                               
company had  to spend money in  Alaska first, then apply  for the                                                               
credit, and then get paid the credit.                                                                                           
                                                                                                                                
1:49:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS  asked  whether  it is  accurate  to  tell                                                               
constituents that  when the State  of Alaska is paying  out these                                                               
tax credits, it is following  resource development or exploration                                                               
activity in Alaska only; it is not a random payment to a bank.                                                                  
                                                                                                                                
MS.  GLOVER  suggested that  constituents  be  directed to  DOR's                                                               
website to  look at the oil  and gas production report,  which is                                                               
public, and which shows the  entities that received money and how                                                               
much money they received.  It  is local companies primarily.  She                                                               
said she  can attest to  whom the money  is given but  she cannot                                                               
attest  to what  these companies  do with  the money  once it  is                                                               
received.  Some  companies may have loans against  the credit, so                                                               
they could  be assigned  to a  financial institution  because the                                                               
company borrowed against  these credits; but in that  case, it is                                                               
still an obligation that these companies owed the money.                                                                        
                                                                                                                                
REPRESENTATIVE  FIELDS  remarked  that the  payment  follows  the                                                               
investment.                                                                                                                     
                                                                                                                                
1:52:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  clarified she  was not asserting  that the                                                               
state shouldn't  be paying tax credits  owed if a company  was no                                                               
longer in  Alaska.   Rather, she  was asking  whether there  is a                                                               
requirement  that  a company  must  still  be doing  business  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
1:53:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY  said  he  senses  that  the  committee  is                                                               
generally supportive of HB 287.   He related that he retired from                                                               
ConocoPhillips in 2015  and his first project after  that was for                                                               
the  Native corporation  Ahtna, Incorporated.   Ahtna  drilled an                                                               
exploratory gas well  at Tolsona at a cost of  about $25 million,                                                               
which was  a dry  hole, and  which shows  the risk  involved with                                                               
drilling oil and  gas wells.  He next worked  for BlueCrest which                                                               
drilled several oil and gas wells  from the beach at Anchor Point                                                               
that are still producing.  That  oil is being sold and refined in                                                               
Alaska  and the  natural gas  is heating  homes in  the Anchorage                                                               
area.   This program helped  him and  many others, he  added, and                                                               
these  credits need  to be  paid because  investment needs  to be                                                               
attracted to Alaska.                                                                                                            
                                                                                                                                
1:55:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  said  he  appreciates  the  committee's                                                               
questions and looks forward to the public testimony.                                                                            
                                                                                                                                
1:56:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PATKOTAK opened public testimony on HB 287.                                                                      
                                                                                                                                
1:57:06 PM                                                                                                                    
                                                                                                                                
BENJAMIN   JOHNSON,   President/CEO,  BlueCrest   Energy,   Inc.,                                                               
specified  that  BlueCrest  is  a Cook  Inlet  developer  in  the                                                               
Cosmopolitan  Unit.   He  encouraged  committee  members to  look                                                               
forward at  the positive benefits  of honoring  prior commitments                                                               
and bringing  new investments  into Alaska.   He related  that he                                                               
grew up  in Kenai and  has worked in  the industry in  Alaska and                                                               
around the  country.  BlueCrest was  formed in 2012 to  invest in                                                               
Alaska,  and a  major  factor  of that  was  Alaska's tax  credit                                                               
program.    After  joining  with  some  individual  investors,  a                                                               
discovery was made in  2013 in a huge new gas  field and oil zone                                                               
in Cosmopolitan.  Discovery, however,  was just the start and now                                                               
BlueCrest must  develop and produce it.   Based on the  laws that                                                               
were  in  effect  at the  time,  BlueCrest's  development  budget                                                               
relied on  the state  bridge share of  the investments  under the                                                               
tax  credit  program.   Upon  starting  and investing  over  $300                                                               
million, with  the state  owing BlueCrest  about $100  million in                                                               
tax credits at the time, the  law was changed to stop the program                                                               
and the state also stopped paying the credits already earned.                                                                   
                                                                                                                                
MR.  JOHNSON explained  that BlueCrest's  investors continued  as                                                               
much as  they could, but BlueCrest  has been unable to  raise new                                                               
investment  now for  several years.   Development  of BlueCrest's                                                               
large oil field  has just started and the huge,  proved gas field                                                               
is completely  undeveloped.  All this  oil and gas would  be used                                                               
by Alaska  residents, none  of it would  be exported,  and future                                                               
state  royalties  alone  would   likely  be  over  $500  million.                                                               
BlueCrest has talked  with every major investment  bank and large                                                               
private equity group in the world,  but it is afraid to invest in                                                               
Alaska.  By starting to  honor the statutory tax credit payments,                                                               
Alaska can have  a tremendous future ahead.   Making this payment                                                               
under  HB  287  would  bring  last  year's  payments  up  to  the                                                               
statutory minimum and would be a great start.                                                                                   
                                                                                                                                
1:59:34 PM                                                                                                                    
                                                                                                                                
TOM WALSH,  Managing Partner, Petrotechnical Resources  of Alaska                                                               
(PRA), noted  that PRA  is a 25-year-old  integrated oil  and gas                                                               
consulting company that  works for most everyone  involved in the                                                               
energy industry  in Alaska.  He  stated that PRA has  clients who                                                               
earned  these cashable  credits in  the past,  and these  credits                                                               
have helped  tremendously in discovering  and developing  new gas                                                               
and oil opportunities.   Many of these companies  and PRA clients                                                               
have  been harmed  by the  delay in  receiving payments  and some                                                               
have  gone bankrupt.    In  addition to  those  who are  directly                                                               
impacted, the  trickledown has  been significant,  including lost                                                               
revenue to PRA  because some of these companies  have been unable                                                               
to pay for PRA's consulting services.                                                                                           
                                                                                                                                
MR. WALSH  stated that the  ability to finance projects  has been                                                               
impacted.   He related that  PRA has done due  diligence projects                                                               
for  some investors  in  Alaska and  they  are clearly  concerned                                                               
about  the  state  not  appropriating funds  to  pay  these  past                                                               
credits, which damages [the state's]  credibility.  It is time to                                                               
clean that  up, and HB  287 is a  critical piece of  business for                                                               
the  state.    He  offered  his  appreciation  to  Representative                                                               
Rauscher for putting forth HB 287.                                                                                              
                                                                                                                                
2:02:39 PM                                                                                                                    
                                                                                                                                
REBECCA LOGAN, CEO, Alaska Support  Industry Alliance, noted that                                                               
the  alliance is  a 43-year-old  trade association  whose members                                                               
provide  support   to  the   companies  doing   the  exploration,                                                               
development, and  production of Alaska's resources.   She thanked                                                               
the  sponsor for  bringing forward  HB  287.   She addressed  the                                                               
impact of nonpayment  on investment and on other  companies.  She                                                               
pointed out that when the tax  credits were first vetoed in 2015,                                                               
it wasn't just the companies that  weren't paid, it was also many                                                               
small businesses  in Alaska, including  the contractors  that the                                                               
alliance represents.   Some alliance  members received  a delayed                                                               
payment, some received  a greatly reduced payment,  and some have                                                               
received no payment,  all of which are a tough  thing for a small                                                               
contractor.   One aspect  of this is  that contractors  in Alaska                                                               
have  been   unwilling  to  invest   capital  that   keeps  their                                                               
businesses going  and thriving  so that  when there  is increased                                                               
activity, they are  ready to take that on.   Paying these credits                                                               
and getting back  on a regular payment schedule will  do a lot to                                                               
increase  the confidence  in Alaska's  businesses to  support the                                                               
industry.                                                                                                                       
                                                                                                                                
2:04:21 PM                                                                                                                    
                                                                                                                                
ED MARTIN,  JR., stated he  is a  56-year resident of  Alaska who                                                               
worked  on the  Alaska pipeline  when he  was 19  years old.   He                                                               
expressed  his frustration  with the  legislature for  failing to                                                               
honor the  contracts into which  it has entered.   This statutory                                                               
law was created by the legislature  and should be honored.  These                                                               
credits should  be paid because  it affects many  families within                                                               
the state and  because these companies came to  Alaska to invest,                                                               
explore, and take the risk.  He urged that HB 287 be passed.                                                                    
                                                                                                                                
2:06:44 PM                                                                                                                    
                                                                                                                                
JOHN  HENDRIX,  President &  CEO,  Furie  Operating Alaska,  LLC,                                                               
noted  that he  started on  the North  Slope in  1980 as  a newly                                                               
graduated engineer,  and he has  worked on six continents  in oil                                                               
and gas but is a resident of Alaska.   He stated that HB 287 is a                                                               
step in the right direction  to regain Alaska's reputation and to                                                               
regain trust  in the state.   He pointed  out that the  state not                                                               
paying  tax credits  was a  major factor  in the  past owners  of                                                               
Furie being  forced out by creditors  and they are who  he bought                                                               
the company from.   These are major investors whom  he must still                                                               
deal with today and they are due the credits.                                                                                   
                                                                                                                                
MR. HENDRIX noted  that since 2020 Furie is the  only 100 percent                                                               
Alaska-family-owned  oil and  gas company  in the  state.   Furie                                                               
employs Alaskans  and is up  800 percent  in Alaska hire  in less                                                               
than two  years and wants to  continue this.  All  of Furie's gas                                                               
serves Alaskans  at prices  at the home  comparable to  Texas and                                                               
less than Mississippi.  To rebuild  this company, he must be able                                                               
to attract money.  He has a good  stake in the Cook Inlet, but he                                                               
must bring  money in,  and it  is very difficult.   The  State of                                                               
Alaska's  reputation is  one that  everyone bears,  and it  hurts                                                               
Furie because tax credits is the big one.                                                                                       
                                                                                                                                
MR.  HENDRIX pointed  out that  Furie  must pay  royalties at  25                                                               
percent off  the top.  The  talk is always about  taxes, he said,                                                               
but the  state makes a lot  of money from royalties.   He further                                                               
stated that  Furie pays  unjust property tax  of four  times what                                                               
the  IRS  enterprise  value  is  on his  company.    It  must  be                                                               
remembered that  10-15 percent  of those taxes  that oil  and gas                                                               
companies pay were designated by statute  to pay this bill.  When                                                               
oil is  over $60/barrel,  10 percent  goes into  the fund  to pay                                                               
this, and  when oil is under  $60/barrel, it is 15  percent.  The                                                               
problem now is that [the state  is] working in arrears and having                                                               
to make all these different allocations.                                                                                        
                                                                                                                                
MR. HENDRIX stated that Alaska  must honor her obligation and pay                                                               
the remaining 53  percent like HB 287 designates,  and for future                                                               
years.  If  not, Alaska's reputation [will  scare away] investors                                                               
for years  to come, which  will hurt more  than just oil  and gas                                                               
companies.  He needs to raise  capital to pay for his future work                                                               
and to  employ Alaskans.   If he raises  capital he has  jobs and                                                               
pays  increased  royalties and  taxes  to  the state,  but  first                                                               
legislators  must  fix the  state's  reputation.   He  urged  the                                                               
committee to support HB 287.                                                                                                    
                                                                                                                                
2:10:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PATKOTAK  ascertained that  no one else  wished to                                                               
testify and closed public testimony on HB 287.                                                                                  
                                                                                                                                
2:11:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN  asked  whether   HB  287  is  a  one-year                                                               
appropriation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE RAUSCHER  replied that HB 287  provides a one-time                                                               
payment.   He stated that  he would accept  clarifying amendments                                                               
to the  bill's language, but he  would like any amendments  to be                                                               
prepared  by  the  drafters  at  Legislative  Legal  Services  to                                                               
prevent any problems going forward.                                                                                             
                                                                                                                                
2:12:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE clarified  that this  is coming  from the                                                               
general fund, not the earnings reserve.                                                                                         
                                                                                                                                
2:12:36 PM                                                                                                                    
                                                                                                                                
MS. GLOVER specified that the  lapsing language for this fund can                                                               
be found in  AS 43.55.028(f), which states that money  in the oil                                                               
and gas  tax credit fund  remaining at the  end of a  fiscal year                                                               
does  not   lapse  and  remains  available   for  expenditure  in                                                               
successive fiscal years.                                                                                                        
                                                                                                                                
2:13:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE   stated  that  it  still   needs  to  be                                                               
clarified whether the lapse is different from the sweep.                                                                        
                                                                                                                                
REPRESENTATIVE  PATKOTAK said  he looks  forward to  working with                                                               
the  sponsor to  get this  and  other information  that has  been                                                               
requested today.                                                                                                                
                                                                                                                                
2:14:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PATKOTAK announced that HB 287 was held over.                                                                    

Document Name Date/Time Subjects
HB 287 Sectional Analysis 2.9.2022.pdf HRES 2/9/2022 1:00:00 PM
HRES 2/11/2022 1:00:00 PM
HB 287
HB 287 Sponsor Statement 2.9.2022.pdf HRES 2/9/2022 1:00:00 PM
HRES 2/11/2022 1:00:00 PM
HB 287
HB 287 Testimony Received as of 2.9.2022.pdf HRES 2/9/2022 1:00:00 PM
HRES 2/11/2022 1:00:00 PM
HB 287
HB 287 Testimony Provided by ASRC and PetroStar 2.9.2022.pdf HRES 2/9/2022 1:00:00 PM
HRES 2/11/2022 1:00:00 PM
HB 287