Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/09/2012 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS


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03:35:29 PM Start
03:35:39 PM SB148
04:24:20 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 148 GAS PIPELINE PROPERTY TAX EXEMPTION TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
           SB 148-GAS PIPELINE PROPERTY TAX EXEMPTION                                                                       
                                                                                                                                
3:35:39 PM                                                                                                                    
CHAIR OLSON announced the consideration of SB 148.                                                                              
                                                                                                                                
3:35:52 PM                                                                                                                    
SENATOR  BILL WIELECHOWSKI,  sponsor  of SB  148,  said the  bill                                                               
would  waive  state  property taxes  during  construction  for  a                                                               
natural gas pipeline with a  design capacity of 500 million cubic                                                               
feet per  day. He  said companies involved  in the  project would                                                               
save an estimated  $600 million while the state  would recoup its                                                               
tax abatement via lower tariffs.                                                                                                
                                                                                                                                
SENATOR MENARD  asked if the  Department of Revenue  (DOR) voiced                                                               
concerns.                                                                                                                       
                                                                                                                                
CHAIR OLSON asked about the fiscal note's status.                                                                               
                                                                                                                                
3:38:26 PM                                                                                                                    
MICHELLE SYDEMAN,  Staff for  Senator Wielechowski,  Alaska State                                                               
Legislature, Juneau, said  the bill had three  zero fiscal notes.                                                               
She  said DOR  noted  that state  royalties  could increase  from                                                               
higher valued gas via lowered tariffs.                                                                                          
                                                                                                                                
SENATOR  MENARD  asked  if  the departments  involved  in  a  gas                                                               
pipeline supported SB 148.                                                                                                      
                                                                                                                                
MS. SYDEMAN  answered that she  did not  know. She said  the bill                                                               
would assist  in the Governor's  efforts to get a  pipeline built                                                               
for a  possible Liquefied  Natural Gas  (LNG) facility  for Asian                                                               
markets.                                                                                                                        
                                                                                                                                
3:39:56 PM                                                                                                                    
STEVE   VAN  SANT,   State  Assessor,   Municipal  and   Regional                                                               
Assistance  Division,   Department  of  Community   and  Economic                                                               
Development, said the  department had not taken a  position on SB
148.                                                                                                                            
                                                                                                                                
CHAIR OLSON asked  why there was no fiscal note  showing the loss                                                               
of property tax revenue.                                                                                                        
                                                                                                                                
MR.  VAN  SANT said  the  Department  of Community  and  Economic                                                               
Development (DCCED)  zero fiscal  note would  go through  DOR. He                                                               
noted  that  municipalities would  be  allowed  to levy  a  local                                                               
property tax.                                                                                                                   
                                                                                                                                
3:41:13 PM                                                                                                                    
MS. SYDEMAN said  SB 148 would not  discriminate between pipeline                                                               
projects.  She noted  that during  the Alaska  Gasline Inducement                                                               
Act  (AGIA),  it   was  estimated  that  a   $500  million  state                                                               
investment  would increase  state revenues  by $1.2  billion. She                                                               
said a  large pipeline could bring  in as much as  $66 billion in                                                               
revenue  and  an  instate  bullet  pipeline  would  generate  $10                                                               
billion. She  said the revenues  would be  particularly important                                                               
to the state as oil production continued to decline.                                                                            
                                                                                                                                
3:44:01 PM                                                                                                                    
She said a  large pipeline would create  10,000 construction jobs                                                               
with  $6 billion  generated from  instate spending.  She said  an                                                               
instate  pipeline  would  create  9,500  construction  jobs  with                                                               
another 50 to 75 workers being employed on an ongoing basis.                                                                    
                                                                                                                                
She  said  a  gas  pipeline  would provide  a  stable  supply  of                                                               
affordable  energy  to  Interior  and Southcentral.  She  said  a                                                               
pipeline would  provide the  impetus for  additional oil  and gas                                                               
development.                                                                                                                    
                                                                                                                                
She said congress  had provided a variety of  incentives to build                                                               
a  pipeline  via  $21 billion  in  loan  guarantees,  accelerated                                                               
pipeline tax depreciation and a tax  credit for a $12 billion gas                                                               
treatment facility in Prudhoe Bay.                                                                                              
                                                                                                                                
3:47:05 PM                                                                                                                    
MS. SYDEMAN  said the state  could provide  additional incentives                                                               
with  direct subsidies,  loans,  equity  investment, lowering  or                                                               
deferring production taxes and financing cost overruns.                                                                         
                                                                                                                                
3:50:10 PM                                                                                                                    
She said waiving state property taxes  was a first step to make a                                                               
project  more  economical.  She   said  the  risk-free  plan  was                                                               
straightforward   and  signaled   the   state's  willingness   to                                                               
participate in the project.                                                                                                     
                                                                                                                                
CHAIR  OLSON commented  that  deferred property  tax  was a  good                                                               
idea. He  asked why  tax abatements were  not implemented  in the                                                               
past and was the idea thought of during the AGIA debate.                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  answered  that   a  similar  proposal  was                                                               
presented in the Alaska Stranded  Gas Development Act (ASGD), but                                                               
waiving  municipal taxes  was  also included.  He  said no  money                                                               
would be  lost if a  pipeline did not  get built. He  said giving                                                               
something to make the economics  better would lead to significant                                                               
revenues coming into the state.                                                                                                 
                                                                                                                                
3:52:26 PM                                                                                                                    
CHAIR OLSON asked  about other gas pipeline  inducements and what                                                               
effect SB 148 would have.                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  answered that he  did not know. He  said he                                                               
did not think there was interplay with other incentives.                                                                        
                                                                                                                                
CHAIR OLSON asked about the influence on new borough formation.                                                                 
                                                                                                                                
SENATOR   WIELECHOWSKI  said   new  boroughs   were  specifically                                                               
exempted and would not be impacted.                                                                                             
                                                                                                                                
CHAIR  OLSON  asked if  communities  in  the Unorganized  Borough                                                               
would be able to assess taxes.                                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI  answered   that  communities  formed  with                                                               
taxing authority would be able to tax.                                                                                          
                                                                                                                                
SENATOR MENARD  asked about grandfather  rights for  newly formed                                                               
boroughs.                                                                                                                       
                                                                                                                                
3:54:49 PM                                                                                                                    
MS.  SYDEMAN responded  that boroughs  organizing  in the  future                                                               
would be able to develop a taxing authority.                                                                                    
                                                                                                                                
SENATOR MENARD  responded that there could  be potential problems                                                               
if a pipeline developer committed and property taxes changed.                                                                   
                                                                                                                                
MS.  SYDEMAN answered  that pipeline  companies would  expect the                                                               
possible formation of new boroughs with taxing authority.                                                                       
                                                                                                                                
SENATOR   MENARD   commented   that  new   boroughs   should   be                                                               
grandfathered and not be allowed to collect taxes.                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI responded  that  allowing  new boroughs  to                                                               
assess taxes would be addressed with Legal Services.                                                                            
                                                                                                                                
SENATOR MENARD  commented that  much of  that land  was privately                                                               
owned and asked  what protects the industry  from someone turning                                                               
their land into a borough.                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI answered that  private property owners would                                                               
be able to receive a property tax.                                                                                              
                                                                                                                                
3:58:00 PM                                                                                                                    
SENATOR  KOOKESH  responded  that  he  disagreed  with  the  last                                                               
statement and said people have the right to form a borough.                                                                     
                                                                                                                                
SENATOR  MENARD responded  that she  supported boroughs  too. She                                                               
said  her  intent  was  to require  formation  prior  to  project                                                               
development.                                                                                                                    
                                                                                                                                
CHAIR OLSON asked if there was a  time limit or sunset date for a                                                               
property tax holiday.  He said he was  concerned about stretching                                                               
out the construction period for continued tax exemptions.                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI replied that there  is no time limit and was                                                               
worth considering.                                                                                                              
                                                                                                                                
SENATOR KOOKESH commented that he  did not understand the need to                                                               
add a  sunset clause. He  said companies building  pipelines were                                                               
motivated to  generate income rather  than continue to  receive a                                                               
tax break.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI answered that he agreed.                                                                                   
                                                                                                                                
CHAIR  OLSON  stated  that  proposing  a  sunset  date  would  be                                                               
intended to move a project along.                                                                                               
                                                                                                                                
SENATOR KOOKESH  commented that  he did not  read that  intent in                                                               
the bill.                                                                                                                       
                                                                                                                                
4:01:29 PM                                                                                                                    
LARRY   PERSILY,   Federal   Coordinator,  Alaska   Natural   Gas                                                               
Transportation Projects,  said the  legislature must look  at all                                                               
options to  improve the odds  of getting a natural  gas pipeline,                                                               
provide energy  for Alaskans and  attract billions of  dollars of                                                               
new investment.                                                                                                                 
                                                                                                                                
He said the  competition was very fierce to  attract the billions                                                               
of investment  needed for a gas  project. He said there  was over                                                               
$250 billion in LNG export  projects under development around the                                                               
world  today. He  said shale  gas has  filled the  North American                                                               
market and  presented extremely tough  price competition  for any                                                               
new supplies from Alaska.                                                                                                       
                                                                                                                                
4:02:05 PM                                                                                                                    
SENATOR ELLIS arrived.                                                                                                          
                                                                                                                                
CHAIR  OLSON asked  what the  chance of  success was  by offering                                                               
property tax  abatements. He  asked if  $600 million  in property                                                               
tax savings should be increased or decreased.                                                                                   
                                                                                                                                
4:04:02 PM                                                                                                                    
MR.  PERSILY answered  that a  property tax  incentive by  itself                                                               
would not be  enough to attract a gas pipeline.  He said property                                                               
tax abatement  was one piece  of a  fiscal structure for  a price                                                               
competitive project.                                                                                                            
                                                                                                                                
CHAIR OLSON asked  to clarify that the tax  incentive amount does                                                               
not necessarily make or break a possible deal.                                                                                  
                                                                                                                                
MR. PERSILY answered  that the number would be  determined by the                                                               
size of the project.                                                                                                            
                                                                                                                                
4:06:51 PM                                                                                                                    
JIM   GREELEY,   State   Petroleum  Property   Assessor,   Alaska                                                               
Department  of  Revenue,  Anchorage,  said he  was  available  to                                                               
answer questions.                                                                                                               
                                                                                                                                
JOYCE  LOFGREN, Economist,  Tax  Division,  Alaska Department  of                                                               
Revenue, said she was available to answer questions.                                                                            
                                                                                                                                
CHAIR OLSON asked what properties were going to be taxable.                                                                     
                                                                                                                                
MR. GREELEY answered that the  bill did not specify any terminals                                                               
or plants. He said all of  the costs associated with a pipeline's                                                               
installation would be taxable.                                                                                                  
                                                                                                                                
4:08:27 PM                                                                                                                    
BARBARA  HUFF TUCKNESS,  Director,  Governmental and  Legislative                                                               
Affairs, General  Teamsters Local 959, said  any encouragement or                                                               
incentive to create new jobs would be a good thing.                                                                             
                                                                                                                                
4:10:56 PM                                                                                                                    
DON ETHERIDGE, Lobbyist,  Alaska AFL-CIO, said the  bill would be                                                               
a step towards  creating jobs for a lot of  Alaskans. He said the                                                               
long  run  outcome  far  outweighed  the  cost  of  not  charging                                                               
property  taxes.  He  said inexpensive  natural  gas  could  spur                                                               
industries to move into the state.                                                                                              
                                                                                                                                
4:12:30 PM                                                                                                                    
CHAIR OLSON asked  if Alaskan manpower would be ready  to build a                                                               
specialized pipeline.                                                                                                           
                                                                                                                                
MR.  ETHERIDGE  answered  that  continual  training  occurred  in                                                               
Fairbanks.  He   said  it  was   doubtful  that   enough  trained                                                               
individuals  would be  available to  meet the  demand for  10,000                                                               
workers. He said training would  continue to get as many Alaskans                                                               
ready to work.                                                                                                                  
                                                                                                                                
CHAIR OLSON  asked if  there was  adequate training  funding from                                                               
the state.                                                                                                                      
                                                                                                                                
4:14:07 PM                                                                                                                    
MR.  ETHERIDGE said  reduced federal  funding for  training would                                                               
require additional funds from the state.                                                                                        
                                                                                                                                
SENATOR  MENARD asked  how many  trainees  had left  for jobs  in                                                               
other states.                                                                                                                   
                                                                                                                                
MR. ETHERIDGE answered that he did not know.                                                                                    
                                                                                                                                
CHAIR OLSON asked how municipalities would be affected.                                                                         
                                                                                                                                
MR. GREELEY answered that municipalities would not be affected.                                                                 
                                                                                                                                
4:17:09 PM                                                                                                                    
At ease from 4:17:09 p.m. to 4:17:30 p.m.                                                                                       
                                                                                                                                
4:17:30 PM                                                                                                                    
CHAIR OLSON  asked Mr. Bullock  to explain the two  amendments in                                                               
the bill packet.                                                                                                                
                                                                                                                                
4:17:50 PM                                                                                                                    
DON  BULLOCK, Legislative  Counsel,  Legislative Affairs  Agency,                                                               
said  the  first  amendment, 27-LS0990\M.2,  clarified  that  DOR                                                               
would continue  property assessment for municipalities  to assess                                                               
uniform rates.                                                                                                                  
                                                                                                                                
He said  the first part  of the second  amendment, 27-LS0990\M.3,                                                               
amended the title  about certain gases of 500  million cubic feet                                                               
or more  in a pipeline as  the trigger for allowing  the property                                                               
tax exemption. He said the  second part of the amendment required                                                               
that North  Slope gas  be transported south  of 68  degrees north                                                               
latitude.                                                                                                                       
                                                                                                                                
4:20:04 PM                                                                                                                    
MR.  BULLOCK said  property tax  suspension was  used during  the                                                               
construction of the Trans Alaska Pipeline System (TAPS).                                                                        
                                                                                                                                
CHAIR OLSON asked what the suspended tax was for TAPS.                                                                          
                                                                                                                                
MR. BULLOCK answered that he did not know.                                                                                      
                                                                                                                                
SENATOR MENARD asked if the same tax holiday was used for TAPS.                                                                 
                                                                                                                                
MR.  BULLOCK   answered  no.  He  said   the  circumstances  were                                                               
completely  different   for  TAPS.  He  said   the  current  bill                                                               
incentivizes the gas pipeline prior to development.                                                                             
                                                                                                                                
4:22:47 PM                                                                                                                    
MS. SYDEMAN  said the two  proposed amendments were  important to                                                               
make sure that  the exemption did not apply to  lines solely from                                                               
one facility  in the North Slope  to another. She said  the other                                                               
amendment  was to  assure that  there would  be a  single way  of                                                               
assessing the value of the  pipeline so each municipality did not                                                               
have a different methodology.                                                                                                   
                                                                                                                                
CHAIR  OLSON  asked  if  there were  any  letters  from  boroughs                                                               
affected by the proposed pipeline.                                                                                              
                                                                                                                                
MS.  SYDEMAN  answered  no.  She said  she  expected  letters  of                                                               
support after the municipality and borough tax clarification.                                                                   
                                                                                                                                
4:24:08 PM                                                                                                                    
CHAIR OLSON said SB 148 would be held in committee.                                                                             
                                                                                                                                

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