Legislature(2005 - 2006)HOUSE FINANCE 519

02/07/2006 02:00 PM House FINANCE


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Audio Topic
02:05:37 PM Start
02:49:47 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview and Presentation: Alaska Mining TELECONFERENCED
Commission
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      February 7, 2006                                                                                          
                         2:05 P.M.                                                                                              
                                                                                                                                
 CALL TO ORDER                                                                                                                
                                                                                                                                
 Co-Chair Meyer called the House Finance Committee meeting to                                                                   
 order at 2:05:37 PM.                                                                                                         
                                                                                                                                
 MEMBERS PRESENT                                                                                                              
                                                                                                                                
 Representative Kevin Meyer, Co-Chair                                                                                           
 Representative Richard Foster                                                                                                  
 Representative Mike Hawker                                                                                                     
 Representative Jim Holm                                                                                                        
 Representative Reggie Joule                                                                                                    
 Representative Mike Kelly                                                                                                      
 Representative Carl Moses                                                                                                      
                                                                                                                                
                                                                                                                                
 MEMBERS ABSENT                                                                                                               
                                                                                                                                
 Representative Mike Chenault, Co-Chair                                                                                         
 Representative Bill Stoltze, Vice-Chair                                                                                        
 Representative Beth Kerttula                                                                                                   
 Representative Bruce Weyhrauch                                                                                                 
                                                                                                                                
                                                                                                                                
 ALSO PRESENT                                                                                                                 
                                                                                                                                
 Irene Anderson, Chair, Bering Straits  Native Corporation,                                                                     
 Nome; Rich Heig, Member, General Manager, Kennecott Greens                                                                     
 Creek Mining Company, Juneau; Karl Hanneman, Member, VP Teck                                                                   
 Pogo Inc., Fairbanks; Charlotte MacCay, Member, Constultant,                                                                   
 Bristol Environmental & Engineering  Services Corporation,                                                                     
 Anchorage;  Greg  Beischer,  Member,  Consultant,  Bristol                                                                     
 Environmental & Engineering Services Corporation, Anchorage;                                                                   
 Neil MacKinnon, Vice Chairman, Hyak Mining Company, Juneau;                                                                    
 Del Ackels, Member, Goldust Mines, Fairbanks; Bartly Coiley,                                                                   
 Member, Usibelli Coal Mine, Inc.,  Fairbanks & Healy; Don                                                                      
 Cook, Member, Cook International, Fairbanks; Rich  Hughes,                                                                     
 Staff,   Development  Specialist,   Office   of    Mineral                                                                     
 Development, Office of Economic Development, Department of                                                                     
 Commerce, Community & Economic Development, Fairbanks                                                                          
 ^                                                                                                                              
 GENERAL SUBJECT(S):                                                                                                          
                                                                                                                                
The following overview was taken in log note format.  Tapes                                                                     
and handouts will be on file with the House Finance                                                                             
Committee through the 24th Legislative Session, contact 465-                                                                    
6814. After the 24th Legislative Session they will be                                                                           
available through the Legislative Library at 465-3808.                                                                          
                                                                                                                              
                         OVERVIEW:                                                                                              
                 ALASKA MINING COMMISSION                                                                                       
                                                                                                                                
                                                                                                                                
TIME        SPEAKER         DISCUSSION                                                                                      
2:05:46 PM Co-Chair Meyer  Convened the House Finance Committee                                                               
                            meeting to  discuss the  Alaska Mining                                                              
                            Commission's findings  and hear  their                                                              
                            presentation and  overview.   [Copy on                                                              
                            File.]                                                                                            
                                                                                                                                
                            ALASKA MINING COMMISSION                                                                        
2:06:33 PM IRENE            Introduced    the    presenters    and                                                            
            ANDERSON,       distributed a copy of the "Report of                                                                
            CHAIR, BERING the 2006 Alaska Minerals Commission".                                                                 
            STRAITS NATIVE [Copy on File].                                                                                    
            CORPORATION,                                                                                                        
            NOME                                                                                                                
2:07:07 PM KARL HANNEMAN, Noted that the Commission was pleased                                                               
            MEMBER,     VP to have the opportunity to discuss                                                                   
            TECK      POGO issues of the mining industry. He                                                                    
            INC.,           provided background of the Mining                                                                   
            FAIRBANKS       Commission, which was created by the                                                                
                            Legislature in  1986.  The  Commission                                                              
                            is authorized through 2014.  He stated                                                              
                            that the duty of the Commission was to                                                              
                            provide information to  the  State and                                                              
                            the Legislature on how  to improve the                                                              
                            mining industry.                                                                                  
2:08:36 PM Mr. Hanneman     Summarized the work of the industry.                                                              
                            He noted that it  is composed of three                                                              
                            different categories.                                                                               
                              · Exploration                                                                                     
                              · Development                                                                                     
                              · Production                                                                                      
                            The State industry  value has steadily                                                              
                            increased and has a total overall value                                                             
                            of $1.6 billion dollars.                                                                          
2:09:20 PM Mr. Hanneman     Pointed out that the mines that have                                                              
                            come  along  are  located  in  diverse                                                              
                            geographic areas throughout the State.                                                              
                            He  highlighted  the   new  mines  and                                                              
                            projects  in  Southwest Alaska.    The                                                              
                            mineral  industry projects  provide  a                                                              
                            rare economic  opportunity in  diverse                                                              
                            areas of Alaska.                                                                                  
2:10:18 PM Mr. Hanneman     He   noted    that    some   of    the                                                            
                            recommendations deal with the taxation                                                              
                            issues.   There are  a few  key issues                                                              
                            that  need  to  be  focused upon  that                                                              
                            relates primarily to finance concerns.                                                              
                            He  summarized  the  existing taxation                                                              
                            regime.                                                                                           
2:10:46 PM Mr. Hanneman                                                                                                       
                              · Mining license tax - first enacted                                                            
                                 by the Territorial Legislature in                                                              
                                 1913.                                                                                          
                               · Mining rents and royalties -                                                                   
                                 mineral development major factor                                                               
                                 at statehood.                                                                                
 2:13:17 PM Mr. Hanneman    Pointed out the chart indicating the                                                              
                            total growth of value of Alaska Mineral                                                             
                            Production  and  subject  to  taxation.                                                             
                            Growth increments come, bringing on new                                                             
                            mines in Alaska.  The last increase was                                                             
                            in   2004  &  2005,  resulting  from  a                                                             
                            worldwide market price increase.                                                                  
 2:14:22 PM Mr. Hanneman    From the increased profitability, the                                                             
                            Industry  is  seeing  growing  payments                                                             
                            from     the     industry    to     the                                                             
                            municipalities.     He  spoke  to   the                                                             
                            State's rents and  royalties.  He noted                                                             
                            that  there   has  been  a  substantial                                                             
                            increase in  the license tax since 2003                                                             
                            and 2004.                                                                                         
 2:15:57 PM Mr. Hanneman    Highlighted the Mineral Commission's                                                              
                           key issues:                                                                                          
                               · Tax Considerations                                                                             
                               · Geological & Geophysical Mapping                                                               
                               · AMEREF                                                                                         
                            The   commission  recommends  that  the                                                             
                            Governor and the municipalities work to                                                             
                            create a fair and stable tax regime.                                                              
 2:18:32 PM Mr. Hanneman    Pointed out that Alaska has one of the                                                            
                            poorest map  coverage in the world with                                                             
                            respect  to  geophysical  &  geological                                                             
                            concerns,  which discourages investors.                                                             
                            The  Mineral  Commission requests  that                                                             
                            level of funding be added and increased                                                             
                            to $1 million dollars this year.                                                                  
 2:20:34 PM Mr. Hanneman    Identified AMEREF and noted that it is                                                            
                            an  Industry/Government partnership  to                                                             
                            support  resource education.  It is  an                                                             
                            excellent   tool  for   public  schools                                                             
                            education    regarding   the    natural                                                             
                            resource  industries.   He  recommended                                                             
                            that    $100   thousand   dollars    be                                                             
                            appropriated to support that program.                                                             
 2:21:26 PM Mr. Hanneman    Highlighted the other findings &                                                                  
                            recommendations.   He  pointed out  the                                                             
                            recommendations:                                                                                    
                               · NPDES Program Primacy                                                                          
                               · Litigation Reform                                                                              
                               · Permit Efficiency                                                                              
                               · General Permits for Small Remote                                                               
                                 Work Camps                                                                                   
                              · Mixing Zones                                                                                    
                              · Roads to Resources                                                                              
                              · Power Supplies                                                                                
2:22:22 PM  Mr. Hanneman    Summarized that if the State continues                                                            
                            to provide stable fiscal and regulatory                                                             
                            policy,  the Industry  has  a  lot  of                                                              
                            growth potential.  He projected that it                                                             
                            could double in the next decade.                                                                  
2:23:13 PM  Representative  Asked  for  more  information  on  the                                                            
            Kelly           mixing zones.                                                                                     
2:23:39 PM  Mr. Hanneman    Pointed   out   that   there   was   a                                                            
                            recommendation in the report regarding                                                              
                            mixing  zones.    He  added  that  the                                                              
                            Commission  has   advocated  for   the                                                              
                            opportunity to  mitigate  to determine                                                              
                            whether   they   are   or    are   not                                                              
                          appropriate.                                                                                        
2:24:08 PM CHARLOTTE        Added, with the change in restrictions,                                                           
            MACCAY,         there is an increased need for other                                                                
            MEMBER,         water quality regulations to be fixed                                                               
            CONSTULTANT,    so that natural background criteria are                                                             
            BRISTOL         considered.                                                                                       
            ENVIRONMENTAL                                                                                                       
            & ENGINEERING                                                                                                       
            SERVICES                                                                                                            
            CORPORATION,                                                                                                        
            ANCHORAGE                                                                                                           
2:24:59 PM  Representative  Asked if it  is anticipated that there                                                            
            Kelly           will trouble regarding that concern.                                                              
2:25:13 PM  Mr. Hanneman    Responded that  with  potential mining                                                            
                            projects moving toward the next decade,                                                             
                            there needs to be additional regulatory                                                             
                            flexibility.   He  urged science-based                                                              
                            evaluation regarding real impacts.                                                                
2:26:30 PM  Representative  Commented  on   the   argument   being                                                            
            Hawker          proposed by the business end of the                                                                 
                            community  in  the  State,  who  voice                                                              
                            strong objection to any further funding                                                             
                            of the budget  & advocate cutting this                                                              
                            year's  budget.    He  referenced  the                                                              
                            increased mining request.                                                                         
2:27:22 PM  Mr. Hanneman    Responded  that  in   the  context  of                                                            
                            historical spending, the request is not                                                             
                            a significant increment.  He emphasized                                                             
                            the good policy for fiscal tracking.                                                              
2:28:13 PM  Representative  Reiterated  concern  on  the  proposed                                                            
            Hawker          requests and noted inconsistencies.                                                               
2:28:45 PM  GREG  BEISCHER, Replied that in terms of mapping, when                                                            
            MEMBER,         the State makes an investment there, it                                                             
            CONSULTANT,     is an immediate economic benefit,                                                                   
            BRISTO          drawing interest in companies that are                                                              
            ENVIRONMENTAL   willing to spend money developing.  It                                                            
             &  ENGINEERING is a small investment, which comes back                                                             
             SERVICES       to the State many times over.                                                                     
             CORPORATION,                                                                                                       
             ANCHORAGE                                                                                                          
 2:29:38 PM  Representative Commented on  a recent case  ruling (RS                                                           
           Foster         2477) and asked the impact.                                                                         
 2:30:01 PM  Mr. Hanneman   Did  not  know and  offered to  provide                                                           
                            that information after researching it.                                                            
 2:30:54 PM  Representative Requested further information on mixing                                                           
             Kelly          zones    to    help    with    specific                                                             
                            legislation.   He offered to  meet with                                                             
                            the industry.                                                                                     
 2:31:59 PM  Co-Chair Meyer Inquired  how Alaska  taxation compares                                                           
                            to other states and countries.                                                                    
 2:32:20 PM  Mr. Hanneman   Mentioned that there  have been studies                                                           
                            produced over the years and that Alaska                                                             
                            rests   somewhere  in   the   "middle".                                                             
                            History   indicates   many   years   of                                                             
                           litigation.                                                                                        
 2:32:58 PM  Co-Chair Meyer  Pointed  out   that  legislators   are                                                           
                            looking at  the oil company tax credits                                                             
                            for  those companies  that invest  back                                                             
                            into the State.   He asked if that type                                                             
                            credit   would  work  for   the  mining                                                             
                            industry.                                                                                         
 2:33:20 PM  Mr. Hanneman   Stated  that  several  years  ago,  the                                                           
                            Legislature   passed  the   exploration                                                             
                            credit  bill,  which has  been  viewed,                                                             
                            extremely  favorable by  the  industry.                                                             
                            That   legislation   helped   instigate                                                             
                            exploration  and development in  Alaska                                                             
                            and sent the "right message"- Alaska is                                                             
                            "open for business".                                                                              
 2:34:09 PM RICH      HEIG, Informed members that there are only                                                              
             MEMBER,        four large operating mines in the State                                                             
             GENERAL        of Alaska.  He pointed out that the                                                                 
             MANAGER,       mining industry pays a corporate income                                                             
             KENNECOTT      tax of nearly 30%.  Currently, the                                                                  
             GREENS   CREEK mining industry is  "seeing good times"                                                             
             MINING         and in the last two years has a rate of                                                             
             COMPANY,       return of 5%.  It takes many years to                                                               
             JUNEAU         bring a project "on" to actually                                                                    
                            produce   the  metal.     The   Mineral                                                             
                            Commission  believes that  the  current                                                             
                            tax is fair on the mining industry.                                                               
 2:35:53 PM  Co-Chair Meyer  Noted  that   it   is  also   a   very                                                           
                            "litigated" industry and asked  if they                                                             
                            were currently at a "stop order".                                                                   
                            Mr.  Heig noted that was the Kensington                                                             
                            Mine.                                                                                               
                            Co-Chair  Meyer  asked about  projected                                                             
                            employment growth.                                                                                
 2:36:29 PM  Mr. Hanneman   Stated that the projection was close to                                                           
                            5,000, which could happen if the other                                                              
                            major projects come to fruition.                                                                    
                            He addressed industry growth potential,                                                             
                            highlighting the slide.                                                                           
2:37:08 PM RICH     HUGHES, Clarified that the drop indicates the                                                             
            STAFF,          curtailing of construction activity.                                                                
            DEVELOPMENT     He noted that the number reflects both                                                              
            SPECIALIST,     the construction and production.                                                                  
            OFFICE      OF                                                                                                      
            MINERAL                                                                                                             
            DEVELOPMENT,                                                                                                        
            OFFICE      OF                                                                                                      
            ECONOMIC                                                                                                            
            DEVELOPMENT,                                                                                                        
            DEPARTMENT OF                                                                                                       
            COMMERCE,                                                                                                           
            COMMUNITY    &                                                                                                      
            ECONOMIC                                                                                                            
            DEVELOPMENT,                                                                                                        
            FAIRBANKS                                                                                                           
2:38:20 PM Co-Chair Meyer Assumed that the local hire rate was                                                                
                            good.                                                                                             
2:38:27 PM Mr. Hanneman     Said it is not 99%.                                                                               
            Representative Thought in his area it was around 60%.                                                               
            Joule           Mr. Hanneman thought that number was a                                                              
                            shareholder  number.     Representative                                                             
                            Joule agreed.                                                                                     
2:39:08 PM Mr. Hanneman     Advised that there is a report from                                                               
                            2003,  summarizing mining  employment,                                                              
                            indicating  approximately 83%  Alaskan                                                              
                            hire.  It is a challenge to work-under                                                              
                            ground; there is not a lot of training                                                              
                           in Alaska.                                                                                         
2:40:01 PM Co-Chair Meyer Asked about training efforts.                                                                       
                            Mr.  Hanneman   referenced  the  Delta                                                              
                            Mining  Training  Center,  working  in                                                              
                            cooperation  with  the  Department  of                                                              
                            Labor  &  Workforce Development.    He                                                              
                            reiterated that recruiting people into                                                              
                            that program is a challenge.                                                                      
2:40:50 PM Representative Pointed out that initially, training                                                                
            Joule           took place in Seward and the success                                                                
                            rate was only 30% because the trainees                                                              
                            had to go  so far from home.   When it                                                              
                            was moved to the Kotzebue Tech Center,                                                              
                            the success rate increased to 80%.  He                                                              
                            mentioned the  impact of  success when                                                              
                            social  environment   is   taken  into                                                              
                            consideration.                                                                                    
2:41:50 PM Representative Asked if the School of Mines at the                                                                 
            Joule           University in Fairbanks was providing                                                               
                            the necessary level of education.                                                                 
2:42:18 PM Mr. Hanneman     Pointed out a recommendation to help                                                              
                            solidify  and strengthen the School  of                                                             
                            Mines   by   establishing   a   special                                                             
                            professor Chair to  help guide both the                                                             
                            oil  and mining industry.  He requested                                                             
                            that the Legislature provide support to                                                             
                            fill  that  position.   There are  four                                                             
                            mining  and/or  environmental engineers                                                             
                            working  with the  Commission from  the                                                             
                            University  of Alaska.   At this  time,                                                             
                            the  Commission  would like  two  more;                                                             
                            they are not available.                                                                           
 2:43:46 PM  Representative Noted  that  usually the  interest  and                                                           
             Hawker         beneficiary groups endow University                                                                 
                            Chairs.     He  asked  if   the  mining                                                             
                            industry would consider that.                                                                     
 2:44:19 PM  Mr. Hanneman   Advised that  there has been discussion                                                           
                            regarding  that.    During  the  school                                                             
                            reorganization,  short  and  long  term                                                             
                            funding was discussed.                                                                            
 2:44:33 PM  Representative Mentioned   borough  taxation  of   the                                                           
             Holm           boroughs and the newly formed borough.                                                              
                            He  asked  how  the  negotiations  were                                                             
                            going with them.                                                                                  
 2:44:56 PM  Mr. Hanneman   Replied that the  Industry has signed a                                                           
                            payment  in lieu of tax  agreement with                                                             
                            the  City of Delta Junction in November                                                             
                            2005.     It  provides  a  schedule  of                                                             
                            payments    and    taxation    schedule                                                             
                            structure.       The   public   process                                                             
                            proceeding with a vote is ongoing.  The                                                             
                            Commission   has  pledged  support   of                                                             
                            borough formation.                                                                                
 2:45:50 PM Representative If not, what happens.                                                                              
             Holm           Mr. Hanneman stated if they do not, the                                                             
                            Commission would evaluate what the best                                                             
                            State policy should be.                                                                           
 2:46:16 PM  Representative Asked when it is anticipated that there                                                           
             Kelly          will be an answer.  Mr. Hanneman                                                                    
                            replied   that  the  target  is   first                                                             
                            quarter, 2006.                                                                                    
 2:46:42 PM  Representative Inquired about the  effort to work with                                                           
             Joule          local communities when it is known that                                                             
                            an  area near them  may "come on  line"                                                             
                            and how they are "warmed" to that idea.                                                             
                            He  reminded members of  conflicts with                                                             
                            potential  subsistence  uses  in  those                                                             
                            areas.                                                                                            
 2:47:41 PM  Mr. Hanneman   Acknowledged that was  a valid concern.                                                           
                            As  mines develop  and the  exploration                                                             
                            occurs,  there is  tremendous education                                                             
                            that   needs  to  take  place.     Some                                                             
                            projects  require  many  years  in  the                                                             
                            community to foster that communication.                                                           
                            Each project is different  and has its                                                              
                            own  challenges.    There  are  always                                                              
                            tangible  benefits by  offering  jobs,                                                              
                            etc.  Those are  "real & hard issues",                                                              
                            but hopefully, by  leading by example,                                                              
                            the other mines help share the message                                                              
                            and understanding of the benefits.                                                                
2:49:47 PM Co-Chair Meyer  ADJOURNMENT                                                                                      
                                                                                                                                
                            The meeting was adjourned at 2:50 P.M.                                                            
                                                                                                                                

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