Legislature(2011 - 2012)HOUSE FINANCE 519

02/08/2012 01:30 PM House FINANCE


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01:36:06 PM Start
01:37:10 PM Department of Revenue Fy 13 Revenue Forecast
03:13:23 PM Department of Revenue State Savings Account & Budget Reserves
03:31:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Dept. of Revenue TELECONFERENCED
FY13 Revenue Forecast
State Savings Account & Budget Reserves Overview
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 8, 2012                                                                                           
                         1:36 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:36:06 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Representative Bill Thomas Jr., Co-Chair called the House                                                                       
Finance Committee meeting to order at 1:36 p.m.                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Co-Chair                                                                                        
Representative Anna Fairclough, Vice-Chair                                                                                      
Representative Mia Costello                                                                                                     
Representative Mike Doogan                                                                                                      
Representative Bryce Edgmon                                                                                                     
Representative David Guttenberg                                                                                                 
Representative Reggie Joule                                                                                                     
Representative Les Gara                                                                                                         
Representative Mark Neuman                                                                                                      
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Bryan Butcher, Commissioner, Department Of Revenue; Bruce                                                                       
Tangeman, Deputy Commissioner, Tax Division, Department of                                                                      
Revenue.                                                                                                                        
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Victoria Ferguson, Petroleum Economist, Tax Division,                                                                           
Department of Revenue; Lennie Dees, Audit Master, Tax                                                                           
Division, Department of Revenue.                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
PRESENTATION: DEPARTMENT OF REVENUE                                                                                             
     FY 13 Revenue Forecast                                                                                                     
     State Savings Account & Budget Reserves                                                                                    
                                                                                                                                
^DEPARTMENT OF REVENUE FY 13 REVENUE FORECAST                                                                                 
                                                                                                                                
1:37:10 PM                                                                                                                    
                                                                                                                                
BRYAN   BUTCHER,   COMMISSIONER,  DEPARTMENT   OF   REVENUE,                                                                    
provided  members with  a PowerPoint  presentation: Overview                                                                    
of Fall 2011,  Revenue Forecast (copy on  file). The largest                                                                    
segment of state  revenue came from oil. The  state also had                                                                    
significant  income  from  federal receipts  and  investment                                                                    
revenue.                                                                                                                        
                                                                                                                                
Commissioner  Butcher  spoke  to unrestricted  general  fund                                                                    
revenue as reflected in slide  5. He explained that a little                                                                    
over 60  percent of  the state's expected  revenue in  FY 12                                                                    
came  from  production  tax. Remaining  revenue  came  from:                                                                    
royalties  -  23.9  percent;  corporate  income  tax  -  7.4                                                                    
percent; property tax  - 1 percent; and non-oil  revenue - 8                                                                    
percent.                                                                                                                        
                                                                                                                                
Commissioner  Butcher concluded  that oil  revenue accounted                                                                    
for  92 percent  of  the state's  unrestricted general  fund                                                                    
income and non-oil revenue accounted for 8 percent.                                                                             
                                                                                                                                
Commissioner Butcher broke down  the state's non-oil revenue                                                                    
income. Corporate tax  was the largest share  at 21 percent.                                                                    
Other  non-oil  revenue   included:  mining  tax,  insurance                                                                    
premiums, tobacco tax, and motor fuel tax.                                                                                      
                                                                                                                                
1:41:41 PM                                                                                                                    
                                                                                                                                
Commissioner  Butcher  observed  comments  and  frustrations                                                                    
expressed by  legislators in the  previous session  that the                                                                    
department had been overly optimistic.                                                                                          
                                                                                                                                
Commissioner  Butcher  split  out the  three  categories  of                                                                    
forecasted production:                                                                                                          
                                                                                                                                
     1.   Currently Producing                                                                                                   
                                                                                                                                
     Currently producing production included base production                                                                    
     and  enhanced recovery  production  from investment  in                                                                    
     rate enhancing  activities (perforations, stimulations,                                                                    
     well work overs, and gas  and water injection support).                                                                    
     This  was  the  easiest   category  to  forecast  since                                                                    
     forecasts were based on current production.                                                                                
                                                                                                                                
     2.   Currently under Development                                                                                           
                                                                                                                                
     The Liberty Alaska project was  an example of a project                                                                    
     that was currently funded  or awaiting project sanction                                                                    
     in  the near  future. The  "green light"  was given  to                                                                    
     move forward, but the project  was not yet to the point                                                                    
     of production. This category was  less certain than the                                                                    
     previous but more certain than the next category.                                                                          
                                                                                                                                
     3.   Currently Under Evaluation                                                                                            
                                                                                                                                
     Currently   under    evaluation   production   included                                                                    
     technically   viable  projects   in  the   stage  where                                                                    
     engineering, cost, risk and  reward were being actively                                                                    
     evaluated.  These  projects   were  unfunded  but  were                                                                    
     considered to  have a high  chance of being  brought to                                                                    
     fruition.  Port  Thomson  would be  in  this  category.                                                                    
     There  was an  expectation  for  future production  and                                                                    
     projects were  technically viable enough to  include in                                                                    
     out-years' forecast, but a lot  of things had to happen                                                                    
     for production to occur.                                                                                                   
                                                                                                                                
Commissioner Butcher observed that shale  oil was not in the                                                                    
forecast due to  a lack of data.  He anticipated exploration                                                                    
wells by Great Bear  Petroleum that could provide additional                                                                    
information in the coming years.                                                                                                
                                                                                                                                
Commissioner  Butcher   added  that  the   department  would                                                                    
forecast  any businesses  that were  doing  business in  the                                                                    
state for  tax credit purposes. Estimates  for participation                                                                    
in the  tax credit program  were made regardless of  where a                                                                    
company was in production.                                                                                                      
                                                                                                                                
1:45:41 PM                                                                                                                    
                                                                                                                                
Commissioner   Butcher   spoke   to  factors   that   affect                                                                    
production    forecasting:   geology,    development   plan,                                                                    
commercial  (oil price  and market  conditions), permitting,                                                                    
production profile,  and timing. He referred  to the Liberty                                                                    
project  that had  been delayed  by British  Petroleum (BP).                                                                    
The  project   was  moved  out   of  the  forecast   due  to                                                                    
unanticipated factors, which had delayed the project.                                                                           
                                                                                                                                
1:46:47 PM                                                                                                                    
                                                                                                                                
Commissioner Butcher  reviewed the  graph on page  12, which                                                                    
depicted projects  under evaluation, under  development, and                                                                    
currently producing.  The department had been  most accurate                                                                    
at predicting  currently producing projects;  projects under                                                                    
evaluation  were   the  most  speculative  and   reliant  on                                                                    
permitting, taxation, market and other issues.                                                                                  
                                                                                                                                
Representative   Doogan   questioned  how   the   department                                                                    
separated  projects under  development  from projects  under                                                                    
evaluation.  Commissioner  Butcher explained  that  projects                                                                    
under  development were  not being  produced but  were being                                                                    
funded; projects  under evaluation had not  received funding                                                                    
or a "green light."                                                                                                             
                                                                                                                                
1:49:01 PM                                                                                                                    
                                                                                                                                
Commissioner  Butcher,   in  response   to  a   question  by                                                                    
Representative Doogan,  clarified that  shale oil  and heavy                                                                    
oil were  not included in  the forecast due  to insufficient                                                                    
data relating to  when they would be economic.  There was no                                                                    
"realistic idea of when it may come on line."                                                                                   
                                                                                                                                
Representative  Doogan asked  for  a list  of projects  that                                                                    
were  not  far   enough  along  to  put  into   any  of  the                                                                    
categories.                                                                                                                     
                                                                                                                                
BRUCE   TANGEMAN,   DEPUTY   COMMISSIONER,   TAX   DIVISION,                                                                    
DEPARTMENT OF  REVENUE, responded  that heavy oil  and shale                                                                    
oil would constitute the list.                                                                                                  
                                                                                                                                
Representative   Doogan  summarized   that   the  level   of                                                                    
speculation  was  being  measured. The  line  between  under                                                                    
evaluation and nothing was not  clear. Mr. Tangeman referred                                                                    
Representative  Doogan  to  page  37 of  the  Department  of                                                                    
Revenue's,  Revenue  Source  Book,   Section  4,  Crude  Oil                                                                    
Production for an explanation.                                                                                                  
                                                                                                                                
1:52:23 PM                                                                                                                    
                                                                                                                                
Mr.  Tangeman reviewed  slide 13,  ANS  (Alaska North  Slope                                                                    
oil) Production Forecast  and Decline Rates, FY 12  - FY 21.                                                                    
He explained that the chart  stacked up the three categories                                                                    
previously  discussed to  a  total  ANS production  forecast                                                                    
with  a  final  percentage   change  from  prior  year.  The                                                                    
department  added  a  percent change  from  the  prior  year                                                                    
column  for  currently  producing. He  emphasized  that  the                                                                    
currently producing  category was the most  solid. All three                                                                    
categories  required   significant  capital   and  operating                                                                    
expenses to  be realized. The 2009  forecast, predicted that                                                                    
the  Kuparuk [oil  field] production  in 2011  to within  39                                                                    
barrels a day; Kuparuk would be under currently producing.                                                                      
                                                                                                                                
Mr.  Tangeman observed  that the  Department of  Revenue had                                                                    
been  criticized as  being overly  optimistic  in the  final                                                                    
percentage change from prior year  for all three categories.                                                                    
The  addition of  the added  percent change  from the  prior                                                                    
year   column   for   currently  producing   provided   more                                                                    
certainty.                                                                                                                      
                                                                                                                                
Co-Chair Thomas ascertained that  forecast assumed no change                                                                    
to the tax code.                                                                                                                
                                                                                                                                
1:54:29 PM                                                                                                                    
                                                                                                                                
Representative   Guttenberg   observed   that   Great   Bear                                                                    
Petroleum  anticipated future  production;  and  if it  were                                                                    
included in the projection.                                                                                                     
                                                                                                                                
Commissioner Butcher  emphasized that the  department worked                                                                    
closely  with the  Department of  Natural Resources  and the                                                                    
Alaska Oil  and Gas  Conservation Commission (AOGCC)  on the                                                                    
forecast.  He observed  that Great  Bear  Petroleum had  not                                                                    
drilled  into  the  shale rock  to  determine  potential  or                                                                    
looked  at economics.  Shale oil  development would  require                                                                    
additional   infrastructure.   He   felt  that   shale   oil                                                                    
development  was  too speculative  for  an  estimate in  the                                                                    
current year. Subsequent years might be included.                                                                               
                                                                                                                                
Mr.  Tangeman added  that the  state was  exposure to  Great                                                                    
Bear  Petroleum for  the first  time. He  did not  doubt the                                                                    
resource. He pointed out a  lack of roads in Alaska compared                                                                    
to  other   states.  North   Slope  shale   oil  development                                                                    
economics had  not been determined. He  stressed the state's                                                                    
responsibility to  put out the  best number and the  lack of                                                                    
data for shale oil production forecasts.                                                                                        
                                                                                                                                
1:58:06 PM                                                                                                                    
                                                                                                                                
Representative  Guttenberg  expressed appreciation  for  the                                                                    
department's   forecast   but   emphasized  the   need   for                                                                    
legislators to look at the  gray areas in order to determine                                                                    
where to go.                                                                                                                    
                                                                                                                                
Vice-chair   Fairclough  referred   to  the   Department  of                                                                    
Revenue's,  Revenue Source  Book, pages  37 through  41. She                                                                    
felt the  book was helpful and  appreciated the department's                                                                    
conservative but hopeful forecast.                                                                                              
                                                                                                                                
2:00:43 PM                                                                                                                    
                                                                                                                                
Mr.  Tangeman  discussed  improvements in  methodology.  The                                                                    
department  created   a  standardized  reporting   form  for                                                                    
production   and   reserve   forecasting   information.   He                                                                    
maintained the  form would be  beneficial to  the department                                                                    
and producers.  Petroleum engineer and  petroleum economists                                                                    
compiled the forecast  information instead of reinterpreting                                                                    
data   previously   received.  The   department   previously                                                                    
received  production forecast  information in  various forms                                                                    
without standardization.  The department also  received down                                                                    
time  estimates, which  was an  example  of new  information                                                                    
used by the production  forecast. The department followed up                                                                    
and  met  a  second  time   with  industry  to  confirm  the                                                                    
department's  assumptions and  ensure forecast  results were                                                                    
reasonable  with  the  companies' projections.  He  stressed                                                                    
that  the  state was  not  a  producer  and was  reliant  on                                                                    
industry   information.   Production  forecasting   required                                                                    
consideration of each  project's geology, development plans,                                                                    
commerciality,  production  profiles,   decline  curves  and                                                                    
timing.  The  department  used   extensive  well  and  field                                                                    
specific data  acquired from producers,  AOGCC, and  DNR. He                                                                    
emphasized that  AOGCC and  DNR played a  large role  as the                                                                    
experts  in  the  field.  New  field  development  was  very                                                                    
important in mitigating decline rates.                                                                                          
                                                                                                                                
2:03:33 PM                                                                                                                    
                                                                                                                                
Mr. Tangeman concluded  that production forecasting required                                                                    
consideration of each  project's geology, development plans,                                                                    
commerciality,  production  profiles,   decline  curves  and                                                                    
timing.  The  department  relied on  other  departments  and                                                                    
experts  to assist  them in  putting together  the forecast.                                                                    
New field development would be  most important to mitigating                                                                    
the decline rate.                                                                                                               
                                                                                                                                
2:04:05 PM                                                                                                                    
                                                                                                                                
Representative  Doogan  asked  if  "new  field  development"                                                                    
referred   to  the   development  of   new  fields   or  new                                                                    
development in fields.                                                                                                          
                                                                                                                                
VICTORIA  FERGUSON,   PETROLEUM  ECONOMIST,   TAX  DIVISION,                                                                    
DEPARTMENT OF  REVENUE (via teleconference),  explained that                                                                    
field  development   referred  to   both:  there   could  be                                                                    
additional  development  in  an existing  field,  and  there                                                                    
could be new development in a new field.                                                                                        
                                                                                                                                
2:05:00 PM                                                                                                                    
                                                                                                                                
Commissioner  Butcher spoke  to price  forecast methodology.                                                                    
An  oil price  forecasting session  was held  on October  3,                                                                    
2011, and  included 26 participants  from the  Department of                                                                    
Revenue,  Department  of  Natural Resources,  Department  of                                                                    
Labor and  Workforce Development,  Office of  Management and                                                                    
Budget, University of  Alaska, Legislative Finance Division,                                                                    
and outside participants.  Forecasting session presentations                                                                    
included  supply,  demand, geopolitics,  financial  markets,                                                                    
and  outside  expert  forecasts.   The  forecasts  of  these                                                                    
experts were averaged and blended  equally with the New York                                                                    
Mercantile  Exchange (NYMEX),  and the  federal U.S.  Energy                                                                    
Information   Administration  (EIA),   to  derive   a  price                                                                    
forecast  for  FY  11  through  FY 16.  Beyond  FY  16,  the                                                                    
department  took the  constant real  price increased  by 2.5                                                                    
percent for inflation.                                                                                                          
                                                                                                                                
2:06:56 PM                                                                                                                    
                                                                                                                                
Commissioner Butcher discussed the  change from Alaska North                                                                    
Slope (ANS)  to West Texas  Intermediate (WTI) oil.  The WTI                                                                    
differential had  been between  one and two  dollars premium                                                                    
to ANS.  He discussed  the methodology  due to  the widening                                                                    
differential.  Previously, the  department had  adjusted the                                                                    
WTI forecast by a dollar or  two. In the last year, ANS rose                                                                    
as high as $28 above WTI.  The price dipped to within $5 and                                                                    
was around  $16 to $18  higher at  the time of  the meeting.                                                                    
Experts agreed that  there was a glut of  oil being produced                                                                    
from North Dakota  and the southern states  that was limited                                                                    
in  the number  of pipelines.  Experts also  noted that  the                                                                    
lack of export and refinery  capacity. He concluded that ANS                                                                    
would come  back in line  with WTI  over the next  years. He                                                                    
suggested that  WTI would come  up in price rather  than ANS                                                                    
dropping.                                                                                                                       
                                                                                                                                
2:10:09 PM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough  questioned if  Commissioner  Butcher                                                                    
referred to  the "global" supply.  She asked  the production                                                                    
timeline  for other  jurisdictions that  had received  heavy                                                                    
capital investments  out-side of the U.S.  She observed that                                                                    
the U.S. imported 70 to 80 percent of its crude oil.                                                                            
                                                                                                                                
Commissioner Butcher  acknowledged that  a majority  of U.S.                                                                    
crude oil  was imported; the  majority came from  Canada. He                                                                    
affirmed  that  the forecast  looked  at  global supply  and                                                                    
demand.  He observed  that new  technologies were  affecting                                                                    
project  economics.   Demand  had   been  affected   by  the                                                                    
worldwide  recession.  The  department needed  to  determine                                                                    
what the price would look like as the recession recovered.                                                                      
                                                                                                                                
Vice-chair   Fairclough   questioned  if   American   energy                                                                    
consumption  was   flat.  Commissioner  Butcher   could  not                                                                    
respond  but observed  that there  was  an expectation  that                                                                    
consumption would  be affected by  the milder winter  in the                                                                    
lower 48.                                                                                                                       
                                                                                                                                
Vice-chair Fairclough wondered  when competitor's production                                                                    
would come  on line:  would competitive production  occur in                                                                    
two years, five years, or ten years out?                                                                                        
                                                                                                                                
2:13:25 PM                                                                                                                    
                                                                                                                                
Mr. Tangeman observed that there  had been discussion around                                                                    
the ANS -  WTI issue in other states. He  noted there were a                                                                    
variety of projects that could  affect production that would                                                                    
also affect the  ANS - WTI ratio. The  North American market                                                                    
understood quick fixes were possible.                                                                                           
                                                                                                                                
Vice-chair Fairclough expressed concern  that the budget was                                                                    
based on $94 per barrel of oil that was at risk of decline.                                                                     
                                                                                                                                
2:15:13 PM                                                                                                                    
                                                                                                                                
Representative Neuman  questioned if the  department's price                                                                    
forecast   utilized   outside   participants.   Commissioner                                                                    
Butcher explained that the department  used many of the same                                                                    
experts  as the  oil  companies, but  they  tried to  rotate                                                                    
experts.  Representative Neuman  acknowledged  the value  of                                                                    
utilizing industry experts.  Commissioner Butcher noted that                                                                    
industry's view of the future would be more proprietary.                                                                        
                                                                                                                                
Representative Wilson asked if the  price of royalty oil had                                                                    
to  be tied  to  ANS or  could WTI  be  used.   Commissioner                                                                    
Butcher observed  that the  Department of  Natural Resources                                                                    
would need to answer the question.                                                                                              
                                                                                                                                
2:17:49 PM                                                                                                                    
                                                                                                                                
Commissioner  Butcher  reviewed  the  ANS -  WTI  oil  price                                                                    
differential  contained on  slide 18.  He observed  that the                                                                    
differential shot up  in the middle of  2011. The department                                                                    
expected the  differential to continue  for another  year or                                                                    
so. He felt the market would correct itself.                                                                                    
                                                                                                                                
Commissioner Butcher  compared ANS,  WTI and  Brent [Crude]:                                                                    
ANS was  a dollar below  Brent; and  WTI was below  both ANS                                                                    
and  Brent. The  differential  was expected  to narrow  over                                                                    
time. The  average differential  was $18.41  for FY  12. The                                                                    
department's FY 12 estimate was $18.22.                                                                                         
                                                                                                                                
2:20:08 PM                                                                                                                    
                                                                                                                                
Representative  Doogan observed  the expectation  that Brent                                                                    
would  close the  gap. Commissioner  Butcher clarified  that                                                                    
the expectation was  that Brent and ANS would  stay the same                                                                    
and WTI would  come up due to an increased  in pipelines and                                                                    
refineries or retrofitting that would alleviate the glut.                                                                       
                                                                                                                                
Commissioner Butcher  reviewed slide 20, Price  Forecasts as                                                                    
of October 2011.  He observed that the graph  depicted FY 11                                                                    
to  FY 16  forecasts by  the NYMEX,  EIA, the  Department of                                                                    
Revenue,  the   price  session  and  expert   analysts.  The                                                                    
department's  forecast fell  in the  middle to  conservative                                                                    
range.  One of  the points  made by  Standard and  Poor's in                                                                    
assessing  the  state's  credit   rating  was  its  historic                                                                    
conservatism on oil price. In all  but one year the price of                                                                    
oil exceeded the state's forecast over seven years.                                                                             
                                                                                                                                
2:22:50 PM                                                                                                                    
                                                                                                                                
Commissioner Butcher  reviewed slide  21: Fall 2011  DOR Oil                                                                    
Price Forecast. He  noted the chart showed  real and nominal                                                                    
dollars and was  $109.33 per barrel of oil (p/b)  for FY 13.                                                                    
He anticipated  the price would  remain around $100  p/b but                                                                    
not go much over $109 p/b.                                                                                                      
                                                                                                                                
2:24:19 PM                                                                                                                    
                                                                                                                                
Commissioner  Butcher,   in  response   to  a   question  by                                                                    
Representative Doogan,  explained that the FY  12 projection                                                                    
referred to  the fall projection,  which updated  the spring                                                                    
projection. The spring forecast, final  look at FY 12, would                                                                    
come in April 2012 based on company true up.                                                                                    
                                                                                                                                
2:25:47 PM                                                                                                                    
                                                                                                                                
Mr.   Tangeman    reviewed   lease    expenditure   forecast                                                                    
methodology. He  noted the department requested  capital and                                                                    
operating  lease expenditure  projections  from North  Slope                                                                    
unit operators in  the fall and the spring of  each year for                                                                    
the next  five years from  the current year.  The department                                                                    
would  meet  with  and  request  spending  projections  from                                                                    
companies  that   were  not  currently  producing   but  had                                                                    
announced drilling  and/or development  plans. He  noted new                                                                    
interest  and  explorers  that  had  not  entered  into  the                                                                    
production   side   of   their   potential;   the   expected                                                                    
expenditures  for  capital  were  taken  into  account.  The                                                                    
department  also reviewed  and  coordinated with  production                                                                    
forecast  regarding  anticipated  developments  outside  the                                                                    
five-year time  horizon received from operators  and updated                                                                    
long-term  capital  and  operating  expenditure  projections                                                                    
based on new information. The  department saw an increase in                                                                    
the forecast from new explorers without a tax liability.                                                                        
                                                                                                                                
2:27:02 PM                                                                                                                    
                                                                                                                                
Mr. Tangeman  discussed slides 24,  which looked back  at FY                                                                    
12 to  FY 16.  He pointed  out that  the Alaska's  Clear and                                                                    
Equitable Share Act (ACES) was  signed in December 2007, but                                                                    
capital programs  for explorers  and producers  were already                                                                    
in place for FY  08 and into FY 09. He  explained that FY 09                                                                    
was the  first time  the [ACES] tax  change would  have been                                                                    
incorporated. There  was a bump  in FY  10; but there  was a                                                                    
decrease in FY 11 actual numbers.                                                                                               
                                                                                                                                
Mr. Tangeman noted that the  price in 2012 was notably lower                                                                    
than in 2011  (slide 26). The price of oil  in 2012 had been                                                                    
consistently higher  than 2011. There  was a dip from  FY 10                                                                    
to  FY  11  in   capital  expenditures  (CAPEX);  the  trend                                                                    
continued  in  FY  12.  There  was  a  decrease  in  capital                                                                    
expenditure of 13 percent under  2011. There was an increase                                                                    
in operating  expenses (OPEX)  of over  19 percent  from the                                                                    
prior year.  He observed that  the cost of  substances other                                                                    
than oil in production was driving up the OPEX.                                                                                 
                                                                                                                                
Co-Chair Thomas  asked who had  the actual facts  related to                                                                    
the  number  of  drills and  permits.  Commissioner  Butcher                                                                    
replied  that AOGCC  kept an  accurate drill  count and  the                                                                    
Department of Natural Resources kept count on permits.                                                                          
                                                                                                                                
Mr. Tangeman  pointed out  that during  Petroleum Production                                                                    
Tax (PPT)  and ACES debates it  was not possible to  look at                                                                    
the  five  years  previous;  forecasts  were  all  based  on                                                                    
modeling. The state was now in  the position to look back at                                                                    
actuals. He  believed it would  be an important part  of the                                                                    
conversation going  forward and  stressed that  the constant                                                                    
was  the oil  price, which  had been  incredibly high  for a                                                                    
long time.                                                                                                                      
                                                                                                                                
2:32:54 PM                                                                                                                    
                                                                                                                                
Representative  Doogan  referred to  slides  24  and 25  and                                                                    
asked how  they related to operating  expenses and projected                                                                    
capital expenditures.  He wondered whether the  numbers were                                                                    
an accurate portrayal.                                                                                                          
                                                                                                                                
Mr.  Tangeman  explained   that  increases  were  projected.                                                                    
Explorers added a new level  of speculation. Tax credits had                                                                    
a  direct   impact  on  capital  spending.   He  anticipated                                                                    
increased capital expenditures.                                                                                                 
                                                                                                                                
Commissioner Butcher emphasized  the department's ability to                                                                    
look at  historical information  for future  predictions. He                                                                    
observed the  department sometimes was overly  optimistic on                                                                    
the amount of expenditures and production.                                                                                      
                                                                                                                                
2:37:34 PM                                                                                                                    
                                                                                                                                
Mr. Tangeman stressed the possible  versus the probable. The                                                                    
resource was  tremendous providing  a lot  of possibilities.                                                                    
Actual  information  from a  historical  point  of view  was                                                                    
beneficial for basing discussions [for future forecasts].                                                                       
                                                                                                                                
Representative Neuman  observed that the combined  CAPEX and                                                                    
OPEX continued to increase.                                                                                                     
                                                                                                                                
Mr. Tangeman noted that the cost  to produce a barrel of oil                                                                    
had  increased;  capital uplift  was  needed  to offset  the                                                                    
production decline of 10 to 12 percent.                                                                                         
                                                                                                                                
2:39:47 PM                                                                                                                    
                                                                                                                                
Mr. Tangeman,  in response to  a question  by Representative                                                                    
Guttenberg,  explained  that  CAPEX  would  be  affected  by                                                                    
allowing and  receiving tax credits.  There was  an increase                                                                    
in the capital expenditure  projections along with increased                                                                    
tax credits.                                                                                                                    
                                                                                                                                
Representative  Neuman  asked  if  production  credits  were                                                                    
applied against  the net  tax owed to  the state.  The gross                                                                    
value of  the oil  minus standardized deductions  of capital                                                                    
and  operating to  get to  a net;  the tax  rate on  the net                                                                    
provides the  value of revenue. Production  tax credits were                                                                    
applied  against  the  net, deducted  from  taxes  owed  the                                                                    
state.                                                                                                                          
                                                                                                                                
2:42:19 PM                                                                                                                    
                                                                                                                                
Mr. Tangeman agreed  with Representative Neuman's assessment                                                                    
of  the state's  tax  process was  contained  in the  income                                                                    
statements on pages 102 -  104 of the Resource Sources Book.                                                                    
He stressed the complexity of  the state's tax system, which                                                                    
he  maintained  was the  most  complicated  system in  North                                                                    
America and perhaps  the world. He observed  that there were                                                                    
dozens of  ways that  the tax system  could be  adjusted and                                                                    
each would  affect another. Income statements  represented a                                                                    
snap shot with the different variables used.                                                                                    
                                                                                                                                
2:43:24 PM                                                                                                                    
                                                                                                                                
LENNIE  DEES,  AUDIT  MASTER, TAX  DIVISION,  DEPARTMENT  OF                                                                    
REVENUE   (via  teleconference),   provided  an   update  on                                                                    
production tax  credit. He referred  to slide 28. By  FY 13,                                                                    
the accumulation of  production tax credit given  over a six                                                                    
year period  since inception was  estimated to be  over $5.1                                                                    
billion. Slide 29 depicted the  amount of credits that would                                                                    
have been earned  via the tax credit  certificate (blue bar,                                                                    
series  1); and  the credits  that would  have been  applied                                                                    
against production tax liabilities  (red bar, series 2). Mr.                                                                    
Tangeman  interjected that  slides  28 and  29 were  summary                                                                    
rollup  slides, and  a high  level  look at  the tax  credit                                                                    
program.                                                                                                                        
                                                                                                                                
2:46:02 PM                                                                                                                    
                                                                                                                                
Co-Chair  Thomas asked  the  total income  to  the state  in                                                                    
relationship  to the  $5 billion  the state  gave up  in tax                                                                    
credits. Mr. Tangeman offered to provide the information.                                                                       
                                                                                                                                
Commissioner Butcher  pointed out  that tax credits  for new                                                                    
exploration  would not  show revenue  until  years into  the                                                                    
future. The average time from  exploration to development in                                                                    
Alaska was 10 years.                                                                                                            
                                                                                                                                
Co-Chair Thomas concluded that the  state took in $8 billion                                                                    
and gave up $1 billion.                                                                                                         
                                                                                                                                
2:48:15 PM                                                                                                                    
                                                                                                                                
Representative Doogan  asked for more  information regarding                                                                    
years  prior to  2009. Mr.  Tangeman agreed  to provide  the                                                                    
information.                                                                                                                    
                                                                                                                                
Representative  Guttenberg  asked   the  difference  between                                                                    
series 1  and 2. Commissioner Butcher  explained that series                                                                    
1  were certificated  without tax  liability  series 2  were                                                                    
certificated with tax liability                                                                                                 
                                                                                                                                
Representative Neuman asked  if it were possible  to look at                                                                    
how production credits affected  the amount of throughput in                                                                    
Trans-Alaska Pipeline System (TAPS).                                                                                            
                                                                                                                                
2:51:22 PM                                                                                                                    
                                                                                                                                
Commissioner Butcher  thought it would be  difficult to make                                                                    
a  direct correlation  between  credits  and production.  An                                                                    
attempt had  been made to look  at the past five  year's tax                                                                    
credits    and   their    affect.   Representative    Neuman                                                                    
acknowledged  the difficulty  since  the  tax structure  had                                                                    
changed and there was no baseline.                                                                                              
                                                                                                                                
2:53:03 PM                                                                                                                    
                                                                                                                                
Mr.  Dees  reviewed  slide  30,  which  provided  detail  of                                                                    
transferrable  tax  credit  certificates claimed  by  fiscal                                                                    
year  and broken  down  by credit  type  of actual  received                                                                    
applications for companies  or explorers. Future projections                                                                    
were difficult since the credits were unknown.                                                                                  
                                                                                                                                
2:55:01 PM                                                                                                                    
                                                                                                                                
Mr. Dees observed that slide  31 broke down transferable tax                                                                    
credits  that  were issued  and  applied  to production  tax                                                                    
credit liability  for the outstanding balance  of tax credit                                                                    
certificates at  the end of  FY 11.  A total of  $42 million                                                                    
transferable tax  credit remained that could  be transferred                                                                    
or applied to production tax liabilities.                                                                                       
                                                                                                                                
Mr. Tangeman,  in response to  a question  by Representative                                                                    
Guttenberg, clarified that the  2006 audit was completed and                                                                    
the  department was  currently auditing  2007. A  desk audit                                                                    
would  be done  on tax  credits. Another  trued-up would  be                                                                    
done  by  the  companies  on  March  31,  for  the  previous                                                                    
calendar year. There were severe  penalties (11 percent) for                                                                    
under-reporting.  The  numbers  would be  trued-up,  but  he                                                                    
expected them to be close.                                                                                                      
                                                                                                                                
2:57:55 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough asked the  dollar value of outstanding                                                                    
tax credits that could potentially  be refunded by the state                                                                    
of   Alaska.  Mr.   Dees  noted   there  were   $42  million                                                                    
outstanding as of December 2011.                                                                                                
                                                                                                                                
Vice-chair Fairclough  referred to  slide 30, and  asked the                                                                    
2010 - 2011  difference. She observed that there  was a drop                                                                    
off  in the  Exploration -  .025 line.  Mr. Dees  noted that                                                                    
there was  no exploration  activity in  the state  after oil                                                                    
prices  decreased   at  the   end  of   2008.  Only   a  few                                                                    
applications were  received after the winter  of 2010. There                                                                    
was  a lag  between  when activity  occurred  and the  state                                                                    
received  the credit  application. Credit  applications must                                                                    
be  submitted   within  six  months  of   the  activity.  He                                                                    
estimated  the state  received $99  million in  the fall  of                                                                    
2009, which would  have corresponded to the  end of drilling                                                                    
activity in the first half of 2009.                                                                                             
                                                                                                                                
3:02:04 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough  observed that there was  an influx of                                                                    
credits available from  2008, 2009 to 2010,  which were held                                                                    
flat in 2011. She wondered if  Alaska was seen as a place to                                                                    
invest or if tax credits on the books were being spent.                                                                         
                                                                                                                                
Mr.  Dees  reviewed  slide   32:  "Credits  Applied  Against                                                                    
Production Tax  Liability, by Fiscal  Year." The  credit was                                                                    
listed by  credit type.  He observed  that FY  12 and  FY 13                                                                    
were projections; FY  11 was awaiting the  final true-up and                                                                    
had not been finalized.                                                                                                         
                                                                                                                                
Mr. Dees  explained that data  also existed for  years prior                                                                    
to 2009.                                                                                                                        
                                                                                                                                
3:04:58 PM                                                                                                                    
                                                                                                                                
Representative Costello  asked how  a company without  a tax                                                                    
liability  could apply  for production  tax credits  and the                                                                    
difference between  series 1 and  2. Mr.  Tangeman explained                                                                    
that production  tax credits were tax  credits available for                                                                    
oil and  gas. Series 1  (blue) were tax  credit certificates                                                                    
or cash payments out; and the  series 2 (red) was the amount                                                                    
taken  against  tax liability.  The  same  tax credits  were                                                                    
available to  explorers and producers, although  it would be                                                                    
simpler for a  producer to net the credit  against their tax                                                                    
liability.                                                                                                                      
                                                                                                                                
3:07:08 PM                                                                                                                    
                                                                                                                                
Representative Doogan  observed that  the total  was roughly                                                                    
the same for producer  or explorer tax credits. Commissioner                                                                    
Butcher was  not sure  if there was  a connection.  Mr. Dees                                                                    
pointed out  that the credits  applied against the  date the                                                                    
expenditure  occurred.   He  suggested  that  there   was  a                                                                    
coincidence.  In  2010, the  law  regarding  the ability  of                                                                    
companies  to convert  tax credit  certificates to  cash was                                                                    
changed.  Previously, reinvestment  had to  occur within  24                                                                    
months to  get the credit  in cash. Now companies  were able                                                                    
to  get  their  refund  as soon  as  their  application  was                                                                    
received. He suggested  that the new policy  might have sped                                                                    
up   the   level    of   activity.   Representative   Doogan                                                                    
acknowledged that it could be an anomaly.                                                                                       
                                                                                                                                
3:12:42 PM                                                                                                                    
                                                                                                                                
^DEPARTMENT  OF  REVENUE  STATE  SAVINGS  ACCOUNT  &  BUDGET                                                                  
RESERVES                                                                                                                      
                                                                                                                                
3:13:23 PM                                                                                                                    
                                                                                                                                
BRYAN   BUTCHER,   COMMISSIONER,  DEPARTMENT   OF   REVENUE,                                                                    
provided  members  with  PowerPoint Presentation:  State  of                                                                    
Alaska, An Update  on the State's Savings  Accounts (copy on                                                                    
file).  He pointed  out that  short term  investments earned                                                                    
low  interest  rates,  which   were  expected  to  continue.                                                                    
Markets did well in FY  11 in longer-term investments (21 to                                                                    
22 percent).  The market declined  significantly at  the end                                                                    
of the  fiscal year: 9  percent in  the first quarter  of FY                                                                    
12, which rebounded to half.                                                                                                    
                                                                                                                                
3:14:57 PM                                                                                                                    
                                                                                                                                
Commissioner  Butcher  referred  to slide  3:  General  Fund                                                                    
Other  Non-Segregated Investments  (GeFONSI), which  were in                                                                    
short-term  investments  liquidity  purposes  to  run  state                                                                    
government. These  investments made  just under  two percent                                                                    
in FY 11. Fiscal year 13 was a little under one percent.                                                                        
                                                                                                                                
Commissioner  Butcher   reviewed  slide   4,  Constitutional                                                                    
Budget Reserve (CBR). The main  fund was invested for short-                                                                    
term return  (2.64 percent in  FY 11, and  3.73 in FY  12 to                                                                    
date); and  the sub-fund  was invested for  long-term return                                                                    
(21 percent  in FY  11, and down  by 4 percent  in FY  12 to                                                                    
date). There was a significant  difference between short and                                                                    
long term investments.  He observed that FY 12  had not been                                                                    
as good as FY 11.                                                                                                               
                                                                                                                                
3:16:23 PM                                                                                                                    
                                                                                                                                
Representative Doogan recalled  that there was approximately                                                                    
$3  billion  in  funds  available   that  were  not  in  the                                                                    
Constitutional  Budget Reserve  Account  and questioned  how                                                                    
they were invested. Commissioner  Butcher explained that the                                                                    
funds  were included  in the  GeFONSI section  in short-term                                                                    
returns.                                                                                                                        
                                                                                                                                
3:17:09 PM                                                                                                                    
                                                                                                                                
Commissioner Butcher  looked at the Power  Cost Equalization                                                                    
(PCE) Fund  on slide 5.  The fund  was invested for  a seven                                                                    
percent return.  The return in FY  11 was a little  under 22                                                                    
percent. The fund was down at  a little under a four percent                                                                    
loss  for  FY 12.  He  concluded  that  the rate  of  return                                                                    
averaged over 18 months was healthy.                                                                                            
                                                                                                                                
3:17:37 PM                                                                                                                    
                                                                                                                                
Commissioner Butcher reviewed the  Public School Trust Fund.                                                                    
The principle was invested for  a six percent return and was                                                                    
at  seventeen percent  for FY  11 and  flat for  FY 12.  The                                                                    
income being paid out was funded  short term and only made a                                                                    
fraction.                                                                                                                       
                                                                                                                                
3:18:09 PM                                                                                                                    
                                                                                                                                
Commissioner   Butcher  discussed   the  Public   Employees'                                                                    
Retirement  System (PERS)  and  Teachers' Retirement  System                                                                    
(TRS)  funds.  He observed  that  the  PERS Fund  earned  21                                                                    
percent;  the  TRS  Fund earned  21.23  percent.  They  were                                                                    
invested the  same; the different  rates of  return resulted                                                                    
from timing issues.                                                                                                             
                                                                                                                                
Commissioner Butcher  noted that the unfunded  liability was                                                                    
not reduced  due to changes  by the Alaska  Retirement Board                                                                    
(ARM) and was down 8.25 to 8.0 percent.                                                                                         
                                                                                                                                
3:19:19 PM                                                                                                                    
                                                                                                                                
Representative  Guttenberg  clarified that  all  percentages                                                                    
were the  same and asked if  they were invested in  the same                                                                    
manner. Commissioner Butcher affirmed.                                                                                          
                                                                                                                                
Representative Guttenberg  asked if they could  be separated                                                                    
if there  were a  change of investment  policy. Commissioner                                                                    
Butcher affirmed.                                                                                                               
                                                                                                                                
3:20:17 PM                                                                                                                    
                                                                                                                                
Commissioner  Butcher  reviewed  the Alaska  Permanent  Fund                                                                    
Corporation (APFC),  which earned a little  over 20 percent.                                                                    
He   observed   that   APFC  utilized   similar   investment                                                                    
strategies as PERS, TRS and the CBR sub-fund.                                                                                   
                                                                                                                                
Representative Wilson  asked if Alaska helped  other state's                                                                    
infrastructure  projects.   Commissioner  Butcher   did  not                                                                    
recall   any   Alaskan    investments   in   other   state's                                                                    
infrastructure.  Mr. Tangeman  interjected that  there might                                                                    
be a project in Chicago.                                                                                                        
                                                                                                                                
Representative  Wilson  questioned  why investment  was  not                                                                    
made in Alaskan infrastructure.                                                                                                 
                                                                                                                                
Commissioner Butcher  clarified that  APFC would  be willing                                                                    
to look at any project  that fell under the prudent investor                                                                    
rule.   He  observed   that   the   Alaska  Permanent   Fund                                                                    
Corporation staff could  provide more detail. Representative                                                                    
Wilson  asked   for  a   list  of   APFC  real   estate  and                                                                    
infrastructure   investments  and   a  definition   of  what                                                                    
qualified a project.                                                                                                            
                                                                                                                                
3:22:53 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  acknowledged but pointed to  past failures                                                                    
of  the Alaska  Housing Finance  Corporation and  the Alaska                                                                    
Industrial Development and Export Authority (AIDEA).                                                                            
                                                                                                                                
Vice-chair Fairclough  commented that Mike  Burns, Executive                                                                    
Director, Alaska  Permanent Fund Corporation,  Department of                                                                    
Revenue  indicated  to her  that  APFC  was looking  at  big                                                                    
projects.  The intent  was to  find long-term  projects with                                                                    
long years of stable investments.                                                                                               
                                                                                                                                
Vice-chair Fairclough  asked if there  were an ebb  and flow                                                                    
to the  market and  if there were  a difference  by quarter.                                                                    
Commissioner Butcher noted  that there did not seem  to be a                                                                    
particular trend.                                                                                                               
                                                                                                                                
3:25:26 PM                                                                                                                    
                                                                                                                                
Representative Doogan  observed a $71 million  fish plant in                                                                    
his district that was not  processing fish and resulted in a                                                                    
state loss.  He recalled  substantial legislative  debate in                                                                    
1979 and  1980 about how  the Permanent Fund (PF)  should be                                                                    
invested. The development bank would  have put all the money                                                                    
into the state.                                                                                                                 
                                                                                                                                
Commissioner  Butcher  recalled  that Dave  Roses  presented                                                                    
detail  in his  memoir  relating  to the  pros  and cons  of                                                                    
investing in the  state. He observed that  Mr. Roses posited                                                                    
that a  deep state  recession would be  magnified if  the PF                                                                    
were  invested in-state.  The  state would  not  want to  be                                                                    
forced  into a  political decision  in order  to protect  PF                                                                    
investments that could go sideways.                                                                                             
                                                                                                                                
3:27:48 PM                                                                                                                    
                                                                                                                                
Commissioner Butcher observed that  the total of investments                                                                    
brought in  revenue of a  little over  $8 billion in  FY 11:                                                                    
$6.8 of  the billion was  in the Alaska Permanent  Fund. The                                                                    
FY 12  actuals were  not as  high due  to volatility  in the                                                                    
market.                                                                                                                         
                                                                                                                                
3:28:42 PM                                                                                                                    
                                                                                                                                
Commissioner Butcher  concluded that there was  good and bad                                                                    
news in the projections for FY 12.                                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
3:31:10 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 3:31 PM.                                                                                           

Document Name Date/Time Subjects
HFIN Presentation DOR State Savings Accounts Update 2.8.12.pdf HFIN 2/8/2012 1:30:00 PM
DOR Revenue Forcast HFIN 2-8-12.pdf HFIN 2/8/2012 1:30:00 PM
DOR Response to 2 8 12 H FIN.pdf HFIN 2/8/2012 1:30:00 PM
H FIN DOR 2.8.12 Credits pre-2009 and break outs.pdf HFIN 2/8/2012 1:30:00 PM
H FIN.DOR. 2.8.12 APFC Infrastructure holdings.pdf HFIN 2/8/2012 1:30:00 PM
H FIN.DOR. 2.8.12 APFC Real estate holdings.pdf HFIN 2/8/2012 1:30:00 PM