Legislature(2023 - 2024)SENATE FINANCE 532

05/01/2023 09:00 AM Senate FINANCE

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Audio Topic
09:01:26 AM Start
09:02:13 AM SB114
10:55:33 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 114 OIL & GAS PRODUCTION TAX; INCOME TAX TELECONFERENCED
Department of Revenue, Presentation by
Richard Ruggiero, PE, IN3NERGY LLC
+ Bills Previously Heard/Scheduled: TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                        May 1, 2023                                                                                             
                         9:01 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:01:26 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Olson called the Senate Finance Committee meeting                                                                      
to order at 9:01 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Donny Olson, Co-Chair                                                                                                   
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Click Bishop                                                                                                            
Senator Jesse Kiehl                                                                                                             
Senator Kelly Merrick                                                                                                           
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator  Bill Wielechowski,  Sponsor;  Fadil Limani,  Deputy                                                                    
Commissioner,  Department  of  Revenue; Dan  Stickel,  Chief                                                                    
Economist,   Economic   Research    Group,   Tax   Division,                                                                    
Department of  Revenue; Kara  Moriarty, President  and Chief                                                                    
Executive  Officer, Alaska  Oil  and  Gas Association;  Rich                                                                    
Ruggiero, Principal, In3nergy; Senator Cathy Giessel.                                                                           
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 114    OIL and GAS PRODUCTION TAX; INCOME TAX                                                                                
                                                                                                                                
          SB 114 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
SENATE BILL NO. 114                                                                                                           
                                                                                                                                
     "An Act establishing an income tax on certain entities                                                                     
     producing or transporting oil or gas in the state;                                                                         
     relating to the oil and gas production tax; and                                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
9:02:13 AM                                                                                                                    
                                                                                                                                
SENATOR  BILL   WIELECHOWSKI,  SPONSOR,  provided   a  brief                                                                    
overview  of the  bill  and the  bill's  history within  the                                                                    
legislature.                                                                                                                    
                                                                                                                                
9:04:31 AM                                                                                                                    
                                                                                                                                
FADIL  LIMANI, DEPUTY  COMMISSIONER, DEPARTMENT  OF REVENUE,                                                                    
introduced himself.                                                                                                             
                                                                                                                                
Mr. Limani discussed the presentation,  "SB 114 (CS) Oil and                                                                    
Gas Production  Tax; Income  Tax, Senate  Finance Committee"                                                                    
(copy on file). He addressed  slide 2, "Bill Sponsor Request                                                                    
to Department of Revenue":                                                                                                      
                                                                                                                                
     •Updated Fiscal Note                                                                                                       
     •Government Take Analysis                                                                                                  
          •Both current statute and SB114 (CS)                                                                                  
          •Retrospective view back to a net profits tax in                                                                      
          2006                                                                                                                  
          •Prospective view next ten years                                                                                      
     •Confirm   whether  the   tax  division   has  adequate                                                                    
     information, based  on what  is currently  submitted by                                                                    
     taxpayers, to  apply the "credit limit"  in new section                                                                    
     AS 43.55.024(k), which is the  same in both versions of                                                                    
     the bill.                                                                                                                  
                                                                                                                                
Mr. Limani pointed to slide 3, "Presentation Overview":                                                                         
                                                                                                                                
     •Tax Program History                                                                                                       
     •Oil and Gas Corporate Income Tax                                                                                          
     •Oil and Gas Production Tax                                                                                                
     •Proposed Legislation                                                                                                      
     •Updated Fiscal Note Summary                                                                                               
     •Distribution of Profits                                                                                                   
     •Effective Tax Rates                                                                                                       
     •Order of Operations                                                                                                       
                                                                                                                                
Mr. Limani looked at slide  5, "Oil and Gas Corporate Income                                                                    
Tax: Historical Review":                                                                                                        
                                                                                                                                
     •Alaska Net Income Tax Act 1949 (Under AS 43.20)                                                                           
     •Uniform Division of Income for Tax Purposes Act                                                                           
     (UDIPTA) 1959                                                                                                              
     •Multistate Tax Compact (MTC) 1970 (Under AS 43.19)                                                                        
     •Revised to include adopting Internal Revenue Code                                                                         
     (IRC) by reference unless excluded 1975                                                                                    
     •Repealed Individual Income Tax and Retained S-                                                                            
     Corporation Exemption 1980                                                                                                 
     •Adopted Current Oil and Gas Apportionment Factor on                                                                       
     worldwide income (was separate accounting) 1981                                                                            
                                                                                                                                
Mr. Limani highlighted slide 6, "Oil and Gas Corporate                                                                          
Income Tax: Current Fiscal Regime":                                                                                             
                                                                                                                                
     •Applies to C-Corporations only                                                                                            
         o Many, but not all, companies in Alaska                                                                               
     •"Alaska   Taxable   Income"    determined   using   an                                                                    
     "apportionment factor"                                                                                                     
          o Non-Petroleum based on U.S. "water's edge"                                                                          
          activity, apportioned to Alaska based on Alaska's                                                                     
          share of property, payroll, and sales                                                                                 
          o Petroleum      based on worldwide activity,                                                                         
          apportioned to Alaska based on Alaska's share of                                                                      
          property, production, and sales/tariffs                                                                               
     •Bracketed tax rate, with highest rate of 9.4 percent                                                                      
     on taxable income over $222,000                                                                                            
                                                                                                                                
9:10:10 AM                                                                                                                    
                                                                                                                                
Mr. Limani pointed to slide 7, "Oil and Gas Production Tax:                                                                     
Historical Review":                                                                                                             
                                                                                                                                
     •Economic Limit Factor (ELF) pre-2006                                                                                      
     •Petroleum Production Tax (PPT) 2006                                                                                       
     •Alaska's Clear and Equitable Share (ACES) 2007                                                                            
          oHB280 (Cook Inlet Recovery Act) 2010                                                                                 
     •More Alaska Production Act (SB21) 2013                                                                                    
          oHB247 2016                                                                                                           
          oHB111 2017                                                                                                           
                                                                                                                                
Mr. Limani discussed slide 8, "Oil and Gas Production Tax:                                                                      
Current Fiscal Regime":                                                                                                         
                                                                                                                                
     SB21 Goals                                                                                                                 
     •Enhance global competitiveness and investment climate                                                                     
     •Incentivize North Slope Development                                                                                       
     •Stabilize production                                                                                                      
     SB21 Summary                                                                                                               
     •Tax Base = 35 percent Production Tax Value (Gross                                                                         
     Value less lease expenditures)                                                                                             
     •Minimum Tax Floor = 4 percent Gross Value                                                                                 
     •Progressivity = Sliding scale credit $0 -$8 per                                                                           
     taxable barrel                                                                                                             
                                                                                                                                
Co-Chair Hoffman wondered whether the goals had been met.                                                                       
                                                                                                                                
Mr.  Limani asked  which goals  were referenced  by Co-Chair                                                                    
Hoffman.                                                                                                                        
                                                                                                                                
Co-Chair Hoffman pointed to the  goals laid out as the three                                                                    
bullet points on page 8.                                                                                                        
                                                                                                                                
9:13:05 AM                                                                                                                    
                                                                                                                                
DAN STICKEL,  CHIEF ECONOMIST, ECONOMIC RESEARCH  GROUP, TAX                                                                    
DIVISION,  DEPARTMENT OF  REVENUE,  replied that  SB 21  had                                                                    
overall  shown  a  tax  reduction  to  the  industry  to  it                                                                    
enhanced the state's global  competitiveness. He stated that                                                                    
there had been some new  development that showed a result of                                                                    
incentivizing  new  development,  but  he  deferred  to  the                                                                    
industry  remarking   on  that   goal.  He  stated   that  a                                                                    
stabilization of production had  occurred since this passage                                                                    
of SB 21.                                                                                                                       
                                                                                                                                
Co-Chair  Hoffman recalled  that a  goal was  to attempt  to                                                                    
fill  the Trans-Alaska  Pipeline System  (TAPS) to  at least                                                                    
half  full at  one million  barrels per  day, and  asked for                                                                    
comment on that.                                                                                                                
                                                                                                                                
Mr. Stickel  replied that it  was an aspirational  goal that                                                                    
was laid out by the administration  at the time of SB 21. He                                                                    
stressed  that it  should be  viewed as  "aspirational", and                                                                    
remarked that  TAPS had  not reached  a million  barrels per                                                                    
day.                                                                                                                            
                                                                                                                                
9:15:13 AM                                                                                                                    
                                                                                                                                
Co-Chair  Olson  noted  that the  promise  of  the  specific                                                                    
number   of  barrels   to  the   pipeline  had   caught  the                                                                    
legislature's  attention,  but  that had  not  happened.  He                                                                    
asked  what  the  state  could   have  done  to  ensure  the                                                                    
achievement of that goal.                                                                                                       
                                                                                                                                
Mr.  Stickel replied  that the  subject could  be part  of a                                                                    
broader  conversation  beyond  what they  were  prepared  to                                                                    
discuss.                                                                                                                        
                                                                                                                                
Senator Bishop  stressed that there  should be  caution when                                                                    
discussing  lofty  goals  because   of  the  possibility  of                                                                    
litigation.                                                                                                                     
                                                                                                                                
Senator Kiehl queried the historical analysis on SB 21.                                                                         
                                                                                                                                
Mr. Stickel  replied that there was  a separate presentation                                                                    
on the subject.                                                                                                                 
                                                                                                                                
Co-Chair  Stedman  agreed,  and  asked for  a  refresher  of                                                                    
presentations on production  previously to that legislation,                                                                    
and  the forecasted  long-term  production  compared to  the                                                                    
actual results.                                                                                                                 
                                                                                                                                
Mr. Limani pointed to slide 10, "Primary Bill Provisions":                                                                      
                                                                                                                                
     • Oil and Gas Corporate Income Tax                                                                                         
     • Oil and Gas Production Tax                                                                                               
     •Sliding Scale Per Barrel Credit Rate Changes                                                                              
     •Per Barrel Credits tied to Capital Spend                                                                                  
     • Retroactive to January 1, 2023                                                                                           
                                                                                                                                
9:20:10 AM                                                                                                                    
                                                                                                                                
Mr.  Limani  displayed  slide 11,  "Oil  and  Gas  Corporate                                                                    
Income Tax":                                                                                                                    
                                                                                                                                
     Current law, only C-Corporations are subject to                                                                            
     Alaska's corporate income tax  Oil and Gas and Non-                                                                        
     Oil and Gas                                                                                                                
     Proposed Legislation Provisions-SB 114 (CS)                                                                                
     • Would tax oil and gas pass-through entities with                                                                         
     "qualified taxable income" over $4 million at a rate                                                                       
     of 9.4 percent                                                                                                             
     •  "Qualified  taxable  income"   as  income  from  the                                                                    
     production of  oil or gas  from a lease or  property in                                                                    
     the state or  from the transportation of oil  or gas by                                                                    
     pipeline in the state                                                                                                      
                                                                                                                                
Senator  Kiehl wondered  whether  the bill  had written  the                                                                    
portion  of  the  income  as   oil  and  gas  income,  other                                                                    
corporate income tax, worldwide, or waters edge.                                                                                
                                                                                                                                
Mr. Limani replied with, "oil and gas."                                                                                         
                                                                                                                                
Co-Chair Olson recalled that there  would be an amendment to                                                                    
clarify the  corporate tax changes  so Alaska could  get its                                                                    
share.                                                                                                                          
                                                                                                                                
Mr.  Limani replied  that there  was an  agreement with  the                                                                    
bill sponsor  to incorporate the changes,  but remarked that                                                                    
he had not yet seen a draft of that language.                                                                                   
                                                                                                                                
Mr.  Limani  looked at  slide  12,  "Oil and  Gas  Corporate                                                                    
Income Tax":                                                                                                                    
                                                                                                                                
     SB 114 (CS) Perspective Fiscal Impacts:                                                                                    
     • 28 non-C-Corporation, oil and gas entities doing                                                                         
     business in Alaska. Real revenue impact is uncertain                                                                       
     due to limited data                                                                                                        
                                                                                                                                
Co-Chair Olson wondered whether  the number was high because                                                                    
it had a retroactive effective date of 18 months.                                                                               
                                                                                                                                
Mr. Limani replied in the affirmative.                                                                                          
                                                                                                                                
Co-Chair Hoffman  wondered whether the administration  had a                                                                    
position on the retroactive effective date.                                                                                     
                                                                                                                                
Mr. Limani  replied that  the administration  provided their                                                                    
feedback,  but  the  department  would  wait  to  declare  a                                                                    
position  until there  was proposed  language from  the bill                                                                    
sponsor.                                                                                                                        
                                                                                                                                
Co-Chair  Olson surmised  that  the  administration had  not                                                                    
ruled out being against the effective date.                                                                                     
                                                                                                                                
Mr.  Limani  replied that  there  was  a current  review  of                                                                    
amendments.                                                                                                                     
                                                                                                                                
Co-Chair  Stedman wondered  whether  the administration  was                                                                    
supportive of the concept of the bill.                                                                                          
                                                                                                                                
Mr.  Limani  replied that  the  department  did not  have  a                                                                    
position on the bill.                                                                                                           
                                                                                                                                
9:25:24 AM                                                                                                                    
                                                                                                                                
Senator Wilson  queried the estimated fiscal  impacts of why                                                                    
there was a steep decline in outgoing years.                                                                                    
                                                                                                                                
Mr. Limani deferred to Mr. Stickel.                                                                                             
                                                                                                                                
Mr.  Stickel  replied  that  the  estimated  fiscal  impacts                                                                    
displayed on  slide 12 showed  a decline because 1)  the oil                                                                    
price forecast  showed some backwardation, so  the oil price                                                                    
was  expected to  decrease over  time; and  2) the  share of                                                                    
production from  the non-seed  corporations was  expected to                                                                    
decrease over time.                                                                                                             
                                                                                                                                
Co-Chair Hoffman  wondered whether the administration  had a                                                                    
position on  the S-corporations  to C-corporations  to level                                                                    
the playing field in the industry.                                                                                              
                                                                                                                                
Mr. Limani replied in the negative.                                                                                             
                                                                                                                                
Mr.  Limani highlighted  slide 13,  "Oil  and Gas  Corporate                                                                    
Income Tax  Brackets." He  noted that there  was a  chart on                                                                    
the  left-hand   side  that  summarized  the   existing  tax                                                                    
brackets.  The  right-hand  side showed  what  the  proposed                                                                    
legislation.                                                                                                                    
                                                                                                                                
Co-Chair  Stedman wondered  whether the  previous Department                                                                    
of  Revenue (DOR)  commissioner had  advocated a  change. He                                                                    
asked whether  there was a  change in that direction,  or if                                                                    
he misspoke.                                                                                                                    
                                                                                                                                
Mr.  Limani   replied  that   the  administration   did  not                                                                    
currently have a  position on the legislation,  and was only                                                                    
providing the facts as requested by the bill sponsor.                                                                           
                                                                                                                                
Co-Chair Stedman  requested a focus  on the bill  as amended                                                                    
in detail.                                                                                                                      
                                                                                                                                
Senator Merrick queried how many  companies fit into each of                                                                    
the categories displayed on the slide.                                                                                          
                                                                                                                                
Mr. Limani agreed to provide that information.                                                                                  
                                                                                                                                
9:30:04 AM                                                                                                                    
                                                                                                                                
Senator  Bishop  requested  the  modeling of  SB  21  as  it                                                                    
originally passed the Senate for a side-by-side comparison.                                                                     
                                                                                                                                
Co-Chair Olson wondered  whether the request was  for DOR to                                                                    
provide that information.                                                                                                       
                                                                                                                                
Senator Bishop replied that he would like DOR to provide                                                                        
that information.                                                                                                               
                                                                                                                                
Co-Chair Olson asked whether that was possible of Mr.                                                                           
Limani.                                                                                                                         
                                                                                                                                
Mr. Limani replied in the affirmative.                                                                                          
                                                                                                                                
Mr. Limani discussed slide 14, "Oil and Gas Production Tax:                                                                     
Per Barrel Credits":                                                                                                            
                                                                                                                                
     SB 114(CS) Proposed Legislative Provisions:                                                                                
     •  Would change  the per  barrel credit  rates (sliding                                                                    
     scale per barrel credits only)                                                                                             
     • Would  limit the  per taxable  barrel credits  to the                                                                    
     amount of qualified capital expenditures                                                                                   
                                                                                                                                
Mr. Limani looked at slide 15, "Oil and Gas Production Tax:                                                                     
Per Barrel Credits":                                                                                                            
                                                                                                                                
     Retrospective and Perspective Fiscal Impacts                                                                               
                                                                                                                                
Mr. Limani pointed to slide 16, "Oil and Gas Production                                                                         
Tax: Sliding Scale Per Barrel Credits":                                                                                         
                                                                                                                                
     Sliding Scale Credit Rate Changes                                                                                          
                                                                                                                                
Mr. Limani highlighted slide 17, "Oil and Gas Production                                                                        
Tax: Sliding Scale Per Barrel Credits":                                                                                         
                                                                                                                                
     SB 114 (CS) "Crossover"                                                                                                    
     Due  to  other changes  in  the  bill, the  "crossover"                                                                    
     between the  gross and net  taxes moves from  about $53                                                                    
     to $40 per barrel                                                                                                          
                                                                                                                                
Mr. Stickel addressed slide 19, "Disclaimer":                                                                                   
                                                                                                                                
     • Alaska's severance tax is  one of the most complex in                                                                    
     the world  and portions  are subject  to interpretation                                                                    
     and dispute                                                                                                                
     •  These  numbers  are rough  approximations  based  on                                                                    
     public data,  as presented in  the Spring  2023 Revenue                                                                    
     Sources Book and other revenue forecasts                                                                                   
     • This presentation is  solely for illustrative general                                                                    
     purposes.                                                                                                                  
          o Not an official statement as to any particular                                                                      
          tax liability, interpretation, or treatment                                                                           
          o Not tax advice or guidance                                                                                          
     • Some numbers may differ due to rounding                                                                                  
                                                                                                                                
9:34:27 AM                                                                                                                    
                                                                                                                                
Mr. Stickel pointed  to slide 20, "Updated  Fiscal Note." He                                                                    
stated  that   the  fiscal  table  assumed   no  changes  to                                                                    
production  or investment,  which  was  consistent with  the                                                                    
preparation  of  other fiscal  notes  for  oil and  gas  tax                                                                    
legislation. He  remarked that each of  the major provisions                                                                    
of the bill were detailed within the slide.                                                                                     
                                                                                                                                
Mr.  Stickel  discussed  slide  21,  "Updated  Fiscal  Note-                                                                    
Illustration." He  stated that the  slide showed a  range of                                                                    
prices,  but the  numbers excluded  the retroactive  payment                                                                    
for the January through June 2023 period.                                                                                       
                                                                                                                                
9:40:34 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman  looked at  slide  20,  and requested  the                                                                    
number of  impacts going back  to the sale to  Hillcorp, and                                                                    
how much money the state received in that timeframe.                                                                            
                                                                                                                                
9:41:04 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:42:10 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:42:15 AM                                                                                                                    
                                                                                                                                
Mr. Limani replied that a  similar request was in the works,                                                                    
and agreed to provide that information.                                                                                         
                                                                                                                                
Senator Merrick  wanted to  clarify the  presentation's bill                                                                    
version.                                                                                                                        
                                                                                                                                
9:42:51 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:43:12 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:43:16 AM                                                                                                                    
                                                                                                                                
Mr.  Limani replied  that the  modeling in  the presentation                                                                    
incorporated  the  current  version  of  the  bill  and  the                                                                    
changes within.                                                                                                                 
                                                                                                                                
Co-Chair  Stedman asked  how the  department integrated  the                                                                    
Willow Project into the modeling.                                                                                               
                                                                                                                                
Mr.   Stickel   replied   that  the   Willow   Project   was                                                                    
incorporated  into  the Spring  2023  forecast  on a  risked                                                                    
basis, so there  was a portion but not all  of the potential                                                                    
production and cost from that field.                                                                                            
                                                                                                                                
Co-Chair  Stedman   wondered  whether  there  would   be  an                                                                    
adjustment up or down with all incorporated costs.                                                                              
                                                                                                                                
Mr.  Stickel responded  that adding  all  costs and  revenue                                                                    
from Willow  would result  in a  lower production  tax value                                                                    
until production came online in about FY 28.                                                                                    
                                                                                                                                
9:45:42 AM                                                                                                                    
                                                                                                                                
Mr. Stickel  displayed slide  23, "North  Slope Distribution                                                                    
of Profits":                                                                                                                    
                                                                                                                                
     • Based on Spring 2023 Forecast for FY 2024                                                                                
     • Assumes "typical" barrel of oil production                                                                               
     • Assumes a single taxpayer on state land, 12.5                                                                            
     percent royalty                                                                                                            
     • Assumes $2.00 per barrel property tax                                                                                    
     • Assumes 4.25 percent effective state corporate                                                                           
    income tax, 21 percent federal corporate income tax                                                                         
          o4.25 percent is based on historical analysis for                                                                     
          companies subject to state corporate income tax                                                                       
     • Does not include any potential changes in company                                                                        
    behavior or investment as a result of this proposal                                                                         
     • For SB114 (CS), impact of capital expenditure limit                                                                      
     on tax credits is estimated based on deductible                                                                            
     capital expenditures                                                                                                       
                                                                                                                                
Mr.  Stickel  discussed  slide   24,  "Government  Take  Per                                                                    
Barrel: Status Quo vs. SB 114 (CS) (Total CapEx)."                                                                              
                                                                                                                                
Senator Kiehl  noted that the  9.4 percent  corporate income                                                                    
tax rate made about a 2  percent difference in the take, but                                                                    
the previous slide  showed that 4 percent  was the effective                                                                    
tax  rate.   He  asked  for   more  detail   regarding  that                                                                    
difference.                                                                                                                     
                                                                                                                                
Mr. Stickel  explained that the  state corporate  income tax                                                                    
applied to  worldwide income as apportioned  to Alaska based                                                                    
on  Alaska's  share  of  production,  property,  sales,  and                                                                    
tariffs.  He stated  that, generally,  Alaska  tended to  be                                                                    
slightly more profitable than the  rest of the world, so the                                                                    
effective  tax rate  was  where the  4.25  percent rule  was                                                                    
determined.                                                                                                                     
                                                                                                                                
Senator Kiehl stated  that the next step showed  that it was                                                                    
only a 2 percent difference in the state "take."                                                                                
                                                                                                                                
Mr. Stickel  noted that there  was an overall  profit, which                                                                    
was  the  total  cashflow  available  for  distribution.  He                                                                    
stated that  royalties, property  tax, and  state production                                                                    
tax  was  removed  from that  profit.  The  state  corporate                                                                    
income tax  only applied to  the remaining share  of profits                                                                    
after those subtractions.                                                                                                       
                                                                                                                                
9:51:01 AM                                                                                                                    
                                                                                                                                
Co-Chair Olson noted  that there was a display  on the chart                                                                    
that showed corporate  income tax being paid  at 50 percent,                                                                    
but under  SB 117 there  was a  reduction to 48  percent for                                                                    
the companies that did not pay state income tax.                                                                                
                                                                                                                                
Mr.  Stickel replied  that the  left and  the middle  barrel                                                                    
were based on  current law, and the  only difference between                                                                    
them was whether the company  was subject to state corporate                                                                    
income tax.                                                                                                                     
                                                                                                                                
Mr.  Stickel  highlighted  slide   25,  Government  Take  at                                                                    
Various Oil Prices: Status Quo (w/ CIT, Total CapEx)."                                                                          
                                                                                                                                
Mr. Stickel pointed to slide  26, Government Take at Various                                                                    
Oil Prices: Status Quo (w/o CIT, Total CapEx)."                                                                                 
                                                                                                                                
Mr. Stickel discussed slide 27,  "Government Take at Various                                                                    
Oil Prices: SB 114 (CS) (Total CapEx)."                                                                                         
                                                                                                                                
Senator Wilson queried any  comparisons with the neighboring                                                                    
oil and gas producing states.                                                                                                   
                                                                                                                                
Mr. Stickel replied that he did not.                                                                                            
                                                                                                                                
9:55:01 AM                                                                                                                    
                                                                                                                                
Senator Wilson asked for that comparison.                                                                                       
                                                                                                                                
Mr.  Stickel  stated that  there  was  not currently  a  tax                                                                    
consultant,   but  agreed   to  provide   some  high   level                                                                    
illustrations.                                                                                                                  
                                                                                                                                
Mr.   Stickel  looked   at  slide   28,  "Government   Take:                                                                    
Retrospective and Prospective."                                                                                                 
                                                                                                                                
Co-Chair Olson queried the effect of SB 21 on the slide.                                                                        
                                                                                                                                
Mr.  Stickel replied  that  SB  21 had  a  modest impact  on                                                                    
overall government take.                                                                                                        
                                                                                                                                
Co-Chair  Stedman remarked  that  the rate  was  set at  the                                                                    
federal tax  rate, but felt  that it was a  corporate income                                                                    
tax issue.                                                                                                                      
                                                                                                                                
10:00:32 AM                                                                                                                   
                                                                                                                                
Mr. Stickel addressed slide 30,  "Effective Tax Rate: Status                                                                    
Quo vs SB 114 (CS) (Non-GVR, Total CapEx)."                                                                                     
                                                                                                                                
Mr.  Stickel  pointed  to slide  31,  "Effective  Tax  Rate:                                                                    
Status Quo vs SB 114 (CS) (GVR, Total CapEx)."                                                                                  
                                                                                                                                
Co-Chair  Stedman wondered  where the  Willow and  Pikka oil                                                                    
fields would fall within the two slides.                                                                                        
                                                                                                                                
Mr.  Stickel replied  that they  were  new developments,  so                                                                    
they  would   likely  be  eligible   for  the   gross  value                                                                    
production provisions.                                                                                                          
                                                                                                                                
10:05:12 AM                                                                                                                   
                                                                                                                                
Mr. Stickel  discussed slide 33,  "Production Tax  "Order of                                                                    
Operations": FY 2024."                                                                                                          
                                                                                                                                
Mr. Stickel highlighted slide 34,  "Production Tax "Order of                                                                    
Operations": FY 2024 with SB114 (CS)."                                                                                          
                                                                                                                                
Co-Chair Olson wondered whether  the 76 percent tax increase                                                                    
was the actual government take.                                                                                                 
                                                                                                                                
Mr. Stickel  replied that looking  at the  actual percentage                                                                    
of property  from the  industry should  be referred  to from                                                                    
the  government take  slides,  which  showed the  government                                                                    
take increasing to 55 percent.                                                                                                  
                                                                                                                                
Co-Chair   Olson   wondered   if  the   state   received   a                                                                    
significantly smaller portion than the $566 million.                                                                            
                                                                                                                                
Mr.  Stickel   replied  that  he  did   not  understand  the                                                                    
question.                                                                                                                       
                                                                                                                                
Senator  Kiehl queried  the delta  in government  take as  a                                                                    
percentage.                                                                                                                     
                                                                                                                                
Mr.  Stickel replied  that the  delta in  overall government                                                                    
take was a 5 to 7 percent increase in government take.                                                                          
                                                                                                                                
Mr.  Stickel  pointed  to   slide  35,  "Lease  Expenditures                                                                    
Example: Takeaways":                                                                                                            
                                                                                                                                
     •Under both status  quo (current law) and  SB 114 (CS),                                                                    
     companies  that spend  more in  Alaska pay  less taxes,                                                                    
     when above the minimum tax floor                                                                                           
     •Current  law provides  a 35  percent  tax savings  for                                                                    
     additional  investments,  when  above the  minimum  tax                                                                    
     floor                                                                                                                      
     •Capping  tax credits  by capital  expenditures creates                                                                    
     potential for "gold plating"                                                                                               
          •In certain circumstances, SB 114 (CS) would                                                                          
          provide a 135 percent tax saving for additional                                                                       
          investments, when above the minimum tax floor                                                                         
          •Dollar-for-dollar increase in tax credits plus                                                                       
          35 percent tax deduction                                                                                              
     •Each company  and field  would have  unique economics,                                                                    
     creating varying incentives between and within fields                                                                      
     •Adds  complexity   and  uncertainty,   and  encourages                                                                    
     inefficient investment decisions                                                                                           
                                                                                                                                
10:10:11 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  looked at slide  28, and  wondered whether                                                                    
the  delta  change  was  due to  the  corporate  income  tax                                                                    
change.                                                                                                                         
                                                                                                                                
Mr. Stickel replied  that there were various  impacts on the                                                                    
changes to the state.                                                                                                           
                                                                                                                                
Co-Chair Olson handed the gavel to Co-Chair Stedman.                                                                            
                                                                                                                                
10:13:24 AM                                                                                                                   
                                                                                                                                
KARA  MORIARTY,  PRESIDENT   AND  CHIEF  EXECUTIVE  OFFICER,                                                                    
ALASKA  OIL  AND  GAS   ASSOCIATION,  (AOGA)  discussed  the                                                                    
presentation, "AOGA  Senate Finance  Committee May  1, 2023"                                                                    
(copy on file).                                                                                                                 
                                                                                                                                
Ms.  Moriarty  looked  at  slide  2.  She  stated  that  the                                                                    
legislation was  a massive tax increase,  and her membership                                                                    
was unanimously opposed to the bill.                                                                                            
                                                                                                                                
Ms. Moriarty addressed slide 3:                                                                                                 
                                                                                                                                
     "Alaska's oil and gas remains the single most                                                                              
     important economic engine in the state."                                                                                   
                                                                                                                                
10:15:31 AM                                                                                                                   
                                                                                                                                
Ms.  Moriarty pointed  to slide  4,  "Cook Inlet  Historical                                                                    
Natural  Gas Production  and  Consumption  By End-Use."  She                                                                    
stated that oil  and gas companies currently  had less money                                                                    
to invest in Alaska.                                                                                                            
                                                                                                                                
Ms. Moriarty discussed slide 5, "Principles":                                                                                   
                                                                                                                                
     Governor's principles:                                                                                                     
          Tax reform must be fair to Alaskans                                                                                   
          Encourage new production                                                                                              
          Simple so that it restores balance to the system                                                                      
          Durable for the long-term                                                                                             
                                                                                                                                
Ms. Moriarty displayed  slide 6, "SB 114 is not  the same as                                                                    
Senate Finance version of SB 21."                                                                                               
                                                                                                                                
Co-Chair Stedman handed the gavel to Co-Chair Olson.                                                                            
                                                                                                                                
10:21:35 AM                                                                                                                   
                                                                                                                                
Ms. Moriarty  pointed to  slide 7,  "Current Tax  Policy (SB
21)  Achieving   Principles."  The  slide   detailed  actual                                                                    
production,  and the  red line  was the  final DOR  forecast                                                                    
under ACES,  which showed that production  would continue to                                                                    
decline at  the same level  of its trajectory.  She stressed                                                                    
that production had stabilized since the passage of SB 21.                                                                      
                                                                                                                                
10:25:11 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman  noted  that  the bill  would  "level  the                                                                    
playing field"  for producers. He  remarked that  the change                                                                    
in  the  corporation status  would  level  it in  order  for                                                                    
Hillcorp to be in the  level with the other corporations. He                                                                    
remarked  that   the  loophole  was  never   intended  until                                                                    
Hillcorp had purchased the asset.  He wondered whether there                                                                    
was opposition to that particular provision.                                                                                    
                                                                                                                                
Ms. Moriarty replied that AOGA  was opposed to every portion                                                                    
of the bill.                                                                                                                    
                                                                                                                                
Co-Chair Hoffman surmised  that there was support  of a dual                                                                    
system  of tax  structure  for the  major  producers on  the                                                                    
North Slope.                                                                                                                    
                                                                                                                                
Ms. Moriarty replied that AOGA  worked by unanimous consent,                                                                    
and she stated that they opposed all sections of the bill.                                                                      
                                                                                                                                
Co-Chair  Hoffman  said, "that  is  why  we are  the  policy                                                                    
makers."                                                                                                                        
                                                                                                                                
Senator  Kiehl agreed  that the  slide  showed positive  and                                                                    
negative correlations.  He remarked  that the slide  did not                                                                    
show  that  roughly every  development  had  the same  basic                                                                    
production curve.  He wondered whether  the line in  2005 to                                                                    
2015 correlated  to the  steep decline to  a "long  tail" in                                                                    
production.                                                                                                                     
                                                                                                                                
Ms. Moriarty replied  that it was based  on geology, because                                                                    
it was known that there was  "a lot of oil and gas remaining                                                                    
on the  North Slope." She  remarked that there was  a belief                                                                    
that there was still 2 billion  barrels of oil in the legacy                                                                    
fields.                                                                                                                         
                                                                                                                                
Co-Chair  Stedman  recalled  presentations that  showed  the                                                                    
forecasts and  the actuals  of the  legacy fields.  He noted                                                                    
that there should  have been a consideration  of the smaller                                                                    
operators and their corporation categorization.                                                                                 
                                                                                                                                
10:31:47 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:32:31 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
10:32:57 AM                                                                                                                   
                                                                                                                                
RICH  RUGGIERO,  PRINCIPAL,  IN3NERGY, replied  to  Co-Chair                                                                    
Kiehl's question. He stated that  it may take ten to fifteen                                                                    
years to reach 15 percent of production in a new field.                                                                         
                                                                                                                                
Mr.  Ruggiero looked  at the  presentation, "SB  114, Senate                                                                    
Finance, May 1, 2023" (copy on  file). He looked at slide 2,                                                                    
"Overview":                                                                                                                     
                                                                                                                                
       The traditional  oil and gas business  is headed into                                                                    
     unchartered territory adding new levels of risk                                                                            
       Items such  as tax rate and credits are  just part of                                                                    
     the state's complex fiscal system                                                                                          
       Does  SB114 incentivize  the right behavior  and will                                                                    
     it  sustain a  long  term  future for  oil  and gas  in                                                                    
     Alaska,  and a  future where  production is  stable and                                                                    
     growing so TAPS can continue to operate?                                                                                   
                                                                                                                                
Mr. Ruggiero pointed to slide 3, "Our Experience":                                                                              
                                                                                                                                
     Working on Alaska Oil Taxes:                                                                                               
        2006-2012  Administration/Governor PPT,  ACES,  LNG,                                                                    
     Gas vs Oil                                                                                                                 
        2016-2022   LB  and  A  SB21,   HB111,  LNG,  Ballot                                                                    
     Initiative                                                                                                                 
     General Industry Training                                                                                                  
                                                                                                                                
     Career Covers Three Perspectives:                                                                                          
       Big Oil Operations                                                                                                       
       Big 3 Service Company                                                                                                    
       Government Advisor                                                                                                       
                                                                                                                                
Mr. Ruggiero discussed his time  before the committee during                                                                    
Alaska's  Clear   and  Equitable  Share  (ACES)   and  other                                                                    
consulting  opportunities   and  oil-centric  work   in  his                                                                    
resume. He  continued to discuss his  extensive background I                                                                    
the field.                                                                                                                      
                                                                                                                                
10:39:46 AM                                                                                                                   
                                                                                                                                
Mr.  Ruggiero looked  at  slide  4, "What  we  bring to  the                                                                    
table":                                                                                                                         
                                                                                                                                
       Fiscal system consulting  around the globe, including                                                                    
     Alaska                                                                                                                     
        Contracted by  DOR, Governor,  Legislature, and  now                                                                    
     AOGA                                                                                                                       
        One of  a  handful  of people  that  have worked  in                                                                    
     Alaska  petroleum tax  issues from  PPT through  to the                                                                    
     present                                                                                                                    
       Some  views shared today have  been shared previously                                                                    
    over the last 17 years while working here in Alaska                                                                         
       Our starting point  is always that stable, attractive                                                                    
     fiscal systems are designed  and administrated based on                                                                    
     agreed  goals and  drivers that  are  durable over  the                                                                    
     longer term                                                                                                                
       Alaska needs to decide what its primary drivers are                                                                      
                                                                                                                                
Mr. Ruggiero noted that several members currently at the                                                                        
table had been involved in crafting ACES.                                                                                       
                                                                                                                                
10:43:59 AM                                                                                                                   
                                                                                                                                
Mr. Ruggiero pointed to slide 7, "Understanding Alaska's                                                                        
Tax Code":                                                                                                                      
                                                                                                                                
     ANSWC value used to set the gross tax percentage                                                                           
       GVPP value used to calculate the gross minimum tax                                                                       
       PTV value used to calculate the preliminary net tax                                                                      
        GVPP value  used to  determine the  allowable credit                                                                    
     level  which is  then subtracted  from the  preliminary                                                                    
     net tax                                                                                                                    
        Tax  owed is  the  greater  of  gross or  net  after                                                                    
     credits                                                                                                                    
       UNLESS the unit is GVR eligible in which case:                                                                           
       GVPP is reduced by 20 percent or 30 percent                                                                              
       Flat $5 per barrel  credit which can pierce the gross                                                                    
     minimum tax floor and take the tax owed to zero                                                                            
                                                                                                                                
Co-Chair Stedman asked that acronyms be defined.                                                                                
                                                                                                                                
Mr. Ruggiero looked at slide 8, "Overview, Tax System                                                                           
Design":                                                                                                                        
                                                                                                                                
        After 40+  years  working with  dozens of  petroleum                                                                    
     fiscal systems:                                                                                                            
            There is no ideal or best petroleum fiscal                                                                          
          system                                                                                                                
            Each government has a unique set of                                                                                 
          circumstances, resources and drivers                                                                                  
            Governments need to balance their needs with                                                                        
          the global competition for investment capital                                                                         
       While change is constant in the industry, recent                                                                         
     global events and pressures are massively shifting how                                                                     
     producers think about, plan and do business                                                                                
                                                                                                                                
     Alaska finds itself facing a common government                                                                             
     conundrum:                                                                                                                 
            Does it place  priority on fulfilling short term                                                                    
          revenue  needs knowing  how  much  extra it  takes                                                                    
          could  possibly  negatively   impact  longer  term                                                                    
          revenues  needed  to  fund the  state  for  future                                                                    
          generations?                                                                                                          
     Fiscal system design is part science and part art                                                                          
                                                                                                                                
10:50:46 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:54:43 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Mr.   Ruggiero   stated   that   he   had   summarized   the                                                                    
introduction, and felt that the remaining presentation                                                                          
would provide more detail.                                                                                                      
                                                                                                                                
SB 114 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:55:33 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:55 a.m.                                                                                         

Document Name Date/Time Subjects
SB 114 DOR Presentation to SFIN 05-01-23.pdf SFIN 5/1/2023 9:00:00 AM
SB 114
SB 114 20230501 in3nergy SFIN FINAL.pdf SFIN 5/1/2023 9:00:00 AM
SB 114
SB 114 AOGA SB 114 Senate Finance 05 01 23.pdf SFIN 5/1/2023 9:00:00 AM
SB 114
SB 114 Support Letters 2.pdf SFIN 5/1/2023 9:00:00 AM
SB 114
SB 114 Opposition Letters.pdf SFIN 5/1/2023 9:00:00 AM
SB 114
SB 114 Support Letters 1.pdf SFIN 5/1/2023 9:00:00 AM
SB 114