Legislature(2003 - 2004)

05/10/2004 12:55 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HCR 39 ALASKA ROYALTY AND REVENUE TASK FORCE TELECONFERENCED
Moved SCS CSHCR 39(RES) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                          May 10, 2004                                                                                          
                           12:55 p.m.                                                                                           
                                                                                                                                
TAPE(S) 04-52                                                                                                                 
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Scott Ogan, Chair                                                                                                       
Senator Ralph Seekins                                                                                                           
Senator Ben Stevens                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Fred Dyson                                                                                                              
Senator Kim Elton                                                                                                               
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RLS) am                                                                               
Establishing the Alaska Royalty and Revenue Committee.                                                                          
                                                                                                                                
     MOVED SCS CSHCR 39(RES) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: HCR 39                                                                                                                  
SHORT TITLE: ALASKA ROYALTY AND REVENUE TASK FORCE                                                                              
SPONSOR(s): RULES BY REQUEST OF ECON DEV, INT TRADE & TOURISM                                                                   
                                                                                                                                
05/06/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/06/04       (H)       RLS                                                                                                    
05/06/04       (H)       RULES TO CALENDAR PENDING REPORT                                                                       
05/06/04       (H)       MOVED TO BOTTOM OF CALENDAR                                                                            
05/06/04       (H)       IN RULES                                                                                               
05/06/04       (H)       RLS AT 1:30 PM CAPITOL 124                                                                             
05/06/04       (H)       Moved CSHCR 39(RLS) Out of Committee                                                                   
05/06/04       (H)       MINUTE(RLS)                                                                                            
05/07/04       (H)       RLS RPT CS(RLS) NT 4DP 3NR                                                                             
05/07/04       (H)       DP: COGHILL, KOTT, MCGUIRE, MORGAN;                                                                    
05/07/04       (H)       NR: BERKOWITZ, KERTTULA, ROKEBERG                                                                      
05/07/04       (H)       TRANSMITTED TO (S)                                                                                     
05/07/04       (H)       VERSION: CSHCR 39(RLS) AM                                                                              
05/08/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/08/04       (S)       RES                                                                                                    
05/10/04       (S)       RES AT 0:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Representative Cheryll Heinze                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HCR 39.                                                                                        
                                                                                                                                
Mr. Pat Owens, Executive Director                                                                                               
Resource Development Council (RDC)                                                                                              
No address provided                                                                                                             
POSITION STATEMENT: Opposes HCR 39.                                                                                           
                                                                                                                                
Ms. Judy Brady, Executive Director                                                                                              
Alaska Oil and Gas Association                                                                                                  
No address provided                                                                                                             
POSITION STATEMENT: Opposes HCR 39.                                                                                           
                                                                                                                                
Mr. Larry Howell, General Manager                                                                                               
Alaska Support Industry Alliance                                                                                                
POSITION STATEMENT: Opposes HCR 39.                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-52, SIDE A                                                                                                            
                                                                                                                                
          HCR 39-ALASKA ROYALTY AND REVENUE TASK FORCE                                                                      
                                                                                                                                
CHAIR SCOTT  OGAN called the Senate  Resources Standing Committee                                                             
meeting  to  order  at  12:55  p.m.  Present  were  Senators  Ben                                                               
Stevens, Dyson, Seekins and Chair  Scott Ogan. The first order of                                                               
business to come before the committee was CSHCR 39(RLS).                                                                        
                                                                                                                                
SENATOR WAGONER  moved to  adopt SCS  CSHCR 39(RES),  version \W.                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
REPRESENTATIVE CHERYLL HEINZE explained  that many of the royalty                                                               
taxes had  not been looked at  since the 1980's and  the emphasis                                                               
should be  on how  competitive Alaska is  globally. She  said the                                                               
whole point to forming this committee  is that it needs to send a                                                               
message to  industry that two  consultants are being hired  to do                                                               
the work, the legislature isn't.                                                                                                
                                                                                                                                
MR. PAT OWENS, Executive  Director, Resources Development Council                                                               
(RDC),  said  RDC is  a  statewide  non-profit organization  that                                                               
represents companies  from Alaska's oil and  gas, mining, tourism                                                               
and fishing industries. He was  concerned with the resolution for                                                               
a couple  of reasons.  It was  not introduced  until May  6, only                                                               
four  days earlier,  and  it  needs more  time  to be  thoroughly                                                               
evaluated.  He thought  HCR  39 could  send  negative signals  to                                                               
existing  and perspective  investors  in Alaska's  oil patch.  He                                                               
urged members  to focus on improving  Alaska's competitiveness in                                                               
order  to grow  the  state's  oil and  gas  industry rather  than                                                               
focusing  on increasing  taxes to  the existing  industry if  the                                                               
resolution passes.                                                                                                              
                                                                                                                                
CHAIR OGAN  agreed that the  bill was  rushed and that  there are                                                               
significant changes  from the original  version. He asked  if Mr.                                                               
Owens  wanted to  comment on  the changes,  particularly page  1,                                                               
line 13.  The MacKenzie  Report, commissioned  by the  Alaska Oil                                                               
and Gas Authority  (AOGA) said basically that Alaska  is not that                                                               
competitive, that it needs to  do more to encourage the industry.                                                               
He  said the  legislature  needs good  information  to make  good                                                               
policy.                                                                                                                         
                                                                                                                                
MR. OWENS said  he appreciated the attention he is  paying to the                                                               
issue.                                                                                                                          
                                                                                                                                
MS.  JUDY   BRADY,  Executive  Director,   Alaska  Oil   and  Gas                                                               
Association,  cautioned   the  committee  against   passing  this                                                               
resolution.  She  relayed a  question  that  her exploration  and                                                               
production companies have heard  from the headquarter offices: If                                                               
the legislature increases  oil and gas taxes in  Alaska, taxes on                                                               
their  projects  increase?  At least  two  companies  are  making                                                               
decisions  now about  whether or  not to  invest in  new projects                                                               
that will  determine new production 5  to 10 years from  now. She                                                               
said  HCR 39  is sending  a mixed  message to  the industry  that                                                               
Alaska  is considering  raising their  taxes. Her  companies want                                                               
Alaska policies to be clear and stable.                                                                                         
                                                                                                                                
CHAIR OGAN said  he thought that could be  an accurate perception                                                               
of  the original  resolution, but  that  is why  it was  changed.                                                               
Legislative Budget  and Audit  (LB&A) has the  authority to  do a                                                               
study  if  it   wishes  and  it  should   already  have  accurate                                                               
information.                                                                                                                    
                                                                                                                                
MS.  BRADY suggested  that legislation  should not  be introduced                                                               
because of the  message it sends. Right now a  lot of phone calls                                                               
are being made  [about taxes going up] and that's  not good. LB&A                                                               
could be simply directed to do a study.                                                                                         
                                                                                                                                
CHAIR  OGAN asked  her to  pass  on the  message that  HCR 39  is                                                               
different and  have them comment on  what is before them  now. He                                                               
has worked  awfully hard  to encourage  development in  the state                                                               
and is not trying to discourage it in any way.                                                                                  
                                                                                                                                
MR.  LARRY  HOWELL,  General  Manager,  Alaska  Support  Industry                                                               
Alliance,  said  his 25,000  to  30,000  contracting members  are                                                               
concerned with HCR 39 because  it creates the perception that oil                                                               
and gas taxes  will be increased although the  bill has obviously                                                               
been changed. This  bill focuses on the oil and  gas industry and                                                               
this is  something that  colleagues on both  sides have  told his                                                               
members they would not do.                                                                                                      
                                                                                                                                
In addition,  the Alliance believes  this is very poor  timing as                                                               
gas line negotiations  are going on right now  that are important                                                               
to the industry. "Increased taxation  and a change to the Alaskan                                                               
fiscal  tax  regime  slows  capital  spending.  I  kid  you  not,                                                               
contractors  are on  the  first  lines when  it  comes to  slowed                                                               
capital spending. We're the first to  feel the pain when it comes                                                               
to layoffs and that decrease in capital spending."                                                                              
                                                                                                                                
He suggested  that a  good study  could be done  by four  of five                                                               
firms worldwide,  but it would  be very expensive. It  would most                                                               
likely demonstrate  that Alaska is  clearly a very  expensive and                                                               
costly place  for investment. It  needs to be  competitive around                                                               
the globe.                                                                                                                      
                                                                                                                                
CHAIR  OGAN said  that 90  percent  of the  work he  does in  the                                                               
legislature is  on resource  issues. He  probably doesn't  need a                                                               
study  to tell  him that  Alaska is  challenged with  the highest                                                               
operating expenses  in the world.  It takes years to  attract new                                                               
money  for a  new project  to  the state,  but it  only takes  15                                                               
minutes  at a  board meeting  to have  that money  go away.  This                                                               
resolution has been changed to  tell LB&A to give the legislature                                                               
good information to make good  decisions. He has a constitutional                                                               
responsibility to make the best choices for Alaska.                                                                             
                                                                                                                                
MR. HOWELL said he appreciated his efforts.                                                                                     
                                                                                                                                
CHAIR  OGAN  moved  to  amend  the title  on  line  1  by  adding                                                               
"competitiveness  of  the"  in  front of  "state's  oil  and  gas                                                               
"requesting  a study  and report  on the  competitiveness of  the                                                               
state's  oil and  gas tax  and royalty  structures". He  then put                                                               
forth Amendment 1, again. There were  no objections and it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CHAIR OGAN  moved Amendment  2 to delete  "although" on  line 13.                                                               
After some discussion, he withdrew it.                                                                                          
                                                                                                                                
CHAIR   OGAN   said  he   wanted   to   change  "consultant"   to                                                               
"consultants" on lines  2, 6, 9 and 18 and  to change the grammar                                                               
accordingly.                                                                                                                    
                                                                                                                                
SENATOR STEVENS moved that as  conceptual Amendment 3. There were                                                               
no objections and it was so ordered.                                                                                            
                                                                                                                                
CHAIR OGAN  wanted to  consider making the  date September  15 on                                                               
line 20.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  HEINZE  pointed  out  that the  House  felt  very                                                               
strongly about making the date later rather than too soon.                                                                      
                                                                                                                                
CHAIR  OGAN   dropped  his  suggestion.  There   was  no  further                                                               
discussion.                                                                                                                     
                                                                                                                                
SENATOR WAGONER moved to pass  SCS CSHCR 39(RES), version \W from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note.                                                                                                                           
                                                                                                                                
CHAIR OGAN  said that  LB&A has discretionary  funds to  spend on                                                               
this committee  and suggested amending  the fiscal note  to zero.                                                               
There were  no objections  and the zero  fiscal note  was adopted                                                               
and SCS CSHCR 39(RES) moved from committee.                                                                                     
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Ogan adjourned the meeting at 1:35 p.m.                                                                                   

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