By David Guttenberg and Les Gara
March 28th, 2004
Alaska is at a crossroads. We
can decide to thrive. Or, instead,
we can decide to plead poverty,
pretend we need to cut education
funding and pretend the state
cannot afford to help keep our
communities safe. One way we
can end the false cry of state
poverty is to stop granting
ill-conceived tax exemptions on
profitable oil fields. While
ConocoPhillips and BP wisely
rode high oil prices to $7 billion
and $9 billion in net earnings last
year, the state continued to
effectively waive Alaska's 15
percent oil production tax on
most new oil fields. The state
cannot plead poverty when it
hands away revenue.
Former Govs. Jay Hammond and
Walter Hickel were right to call on
the state to take a hard look at
Alaska's oil tax rules. With
Democratic Reps. Eric Croft and
Beth Kerttula, we have filed the
Alaska Fair Share bill (House Bill
441) to do just that. Sen. Hollis
French has filed a similar bill in
the Senate.
The Alaska Fair Share bill
corrects two glaring problems
with Alaska's oil production tax. It
removes an inflexible, dated tax
exemption and provides
Alaskans with a fair share for our
oil wealth. Current law exempts
profitable oil fields from the
state's production tax too easily.
The state reduces Alaska's 15
percent production tax based
upon an inflexible formula called
the Economic Limit Factor.
Because of the ELF, 11 of the
last 14 fields to come on line pay
less than a 1 percent production
tax.
The ELF provides that smaller
fields, no matter how profitable,
can avoid Alaska's production
tax. With more small fields on
line, the average tax rate has
fallen sharply. In 1993, the
average severance tax paid on
North Slope oil was 13.5 percent.
Today, the average production tax
has fallen to 7.5 percent. In the
next decade the ELF will reduce
the average production tax to 4
percent.
If we don't amend the law, the
Department of Revenue projects
that production tax revenue will
fall from $415 million next year to
$341 million in 2006 and to $191
million by 2012. Though oil
production is projected to fall
modestly by roughly 6 percent in
that time, the ELF will allow oil
production tax revenue to fall by
over 50 percent.
The Alaska Fair Share bill also
produces an equitable revenue
split. Currently, the state's share
of Alaska's oil wealth is dwarfed
by corporate profits at high oil
prices. The Department of
Revenue estimates that at $30
per barrel, Alaska's oil
companies garner roughly $1.2
billion more in profits, measured
conservatively, than the state
receives in total oil revenue. This
imbalance grows at higher
prices.
Our bill allows tax incentives but
on a rational basis. At $30 per
barrel, when companies enjoy
high windfall profits, the bill
modestly increases the
production tax and raises roughly
$400 million in additional
revenue. At average prices the
bill raises roughly $100 million in
additional revenue.
The bill also seeks to attract
investment to Alaska by allowing
tax relief at low prices. Below $10
per barrel, the bill defers 50
percent of company production
taxes until prices rise and waives
the other 50 percent. Companies
fear low oil prices, and the
exemption below $10 per barrel
reduces the risk of investing in
Alaska. The bill also leaves
Alaska's "Royalty Relief" law in
place. That law attracts
investment by allowing a
reduction in the state's 12.5
percent royalty if companies
show a reduction is needed to
make a marginal field profitable.
Finally, much of Alaska's future
hinges upon the development of
"heavy oil," which is expensive to
produce. The bill's enhanced tax
provisions do not apply to heavy
oil.
Alaska's oil belongs to all of us.
The Alaska Constitution requires
that we make sure Alaskans
receive the "maximum benefit" for
our public resources. This bill
fills that constitutional mandate. It
is certainly only part of the
solution to Alaska's budget
woes. But it's an important part.
We can develop it in a way that
attracts investment. But we
should do so wisely, in a way that
doesn't make this wealthy state
poor.