Last Tuesday, Alaska voters rejected a referendum proposal that would have repealed oil and gas production tax legislation signed into law by Governor Sean Parnell in May 2013, known the “More Alaska Production” Act.
Continue Reading Alaska Voters Reject Referendum Regarding Oil and Gas Production Taxes
Alaska
Alaska Legislature Lowers Oil and Gas Production Taxes, Amends Incentives
Senate Bill 21, which was recently signed into law, significantly alters Alaska’s Oil and Gas Production Tax regime. Although discussions regarding this law have largely been focused on North Slope activity, other areas of the state are also affected.
To understand the relevance of the amendments, it is useful to have a basic understanding of…
State of Alaska Extends Certain Oil & Gas Leases
The State of Alaska has amended state law to provide for extension of the primary term of oil and gas leases on state lands when such extensions are in the best interests of the state. HB 198 authorizes the Commissioners of the Department of Natural Resources (the “Commissioner”) to extend the primary term of an…
Alaska Extends the Comment Period for its Fracking Regulations
The Alaska Oil and Gas Conservation Commission (AOGCC) extended the period for comments on its proposed regulations governing hydraulic fracturing. The deadline for written comments is now April 1, 2013, and the public hearing has been rescheduled to April 4, 2013.
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Alaska Considering State Primacy Over Section 404 Dredge and Fill Permitting
In his State of the State address on January 16, 2013, Alaska Governor Sean Parnell called for the state to assume primacy for dredge and fill permitting under Section 404 of the Clean Water Act. Two days later, on January 18, 2013, Governor Parnell introduced two bills – Senate Bill 27 and House Bill 78…
Proposed Alaska Oil and Gas Production Tax Bill Would Reduce Tax Rates, Alter Credits
On January 16, 2013, Alaska Governor Sean Parnell introduced proposed legislation that would significantly alter Alaska’s Oil and Gas Production Tax regime. The current law, known as Alaska’s Clear and Equitable Share Act (“ACES”), was enacted in 2007 and is located in Alaska Statutes 43.55.011 et seq. This tax is levied on the net profits of oil and gas production from leases or properties in the state, except for the federal and state royalty share and oil and gas used in drilling or production operations. In this context, the term “net profits” is essentially the gross value at the point of production, also known as wellhead value (market price less transportation costs) less upstream operating and capital costs.
The tax that is levied on net profit per Btu equivalent barrel of oil and gas is the sum of (1) a base tax rate of 25% and (2) a progressive surcharge that is calculated on a monthly basis and starts at 0.4% for every $1 by which net profit per barrel exceeds $30, up to $92.50. For net profits over $92.50, the progressive surcharge equals the sum of 25% (0.4% times $62.50) plus 0.1% per every additional $1 of profit per barrel, up to a maximum progressive surcharge of 50%. Thus, the maximum total nominal tax rate is 75%. The tax rates under ACES, particularly the progressive surcharge, have been and will continue to be hotly debated.Continue Reading Proposed Alaska Oil and Gas Production Tax Bill Would Reduce Tax Rates, Alter Credits
Alaska Gets Into the Fracking Regulation Game
On December 20, the Alaska Oil and Gas Conservation Commission (AOGCC) released proposed regulations governing hydraulic fracturing. The regulations would require AOGCC approval to conduct fracking activities. For comparison, California recently released a “discussion draft” of potential regulations which would impose certain requirements on fracking operations but would not require additional approval (see California Environmental…