Robin Brena

GUEST COMMENTARY: Ballot Measure 1 Means Jobs

Ballot Measure 1, the Fair Share Act, amends the current production tax regime created under Senate Bill 21 to make it fairer and more transparent for Alaskans. The major Texas-based producers and their surrogates who fashioned SB21 will say anything to keep Alaskans from amending SB21 and getting a fair share for our oil. One thing they are saying is that if we get a fair share for our oil, it will hurt our economy. Common Sense. No one can seriously believe the Alaskan economy will be better off if we keep giving away our oil for less than it is worth. In the five years since SB21 has been in effect (2015-19), the major producers have taken $57.4 billion of our oil from Alaska. During this same period, we have paid and still owe them more in awarded credits ($2.1 billion) than they have paid us in production taxes ($2 billion). Yes, you understood that correctly, they have taken $57.4 billion of our oil, and we paid and owe them more in awarded credits than they paid us in production taxes. If we get a better deal for our oil, it will help keep more of our oil wealth in Alaska, saving and creating jobs for Alaskans. Fool us once They told us SB 21 would help our economy and create jobs when it passed. We believed them, and, after SB 21 and before the pandemic, they took our net production revenues to zero and then cut 5,500 jobs or one-third of the total oil and gas workforce in Alaska. Of the 9,000 oil and gas jobs left in Alaska before the pandemic, they filled 3,000 of those jobs with people living outside of Alaska. We know we can give away billions of dollars of our oil and not get a single job out of the deal because we just spent the last five years giving away billions of dollars of our oil without getting a single job for it. After SB 21 and before the pandemic, Alaska had the highest unemployment rate of any state while our sister oil state North Dakota had the lowest unemployment rate of any state. The main reason North Dakota did so much better was because it kept more of its oil wealth in North Dakota, saving and creating jobs for North Dakotans. Great for jobs If Ballot Measure 1 would have been in effect instead of SB 21 for the last five years, Ballot Measure 1 would have brought in $1.1 billion per year or $5.5 billion in total more than SB 21. This is the economic equivalent of 11,000 new jobs at $100,000 per year outside the oil and gas industry. Importantly, Ballot Measure 1 will not cost Alaskans jobs inside the oil and gas industry. Ballot Measure 1 only applies to the three largest and most profitable oil fields in Alaska that can afford to pay a fair share without any harm to investment or jobs. In fact, before SB21, these major fields payed us more than Ballot Measure 1 for over 30 years and were able to attract investment and create jobs the entire time. Further, Ballot Measure 1 does not even apply to new and developing fields that may generate new jobs for Alaskans. Business Environment Alaska’s economy and business environment completely collapsed after SB 21 and well before the pandemic. We exhausted $18 billion in savings, cut our PFDs by two-thirds, and have been unable to properly educate our children, repair our roads, maintain our public buildings, provide for our elderly, operate an effective marine highway system, or provide jobs for Alaskans. The primary reason our economy and business environment collapsed after SB21 and before the pandemic is because we went from a five-year average of $3.8 billion a year in net production taxes to zero. This collapse in net production revenues was primarily because of SB 21 and not because of changes to the price of oil. Next year, 2021, we are expected to get only $122.3 million in production revenues under SB 21 while we still owe $728 million in unpaid awarded credits, i.e., we owe 6 times more in awarded credits than we will be paid in production revenues next year. With a fair share from our oil, we will be able to stabilize Alaska’s economy and business environment and add Alaskan jobs. Never enough While Alaskans were economically suffering after SB 21 and before the pandemic, ConocoPhillips raised dividends to their shareholders by 60 percent in the last two years, paid off billions in debt, and repurchased billions of its stock from shareholders with our money. Since SB 21, ConocoPhillips has made 68 percent of its world-wide net income from Alaska and only invested 15 percent of its world-wide capital in Alaska. Alaskans should not be intimidated out of a fair share for our oil. The Texas-based major producers say the same things every time Alaskans stand up for themselves and want a fair share. We gave up $1.1 billion per year and got nothing; we should give Ballot Measure 1 a chance. Frankly, there is no reasonable solution to addressing our State deficit without Ballot Measure 1. Vote yes For Ballot Measure 1. Robin Brena is a life-long Alaska and is an original sponsor of Ballot Measure 1, chair of the Oil and Gas Transition Committee for Gov. Bill Walker, and founder of Alaskan law firm Brena, Bell &Walker.

GUEST COMMENTARY: The Fair Share Act explained

The Fair Share Act will be Ballot Measure No. 1 this November. It will (1) only apply to our three largest and most profitable oil fields, (2) increase Alaskans’ share of revenues from our three major fields, (3) limit cost deductions from our share of our three major fields to the costs of producing oil from them, and (4) require production tax filings for our three major fields to be public. This article details these provisions and explains why they are important for Alaska’s future. Applicability. The Fair Share Act will only apply to the Prudhoe Bay Unit, the Kuparuk River Unit, and the Colville River Unit. These three major fields are low-cost, high-profit fields that should be paying Alaskans a fair share. In 2018, for example, when oil was $63.61 per barrel, Prudhoe Bay produced oil for $13 per barrel in operating costs, $2 per barrel in capital costs, and $8 per barrel in transportation costs, or about $23 per barrel in total. The resulting $40.61 per-barrel, pre-tax profit is more than the major producers made anywhere else in the world with major reserves. Importantly, the Fair Share Act will not apply to other fields until they produce 40,000 barrels per day and 400 million barrels in cumulative total. As a result, it will not impact the development of new fields in Alaska. Increases Alaskans’ Share. The Fair Share Act increases Alaskans’ share of production revenues from our three major fields by about $1 billion per year when oil prices are normalized in the $55 to $65 per barrel range. Under the current law, Senate Bill 21, Alaska is getting a smaller share of production revenues than ever in our history and a smaller share than any other major resource owner in the world. Alaskans’ share of production revenues after credits collapsed from $19 billion (2009-2013) before SB21 to less than $0 (2015-2019) after SB21. Since SB21, Alaskans have paid the producers more in cashable credits than we have received in production revenues. A $1 billion per-year increase is more than fair to the major producers. With this increase, the major producers will actually be paying less on average than they have paid for the past three decades before SB21. Production revenues are the greater of a gross or a net calculation. The gross calculation is based on a percentage of the gross value at the point of production after subtracting transportation costs and profits to the West Coast. The Fair Share Act makes two changes to the SB21 gross calculation for our three major fields. First, it increases Alaskans’ minimum share from 0-4 percent to 10 percent. Second, it makes the new 10 percent rate progressive by adding an additional 1 percent for each $5 increase in the price of oil beginning at $50 per barrel, up to a maximum of 15 percent when the price of oil reaches $70 per barrel or more. The net calculation is based on a percentage of the production tax value (gross revenues less allowed costs and credits) realized at the point of production, less transportation costs and profits to the West Coast. The Fair Share Act makes two changes to the SB21 net calculation for our three major fields. First, it increases Alaskans’ share by eliminating the $8-per-barrel credit. Second, it makes the current 35 percent rate progressive by adding an additional 15 percent when producers’ profits reach $50 per barrel or more. Limits Deductions. The Fair Share Act requires that the costs deducted from the revenues of our three major fields be related to producing oil from them. Under SB21, the major producers are deducting unrelated costs for developing future prospects on federal lands from our share of our three major fields. As a result, our share will decline and the state deficit will increase by $300 million per year for most of the next decade. The Fair Share Act will put legacy producers in the same competitive position as new producers and require the costs of the new fields to be deducted from the revenues of new fields. Transparency. The Fair Share Act requires production tax filings for our three major fields to be public and transparent. Under SB21, Alaskans are kept in the dark while the wealth from our three major fields is being taken from Alaska. As owners, Alaskans are the stewards of hundreds of billions of dollars of oil resources, and we have the right to know the revenues, costs, and profits from our three major fields. A Necessary Part of Any Deficit Solution. To more fully fund PFDs, jobs, education, universities, ferry service, police and fire, and essential services, Alaska needs additional revenues. Recovering a fair share from our oil is the first place Alaskans should look to provide those revenues. It makes no sense whatsoever to continue to give away our oil to major international oil companies and then tax ourselves to get back the revenues we just gave away. The Fair Share Act is a fair and necessary part of any long-term solution to the state deficit. Vote “Yes” on Ballot Measure No. 1, the Fair Share Act.
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