On August 13, 2026, leaders of the Alaska House and Senate said they would not reconvene the Legislature to take up Gov. Mike Dunleavy's (R) compromise gas line tax bill, leaving the tax change behind the Alaska liquefied natural gas (LNG) project stalled with the third special session set to end August 25. The governor's bill is based on House Bill 381, which would replace the state's 20-mill (2%) oil and gas property tax with a far smaller tax on gas throughput, a reduction of 80% to 90% versus current law, with a House Finance Committee adviser putting the cut at roughly 85%. HB 381 has been stuck since July 16, when the House rejected the conference committee version 19-19, two short of the 21 votes needed, minutes after Dunleavy threatened a veto over a corporate income tax provision attached in the Senate.
Key Takeaways
| 01 | HB 381 would cut the project's tax bill roughly 85% over the life of the tax. Alaska Department of Revenue (DOR) estimates show the swap would reduce state revenue by $5.3 billion through 2063 versus current law, with municipalities forgoing another $5.3 billion, or $10.6 billion combined. |
| 02 | The bill failed over a Senate-added rider. The House passed the core property-tax-for-throughput-tax trade 34-5 on June 12. What failed on July 16 was a version carrying a Senate-added "pass-through entities" tax that would subject privately held oil and gas companies, chiefly Hilcorp, operator of Prudhoe Bay, to Alaska's corporate income tax, which runs up to 9.4%. |
| 03 | The pass-through tax is a long-running dispute between legislators and the governor. Legislators have tried since 2017 to pass the S corporation provision, and Dunleavy has vetoed numerous standalone tax bills. The Senate attached the provision to the gas line bill, and Dunleavy said that amounted to hostage-taking. House Republicans voted the July 16 version down, and the governor's August 12 offer now concedes a 2% version of the tax he refused in July. |
| 04 | The governor's original bill deferred property tax for up to 10 years of operations. As under current law, the project would pay no property tax during construction. The governor's March bill then held property tax in abeyance from the start of commercial operations until throughput reached 1 billion cubic feet per day, averaged over 30 days, or 10 years, whichever came first, with the throughput tax applying at full operations. The House Finance Committee version set no tax for five years after first gas. |
| 05 | Legislative leaders have declined to take up the governor's bill before the session ends August 25. By August 13, leaders of both chambers said the August 12 bill lacked the votes to pass and that they would not reconvene to consider it. Dunleavy, the project's champion, leaves office in December, and the next Legislature convenes in January 2027, after Glenfarne's planned final investment decision (FID) on Phase One by the end of 2026. |
The Department of Revenue has told lawmakers the up-to-$54.5 billion project "will not proceed without property tax relief," according to Alaska's News Source, and lead developer Glenfarne had planned an FID on Phase One by the end of 2026. As this alert publishes, the third special session has produced no floor votes, and lawmakers have met only in brief technical sessions since July 27.
Alaska levies a 20-mill (2%) statewide tax on oil and gas property under AS 43.56, with municipal levies credited against the state tax. Applied to a $54.5 billion project, that structure taxes the project from first gas, before it earns export revenue. The property becomes taxable when gas starts flowing to in-state customers, as soon as 2029, and the processing plants needed for exports are expected online by 2033. HB 381, introduced at Dunleavy's request on March 20, 2026, replaces the property tax with an "alternative volumetric tax" (AVT) on gas moving through the system.
The AVT converts a fixed cost into a variable one. The governor's original bill set the AVT at 6.0 cents per thousand cubic feet (mcf), escalating 1% annually, according to the Department of Revenue fiscal note. The conference committee's work draft adopted July 2 moved to split rates by project phase: 6.2 cents per mcf before the LNG plant enters commercial operation, 10.6 cents per mcf once it does, and a doubling to 21.2 cents per mcf after 10 years, per Petroleum News. Exhibit 1 compares the bill with current law.
Exhibit 1
HB 381 versus current law, bill versions from March 20 to July 16, 2026
| Feature | Current law (AS 43.56) | HB 381 |
|---|---|---|
| Tax base | 2% of assessed value of oil and gas property | Cents-per-mcf tax on gas throughput (6.0 cents/mcf escalating 1% a year in the original; 6.2, 10.6 and 21.2 cents/mcf by phase in the conference draft) |
| Timing | Exempt during construction; taxable from first gas, before export revenue | Original: property tax held in abeyance from commercial operations until throughput reaches 1 billion cubic feet per day (30-day average) or 10 years; House Finance version: no tax for five years after first gas |
| Annual yield at full throughput | Roughly $1.09 billion a year (2% of $54.5 billion, undepreciated) | About $131 million a year by 2033 (House-passed version, DOR projection) |
| Who gets the money | Mostly municipalities (levies credited against state tax) | 93% to five boroughs along the route and Anchorage; 7% to the state (House version) |
Sources: Office of Gov. Dunleavy (Mar. 20, 2026); HB 381 bill versions and DOR Fiscal Note 2 (Mar. 20, 2026); Alaska Beacon, June 12 and July 16, 2026; Alaska Public Media, June 12, 2026; Petroleum News, July 12, 2026.
The House-passed version also attached conditions for the project. The June 12 bill added a commitment to a Fairbanks spur line, up to $80 million in community impact reimbursements, priority for Alaska union labor, and a $16-per-unit price cap on project gas sold to in-state utilities, according to Alaska Public Media. Glenfarne has since flagged the price cap as a growing economic concern. "A $16 project energy price cap and tax-driven cost increases make project economics increasingly challenged," spokesman Tim Fitzpatrick said by email, according to the Alaska Beacon on July 17.
Exhibit 2 compares annual tax under current law and each version of the bill. It applies each rate to full design throughput of 3.5 billion cubic feet per day (the DOR scenario), or about 1.28 billion mcf per year, after ramp-up. The original 6.0-cent rate escalates 1% annually, reaching 6.56 cents per mcf in year 10.
Exhibit 2
Annual tax at full throughput, current law versus HB 381 versions
| Scenario | Rate or base | Annual tax | Change vs. current law |
|---|---|---|---|
| Current law (AS 43.56) | 2% of $54.5 billion, undepreciated | About $1.09 billion | Baseline |
| HB 381, governor's original | 6.0 cents/mcf on 1.28 billion mcf | About $76.7 million | Down 93% |
| HB 381, conference draft, years 1 to 10 of LNG operations | 10.6 cents/mcf | About $135 million | Down 88% |
| HB 381, conference draft, after year 10 | 21.2 cents/mcf | About $271 million | Down 75% |
| HB 381, House-passed (DOR, 2033) | DOR projection | About $131 million | Down 88% |
Sources: Alaska DOR Fiscal Note 2 and DOR projections reported by Alaska Public Media (June 12, 2026); Petroleum News, July 12, 2026; Crawford Partners arithmetic.
These figures rest on simplifying assumptions. The $1.09 billion figure treats assessed value as equal to announced project cost with no depreciation. Actual AS 43.56 assessments would decline over time, which is why DOR's cumulative 30-plus-year estimate, $10.6 billion in combined state and municipal revenue forgone through 2063, implies a smaller average annual gap than the year-one snapshot. Throughput, in-service dates, and rates are DOR's scenario for the House-passed version. The conference version's split rates differ, and the governor's August 12 compromise leaves the AVT schedule unchanged.
The House has passed the tax swap on its own and has rejected every version carrying the rider. The House passed HB 381 on June 12, 34-5. The Senate rewrote it on June 19, passing it 12-8 with the pass-through tax attached. Dunleavy rejected that version the same night and convened a second special session on June 20, after which the House formally rejected the Senate's changes and a six-member conference committee took over. The conference substitute, advanced 4-2 on July 16, kept a modified pass-through tax: delayed to 2029, applied at up to 9.4% to pass-through oil and gas companies with more than $1 million in taxable income, with Alaska LNG project income expressly exempted and DOR estimating up to $100 million a year in new revenue. That was not enough for the governor or the House's all-Republican minority, and the package failed 19-19 that evening.
"We should not attach a controversial tax provision to one of the most consequential energy bills in a generation in front of this body ... We are simultaneously asking investors to spend tens of billions of dollars here in Alaska, while signaling the rules that govern those investments will probably change after the fact."
House Majority Leader Chuck Kopp (R-Anchorage), House floor debate, July 16, 2026
Source: Alaska Public Media, July 16, 2026. Photo: official portrait, Alaska State Legislature.
Senate negotiators said the conference version was their final offer. Sen. Bert Stedman (R-Sitka), a member of the conference committee, said the governor "was definitely told on several occasions when we were negotiating this bill that this is our last and final offer. The bill goes down, it's dead. There's no playing around," according to the Alaska Beacon.
The third session opened with technical sessions only. The Legislature convened on July 27 in a technical session, the brief formality that satisfies the constitutional call, and leadership declined to bring members to Juneau without an agreement in hand. "It does no good to spend all that money to bring legislators into Juneau and really not have any kind of an agreement at hand or have a path forward," House Speaker Bryce Edgmon told Alaska's News Source. Through the first week of August the administration's bill remained in drafting, and majority leaders in both chambers said they had not seen it.
On August 12 the governor introduced a compromise bill. The bill is identical to the July 16 conference version of HB 381 except for three changes: the pass-through tax is set at a flat 2% rather than the conference version's graduated rate of up to 9.4%; its effective date is pushed to January 1, 2030, or first commercial gas through the pipeline, one year later than the conference version; and a provision that could have reduced state education aid to boroughs receiving gasline tax revenue is removed. "I have never been in favor of new taxes on Alaska's producers, and I still am not," the governor said in the release. "This bill is a compromise that removes a significant barrier to moving the gas line forward." He urged lawmakers to reconvene on August 20.
Senate majority leaders were skeptical. Senate Majority Leader Cathy Giessel (R-Anchorage) called the 2% levy a "low-fat milk version of a corporate income tax" and said the S corporation tax was not the only sticking point. "There were other deciding factors in this bill," she said, citing workforce provisions she called watered down and conflicting project cost figures, according to Alaska's News Source. "Everyone in the legislature wants a pipeline, just not at any cost," Senate President Gary Stevens (R-Kodiak) said. Giessel said it would be a challenge to get "11 members in the Senate" and 21 House members to Juneau "right now, or even in the coming months." Industry groups, for their part, objected that the 2% tax would begin in 2030 even if the project never delivers gas.
The session has 10 days left. The third special session convened July 27 and, under Alaska's 30-day constitutional limit, must conclude by August 25. As this alert publishes on August 15, the Legislature is on day 20 of 30, with no bill on a floor calendar. The August 18 primary election falls inside the session, and every House seat is on the ballot. Dunleavy, who is term-limited, leaves office in early December, and the 35th Legislature convenes in January 2027. After the July 16 vote, Stevens said, "I sort of feel you need to go to the next Legislature."
Leaders of both chambers say the governor's bill lacks the votes to pass. Late on August 12, the House majority coalition said "intractable differences have emerged on the Governor's bill relating to property tax relief for the gas line." On August 13, Speaker Edgmon and Senate President Stevens said they would not bring members back to take it up. "The votes just aren't there," Edgmon told the Alaska Beacon, and Stevens said, "I think we've reached the point, honestly, where we need to turn it over to the new governor." The House's 19-member minority asked the majority to call the House back to Juneau. That evening, Dunleavy wrote on social media, "There's little reason to keep the session going," according to Alaska's News Source. Exhibit 3 lays out the calendar.
Exhibit 3
HB 381 and session calendar, March 2026 to January 2027
| Date | Milestone |
|---|---|
| Mar. 20, 2026 | HB 381 introduced at the governor's request; DOR Fiscal Note 2 issued |
| June 12, 2026 | House passes HB 381, 34-5 |
| June 19, 2026 | Senate passes amended HB 381 with pass-through tax, 12-8; governor rejects it |
| June 20, 2026 | Second special session convenes; House rejects Senate changes; conference committee appointed |
| July 16, 2026 | Conference report passes Senate 11-8, fails House 19-19; governor calls third special session |
| July 27, 2026 | Third special session convenes in technical session |
| Aug. 12, 2026 | Governor introduces compromise bill based on HB 381, with 2% pass-through tax effective 2030 |
| Aug. 13, 2026 | House and Senate leaders say they will not reconvene to take up the governor's bill; governor says there is "little reason to keep the session going" |
| Aug. 18, 2026 | Statewide primary election |
| Aug. 20, 2026 | Governor's requested date for the Legislature to reconvene in Juneau |
| Aug. 25, 2026 | Constitutional 30-day limit; third special session must end |
| Nov. 3, 2026 | General election; governor's office and every House seat on the ballot |
| Dec. 2026 | Dunleavy's term ends; new governor sworn in |
| Jan. 2027 | 35th Legislature convenes; any unpassed fiscal framework restarts |
Sources: Alaska Legislature (BASIS), LegiScan, Office of Gov. Dunleavy, Alaska Public Media, Alaska Beacon, Alaska's News Source.
This is for project sponsors, lenders, producers, and municipalities whose plans depend on Alaska's tax terms for the gas line. Leaders of both chambers have said they will not take up the governor's bill before the session ends August 25. If you want a read on what that means for a specific project, reach out to our team.
© Copyright 2026 TC Policy Group, LLC (d/b/a Crawford Partners). The views expressed herein are those of the author(s) and not necessarily the views of Crawford Partners, its management, its subsidiaries, its affiliates, or its other professionals. Crawford Partners is not a law firm and cannot provide legal advice.