Legislature(2015 - 2016)HOUSE FINANCE 519

03/30/2015 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:45 p.m. Today --
+ SB 64 SCHOOL BOND DEBT REIMBURSEMENT TELECONFERENCED
Moved CSSB 64(EDC) Out of Committee
+= HB 68 ELECTRONIC DISTRIB. OF REPORTS TELECONFERENCED
<Bill Hearing Postponed to 3/31/15>
+ HB 86 PCE ENDOWMENT FUND INVESTMENT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 86                                                                                                             
                                                                                                                                
     "An Act relating to investment of the power cost                                                                           
     equalization endowment fund; and providing for an                                                                          
     effective date."                                                                                                           
                                                                                                                                
3:18:04 PM                                                                                                                    
                                                                                                                                
PAM  LEARY,  DIRECTOR,   TREASURY  DIVISION,  DEPARTMENT  OF                                                                    
REVENUE,  provided a  PowerPoint presentation  titled "State                                                                    
of Alaska  Department of  Revenue HB  86 PCE  Endowment Fund                                                                    
Investment"  (copy  on  file).  She relayed  her  intent  to                                                                    
discuss the fund  history and the bill. She  turned to slide                                                                    
2 and communicated  that the fund's purpose was  to fund the                                                                    
Power  Cost Equalization  and Rural  Electric Capitalization                                                                    
Fund, which  helped to  reduce the cost  of energy  in areas                                                                    
with high electrical costs. The  fund also covered the costs                                                                    
associated  with  its  management.   She  continued  that  7                                                                    
percent of the monthly average  market value of the fund for                                                                    
the  previous three  fiscal years  may be  appropriated. She                                                                    
relayed  that the  fund had  been  created in  2000 with  an                                                                    
appropriation  of  $100   million  from  the  Constitutional                                                                    
Budget Reserve  (CBR). In 2002  the Power  Cost Equalization                                                                    
Fund (PCE) received $89.6 million  from proceeds of the sale                                                                    
of the four dam pool  hydroelectric project; it had received                                                                    
two subsequent appropriations of  $182.7 million in 2007 and                                                                    
$400  million  in 2012.  The  fund  balance  at the  end  of                                                                    
February 2015 was $986 million.                                                                                                 
                                                                                                                                
Ms.  Leary discussed  the  bill's purpose  on  slide 3.  She                                                                    
explained  that the  bill would  remove  the stated  nominal                                                                    
return  target of  at least  7 percent  of the  statute. The                                                                    
bill  would  allow the  commissioner  of  the Department  of                                                                    
Revenue  (DOR) to  invest the  fund in  a manner  that would                                                                    
meet the  fund's objectives by  providing flexibility  as it                                                                    
related to  the rate  and the  risk associated  with certain                                                                    
types  of  investments.  She explained  that  the  bill  was                                                                    
important because  it would enable  the DOR  commissioner to                                                                    
invest  in less  risky investments,  when appropriate,  that                                                                    
would continue to  meet the financial needs  of the program.                                                                    
She relayed that the bill had a zero fiscal note.                                                                               
                                                                                                                                
3:20:56 PM                                                                                                                    
                                                                                                                                
JERRY  BURNETT,  DEPUTY   COMMISSIONER,  TREASURY  DIVISION,                                                                    
DEPARTMENT  OF   REVENUE,  highlighted   that  one   of  the                                                                    
fundamentals  of asset  management was  to seek  the highest                                                                    
rate  of  return  with  appropriate  risk  levels.  He  drew                                                                    
attention  to  the  2015  capital  market  expectations  for                                                                    
return and risk  from Callan Associates (slide  4). He noted                                                                    
that  Callan Associates  was the  financial  advisor to  the                                                                    
Alaska  Retirement  Management  Board   and  to  the  Alaska                                                                    
Permanent  Fund  Corporation  (APFC).   He  pointed  to  the                                                                    
arithmetic  and  geometric  return  and  standard  deviation                                                                    
(projected risk). He remarked  that the geometric return was                                                                    
less  than  the arithmetic  return.  He  highlighted the  19                                                                    
percent  standard deviation  for the  broad domestic  equity                                                                    
category, meaning  that two-thirds of the  time returns were                                                                    
expected  to  be  within  19 percent  of  the  9.15  percent                                                                    
arithmetic  return  (-10  to  29).  He  explained  that  the                                                                    
arithmetic  return  over  time  was used  to  calculate  the                                                                    
geometric  average  (some  years  would be  well  below  the                                                                    
arithmetic average,  while some years would  be well above).                                                                    
He  noted  that the  [10-year]  geometric  return for  broad                                                                    
domestic  equity  was  7.6 percent.  He  remarked  that  7.6                                                                    
percent  was  one  of  the highest  returns  on  the  chart;                                                                    
emerging market  equities had a  return of 7.9  percent, but                                                                    
with a 28 percent standard deviation).                                                                                          
                                                                                                                                
Mr. Burnett discussed that when  constructing a portfolio to                                                                    
achieve  a   7  percent  return  (given   the  2015  capital                                                                    
markets), nearly  90 percent of  assets should  be equities.                                                                    
He explained that based on  a 19 percent standard deviation,                                                                    
a -10  percent return would occur  in one out of  six years.                                                                    
He discussed that  equity markets had been  positive for six                                                                    
years  in  a  row;  therefore, it  was  fairly  likely  that                                                                    
negative returns  would occur sometime  in the  next several                                                                    
years.  He  relayed  that  DOR   did  not  feel  comfortable                                                                    
building  or recommending  a portfolio  that was  90 percent                                                                    
equities   because  it   was  currently   beyond  the   risk                                                                    
tolerance. He elaborated that in  2002 a portfolio achieving                                                                    
an 8  or 9 percent  return could have been  constructed with                                                                    
similar risk  as at  present. He noted  that it  varied from                                                                    
year to  year. He communicated  that inserting 7  percent in                                                                    
statute could  create a situation  where the  department was                                                                    
managing to a  risk that was beyond what  was reasonable for                                                                    
the markets.  He stated  that APFC had  an expected  rate of                                                                    
return of  approximately 6.17 percent  in the  current year.                                                                    
The  department  wanted  to   have  the  ability  to  manage                                                                    
appropriate risk while achieving  the highest rate of return                                                                    
within the risk tolerance rather  than to a fixed number. He                                                                    
noted  that the  Treasury  Division managed  over 40  unique                                                                    
asset allocations; the Power Cost  Equalization Fund was the                                                                    
only  major   fund  that  had   a  specific   target  return                                                                    
identified in statute.                                                                                                          
                                                                                                                                
3:24:59 PM                                                                                                                    
                                                                                                                                
Representative  Edgmon  asked why  a  lower  number was  not                                                                    
identified.  Mr.  Burnett did  not  believe  a lower  number                                                                    
should be identified. For example,  if the target return was                                                                    
5 percent, the asset allocation  may be less risky than what                                                                    
was responsible over  time. He relayed that  no number would                                                                    
be durable; what  may be good at present may  be very bad at                                                                    
another time. He noted that  in 1982, money market rates had                                                                    
been  at  10 or  11  percent  and  mortgage bonds  could  be                                                                    
purchased with 18 percent interest  rates. He explained that                                                                    
a  portfolio   constructed  for   that  time  may   be  very                                                                    
different. He reiterated  that it was not possible  to set a                                                                    
durable number that made sense in the long-term.                                                                                
                                                                                                                                
Representative Edgmon  asked for verification that  it would                                                                    
be at the discretion of DOR  and its fund managers to manage                                                                    
the target year after year.  He surmised that the target may                                                                    
be  6 percent  in some  years and  5 percent  in others.  He                                                                    
wondered  why  the department  had  not  elected to  pick  a                                                                    
target  that was  more commensurate  with the  state's other                                                                    
long-term endowments such as the CBR.                                                                                           
                                                                                                                                
Mr.  Burnett  answered  that  DOR would  look  at  an  asset                                                                    
allocation that was durable and  would set the expected rate                                                                    
of return off  of a reasonable risk  asset allocation rather                                                                    
than looking at  setting an allocation to  a specific target                                                                    
number.  Management  factored  in  that the  fund  needed  a                                                                    
certain amount of  income annually; there was  a payout rule                                                                    
that  was  7  percent  of the  prior  three  years'  monthly                                                                    
rolling average  balance. The fund  was managed to  meet its                                                                    
intent,  but the  asset allocation  was  not set  to a  hard                                                                    
number.                                                                                                                         
                                                                                                                                
Representative Edgmon asked what  assurance he would have as                                                                    
a rural legislator  that the fund was being  managed for the                                                                    
long-term.  Mr.  Burnett  answered  that  the  returns  were                                                                    
available  for review.  Additionally,  the DOR  commissioner                                                                    
and  staff  were  available  to  discuss  the  strategy  and                                                                    
returns. He  noted that the legislature  had annual hearings                                                                    
on fund performance.  He explained that other  funds did not                                                                    
have  target returns  identified  in statute.  He cited  the                                                                    
CBR,  the Alaska  Permanent Fund,  and the  Higher Education                                                                    
Fund  as   examples.  He  explained  that   the  flexibility                                                                    
provided more  assurance in an environment  like the present                                                                    
that the  commissioner would not try  to set to a  7 percent                                                                    
level, which may result in lost money the following year.                                                                       
                                                                                                                                
3:28:45 PM                                                                                                                    
                                                                                                                                
Representative  Edgmon stated  that the  PCE endowment  fund                                                                    
was large  enough that if  managed in a  conservative manner                                                                    
it should be able to satisfy  the annual outlay of PCE costs                                                                    
(approximately  $42 million  to  $45  million). He  wondered                                                                    
what return  the fund would  target. He noted that  the fund                                                                    
was close to  $1 billion and small number of  4 or 5 percent                                                                    
was needed. He surmised that  management would want to stick                                                                    
to a target  rate over time. He wanted to  ensure that money                                                                    
managers would  not have free  reign to ride the  market and                                                                    
make more risky investments when they were not needed.                                                                          
                                                                                                                                
Mr. Burnett  replied that each  of the funds managed  by DOR                                                                    
had  a  purpose  including  expected  payout,  duration  and                                                                    
other. The department set new  asset allocations annually on                                                                    
July 1 based on  capital market expectations; the allocation                                                                    
did  not necessarily  change  every  year. Department  staff                                                                    
analyzed risk  and program  needs on  a full-time  basis. He                                                                    
noted  that under  the  legislation  the commissioner  would                                                                    
manage the fund to meet the needs of the PCE program.                                                                           
                                                                                                                                
Representative  Edgmon  surmised  that the  probability  was                                                                    
that the  department would be  managing the fund for  a rate                                                                    
below  7  percent. Mr.  Burnett  replied  that it  was  most                                                                    
likely that  the fund would  be managed  for a rate  below 7                                                                    
percent in  2015. He could  not predict the target  rate for                                                                    
2016.                                                                                                                           
                                                                                                                                
Representative Guttenberg  asked how the objectives  for the                                                                    
PCE fund were defined. He  wondered about the definition and                                                                    
objective of the Rural Electric  and Capitalization Fund. He                                                                    
believed the objectives  may be different or  in conflict if                                                                    
the  7  percent target  was  removed  from statute.  He  was                                                                    
concerned  about what  the  state was  "letting  out of  the                                                                    
box."                                                                                                                           
                                                                                                                                
Mr.  Burnett responded  that  determining asset  allocations                                                                    
was based  on the  legal purpose  of each  of the  funds. He                                                                    
explained that  the PCE fund's  purpose was to  equalize the                                                                    
power cost per  kilowatt hour, making grants  and power cost                                                                    
equalization  available to  eligible electric  utilities. He                                                                    
relayed that  a payout rule  of 7 percent of  previous years                                                                    
was currently in statute. He  communicated that the PCE fund                                                                    
had earned  about 20 percent  in 2014  and an average  of 14                                                                    
percent over  the past  five years;  since inception  it had                                                                    
earned  just   over  6  percent.   He  explained   that  the                                                                    
department would  look at the  fund's specific  purpose just                                                                    
like  it did  for each  of the  other funds  it managed.  He                                                                    
added that there  was nothing unique about the  fund and its                                                                    
purpose  that  created  a  different  look.  The  department                                                                    
considered the  fund's legal requirements, its  purpose, its                                                                    
timeframe, and other.                                                                                                           
                                                                                                                                
3:33:59 PM                                                                                                                    
                                                                                                                                
Ms.  Leary  added  that  7  percent  had  been  the  target;                                                                    
however,  having  the  target   identified  in  statute  had                                                                    
resulted in a  return of -13.87 percent in  2009. The return                                                                    
had been  negative 4 years  out of 15;  it had also  been as                                                                    
high as  21.8 percent with  the same target.  She elaborated                                                                    
that  a  target may  come  to  fruition,  but may  not.  She                                                                    
clarified  that   capital  market  expectations   were  only                                                                    
expectations   based  on   known  economic   factors;  there                                                                    
generally tended to be a 10-year expectation.                                                                                   
                                                                                                                                
Representative   Guttenberg   asked  if   the   department's                                                                    
responsibility  would  fit  inside   the  successes  of  the                                                                    
permanent fund. He wondered how  the end result would differ                                                                    
if  the  department  had  moved   its  management  into  the                                                                    
permanent fund portfolio.                                                                                                       
                                                                                                                                
Mr. Burnett replied that the  permanent fund had some unique                                                                    
assets  that  the  Treasury   Division  would  not  consider                                                                    
holding due to their  illiquidity. He explained that because                                                                    
the PCE  fund was non-dedicated  it had to be  available and                                                                    
liquid at some level at all  times. He stated that DOR would                                                                    
not make  the recommendation,  but if the  legislature chose                                                                    
to  change the  purpose  of the  fund  [the portfolio  could                                                                    
invest in illiquid assets]. He  furthered that the permanent                                                                    
fund was  a constitutionally dedicated fund  and held assets                                                                    
that  could  not provide  money  for  5  to 10  years  (e.g.                                                                    
private equity or long-term  real estate investments), which                                                                    
would  never   be  considered  for  a   state-managed  fund.                                                                    
Additionally,  the  permanent  fund  may  hold  assets  that                                                                    
Treasury was  not allowed to hold  under Securities Exchange                                                                    
Commission rules.                                                                                                               
                                                                                                                                
Co-Chair Thompson  asked committee  members to  be cognizant                                                                    
of the time  and relayed that the bill would  be heard again                                                                    
at a later date.                                                                                                                
                                                                                                                                
Vice-Chair Saddler  wondered if  the bill had  been prompted                                                                    
by the desire  to revert to more a  prudent investment rule,                                                                    
the  declining  revenue  stream  required  by  lower  energy                                                                    
prices,  or by  fear of  the coming  market correction.  Mr.                                                                    
Burnett  answered that  there had  been no  consideration of                                                                    
the declining  need for a  revenue stream. The  decision had                                                                    
been   based  on   a  prudent   investment   rule  and   the                                                                    
unwillingness to take on risks beyond what were prudent.                                                                        
                                                                                                                                
Vice-Chair  Saddler  stated  that  when  the  AKLNG  gasline                                                                    
project came to  fruition 25 percent of  its royalties would                                                                    
be dedicated towards the energy  needs of rural Alaskans off                                                                    
the  Railbelt. He  asked if  the  bill would  allow the  PCE                                                                    
endowment fund management to adjust  to the reality of a new                                                                    
funding source with the same purpose.                                                                                           
                                                                                                                                
Mr. Burnett  answered that if  the money went into  the fund                                                                    
it would allow  for changes. He elaborated  that the purpose                                                                    
of  the fund,  the  realities of  the  marketplace, and  the                                                                    
fiscal  realities   of  the  state   were  all   taken  into                                                                    
consideration by the department.                                                                                                
                                                                                                                                
3:38:00 PM                                                                                                                    
                                                                                                                                
Representative Edgmon  clarified that  it was 20  percent of                                                                    
the  royalty  revenues [that  would  be  dedicated to  rural                                                                    
Alaska  energy   needs  when  the  AKLNG   project  came  to                                                                    
fruition].                                                                                                                      
                                                                                                                                
Representative Munoz asked if  the fund was managed in-house                                                                    
or by outside  managers. Mr. Burnett replied  that the fixed                                                                    
income  component  was  managed  internally;  the  rest  was                                                                    
managed by external managers.                                                                                                   
                                                                                                                                
Representative  Munoz  asked  if the  management  fees  were                                                                    
typical.  Mr.  Burnett  agreed. Representative  Munoz  asked                                                                    
about  14  percent  earnings from  the  previous  year.  Mr.                                                                    
Burnett clarified  that the earnings  had been  20.7 percent                                                                    
the previous  year and averaged  14.5 percent over  the past                                                                    
five years. He  added that the fund had  grown quite rapidly                                                                    
over the past several years.                                                                                                    
                                                                                                                                
Representative Munoz  asked for  the growth in  dollars. Ms.                                                                    
Leary replied that earnings had been $171 million in 2014.                                                                      
                                                                                                                                
Representative  Munoz  spoke  to  a payout  of  roughly  $45                                                                    
million to communities.  She wondered if the  balance of the                                                                    
earnings was deposited  directly into the fund  or for other                                                                    
purposes  as well.  Mr. Burnett  answered that  the earnings                                                                    
that were  not used for  fund management or the  PCE program                                                                    
remained in the fund.                                                                                                           
                                                                                                                                
Representative  Gattis  asked  why  the  PCE  fund  had  not                                                                    
originally been  set up like the  other state-managed funds.                                                                    
Mr. Burnett answered  that he did not  recall the discussion                                                                    
on the  original language related  to the  fund's investment                                                                    
purposes. He relayed  that the fund had  been implemented in                                                                    
2002. He was  not certain that any changes had  been made to                                                                    
the fund's  investment since inception.  He relayed  that it                                                                    
was not  the first  year DOR had  requested the  change; the                                                                    
department  had  identified  the  issue  as  problematic  in                                                                    
previous administrations as well.                                                                                               
                                                                                                                                
Representative Gattis asked if it  was the first time a bill                                                                    
had been presented. Mr. Burnett replied in the negative.                                                                        
                                                                                                                                
Representative  Gattis surmised  that a  bill had  failed in                                                                    
the past and  the department was giving  it another attempt.                                                                    
Mr.  Burnett  replied in  the  affirmative.  He thanked  the                                                                    
committee for hearing the bill.                                                                                                 
                                                                                                                                
Ms.  Leary  informed the  committee  that  DOR had  a  great                                                                    
website that included significant  information about the PCE                                                                    
fund  and  other funds  managed  by  the Treasury  Division.                                                                    
Additionally, the  website included cash management  and all                                                                    
aspects of the division.                                                                                                        
                                                                                                                                
HB  86  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair  Thompson discussed  the agenda  for the  following                                                                    
day.                                                                                                                            
                                                                                                                                
Vice-Chair  Saddler  informed  committee  members  that  the                                                                    
Department   of   Health    and   Social   Services   budget                                                                    
subcommittee  would hear  a  Medicaid  101 presentation  the                                                                    
following morning.                                                                                                              
                                                                                                                                

Document Name Date/Time Subjects
HB 68 CS WorkDraft I version.pdf HFIN 3/30/2015 1:30:00 PM
HB 68
SB 64 Legal Opinion Retro Date.pdf HFIN 3/30/2015 1:30:00 PM
SB 64
SB 64 EDC- Sectional Analysis.pdf HFIN 3/30/2015 1:30:00 PM
SB 64
SB 64 - Sponsor Statement.pdf HFIN 3/30/2015 1:30:00 PM
SB 64
SB 64 - Explanation of Changes.pdf HFIN 3/30/2015 1:30:00 PM
SB 64
HB86 Sponsor Statement.pdf HFIN 3/30/2015 1:30:00 PM
HB 86
HB86 PCE presentation March 30 2015.pdf HFIN 3/30/2015 1:30:00 PM
HB 86
SB 64 Amendment 1 Gara.pdf HFIN 3/30/2015 1:30:00 PM
SB 64
SB 64 Amendment #2 Kawasaki.pdf HFIN 3/30/2015 1:30:00 PM
SB 64
SB 64 Support Material - MultiYearAllocationTotals.pdf HFIN 3/30/2015 1:30:00 PM
SB 64
SB 64 Support Material - State Debt Liability.pdf HFIN 3/30/2015 1:30:00 PM
SB 64