Legislature(2021 - 2022)ADAMS 519

05/12/2021 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 1 CONST AM: PERMANENT FUND; POMV;EARNINGS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ HB 102 STATE INSUR. CATASTROPHE RESERVE ACCT. TELECONFERENCED
Moved HB 102 Out of Committee
-- Public Testimony --
HOUSE JOINT RESOLUTION NO. 1                                                                                                  
                                                                                                                                
     Proposing amendments to the Constitution of the State                                                                      
     of Alaska relating to the Alaska permanent fund and to                                                                     
     appropriations from the Alaska permanent fund.                                                                             
                                                                                                                                
9:47:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JONATHAN  KREISS-TOMPKINS, SPONSOR,  thanked                                                                    
the  committee for  hearing  HJR 1.  He  commented that  the                                                                    
mechanics  of  the  resolution  was  relatively  simple.  He                                                                    
explained  that HJR  1 placed  the Percent  of Market  Value                                                                    
(POMV)  in  the  state   constitution  and   collapsed   the                                                                    
Earnings Reserve Account (ERA)  into the Permanent Fund (PF)                                                                    
principle  so  that  the entire  fund  was  constitutionally                                                                    
protected from  being overspent. The POMV  draw would remain                                                                    
5 percent. He voiced that HJR  1 left all other questions on                                                                    
the  table.  He  thought  that  the  resolution  aspired  to                                                                    
protect  the PF  from  being spent  down.  He stressed  that                                                                    
everyone would  lose if the  fund was spent  down regardless                                                                    
of differing priorities. He viewed  that the policy embodied                                                                    
in HJR 1 was a necessary  component of any fiscal plan; that                                                                    
the  PF was  protected from  overspending and  preserved for                                                                    
future  generations as  the cornerstone  of Alaskas   fiscal                                                                    
future. His  motivation was  to force a  fiscal plan  and by                                                                    
hardening  the draw  it  necessitated  that the  legislature                                                                    
figured the  pieces out. The  policy forced  the legislature                                                                    
to  figure out  the  budget problem.  He  was available  for                                                                    
questions.                                                                                                                      
                                                                                                                                
Co-Chair  Merrick  indicated  Ms. Rodell  was  available  to                                                                    
provide comments.                                                                                                               
                                                                                                                                
9:51:35 AM                                                                                                                    
                                                                                                                                
ANGELA  RODELL, CHIEF  EXECUTIVE  OFFICER, ALASKA  PERMANENT                                                                    
FUND CORPORATION (APFC), indicated  the trustees had been on                                                                    
the  record  since  2000  in  support  of  a  constitutional                                                                    
amendment that would  enact a 5 percent  POMV spending limit                                                                    
and  protect  the  entire fund  for  future  generations  of                                                                    
Alaskans   by  eliminating   the  distinction   between  the                                                                    
principle and  earnings. She elaborated that  the percent of                                                                    
market value  structure in the  resolution allowed  the fund                                                                    
to  benefit   all  generations   and  limited   payouts.  It                                                                    
protected the  funds value through  constitutional inflation                                                                    
proofing  and   eliminated  a  separate   appropriation  for                                                                    
inflation proofing.  Finally, it provided a  payout that was                                                                    
compatible  with  APFCs   investment policy  and  allocation                                                                    
strategy. She furthered  that in 2003 and 2004  the board of                                                                    
trustees   adopted   resolutions   that  advocated   for   a                                                                    
constitutional POMV of 5 percent  based on a 5-year average.                                                                    
In 2018, the board of  trustees adopted Resolution 1804 that                                                                    
promoted the same concepts. Additionally,  in 2020 the board                                                                    
reaffirmed  the statements  made in  the prior  resolutions.                                                                    
She believed that HJR 1  affirmed the long-term stability of                                                                    
the fund.                                                                                                                       
                                                                                                                                
9:53:40 AM                                                                                                                    
                                                                                                                                
Representative  Rasmussen asked  if the  5 percent  POMV was                                                                    
still   sustainable    if   only    25   percent    of   the                                                                    
constitutionally mandated royalties  were deposited into the                                                                    
fund and  the 25  percent statute  was repealed.  Ms. Rodell                                                                    
replied that  the royalties were  important to the  fund but                                                                    
did not  impact the ability  to withdraw the 5  percent POMV                                                                    
amount.  She  expounded  that  currently  the  statutory  25                                                                    
percent  was    approximately   $90  million  and  would  be                                                                    
deposited into the fund. It  was a very important amount but                                                                    
a very small amount and  would not meaningfully affect the 5                                                                    
percent POMV.                                                                                                                   
                                                                                                                                
9:55:20 AM                                                                                                                    
                                                                                                                                
Representative  LeBon   asked  if   the  fund   was  earning                                                                    
approximately  6.5  percent to  7  percent  averaged over  a                                                                    
reasonable  timeline  and  added the  royalties  whether  it                                                                    
would  inflation  proof the  fund  over  the long-term.  Ms.                                                                    
Rodell  clarified  that   the  25  percent  constitutionally                                                                    
mandated  royalties had  been around  $300  million to  $350                                                                    
million and  vary with the  price of oil. The  additional 25                                                                    
percent had  to do  with oil development  after 1979,  was a                                                                    
more limited pool  of money, and equated to  the roughly $80                                                                    
million  to   $90  million.  The  two   generated  different                                                                    
contributions to  the fund. She elaborated  that royalty was                                                                    
not inflation proofing and did  not cover inflation. Royalty                                                                    
was a  non-renewable resource that the  state was attempting                                                                    
to  create inter-generational  equity with.  Royalty had  no                                                                    
tie to  inflation. The inflation  proofing came  about based                                                                    
on the  current constitutional construct. The  principle did                                                                    
not get  any inflation benefit  from the increase  in market                                                                    
value  that might  occur due  to inflation  because all  the                                                                    
gain  went to  the  ERA  once its  realized,  which was  why                                                                    
inflation  proofing was  necessary. A  POMV structure  would                                                                    
eliminate the need for inflation  proofing because the total                                                                    
fund  would  benefit  from  all   the  gain  and  in  effect                                                                    
constitutionalize inflation proofing.                                                                                           
                                                                                                                                
9:58:00 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz asked  whether there  would be  any leeway                                                                    
for the  ERA outside of  the 5 percent  draw if a  5 percent                                                                    
draw was in the constitution.  Ms. Rodell explained that how                                                                    
it worked  mechanically was the unencumbered  balance in the                                                                    
ERA would be deposited into the  corpus and the ERA would be                                                                    
eliminated. She informed the  committee that the legislature                                                                    
would  need to  conform statutes  to the  new constitutional                                                                    
amendment. There  would not be  an ERA after a  certain date                                                                    
once it was constitutionalized.                                                                                                 
                                                                                                                                
9:59:29 AM                                                                                                                    
                                                                                                                                
Representative Carpenter  referenced the statement  that HJR
1  would protect  the fund.  He asked  which portion  of the                                                                    
fund was not currently  protected. Ms. Rodell responded that                                                                    
it depended  on how  protection was defined.  She elucidated                                                                    
that the principle was not  protected from inflation without                                                                    
an  appropriation  by  the  legislature.  The  ERA  was  not                                                                    
protected  to ensure  intergenerational benefit  because the                                                                    
entire balance was subject  to appropriation. She maintained                                                                    
that from  the viewpoint  of the trustees,  protection meant                                                                    
that the  fund was  saved and would  keep up  with inflation                                                                    
without the  need for active involvement  by the legislature                                                                    
other  than  appropriating up  to  5  percent of  the  POMV.                                                                    
Representative Carpenter  appreciated the  clarification. He                                                                    
believed that there were two  different types of protection;                                                                    
one  is inflationary  protection of  the principle,  and the                                                                    
other was spending of the ERA.  He stated that there was not                                                                    
a mechanism  to spend from  the corpus.  He asked if  he was                                                                    
correct. Ms. Rodell responded in the affirmative.                                                                               
                                                                                                                                
Representative Carpenter hypothesized  that if inflation was                                                                    
outpacing the  5 percent  draw over  several years,  then in                                                                    
those years  the corpus would  not be  inflation-proofed. He                                                                    
asked whether he was correct.  Ms. Rodell responded that the                                                                    
trustees  had   an  investment   policy  with   a  long-term                                                                    
objective of 5 percent plus  the Consumer Price Index (CPI).                                                                    
Therefore,  if there  was a  period of  high inflation  of 3                                                                    
percent then the  trustees would want a nominal  return of 8                                                                    
percent. If  the investment performance was  below 5 percent                                                                    
 then inflation was  not quite getting the fund  to the same                                                                    
spot but  was not falling as  far behind as a  scenario with                                                                    
zero  inflation  and  flat growth.   A  period  of  negative                                                                    
losses  meant  the  fund was  falling  further  and  further                                                                    
behind. She determined that if  the fund had negative losses                                                                    
it  would  have  to  perform  better  than  8  percent.  She                                                                    
reasoned that the   smoothing  affect  was invaluable to the                                                                    
POMV. She  explained that in  years of off the  chart growth                                                                    
the fund  would produce a benefit  over the next 5  years as                                                                    
the  boom years  fed  into the  calculation. However,  there                                                                    
would not  be a windfall amount  if it was taken  all in one                                                                    
year. She hypothesized  that if in FY 22 to  FY 24 there was                                                                    
1 percent  or minus 5  percent growth it would  get factored                                                                    
in and the  numbers would trickle down. Looking  back over a                                                                    
10 to  15 year period  it would be  a  smooth ride   and not                                                                    
create wild  swings. It was the  corporation's philosophy to                                                                    
stay invested to keep pace with the 5 percent POMV.                                                                             
                                                                                                                                
10:05:30 AM                                                                                                                   
                                                                                                                                
Representative  Carpenter had  heard  that  a percentage  of                                                                    
real earnings  already accounted for inflation.  He asked if                                                                    
it would be  a more traditional way to  inflation proof. Ms.                                                                    
Rodell responded  that it was a  possibility. She delineated                                                                    
that another way  other jurisdictions had handled  it was to                                                                    
make the  POMV a range  of percentage points like  3 percent                                                                    
to 5 percent  and factor in the inflation  rate and withdraw                                                                    
accordingly  to leave  an inflation  adjustment. She  stated                                                                    
that the mechanism was a  policy call and from the trustees                                                                     
standpoint HJR 1  was consistent with what  the trustees had                                                                    
adopted.  She thought  that the  HJR 1  mechanism was   very                                                                    
simple and straightforward.                                                                                                     
                                                                                                                                
10:06:56 AM                                                                                                                   
                                                                                                                                
Co-Chair Merrick apologized to Mr.  Laing for not being able                                                                    
to hear his presentation, as  the committee was out of time.                                                                    
He  would  be invited  back  to  the  committee at  a  later                                                                    
hearing.                                                                                                                        
                                                                                                                                
Co-Chair Merrick reviewed the agenda for the afternoon.                                                                         
                                                                                                                                
HJR  1  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HJR 1 Institute of the North HFIN Presentation 051221 .pdf HFIN 5/12/2021 9:00:00 AM
HJR 1
02 HJR 1 Sponsor Statement - H FIN 5.3.21.pdf HFIN 5/12/2021 9:00:00 AM
HJR 1
05 HJR 1 Sectional Analysis - H FIN 5.3.21.pdf HFIN 5/12/2021 9:00:00 AM
HJR 1
06 HJR 1 Background - APFC POMV Statement.pdf HFIN 5/12/2021 9:00:00 AM
HJR 1
08 HJR 1 Background - APFC-Resolution-POMV-2020-01.pdf HFIN 5/12/2021 9:00:00 AM
HJR 1
07 HJR 1 Background - 2020_APFC_Trustees-Paper-9.pdf HFIN 5/12/2021 9:00:00 AM
HJR 1
09 HJR 1 Background - APFC-Resolution-POMV-2004-09.pdf HFIN 5/12/2021 9:00:00 AM
HJR 1
10 HJR 1 Background - APFC-Resolution-POMV-2003-05.pdf HFIN 5/12/2021 9:00:00 AM
HJR 1
11 HJR 1 Background - Institue-of-the-North-Position-Paper-Web.pdf HFIN 5/12/2021 9:00:00 AM
HJR 1