Legislature(2021 - 2022)ANCH LIO DENALI Rm

09/02/2021 01:00 PM House WAYS & MEANS

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Audio Topic
01:04:11 PM Start
01:04:32 PM HB3004
01:43:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Location Change --
+= HB3004 APPROP: REVERSE OPERATING APPROP. VETOES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 3004-APPROP: REVERSE OPERATING APPROP. VETOES                                                                    
                                                                                                                                
1:04:32 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ announced  that the only order  of business would                                                               
be HOUSE  BILL NO.  3004, "An Act  making appropriations  for the                                                               
operating and loan  program expenses of state  government and for                                                               
certain    programs;   capitalizing    funds;   making    capital                                                               
appropriations    and    supplemental   appropriations;    making                                                               
appropriations  under art.  IX, sec.  17(c), Constitution  of the                                                               
State  of Alaska,  from the  constitutional budget  reserve fund;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
1:04:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  moved  to   adopt  the  proposed  committee                                                               
substitute (CS)  for HB 3004, Version  32-LS1142\I, Marx, 9/1/21,                                                               
as a working  document.  There being no objection,  Version I was                                                               
before the committee.                                                                                                           
                                                                                                                                
1:04:57 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ  explained that  HB 3004  contains all  the items                                                               
the  legislature  had intended  to  fund  in  HB 69  [during  the                                                               
regular  session  of  the 2021-2022  Thirty-Second  Alaska  State                                                               
Legislature].   She explained that  passage of HB 3003  made some                                                               
of  the items  in HB  3004 superlative;  Version I  removes those                                                               
items.  She said Alexei Painter would explain Version I.                                                                        
                                                                                                                                
1:06:23 PM                                                                                                                    
                                                                                                                                
The committee  took a  consecutive series  of at-eases  from 1:06                                                               
p.m. to 1:15 p.m. to address technical issues.                                                                                  
                                                                                                                                
1:15:37 PM                                                                                                                    
                                                                                                                                
ALEXEI   PAINTER,   Director,   Legislative   Finance   Division,                                                               
presented the  proposed committee  substitute, Version I,  for HB
3004 and  four corresponding reports  [included in  the committee                                                               
packet].   He said  Report 1 is  a summary of  the bill  with all                                                               
fund  sources.    The  first column  shows  the  operating  items                                                               
effective in  fiscal year 2022  (FY 22); the second  column shows                                                               
the  operating supplementals;  the third  column shows  the total                                                               
operating  items;  the fourth  column  shows  capital items;  the                                                               
fifth column shows capital supplementals;  the sixth column shows                                                               
the capital total;  and the seventh column shows  the bill total.                                                               
He  said  the bill  contains  $495.7  million of  appropriations,                                                               
split  up between  $163 million  on the  operating side  and $332                                                               
million  on  the  capital  side.     The  appropriations  consist                                                               
primarily of  "add-backs" for  vetoed items  by the  governor, as                                                               
well  as  a  couple  "replacing items"  directly  funded  by  the                                                               
constitutional budget reserve (CBR) that  were removed from HB 69                                                               
when  that bill  failed.   He echoed  Chair Spohnholz'  statement                                                               
that Version I removes the duplicate  items that were in HB 3003.                                                               
He  said he  would be  showing transaction  changes that  reflect                                                               
what the changes are between the two bill versions.                                                                             
                                                                                                                                
1:17:34 PM                                                                                                                    
                                                                                                                                
MR.  PAINTER  said Report  2  is  the same  as  Report  1 but  is                                                               
restricted  to  the  general  fund  (GF)  thus  illuminating  the                                                               
unrestricted general  fund (UGF).   He noted that  $153.7 million                                                               
of  operating expenses  in  HB  3004 are  UGF,  while $107.8  are                                                               
capital [expenses],  for a  total of $261.5  million UGF  for the                                                               
entire bill.   He  drew attention  to Report  3, which  shows the                                                               
items removed  from Version I because  of HB 3003:   $400,000 for                                                               
Alaska Legal  Services; $1.25 million for  public health nursing;                                                               
a  correction of  the  over appropriation  of  the public  school                                                               
trust fund;  and oil  and gas  tax credits.   He said  the entire                                                               
amount had  been funded  by the  CBR in HB  69, and  the original                                                               
version of  HB 3004 sought  to replace  the amount with  the same                                                               
fund source;  however, with  HB 3003, "some  of the  funding that                                                               
was  from the  general fund  did go  out, so  this item  has been                                                               
completely removed from this version of the bill."                                                                              
                                                                                                                                
1:19:38 PM                                                                                                                    
                                                                                                                                
MR. PAINTER  stated that  HB 3004  had a  "placeholder" permanent                                                               
fund  dividend (PFD)  of  $500  million, but  it  was removed  in                                                               
Version I  because there was a  placeholder PFD in HB  3003.  Mr.                                                               
Painter noted  that there was one  change to the capital  side of                                                               
the bill, shown on  the first page of Report 4,  which was a fund                                                               
source change  on the Alaska Travel  Industry Association (ATIA).                                                               
He explained that  the $10 million appropriation had  been out of                                                               
the  statutory budget  reserve  (SBR)  fund in  HB  69; the  fund                                                               
sources  "were moved  around  in  HB 3003."    He  said that  $10                                                               
million is  spoken for  by the  PFD appropriation;  therefore, it                                                               
was moved  to the GF.   He said other  than that the rest  of the                                                               
pages  of the  report show  there are  no other  changes to  "the                                                               
capital side" between [the original HB 3004 and Version I].                                                                     
                                                                                                                                
1:21:33 PM                                                                                                                    
                                                                                                                                
MR. PAINTER,  in response to Representative  Wool, confirmed that                                                               
none of the  items in Version I were reflected  in the enacted HB
69.                                                                                                                             
                                                                                                                                
1:22:55 PM                                                                                                                    
                                                                                                                                
MR.   PAINTER,   in   response   to   Representative   Josephson,                                                               
acknowledged that the reverse sweep  restores the balances of the                                                               
funds.   In response to  a follow-up question, he  confirmed that                                                               
"by reversing  the sweep, ... there  would be no need  to do fund                                                               
changes."                                                                                                                       
                                                                                                                                
1:24:54 PM                                                                                                                    
                                                                                                                                
MR. PAINTER, in response to  Representative Wool, stated that the                                                               
reverse  sweep numbers  are not  included in  the report  but are                                                               
estimated  to be  $900  million to  $1  billion, primarily  split                                                               
between the  higher education  fund, at  about $400  million, the                                                               
SBR, which  is about $330 million,  and other smaller funds.   He                                                               
directed attention to the UGF spending  in Report 2, shown in the                                                               
bottom-right of  the page  as $261.5  million; however,  he noted                                                               
that $21.3  million of  that is  the supplemental.   He  said the                                                               
impact of that  on the FY 22 budget would  be about $240 million.                                                               
In response to  a follow-up question, he  explained that [Version                                                               
I] would  create a  budget deficit, which  then would  be handled                                                               
through  Section  15(b).   He  said  in  general when  there  are                                                               
deficits,  the budget  is structured  to have  "filling language"                                                               
related to  the CBR.   This year was  unusual in that  items were                                                               
directly funded  out of other  savings accounts in order  to make                                                               
the  budget roughly  balanced without  deficit language  when the                                                               
legislature  passed  it.    In   response  to  another  follow-up                                                               
question from  Representative Wool, he confirmed  that the amount                                                               
that would be  needed for "filling" if Version I  passed would be                                                               
in the range of $200 million.                                                                                                   
                                                                                                                                
1:28:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  where  that money  was going  to                                                               
come from had the governor not vetoed the budget.                                                                               
                                                                                                                                
1:28:50 PM                                                                                                                    
                                                                                                                                
MR. PAINTER answered that the  fund sources were different in the                                                               
conference committee's  version of  HB 69;  the entire  amount of                                                               
oil and gas tax  credits, as well as the PFD,  came from the CBR,                                                               
as opposed  to being split  between the  CBR and general  fund as                                                               
they were in HB 3003.  He added  there was a small deficit of $10                                                               
million that would have come from the CBR.                                                                                      
                                                                                                                                
REPRESENTATIVE   JOSEPHSON  asked   for  confirmation   that  the                                                               
conference  committee  version [of  HB  69]  would have  required                                                               
"less of a supermajority to fund these elements."                                                                               
                                                                                                                                
MR. PAINTER replied  that in 2019, the  legislature had adjourned                                                               
without  a  supermajority  vote  and with  no  reverse  sweep  or                                                               
"deficit-filling language."   He  offered his  understanding that                                                               
House  Bill 2001  had contained  the  veto restorations,  reverse                                                               
sweep language, and CBR access.                                                                                                 
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked  for  confirmation  that  it  is                                                               
problematic that  the CBR is  the sole source under  the proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
MR.  PAINTER  declined  to comment  on  "the  political  problems                                                               
caused  by  any particular  thing,"  but  confirmed that  because                                                               
there was little  majority access funding after HB  3003, most of                                                               
the  funding  under  the proposed  legislation  would  require  a                                                               
three-quarters [approval] of the legislature.                                                                                   
                                                                                                                                
1:32:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   STORY  expressed   concern   about  the   higher                                                               
education investment fund, and she inquired about its status.                                                                   
                                                                                                                                
MR. PAINTER replied that the  funds appropriated out of that fund                                                               
were enacted under HB 69, and  the governor has said they will be                                                               
funded  for this  year.    He indicated  that  HB  3004 does  not                                                               
specifically reference  that fund, but  "it would be  included in                                                               
that language under [Section] 15(a) of this bill."                                                                              
                                                                                                                                
REPRESENTATIVE STORY stressed the importance of that happening.                                                                 
                                                                                                                                
1:34:42 PM                                                                                                                    
                                                                                                                                
CHAIR  SPOHNHOLZ asked  how much  federal  funding is  associated                                                               
with the appropriations under HB 3004.                                                                                          
                                                                                                                                
MR. PAINTER answered that in  Report 1, the federal receipt total                                                               
is $220  million, and it is  for two items in  the capital budget                                                               
of  the   Department  of   Transportation  &   Public  Facilities                                                               
(DOT&PF),  both vetoes  for the  Service Transportation  program.                                                               
In  response   to  a  follow-up  question,   he  offered  further                                                               
information about what that money was funding.                                                                                  
                                                                                                                                
1:35:43 PM                                                                                                                    
                                                                                                                                
MR.  PAINTER,  in  response to  a  question  from  Representative                                                               
Josephson about why federal dollars  were vetoed, offered further                                                               
context  about  the  process  of   allocating  for  projects  and                                                               
contingencies and intending flexibility for DOT&PF.                                                                             
                                                                                                                                
REPRESENTATIVE  JOSEPHSON remarked  that he  would not  like this                                                               
veto if he were commissioner.                                                                                                   
                                                                                                                                
1:38:54 PM                                                                                                                    
                                                                                                                                
CHAIR  SPOHNHOLZ agreed  with Representative  Josephson's comment                                                               
that from DOT&PF's perspective,  having flexibility "seems like a                                                               
good  thing, and  she  commended  Representative Story's  comment                                                               
regarding the  Higher Education Fund.   She pointed out  that the                                                               
capital  projects would  help improve  quality of  life, and  she                                                               
noted there is "a laundry list"  of services that would be helped                                                               
under [HB 3004, Version I], highlighting services for seniors.                                                                  
                                                                                                                                
1:41:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  said he  has faith in  Chair Spohnholz,                                                               
and he  offered his  support regarding  the consideration  of the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
[HB 3004 was held over.]                                                                                                        

Document Name Date/Time Subjects
CS workdraft version I 9.1.21.pdf HW&M 9/2/2021 1:00:00 PM
HB 3004 Operating Transaction Compare.pdf HW&M 9/2/2021 1:00:00 PM
HB3004
HB3004 Bill Total All Funds.pdf HW&M 9/2/2021 1:00:00 PM
HB3004
HB3004 Bill Total UGF.pdf HW&M 9/2/2021 1:00:00 PM
HB3004
HB 3004 Capital Project Detail.pdf HW&M 9/2/2021 1:00:00 PM
HB3004
HB 3004 Packet of Reports.pdf HW&M 9/2/2021 1:00:00 PM
HB3004