Legislature(2021 - 2022)ANCH LIO DENALI Rm

10/13/2021 10:00 AM House WAYS & MEANS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to a Call of the Chair --
-- To convene at approximately 10:25AM --
*+ HB4003 PERMANENT FUND DIVIDEND; 25/75 POMV SPLIT TELECONFERENCED
Heard & Held
*+ HB4008 PFD: 50/50 POMV SPLIT TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
*+ HB4009 PERMANENT FUND DIVIDEND; ROYALTIES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB4010 PERMANENT FUND DIVIDEND; POMV SPLIT TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
           HB4009-PERMANENT FUND DIVIDEND; ROYALTIES                                                                        
                                                                                                                                
10:41:03 AM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced  that the next order  of business would                                                               
be HOUSE BILL NO. 4009, "An  Act relating to the Alaska permanent                                                               
fund; relating to dividends for  state residents; relating to the                                                               
use  of certain  state  income; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
10:41:59 AM                                                                                                                   
                                                                                                                                
REP HOPKINS, Alaska State  Legislature, prime sponsor, introduced                                                               
HB 4009.   He paraphrased the sponsor statement  [included in the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Alaskans  are beneficiaries  of  the  foresight of  our                                                                    
     state's   founders,   who  ensured   that   state-owned                                                                    
     resources would  be managed for the  maximum benefit of                                                                    
     all  Alaskans (Article  VIII Section  2). Unique  among                                                                    
     all  states,  Alaska's  constitution  creates  communal                                                                    
     ownership  of state  resources    what former  Governor                                                                    
     Wally Hickel called "the Owner State."                                                                                     
                                                                                                                                
     Following  statehood  and  the  discovery  of  Alaska's                                                                    
     North  Slope oil  reserves, Alaska's  political leaders                                                                    
     and  voters created  the Alaska  Permanent Fund  to, in                                                                    
     the  words of  Governor  Hammond  "transform oil  wells                                                                    
     pumping  oil  for  a finite  period  into  money  wells                                                                    
     pumping money for infinity."  Since 1982, Alaskans have                                                                    
     received dividend payments from the State of Alaska.                                                                       
                                                                                                                                
     With  a stepped  four-year approach,  HB 4009  crafts a                                                                    
     new  dividend formula,  where  Permanent Fund  earnings                                                                    
     AND  mineral revenues  from  oil and  gas  are used  to                                                                    
     calculate dividend  payments. Starting  in FY  2023, 35                                                                    
     percent  of Oil  and Gas  Royalties, Rents  and Bonuses                                                                    
     (OGRRB) would be combined with  10 percent of the total                                                                    
     Percent of Market Value (POMV)  draw for the payment of                                                                    
     dividends.  The amount  of the  state's OGRRB  and POMV                                                                    
     contribution to  the dividend fund  would grow  by five                                                                    
     percent annually until FY 2026,  when the final formula                                                                    
     of  50 percent  of  OGRRB  and 25%  of  the POMV  takes                                                                    
     effect.                                                                                                                    
                                                                                                                                
      HB  4009  creates a  new  partnership  and vision  for                                                                    
     Alaska's  dividend program.  By combining  the earnings                                                                    
     of  the Permanent  Fund with  a percentage  of Alaska's                                                                    
     oil  and gas  mineral revenues,  Alaskans will  benefit                                                                    
     from a  diversified dividend revenue  stream, shielding                                                                    
     the dividend from market  downturns and commodity price                                                                    
     fluctuations. Additionally, Alaskans  will see a direct                                                                    
     benefit from the continued  development of resources on                                                                    
     state and  federal land, renewing the  founders' vision                                                                    
     of an owner state.                                                                                                         
                                                                                                                                
10:46:03 AM                                                                                                                   
                                                                                                                                
JOE  HARDENBROOK,  Staff,  Representative Grier  Hopkins,  Alaska                                                               
State  Legislature, on  behalf of  Representative Hopkins,  prime                                                               
sponsor,  provided  a  brief  sectional   analysis  of  HB  4009.                                                               
Section 1 deleted  the old PFD formula.  Section  2 created a new                                                               
formula for  the fund's earning  appropriations for  the dividend                                                               
program.  Sections  3-5 contained conforming changes.   Section 6                                                               
excluded  the  Alaska  Mental Health  Trust  Authority  from  the                                                               
calculation of  the fund's market  value. Sections  7-9 contained                                                               
conforming changes.  Section 10  provided the new formula for oil                                                               
and  gas royalty  revenue and  bonus appropriations  to fund  the                                                               
dividend program.  Section 11 was the effective date.                                                                           
                                                                                                                                
10:48:15 AM                                                                                                                   
                                                                                                                                
MR. HARDENBROOK directed attention  to a PowerPoint presentation,                                                               
titled "HB  4009; A New  Vision for Alaska Dividends   [hard copy                                                               
included  in  the  committee  packet].   He  began  on  slide  2,                                                               
indicating  that   the  proposed   legislation  would   grow  and                                                               
diversify  the revenue  streams for  Alaska's dividends.   Rather                                                               
than solely relying  on market returns from  the Alaska Permanent                                                               
Fund,  future  dividends  would include  a  percentage  of  state                                                               
royalties, rents, and  bonuses on the development of  its oil and                                                               
gas  resources.   He turned  to slide  3, which  read as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     New Formula for Dividend Calculation:                                                                                      
        • FY23: 10% POMV Draw + 35% of Oil & Gas                                                                                
          Royalties/Rents/Bonuses (OGRRB)                                                                                       
        • FY24: 15% POMV Draw + 40% OGRRB                                                                                       
        • FY25: 20% POMV Draw + 45% OGRRB                                                                                       
        • FY26: 20% POMV Draw + 50% OGRRB                                                                                       
             o 25%+50% Formula in Effect from FY26 Onward                                                                       
                                                                                                                                
10:50:30 AM                                                                                                                   
                                                                                                                                
MR.  HARDENBROOK  advanced to  slide  4,  which read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     What Wouldn't Change:                                                                                                      
        • Permanent Fund Corporation                                                                                            
        • Percent of Market Value Statute                                                                                       
        • Dividend Tied to Performance of Permanent Fund                                                                        
                                                                                                                                
10:50:54 AM                                                                                                                   
                                                                                                                                
MR.  HARDENBROOK progressed  to slide  5, which  read as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     What Would Change:                                                                                                         
        • Alaskans Receive Direct Share of Oil and Gas                                                                          
          Revenue                                                                                                               
             o Federal and State Resources                                                                                      
        • Dividend Funds Diversified under New Formula                                                                          
        • Dividends Calculated on Fund Returns & Resource                                                                       
          Development                                                                                                           
                                                                                                                                
10:51:24 AM                                                                                                                   
                                                                                                                                
MR.  HARDENBROOK  continued to  slide  6,  which highlighted  the                                                               
funds  available for  paying dividends  under HB  4009.   Slide 7                                                               
outlined the projected dividend  amounts under the proposed plan,                                                               
starting at  $1,092 in FY  23.  He  concluded on slide  8, noting                                                               
that HB  4009 in its  current form would  result in a  deficit in                                                               
future  years, which  could be  addressed in  two ways:  firstly,                                                               
through maintaining  the proposed  blended revenue stream  of oil                                                               
and gas royalties and fund  returns, while tweaking the amount in                                                               
the formula; secondly, through new  revenue.  He invited Mr. Bell                                                               
to provide an explanation of the fiscal models on slide 8.                                                                      
                                                                                                                                
10:54:32 AM                                                                                                                   
                                                                                                                                
MR. BELL explained  that the fiscal model was  showing the impact                                                               
of  the  proposed  legislation using  assumptions  based  on  the                                                               
enacted capital budget and operating budget.                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ  directed attention to  the bottom left  chart on                                                               
slide 8 and asked whether the  unplanned ERA draw was in addition                                                               
to the surplus or deficit.                                                                                                      
                                                                                                                                
MR. BELL said the draw was part of the surplus or deficit.                                                                      
                                                                                                                                
CHAIR SPOHNHOLZ  sought to  confirm that the  CBR would  be drawn                                                               
from  to fund  the  deficit first,  followed by  an  ERA draw  to                                                               
maintain the  minimum balance of  $500 million  in the CBR.   She                                                               
estimated  that in  FY 22,  there would  be a  (indisc.) of  $204                                                               
million that would  grow up to $552 million in  FY 26 and decline                                                               
again to $234 million in FY 30.                                                                                                 
                                                                                                                                
MR. BELL confirmed that her understanding was accurate.                                                                         
                                                                                                                                
10:58:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether the  incremental increase                                                               
was  designed to  provide  the legislature  with  a timeframe  to                                                               
adopt new revenue.                                                                                                              
                                                                                                                                
REPRESENTATIVE HOPKINS answered yes.                                                                                            
                                                                                                                                
10:59:29 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WOOL observed that the  modeling on slide 8 showed                                                               
a  deficit in  FY 22  with a  CBR draw.   He  asked why  that was                                                               
depicted.                                                                                                                       
                                                                                                                                
MR. BELL believed  that Representative Wool was  referring to the                                                               
ERA draw  in FY  22.   He explained that  LFD's modeling  did not                                                               
include any of the federal revenue replacement.                                                                                 
                                                                                                                                
REPRESENTATIVE  WOOL applauded  the foundational  formula in  the                                                               
proposed  legislation; nonetheless,  he  expressed concern  about                                                               
the  step-up portion  of the  plan  and the  overdraw that  would                                                               
result.   Further, he asked  whether there was any  research that                                                               
showed a  benefit to  paying out large  dividends, as  opposed to                                                               
putting that  money towards the  BSA, education, and  other state                                                               
services.                                                                                                                       
                                                                                                                                
REPRESENTATIVE HOPKINS said  the bill would need to be  part of a                                                               
package  that  included  new  revenue, noting  that  he  did  not                                                               
support an  unplanned overdraw  from the ERA.   He  believed that                                                               
with  a full  fiscal  plan,  a balance  could  be struck  between                                                               
revenue, the  economy, and the  dividend.  He expressed  his hope                                                               
that  the formula  in HB  4009 would  drive resource  development                                                               
that  would bring  in  new revenue  to support  the  budget.   He                                                               
maintained that the proposed legislation  would allow for a fluid                                                               
dividend while protecting the POMV draw.                                                                                        
                                                                                                                                
11:05:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WOOL  agreed that  this  plan  would require  new                                                               
revenue  to  avoid the  overdraws.    He  said he  supported  the                                                               
initial formula  in the  bill but was  reluctant to  increase it,                                                               
because he believed new revenue could be used in a better way.                                                                  
                                                                                                                                
REPRESENTATIVE HOPKINS credited [HB  37] from Representative Wool                                                               
for the formula proposed in HB 4009.                                                                                            
                                                                                                                                
11:07:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STORY sought  to clarify how the  plan would allow                                                               
the state to  maintain essential public services  and provide for                                                               
a capital budget.                                                                                                               
                                                                                                                                
REPRESENTATIVE  HOPKINS  directed  attention to  slide  8,  which                                                               
highlighted the size  of the capital budget  under this proposal.                                                               
He  acknowledged  that  the  dividend   formula  would  create  a                                                               
deficit, so  essential services would  have to be  identified, as                                                               
well as new revenue and cuts to maintain a balanced budget.                                                                     
                                                                                                                                
MR.  HARDENBROOK noted  that the  numbers in  the model  included                                                               
inflationary increases for the FY 22 state budget.                                                                              
                                                                                                                                
CHAIR  SPOHNHOLZ   added  that  it  did   not,  however,  include                                                               
strategic  investments,   such  as  increases  to   the  BSA,  as                                                               
referenced by Representative Story.                                                                                             
                                                                                                                                
REPRESENTATIVE   HOPKINS,  in   response  to   a  question   from                                                               
Representative   Story,   confirmed    that   oil   prices   were                                                               
unpredictable.   He reasoned that  the dividend  formula proposed                                                               
in HB 4009  reflected the needs of Alaskans, such  as high energy                                                               
costs.                                                                                                                          
                                                                                                                                
11:11:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   HOPKINS,  in   response  to   a  question   from                                                               
Representative  Schrage, shared  his belief  that the  bill would                                                               
shield from  market downturns  by balancing  oil and  gas revenue                                                               
and permanent fund  earnings.  He acknowledged  that the proposal                                                               
would  come  with a  new  set  of  risks and  discussed  Alaskans                                                               
retaining ownership  of state resources  and sharing in  both the                                                               
high and low times.                                                                                                             
                                                                                                                                
REPRESENTATIVE   HOPKINS,  in   response  to   a  question   from                                                               
Representative Schrage, recalled  times throughout recent history                                                               
when the economy was thriving while  oil prices were low and vice                                                               
versa.                                                                                                                          
                                                                                                                                
11:16:17 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   HOPKINS,  in   response  to   a  question   from                                                               
Representative Josephson, confirmed that  the purple line labeled                                                               
"current scenario" [slide 8, top  right] represented the proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether  there was a  scenario in                                                               
which  the royalty  contribution in  HB  4009 would  result in  a                                                               
dividend equal to the 1982 statutory formula.                                                                                   
                                                                                                                                
REPRESENTATIVE  HOPKINS  answered  yes,  but  it  could  also  be                                                               
substantially lower depending on the price of oil.                                                                              
                                                                                                                                
11:17:24 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HOPKINS, in  response to Representative Josephson,                                                               
confirmed  that in  all  likelihood, the  dividend  would not  be                                                               
$2,800 [despite  projections indicating that it  would reach that                                                               
by FY  30] due to  the difficulty in  predicting oil prices.   He                                                               
noted that  according to  the forecast, oil  was predicted  to be                                                               
$65 per barrel going forward.                                                                                                   
                                                                                                                                
CHAIR  SPOHNHOLZ stressed  the  volatility of  oil  as a  revenue                                                               
source.                                                                                                                         
                                                                                                                                
11:18:55 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether  any  analysis  had  been                                                               
conducted   on   how   reduced  dividend   years   would   impact                                                               
participation in state services and programs.                                                                                   
                                                                                                                                
REPRESENTATIVE  HOPKINS  said  no   specific  analysis  had  been                                                               
conducted on that topic.                                                                                                        
                                                                                                                                
REPRESENTATIVE  EASTMAN  maintained  his   belief  that  such  an                                                               
analysis would be helpful.                                                                                                      
                                                                                                                                
REPRESENTATIVE HOPKINS reiterated  that the goal of  the bill was                                                               
to  create economic  incentive for  resource development  and job                                                               
creation to grow Alaska's economy.                                                                                              
                                                                                                                                
CHAIR SPOHNHOLZ  recalled hearing from the  Institute of Taxation                                                               
and Economic Policy  (ITEP) and others on the  impact of dividend                                                               
cuts.                                                                                                                           
                                                                                                                                
11:22:16 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE PRAX  didn't recall  hearing about  the dividend's                                                               
impact on municipalities.   He requested information  on how much                                                               
money was collected from unpaid  fines, parking tickets, speeding                                                               
tickets, etcetera.                                                                                                              
                                                                                                                                
11:23:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STORY reminded  the committee  that an  influx of                                                               
people would  be accompanied by  their need for services  and the                                                               
necessity to pay for those services.                                                                                            
                                                                                                                                
CHAIR SPOHNHOLZ announced that HB 4009 was held over.                                                                           
                                                                                                                                

Document Name Date/Time Subjects
HB 4009 Sponsor Statement.pdf HW&M 10/13/2021 10:00:00 AM
HB4009
HB 4003.PDF HW&M 10/13/2021 10:00:00 AM
HB 4010.pdf HW&M 10/13/2021 10:00:00 AM
HB4010
HB 4003 Presentation.pdf HW&M 10/13/2021 10:00:00 AM
HB4003
HB 4009 Presentation.pdf HW&M 10/13/2021 10:00:00 AM
HB4009
HB 4009.pdf HW&M 10/13/2021 10:00:00 AM
HB4009
HB 4009 Fiscal Note, OMB.pdf HW&M 10/13/2021 10:00:00 AM
HB4009
HB 4010 Sponsor Statement.pdf HW&M 10/13/2021 10:00:00 AM
HB4010
HB 4010 Sectional Analysis.pdf HW&M 10/13/2021 10:00:00 AM
HB4010
HB 4010 Fiscal Note, OMB.pdf HW&M 10/13/2021 10:00:00 AM
HB4010
HB 4010 Presentation 10.13.21.pdf HW&M 10/13/2021 10:00:00 AM
HB4010