Legislature(1999 - 2000)

05/14/1999 03:10 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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 CS FOR HOUSE BILL NO. 156(FIN)                                                                                                 
"An Act relating to investments by the Alaska                                                                                   
Permanent Fund Corporation; and providing for an                                                                                
effective date."                                                                                                                
                                                                                                                                
This was the second hearing for this bill in the Senate                                                                         
Finance Committee.                                                                                                              
                                                                                                                                
Co-Chair John Torgerson noted that there was some                                                                               
disagreement he had with the Alaska Permanent Fund                                                                              
Corporation dealing with the amount of money the                                                                                
corporation may borrow for real estate purposes. Under the                                                                      
current language, he explained, there is no limit. He told                                                                      
the Committee he had asked the corporation to propose an                                                                        
amount appropriate as a limit.                                                                                                  
                                                                                                                                
Another concern of Co-Chair John Torgerson's related to                                                                         
Section 1 of the committee substitute ".the corporation                                                                         
may, either directly or through an entity in which the                                                                          
investment is made, borrow money." He proposed an amendment                                                                     
(Amendment #1) that deletes "either directly or" and said                                                                       
the corporation agreed to that change.                                                                                          
                                                                                                                                
Co-Chair John Torgerson referred to discussions about the                                                                       
management of real estate owned by the corporation. His                                                                         
proposed amendment adds a new subsection (C) that requires                                                                      
properties to be professionally managed.                                                                                        
                                                                                                                                
Co-Chair John Torgerson said he had also raised the issue                                                                       
of allowing the Legislative Budget and Audit Committee to                                                                       
review and approve real estate transactions rather than                                                                         
simply review and comment. However, he was assured during                                                                       
previous testimony that to make this change would give the                                                                      
legislature too large of a role in the investments of the                                                                       
fund.                                                                                                                           
                                                                                                                                
The final concern Co-Chair John Torgerson had with the bill                                                                     
related to the "five-percent float" and whether or not it                                                                       
should only exclude equities.                                                                                                   
                                                                                                                                
Amendment #1: This amendment deletes, "either directly or"                                                                      
following "may" on page 1 line 7 of the committee                                                                               
substitute. The language then reads, "With respect to real                                                                      
property investments of the fund, the corporation may,                                                                          
through an entity in which the investment is made, borrow                                                                       
money if the borrowing is without recourse to the                                                                               
corporation and the fund." The amendment also adds a new                                                                        
subsection to Section 2 of the committee substitute that                                                                        
requires real estate management firms to be "professionally                                                                     
managed." Senator Sean Parnell moved for adoption.  Senator                                                                     
Al Adams objected to hear the corporation's position on the                                                                     
amendment.                                                                                                                      
                                                                                                                                
JIM KELLY, Director of Communications, Alaska Permanent                                                                         
Fund Corporation, Department of Revenue testified that the                                                                      
amendment is acceptable to the corporation. He added that                                                                       
the first part of the amendment also addresses Co-Chair                                                                         
John Torgerson's concern with the borrowing limits. He                                                                          
offered Peter Naoroz to explain "non-recourse" and how the                                                                      
comfort level of the legislature can be maintained.                                                                             
                                                                                                                                
Senator Al Adams withdrew his objection and without                                                                             
objection, Amendment #1 was ADOPTED.                                                                                            
                                                                                                                                
PETER NAOROZ, Manager of Real Estate Investments, Alaska                                                                        
Permanent Fund Corporation, Department of Revenue                                                                               
testified.  He related how, two years ago, Mr. Kelly asked                                                                      
his office to review the existing statutes governing the                                                                        
corporation's flexibility, and come up with ways to                                                                             
increase the fund's return and to reduce risk. The                                                                              
resulting review, he told the Committee, showed                                                                                 
opportunities to reduce operating and administrative costs.                                                                     
                                                                                                                                
Peter Naoroz used as an example a real estate investment in                                                                     
Washington D.C. called Tyson's Corner; a mall that also                                                                         
includes an office building and surrounding land. He                                                                            
relayed that when the corporation went to refinance this                                                                        
property, the lender requested the corporation to address                                                                       
the statute that prohibits the corporation from borrowing                                                                       
money or to guarantee from the principal of the fund, the                                                                       
obligations of others. He said that it was thought that                                                                         
because the corporation held this investment in partnership                                                                     
with other investors, the state was in effect guaranteeing                                                                      
the other investors' obligations. As a result, he said, the                                                                     
corporation had to undergo a long process of forming a                                                                          
legal opinion on the interpretation of the statute and then                                                                     
convince the lender that the loan could be extended. He                                                                         
identified this situation as an area where changing the                                                                         
statute could show a cost saving to the State because of                                                                        
the delay in procuring the loan and the extra cost to                                                                           
obtain the legal opinion. He viewed this as a housekeeping                                                                      
matter.                                                                                                                         
                                                                                                                                
Peter Naoroz then explained how the fund is currently                                                                           
governed by the "Prudent Investor Standard", and because of                                                                     
this, the corporation looks at borrowing caps, loan-to-                                                                         
values, its obligations to those it borrows from as well as                                                                     
entities the corporation invests in. He said the                                                                                
corporation then compares these factors to the existing                                                                         
"rent roll" i.e. the existing assets of the entity, and                                                                         
tries to match them. The corporation also looks at several                                                                      
factors, he continued, for sources to address risk                                                                              
mitigation.  In this manner the corporation is able to                                                                          
secure financing on portfolios of assets, according to                                                                          
Peter Naoroz.                                                                                                                   
                                                                                                                                
Peter Naoroz felt the request for a cap on a particular                                                                         
investment is appropriate and should be considered,                                                                             
However, he thought that when the corporation is attempting                                                                     
to secure financing on a pool of assets, the amount could                                                                       
potentially be much larger, he cautioned. He noted a number                                                                     
of office investments in Atlanta, Washington D.C., New                                                                          
Jersey and San Diego that are unleveraged, where the                                                                            
portfolio is approximately $400 million. He stressed that                                                                       
in today's marketplace, the finance on this pool is very                                                                        
attractive compared to any single asset financing                                                                               
opportunity. Therefore, he said, pooling of assets gives                                                                        
the corporation more flexibility and additional buying                                                                          
power, as well as reducing the costs and enhancing returns.                                                                     
                                                                                                                                
Peter Naoroz stated that the corporation is currently                                                                           
addressing the loan cap internally on a case-by-case basis.                                                                     
He wanted the Committee to consider allowing this practice                                                                      
to continue.                                                                                                                    
                                                                                                                                
Jim Kelly asked Peter Naoroz to give an example of the                                                                          
Permanent Fund's risk to borrowing on a $400 million                                                                            
portfolio. Peter Naoroz replied that in this situation, the                                                                     
corporation would approach the marketplace and request the                                                                      
best terms to borrow approximately $200 million. He noted                                                                       
that the corporation's current portfolio of this amount has                                                                     
between 8 1/2 and 9-percent current return and has                                                                              
appreciated in value since its purchase. Using this data,                                                                       
he predicted that the returns on the investment would be                                                                        
deposited into the principal of the fund and could be                                                                           
borrowed against. He stated that the assets in the                                                                              
portfolio would be the only collateral, i.e. there would be                                                                     
no obligation on the part of the permanent fund and the                                                                         
$200 million that was borrowed would be a return of                                                                             
principal. This is a good thing he stressed, because the                                                                        
corporation can then redeploy its cash or principal. He                                                                         
told the Committee that when he is asked to rebalance the                                                                       
total portfolio, the ability to aggregate the assets and                                                                        
place financing on them is a good tool.                                                                                         
                                                                                                                                
Co-chair Torgerson asked for the definition of "real                                                                            
property" versus real estate. Jim Kelly answered "real                                                                          
property" is defined in statute as real estate that is                                                                          
improved by completed and substantially rented buildings.                                                                       
Co-chair Torgerson wanted a comparison to "raw land." Jim                                                                       
Kelly responded that raw land is not allowable for                                                                              
permanent fund investment purposes. However, he noted                                                                           
proposed language that will allow raw land in some cases,                                                                       
such as the property adjacent to Tyson's Corner. The                                                                            
committee substitute will allow the corporation to invest                                                                       
in vacant property that is adjacent to property in which                                                                        
the corporation already has a vested interest in, thus                                                                          
adding to the portfolio. He noted this is the only instance                                                                     
where investment in raw land is allowed.                                                                                        
                                                                                                                                
Peter Naoroz added to the definition of real property                                                                           
saying it is the corporation's direct investments, whether                                                                      
in entities or not.  The other assets considered real                                                                           
estate, he continued, are mortgages-both whole loans and                                                                        
securities mortgages for commercial mortgage backed                                                                             
securities, and investments in the stock of real estate                                                                         
operating companies and real estate investment trusts.                                                                          
                                                                                                                                
Co-Chair John Torgerson asked if the Prudent Investment                                                                         
Standards are in statute or simply practiced internally.                                                                        
Jim Kelly responded that the standards are contained in                                                                         
statue under AS 37.13.120.                                                                                                      
                                                                                                                                
Co-Chair John Torgerson referred to page seven of the                                                                           
committee substitute discussing the "five-percent float."                                                                       
He said he would leave it up to the Committee to decide                                                                         
whether or not they wanted to limit the investments allowed                                                                     
using five-percent of the total assets of the fund.                                                                             
                                                                                                                                
Jim Kelly recounted when the Permanent Fund was first                                                                           
established and that it was given a conservative "legal                                                                         
list" that did not include real estate or stocks. Over                                                                          
time, he said, the legislature has given the corporation                                                                        
authority to make those investments. He stated that it has                                                                      
become more apparent in the investment world that risk is                                                                       
not a matter of one individual asset, but rather how the                                                                        
total portfolio is constructed. In the rules set for                                                                            
pension funds, he noted, it was determined that risk should                                                                     
be determined on a total portfolio basis. Therefore he                                                                          
emphasized, very risky assets, such as international                                                                            
investments can be held if they are included in a portfolio                                                                     
that also contains domestic stock to result in a portfolio                                                                      
with less risk.  This applies to alternative investments as                                                                     
well, and the corporation can purchase them under the                                                                           
basket clause, he said.                                                                                                         
                                                                                                                                
Jim Kelly advised that to construct a portfolio that has                                                                        
good risk management, the mix of investments should have                                                                        
good correlation with each other. He pointed out that the                                                                       
basket clause would increase the flexibility of the                                                                             
corporation by allowing it to either increase the                                                                               
allocation at an asset allocation level or at a security                                                                        
level. He referred to a statement made by Michael O'Leary                                                                       
describing how fixed income investments have evolved over                                                                       
time.                                                                                                                           
                                                                                                                                
Jim Kelly spoke of investment opportunities that have                                                                           
arisen that were not on the "five percent float" list, such                                                                     
as asset-backed securities that are considered not risky.                                                                       
He speculated that similar opportunities would come up in                                                                       
the next several years and said that the fund's trustees                                                                        
want an opportunity to invest in both fixed-income and                                                                          
equities, knowing that equities return more money. This                                                                         
bill, he said, has a provision to allow those investments.                                                                      
                                                                                                                                
Jim Kelly stated that with the asset allocation currently                                                                       
in statute, the fund's rate of return on investment would                                                                       
be 7.75 percent. If the asset allocation increases five-                                                                        
percent in equity, he predicted the fund would earn an                                                                          
expected medium return of 7.94 percent. If the corporation                                                                      
is allowed an asset allocation of fifty-eight percent in                                                                        
equities, which would be two percent below the maximum, he                                                                      
predicted a return of 8.13 percent rate of return.  Changes                                                                     
to the asset allocation, he qualified, would reduce the                                                                         
amount of return.                                                                                                               
                                                                                                                                
Co-Chair John Torgerson calculated a rate of return                                                                             
increase of 19 points for each five percent allocation to                                                                       
equities.                                                                                                                       
                                                                                                                                
Senator Gary Wilken understood that there were two separate                                                                     
issues addressed in the bill. The first, he surmised, was                                                                       
the original intent of the bill to expand the corporation's                                                                     
portfolio into different markets, such as real estate. The                                                                      
second issue dealt with the fifty-five percent provision,                                                                       
he noted. Therefore, he concluded that there were really                                                                        
two questions the Committee must decide on, either                                                                              
independently or together. He expressed he was comfortable                                                                      
supporting both items. He commented that he did not think                                                                       
the corporation request of five percent of the total assets                                                                     
to use in other investments was unreasonable. He believed                                                                       
that the fund managers would remain conservative in the                                                                         
investment strategy of the overall fund.                                                                                        
                                                                                                                                
Senator Loren Leman echoed Senator Gary Wilken's comments                                                                       
in support of the bill.                                                                                                         
                                                                                                                                
Senator Gary Wilken offered a motion to report from                                                                             
Committee, SCS CS HB 156(FIN). Without objection, it was                                                                        
REPORTED from Committee with individual recommendations and                                                                     
the House fiscal note for the Department of Revenue,                                                                            
Revenue Operations in the amount of $3,154.6.                                                                                   
                                                                                                                                
The committee took a brief at ease.                                                                                             
                                                                                                                                

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