Legislature(2007 - 2008)SENATE FINANCE 532

02/29/2008 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 256 SUPPLEMENTAL/CAPITAL APPROPRIATIONS TELECONFERENCED
Heard & Held
+= HB 13 RETIREMENT SYSTEM LIABILITY/BONDS/CORP. TELECONFERENCED
Heard & Held
+ SB 229 TANANA VALLEY FOREST/MINTO FLATS REFUGE TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 256                                                                                                           
                                                                                                                                
     "An  Act  making  supplemental  appropriations,  capital                                                                   
     appropriations,     reappropriations,      and     other                                                                   
     appropriations;    amending   certain    appropriations;                                                                   
     ratifying  certain expenditures;  making  appropriations                                                                   
     to  capitalize funds;  and  providing  for an  effective                                                                   
     date."                                                                                                                     
                                                                                                                                
Co-Chair Hoffman noted it was  the third hearing on SB 256 by                                                                   
the Senate Finance Committee.                                                                                                   
                                                                                                                                
9:11:09 AM                                                                                                                    
                                                                                                                                
TIM  GRUSSENDORF, STAFF,  CO-CHAIR LYMAN  HOFFMAN, turned  to                                                                   
page 7 of the supplemental requests  spreadsheet for CSSB 256                                                                   
(FIN) to explain  modifications and additions  that have been                                                                   
made:                                                                                                                           
                                                                                                                                
Sections 7-9   Natural Resources   Oil & Gas                                                                                    
                                                                                                                                
     Cost to  implement ch.1,  SSSLA 2007 (HB  2001) Alaska's                                                                   
     Clear and  Equitable Share legislation.   Add two  Oil &                                                                   
     Gas Revenue  Audit Master exempt positions.   The amount                                                                   
     is reduced  from the original  fiscal note due  to later                                                                   
     than  anticipated hiring  of the positions.     The FY09                                                                   
     budget contains a related increase of $303.5.                                                                              
                                                                                                                                
 Mr. Grussendorf explained that the number was reduced from                                                                     
 $110,000 to $85,000 due to positions not yet hired.                                                                            
                                                                                                                                
Sections 7-9   Public Safety    Judicial Services - Anchorage                                                                   
                                                                                                                                
     Assume  Anchorage prisoner  transport  duties.   Assumes                                                                   
     December 2007  hire date for six new positions.   Covers                                                                   
     one-time  purchases and  share of  annual expenses.   If                                                                   
     one-time  costs are  not funded  here, additional  funds                                                                   
     will be  needed in FY09.   In the FY09 budget  at $656.3                                                                   
     for a full year's costs,  but that does not include one-                                                                   
     time costs.                                                                                                                
                                                                                                                                
Mr. Grussendorf  related that the reduction from  $620,300 to                                                                   
$477,600 is  because the  new positions  have not been  hired                                                                   
yet.                                                                                                                            
                                                                                                                                
Section 13(a)   Environmental Conservation   Water Quality                                                                      
                                                                                                                                
     Implementation  of  the   Ocean  Ranger  program.    The                                                                   
     contract needs  to be established early  enough to allow                                                                   
     the contractor to hire and  train Ocean Rangers prior to                                                                   
     the season  beginning in May 2008.  The  contractor will                                                                   
     incur  substantial  expenditures for  hiring,  training,                                                                   
     and   purchasing  equipment   in  preparation   for  the                                                                   
     upcoming  season.    In  addition  to  the  contractor's                                                                   
     costs,  the  department is  incurring  expenditures  for                                                                   
     paying staff  and other expenditures  for implementation                                                                   
     of the program.                                                                                                            
                                                                                                                                
Mr. Grussendorf  reported that  the language was  modified to                                                                   
clarify that  the program  spends no more  than the  $4 berth                                                                   
tax that it generates.                                                                                                          
                                                                                                                                
Section 22   Education School Performance Incentive Program                                                                     
                                                                                                                                
     If  the  amount  necessary  to  pay  school  performance                                                                   
     incentives  exceeds the  amount  appropriated for  FY08,                                                                   
     the additional  amount necessary  is appropriated.   The                                                                   
     department won't  know the final amount  until after the                                                                   
     legislature   has  adjourned.     Similar  language   is                                                                   
     included in the FY09 operating budget.                                                                                     
                                                                                                                                
Mr. Grussendorf  explained that  the Governor had  proposed a                                                                   
three-year line  for the performance  incentive program.   An                                                                   
additional $1.4  million will be  funded for the  program and                                                                   
allow  a report  to be  generated to  see if  the program  is                                                                   
working as expected.                                                                                                            
                                                                                                                                
9:13:47 AM                                                                                                                    
                                                                                                                                
Section 27   Debt Fund Capitalization   PCE Fund                                                                                
                                                                                                                                
     Increase   PCE  Fund  capitalization   by  $700.0   from                                                                   
     $12,999.4   GF  to  $13,699.4   GF  (total   funds  from                                                                   
     $25,273.0  to $25,973.0)  in order  to provide  more PCE                                                                   
     funding needed due to increased fuel costs.                                                                                
                                                                                                                                
Mr. Grussendorf  explained that  the number was  changed from                                                                   
$700,000 to  $1.2 million  for FY 08,  and the FY  09 request                                                                   
would be reduced  by $500,000 in order to fully  fund PCE for                                                                   
FY 08.                                                                                                                          
                                                                                                                                
Mr.   Grussendorf  reported   on  a   new  appropriation   of                                                                   
$13,261,000 to Retirement & Benefits  that will depend on the                                                                   
passage of SB 125, which is the  PERS/TRS bill.  It will be a                                                                   
one-time payment  for the  "heroes list"  and those  who were                                                                   
under  the  rate of  22  percent.    If SB  125  passes,  the                                                                   
language  regarding the  "phase  up" to  22  percent will  be                                                                   
removed.                                                                                                                        
                                                                                                                                
9:15:16 AM                                                                                                                    
                                                                                                                                
Mr. Grussendorf  reported on a new appropriation  to Commerce                                                                   
regarding QTA Independent Travelers  Grants.  All non-Vehicle                                                                   
Rental Tax  funds will  be replaced  with Vehicle Rental  Tax                                                                   
funding.   The Vehicle  Rental  Tax will be  placed into  the                                                                   
Department of Natural Resources, Parks Management.                                                                              
                                                                                                                                
Mr.  Grussendorf   related   that  there   would  be   a  new                                                                   
appropriation of  $150 million for the capitalization  of the                                                                   
new fund  for revenue sharing  to Commerce, Revenue  Sharing,                                                                   
contingent on the passage of SB 72.                                                                                             
                                                                                                                                
Mr. Grussendorf  explained  a new appropriation  to Fish  and                                                                   
Game for the Anchorage  Hatchery.  It is a  scope change that                                                                   
removes language  enabling funding to be spent  on a hatchery                                                                   
in  Fairbanks  (leaving  a  hatchery  for  Anchorage  in  the                                                                   
appropriation language).                                                                                                        
                                                                                                                                
Mr. Grussendorf said that there  is a new Fund Capitalization                                                                   
to  the  Statutory  Budget  Reserve   which  appropriates  $1                                                                   
billion of the FY 08 surplus to the SBR.                                                                                        
                                                                                                                                
Mr. Grussendorf  reported another new Fund  Capitalization to                                                                   
the  Constitutional Budget  Reserve  of  an appropriation  of                                                                   
$2.6 billion of the Fy08 surplus to the CBR.                                                                                    
                                                                                                                                
Mr.   Grussendorf  explained   a  language   change  in   the                                                                   
Department  of Revenue,  Shared Taxes  and Fees, which  would                                                                   
add shared taxes  and fees language for revenue  collected in                                                                   
FY  08, remove  the commercial  passenger  vessel excise  tax                                                                   
from  FY  09's budget,  and  not  include  it  in the  FY  08                                                                   
supplemental to  ensure that the correct persons  receive the                                                                   
payment.                                                                                                                        
                                                                                                                                
9:18:04 AM                                                                                                                    
                                                                                                                                
Mr.  Grussendorf related  that  a new  appropriation of  $200                                                                   
million to the Department of Revenue,  Alaska Housing Finance                                                                   
Corporation (AHFC),  is part of  a new energy  program called                                                                   
the  Alaska  Housing  Energy  Efficiency  and  Weatherization                                                                   
Program.   Another appropriation of  $100 million is  part of                                                                   
the new Alaska Housing Home Energy Rating Rebate Program.                                                                       
                                                                                                                                
Mr. Grussendorf noted that there  is a new placeholder of $50                                                                   
million  for  the Department  of  Transportation  and  Public                                                                   
Facilities, for capital projects.                                                                                               
                                                                                                                                
Mr. Grussendorf  reported on an appropriation  of $68 million                                                                   
to the Department  of Administration for capital  in order to                                                                   
replace the Master Lease Line  of Credit Funding with general                                                                   
funds.   This  will reduce  the FY  09 budget  by $4  million                                                                   
(reduction  in  debt  service  payments)  and  will  add  $68                                                                   
million  to  the  supplemental:  $10  m  (SATS/ALMR),  $41  m                                                                   
(AKPAY), $17 m (phone system).                                                                                                  
                                                                                                                                
9:19:34 AM                                                                                                                    
                                                                                                                                
Mr.  Grussendorf highlighted  the  total  projects that  were                                                                   
deleted  and approved,  and  the  amount the  Senate  Finance                                                                   
Committee has added, including supplemental savings.                                                                            
                                                                                                                                
Section 26 (f)   Transportation                                                                                                 
                                                                                                                                
     The Environmental Protection  Agency (EPA) has initiated                                                                   
     an enforcement action against  DOT&PF, alleging multiple                                                                   
     violations of the Clean Water  Act.  In addition, EPA is                                                                   
     requesting   information  regarding   sand  and   gravel                                                                   
     sources.   EPA believes that DOT&PF and  its contractors                                                                   
     have been  operating material sites  without appropriate                                                                   
     storm water permits.                                                                                                       
                                                                                                                                
     The  EPA has  proposed settling  the case  if the  State                                                                   
     agrees to  the entry of  a consent decree(s)  that could                                                                   
     involve  the payment  of  significant  fines (Idaho  and                                                                   
     Hawaii   have   paid   fines    between   $500,000   and                                                                   
     $1,000,000),   be  required   to  conduct   supplemental                                                                   
     environmental  projects,  and  provide  training  within                                                                   
     DOT&PF.                                                                                                                    
                                                                                                                                
     This funding would be used  to collect evidence, present                                                                   
     a defense  and begin  negotiating a  settlement.   It is                                                                   
     anticipated  that  costs are  expected  to  be at  least                                                                   
     $500.0 during  calendar year  2008 so an  extended lapse                                                                   
     date through June 30, 2009 is requested.                                                                                   
                                                                                                                                
AMANDA RYDER, FISCAL ANALYST,  LEGISLATIVE FINANCE, explained                                                                   
that  the  modification  was  because  of  EPA's  enforcement                                                                   
action and  the money would  be used  for legal action.   The                                                                   
money was appropriated to enable  the state to pay settlement                                                                   
costs.                                                                                                                          
                                                                                                                                
9:21:31 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  MOVED to ADOPT  the CS for SB  256, labeled                                                                   
25-GS2009\C, Kane, 2/29/08.                                                                                                     
                                                                                                                                
Co-Chair Hoffman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
Co-Chair  Hoffman commented  that the  original bill  was for                                                                   
approximately  $205 million  and the  committee is  approving                                                                   
$172,816,800 in  the new  version of the  bill.  There  is an                                                                   
increase  in  general  funds of  $4,150,730,800.    The  vast                                                                   
majority of this appropriation  is savings of $2.6 billion to                                                                   
the CBR, a payment of 50 percent  of the outstanding balance,                                                                   
leaving a balance  of $2.6 billion.  The CBR  currently has a                                                                   
balance  of $3.3  billion and  the addition  of $2.6  billion                                                                   
would bring the fund balance to  $5.9 billion.  If this trend                                                                   
continues,  it   is  conceivable   that  the  CBR   could  be                                                                   
completely paid off in a few years.                                                                                             
                                                                                                                                
9:24:09 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  continued to explain  that a deposit  of $1                                                                   
billion  to the  SBR requires  only a  simple majority.  Also                                                                   
included  in the  fast track  supplemental  is $18.5  billion                                                                   
needed  to  ensure  that  the   senior  services  legislation                                                                   
recently passed gets  funded.  He noted that  $300 million is                                                                   
set aside  for grants for  energy assistance.   Another major                                                                   
change  is $150 million  for revenue  sharing, contingent  on                                                                   
passage of SB 72.                                                                                                               
                                                                                                                                
9:26:17 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman clarified  that $3.6  billion is being  put                                                                   
into  savings, $300  million  into energy  conservation,  and                                                                   
$150  million   into  revenue  sharing.     Co-Chair  Hoffman                                                                   
commented that  the bill front-end loads the  revenue sharing                                                                   
program that  will ensure the  life of a $50  million program                                                                   
each year.  Co-Chair Stedman continued  to explain that there                                                                   
is  also, $18.5  million for  Senior Care  in the  bill.   He                                                                   
added  that there  was also a  $50 million  place holder  for                                                                   
dealing with capital appropriations  which were vetoed by the                                                                   
Administration.   Those will be  flushed out in the  next few                                                                   
days.                                                                                                                           
                                                                                                                                
Co-Chair  Hoffman  emphasized  that  Alaskans  are  concerned                                                                   
about  not  spending  the  entire   surplus;  therefore,  the                                                                   
committee is proposing to set  aside $3.6 billion in savings.                                                                   
Alaskans are concerned about energy  costs and this bill is a                                                                   
first step  to ensure that  Alaskans can take  the initiative                                                                   
to  weatherize their  homes.    He termed  the  bill a  major                                                                   
increase to what the Administration  has proposed and a major                                                                   
step in the right direction.                                                                                                    
                                                                                                                                
9:29:15 AM                                                                                                                    
                                                                                                                                
Senator  Thomas inquired  about  the appropriation  regarding                                                                   
the Anchorage  hatchery.   He shared  his understanding  that                                                                   
there was an agreement based on  bond funding paid by license                                                                   
fees.    He  noted that  cost  overruns  contributed  to  the                                                                   
decision to  have only one hatchery.   He questioned  why the                                                                   
Fairbanks hatchery was removed  from the funding.  He did not                                                                   
approve of  the approach.   He suggested splitting  the money                                                                   
equally between Fairbanks and Anchorage.                                                                                        
                                                                                                                                
Co-Chair  Hoffman thought  there would  be further debate  on                                                                   
the issue.                                                                                                                      
                                                                                                                                
Senator  Dyson  requested  a review  of  the  vetoed  capital                                                                   
budget items.                                                                                                                   
                                                                                                                                
Co-Chair  Stedman  recalled that  the  Administration  vetoed                                                                   
over  $100 million  in  the capital  budget  last  year.   He                                                                   
thought there  was lack  of information and  miscommunication                                                                   
which  led to  the items  being vetoed.   The  list is  being                                                                   
reviewed with a target range of  about $50 million.  He noted                                                                   
that there  is no intent  to put all  of the vetoed  items on                                                                   
the  table.    He hoped  that  additional  savings  would  be                                                                   
forthcoming  during this  budget  cycle.   He mentioned  that                                                                   
there are also social issues that need to be addressed.                                                                         
                                                                                                                                
9:34:57 AM                                                                                                                    
                                                                                                                                
Senator Dyson wondered  if some of the vetoed  projects would                                                                   
be put back  into the supplemental budget.   Co-Chair Stedman                                                                   
called it a work in progress.                                                                                                   
                                                                                                                                
Senator Dyson took  that as a maybe.  He emphasized  that the                                                                   
current  supplemental document  does not  contain any  vetoed                                                                   
projects.    He  voiced concern  about  mixing  budget  items                                                                   
across  the  fiscal  year  barrier  and  mixing  capital  and                                                                   
operating items.                                                                                                                
                                                                                                                                
Co-Chair Hoffman recalled that  that practice has been around                                                                   
for a long time.                                                                                                                
                                                                                                                                
AT EASE:       9:37:33 AM                                                                                                     
                                                                                                                                
RECONVENED:    9:38:13 AM                                                                                                     
                                                                                                                                
Co-Chair  Hoffman pointed  out that in  this budget  process,                                                                   
fiscal  years  are  not  being  crossed.    Co-Chair  Stedman                                                                   
pointed out that  there is a $50 million place  holder in the                                                                   
bill and  the vetoed items have  not been listed in  the bill                                                                   
yet.  He commented that during  the last two years an attempt                                                                   
to add  transparency was made.   He explained that  there may                                                                   
be  problems, but  care must  be  taken when  looking at  the                                                                   
supplemental budget to look at  operating impacts, and not to                                                                   
get caught  up in  the dollar  amounts.   He urged  committee                                                                   
members  to  concentrate on  looking  at  the impact  to  the                                                                   
agencies  in order  to  achieve an  accurate  budget and  the                                                                   
smallest supplemental  budget possible.  The goal  is to have                                                                   
all of FY 09 funded out of FY 09 funds, plus savings.                                                                           
                                                                                                                                
Senator  Dyson summarized  that the  $50 million  is a  place                                                                   
holder  for   vetoed  capital   projects.  Co-Chair   Hoffman                                                                   
concurred.                                                                                                                      
                                                                                                                                
9:41:42 AM                                                                                                                    
                                                                                                                                
Co-Chair   Hoffman  noted   his   intent   to  expedite   the                                                                   
supplemental budget.   He summarized  that the  total savings                                                                   
in the bill are in excess of $11.5 billion.                                                                                     
                                                                                                                                
Co-Chair Stedman  agreed if the  earnings reserve  account is                                                                   
removed,  the  total is  about  $7  billion.   The  operating                                                                   
account is  about $4  billion.  He  concluded that  these are                                                                   
huge steps forward.                                                                                                             
                                                                                                                                
There being NO OBJECTION CSSB 256 (FIN) was adopted.                                                                            
                                                                                                                                
AT EASE:  9:43:55 AM                                                                                                          
                                                                                                                                
RECONVENED:    9:47:12 AM                                                                                                     
                                                                                                                                
Co-Chair Stedman brought the meeting back to order.                                                                             
                                                                                                                                
9:48:33 AM                                                                                                                    
                                                                                                                                

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