Legislature(2021 - 2022)SENATE FINANCE 532

04/06/2022 01:00 PM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 162 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Heard & Held
+= SB 163 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
*+ SB 241 APPROP: SUPPLEMENTAL; CAPITAL TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
SENATE BILL NO. 241                                                                                                           
                                                                                                                                
     "An  Act   making  appropriations  for   the  operating                                                                    
     expenses  of  state  government and  certain  programs;                                                                    
     making   capital    appropriations   and   supplemental                                                                    
     appropriations; capitalizing  funds; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
2:31:15 PM                                                                                                                    
                                                                                                                                
NEIL STEININGER, DIRECTOR, OFFICE  OF MANAGEMENT AND BUDGET,                                                                    
OFFICE OF THE GOVERNOR, introduced himself.                                                                                     
                                                                                                                                
MILES BAKER,  INFRASTRUCTURE INVESTMENT  COORDINATOR, OFFICE                                                                    
OF THE GOVERNOR, introduced himself.                                                                                            
                                                                                                                                
Mr.  Steininger   discussed  the  presentation,   "State  of                                                                    
Alaska;    Office    of   the    Governor;    Infrastructure                                                                    
Appropriation  Bill SB241;  Senate Finance  Committee; April                                                                    
6, 2022"  (copy on  file). He highlighted  slide 2,  "SB 241                                                                    
Infrastructure Overview."  He noted  that there  were backup                                                                    
documents posted to  the OMB website that  would be provided                                                                    
to  the   committee.  He  discussed  the   funding  for  the                                                                    
legislation as it was illustrated on the slide.                                                                                 
                                                                                                                                
2:34:15 PM                                                                                                                    
                                                                                                                                
Mr.  Steininger   pointed  to   slide  3,   "Updated  Fiscal                                                                    
Summary."  He  said  that  the  summary  included  both  the                                                                    
appropriations  the  bill  as well  as  all  the  amendments                                                                    
introduced, to date, by  the executive branch. Additionally,                                                                    
adjustments  had been  made to  oil and  gas tax  credits to                                                                    
reflect the  current oil price forecast.  He summarized that                                                                    
with all the  amendments and adjustments the  UGF budget for                                                                    
FY 23  was $4.8 billion,  with an All-Funds budget  of $11.7                                                                    
billion, this  with the  spring forecast  left a  surplus of                                                                    
$2.2 billion in FY 23.  He noted that there were differences                                                                    
in  this  presentations  numbers  versus  the  figures  just                                                                    
presented  by Director  Painter.  This was  because the  LFD                                                                    
presentation  was  based  on  the  Senate  CS  and  the  OMB                                                                    
presentation was based on the governors proposed budget.                                                                        
                                                                                                                                
2:35:32 PM                                                                                                                    
                                                                                                                                
Mr. Baker  addressed slide  4, "Federal  Infrastructure Bill                                                                    
(IIJA/BIL)":                                                                                                                    
                                                                                                                                
     ?Enacted November 15, 2021 (PL 117-58; HR 3684)                                                                            
       -year   reauthorization    of   established   federal                                                                    
     programs and some new programs                                                                                             
     ?Only a portion of "Alaska" funding will come through                                                                      
     the State of Alaska                                                                                                        
     ?Many program details are still pending                                                                                    
     ?Much less discretionary than recent stimulus: CARES,                                                                      
     CRRSA, ARP                                                                                                                 
          oNo "tranches" of unrestricted federal payments                                                                       
          oSpending parameters established by federal                                                                           
          agencies                                                                                                              
     ?Traditional State/Local capital priorities largely                                                                        
     ineligible                                                                                                                 
     ?Funding   flows    by   formula    (apportionment   or                                                                    
     allocation) or grants (competitive and discretionary)                                                                      
          oApproximately 60 percent by formula and 40                                                                           
          percent in grants on a national basis                                                                                 
     ?Local governments, tribes and other entities eligible                                                                     
     for most programs                                                                                                          
                                                                                                                                
Senator  Wilson  asked about  the  sixth  and eighth  bullet                                                                    
points. He  wondered whether the administration  was looking                                                                    
at projects that  would normally be state  funded that could                                                                    
be offset to local entities that receive federal funding.                                                                       
                                                                                                                                
2:39:47 PM                                                                                                                    
                                                                                                                                
Mr.  Baker replied  that because  of the  focused effort  on                                                                    
infrastructure part  of the  process had  been understanding                                                                    
the   federal  bill   and  how   it  ties   in  with   other                                                                    
appropriation  bills that  had  already  been submitted.  He                                                                    
believed that within the next 6  months there needed to be a                                                                    
continued effort to use the best funding sources available.                                                                     
                                                                                                                                
2:41:09 PM                                                                                                                    
                                                                                                                                
Senator Wilson  commented on  the possibility  of offsetting                                                                    
broadband funding.  He thought it  could he helpful  to find                                                                    
other projects that could be offset by federal dollars.                                                                         
                                                                                                                                
2:41:51 PM                                                                                                                    
                                                                                                                                
Senator von Imhof  noted the eighth bullet  points and asked                                                                    
about  audits that  could be  conducted to  assure that  the                                                                    
monies  were being  spent as  intended and  wondered whether                                                                    
they would be conducted by the state or the feds.                                                                               
                                                                                                                                
Mr.  Baker responded  that he  had not  seen any  indication                                                                    
that the federal government would  audit the grants any more                                                                    
than normal. There would be  checks to assure that the state                                                                    
followed the federal highway and  EPA programs. He said that                                                                    
there was  no money specifically  in the bill  for technical                                                                    
assistance for  grantees. He did  not expect that  the state                                                                    
would  be expected  to conduct  audits. He  relayed that  if                                                                    
local   governments   were   seeking  a   rise   grant   for                                                                    
infrastructure projects it would  be their responsibility to                                                                    
meet the requirements.                                                                                                          
                                                                                                                                
Mr. Steininger added that ARPA  and CARES Act funding flowed                                                                    
through the  state to  subgrantees, which  made the  state a                                                                    
responsible party  in the chain.  He noted that  those funds                                                                    
were audited.  He said that  if a state  was not a  party to                                                                    
the grants,  the grantee  applying would  be subject  to the                                                                    
audit.                                                                                                                          
                                                                                                                                
2:44:54 PM                                                                                                                    
                                                                                                                                
Senator Wielechowski  wondered whether SB 241  reflected all                                                                    
the  funds   available  to  the   sate  under   the  federal                                                                    
infrastructure bill.                                                                                                            
                                                                                                                                
2:45:22 PM                                                                                                                    
                                                                                                                                
Mr.  Baker replied  that the  bill  was the  best effort  to                                                                    
appropriate  and  ask  for authority  for  the  funding  the                                                                    
administration knew was coming to the state.                                                                                    
                                                                                                                                
2:46:06 PM                                                                                                                    
                                                                                                                                
Senator Wielechowski referred to Section 17 of the bill:                                                                        
                                                                                                                                
     Sec.  17.   SUPPLEMENTAL  FEDERAL  AND   OTHER  PROGRAM                                                                  
     RECEIPTS.   Federal    receipts   from    P.L.   117-58                                                                    
     (Infrastructure   Investment   and    Jobs   Act)   and                                                                    
     designated  program receipts  under AS  37.05.146(b)(3)                                                                    
     that include  federal receipts received from  P.L. 117-                                                                    
     58 (Infrastructure  Investment and Jobs  Act), received                                                                    
     during the fiscal  year ending June 30,  2022, and that                                                                    
     exceed  the amounts  appropriated by  the Thirty-Second                                                                    
     Alaska State Legislature,  are appropriated conditioned                                                                    
     on compliance with the program  review provisions of AS                                                                    
     37.07.080(h).  For   the  purposes  of   this  section,                                                                    
     "exceed    the     amounts    appropriated"    includes                                                                    
     appropriations for  which no previous  federal receipts                                                                    
     from P.L. 117-58 (Infrastructure Investment and Jobs                                                                       
     Act) have been made.                                                                                                       
                                                                                                                                
Senator  Wielechowski and  assumed  that there  would be  no                                                                    
objection  from the  administration  to  remove the  section                                                                    
from the bill.                                                                                                                  
                                                                                                                                
2:46:39 PM                                                                                                                    
                                                                                                                                
Mr. Baker thought that there  were so many unknown variables                                                                    
that  balance,  and  flexibility   was  necessary,  and  the                                                                    
administration needed to be able  to make decisions when the                                                                    
legislature was not in session.                                                                                                 
                                                                                                                                
2:47:23 PM                                                                                                                    
                                                                                                                                
Mr.  Steininger said  that the  administration would  oppose                                                                    
the removal of Section 17.                                                                                                      
                                                                                                                                
2:48:04 PM                                                                                                                    
                                                                                                                                
Senator Wielechowski commented that  the section would allow                                                                    
the  governor to  go through  a revised  legislative program                                                                    
process,  which meant  that  if  additional federal  funding                                                                    
were received  the governor  would only  have to  advise the                                                                    
Legislative Budget and  Audit Committee of how  he wished to                                                                    
spend  those   funds.  He  thought  that   the  process  was                                                                    
unconstitutional and that  the section should not  be in the                                                                    
bill.                                                                                                                           
                                                                                                                                
2:49:04 PM                                                                                                                    
                                                                                                                                
Senator  von Imhof  requested  clarification  on the  second                                                                    
bullet point  5-year  reauthorization of established federal                                                                    
programs and some new programs.                                                                                                 
                                                                                                                                
2:49:52 PM                                                                                                                    
                                                                                                                                
Mr.  Baker  stressed  that Congress  typically  reauthorized                                                                    
programs   in  5-year   increments  and   all  the   surface                                                                    
transportation and EPA Water and  Sewer programs were up for                                                                    
reauthorization.  He  relayed  that  much of  the  bill  was                                                                    
spending that would have occurred  anyway and had grown into                                                                    
the  infrastructure  bill as  most  of  those programs  were                                                                    
infrastructure  related. Some  new programs  had been  added                                                                    
such   as   broadband    and   electric   vehicle   charging                                                                    
infrastructure, critical  minerals, rare earth  elements and                                                                    
clean energy technologies.                                                                                                      
                                                                                                                                
2:50:35 PM                                                                                                                    
                                                                                                                                
Senator  von Imhof  asked whether  the 5-year  authorization                                                                    
for federal programs meant that the programs were funded.                                                                       
                                                                                                                                
2:50:48 PM                                                                                                                    
                                                                                                                                
Mr. Baker stated that  traditionally the authorizations were                                                                    
done separately,  and Congress would appropriate  yearly. In                                                                    
the  case  of   this  legislation  all  5   years  had  been                                                                    
appropriated, with some exceptions.                                                                                             
                                                                                                                                
2:51:55 PM                                                                                                                    
                                                                                                                                
Senator  von Imhof  surmised that  the bill  created forward                                                                    
funding  of   federal  dollars.   She  wondered   about  the                                                                    
difference  between state  and federal  forward funding  and                                                                    
noted  that  the  governor  had  sued  the  legislature  for                                                                    
forward   funding    education.   She    requested   further                                                                    
clarification from legislative legal.                                                                                           
                                                                                                                                
2:52:31 PM                                                                                                                    
                                                                                                                                
Mr. Baker responded  that the bill did not  forward fund. He                                                                    
said that  in some cases  grants would be given  upfront. He                                                                    
suggested some ways that it  could be perceived that forward                                                                    
funding was occurring.                                                                                                          
                                                                                                                                
2:53:15 PM                                                                                                                    
                                                                                                                                
Mr. Steininger furthered that the  bill did not forward fund                                                                    
any future  appropriations. He said any  forward funding was                                                                    
at the  federal level  where the  rules were  different from                                                                    
the state level.                                                                                                                
                                                                                                                                
2:53:48 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  commented  that   the  process  was  just                                                                    
beginning.  He  did  not  think that  the  bill  would  gain                                                                    
traction and that the projects  contained in the legislation                                                                    
would likely  be handled  in other  vehicles. He  hoped that                                                                    
the  issue  could  be handled  in  the  regular  legislative                                                                    
session  and  hoped  that  the  administration  would  avoid                                                                    
calling   any  special   sessions.  He   spoke  to   Senator                                                                    
Wielechowskis  concerns  about Section 17 and  noted that in                                                                    
the  previous year  the legislature  had  complied with  the                                                                    
governors  requests only  to have the governor  veto his own                                                                    
solicitations.                                                                                                                  
                                                                                                                                
2:56:40 PM                                                                                                                    
                                                                                                                                
Mr. Baker  pointed to slide 5,  "Federal Infrastructure Bill                                                                    
(IIJA/BIL)":                                                                                                                    
                                                                                                                                
     Transportation                                                                                                             
     ?Roads, bridges, airports, ports and waterways, rail,                                                                      
     public transit, electric vehicles (EV), and safety                                                                         
     programs                                                                                                                   
                                                                                                                                
     Other Infrastructure                                                                                                       
     ?Energy, power grid, broadband, water, resiliency, and                                                                     
     environmental remediation                                                                                                  
                                                                                                                              
     Federal Infrastructure Bill:                                                                                             
     $973 billion over 5 years                                                                                                  
     $423 billion in base spending                                                                                              
     $550 billion in new spending                                                                                               
     $284 billion for transportation                                                                                            
     $266 billion for other infrastructure                                                                                      
                                                                                                                                
2:57:35 PM                                                                                                                    
                                                                                                                                
Senator Wilson asked whether a  portion of the funding would                                                                    
go to the Alaska Railroad Corporation.                                                                                          
                                                                                                                                
Mr. Baker replied in the  affirmative. He furthered that the                                                                    
funding  was  mostly  an increase  in  the  federal  transit                                                                    
administration   formula  dollars,   which  were   based  on                                                                    
passenger numbers.                                                                                                              
                                                                                                                                
2:58:33 PM                                                                                                                    
                                                                                                                                
Mr.  Baker  looked  at  slide   6,  "SB  241  Infrastructure                                                                    
Development":                                                                                                                   
                                                                                                                                
     Key Principals:                                                                                                            
     ?Include identifiable funding coming in FY22 or FY23                                                                       
     ?Identify coordination and implementation needs                                                                            
     ?Maintain pressure on UGF spending                                                                                         
     ?Provide Local Government and Tribal Support                                                                               
     ?Maintain tight nexus to programs in federal                                                                               
     legislation                                                                                                                
     ?Pursue significant competitive opportunities for                                                                          
     which Alaska is uniquely positioned                                                                                        
                                                                                                                                
3:00:24 PM                                                                                                                    
                                                                                                                                
Co-Chair  Bishop  queried the  baseline  UGF  match for  the                                                                    
programs in the bill.                                                                                                           
                                                                                                                                
Mr. Baker replied $50.8 million.                                                                                                
                                                                                                                                
3:00:51 PM                                                                                                                    
                                                                                                                                
Co-Chair Bishop asked about unknown  elements of the federal                                                                    
funding. He thought $50 million might not be enough.                                                                            
                                                                                                                                
Senator  Wielechowski  asked  whether  there  was  a  simple                                                                    
document that  could be distributed  that defined  where the                                                                    
federal funds could be spent.                                                                                                   
                                                                                                                                
3:02:19 PM                                                                                                                    
                                                                                                                                
Mr.  Baker replied  that  the information  was  on the  next                                                                    
slide.                                                                                                                          
                                                                                                                                
3:02:42 PM                                                                                                                    
                                                                                                                                
Senator  Hoffman asked  about  local  government and  tribal                                                                    
support.  He wondered  what  support team  was  in place  to                                                                    
provide support for the over 500 tribes in the state.                                                                           
                                                                                                                                
Mr. Baker replied that the  situation was evolving and there                                                                    
was a request for money to expand the effort.                                                                                   
                                                                                                                                
3:04:14 PM                                                                                                                    
                                                                                                                                
Senator  Hoffman thought  that  the work  to support  tribal                                                                    
entities   would  be   significant   and   hoped  that   the                                                                    
administration understood the immensity of the undertaking.                                                                     
                                                                                                                                
3:04:26 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman echoed Senator  Hoffmans  concern. He added                                                                    
that he hoped  for clear definition between  the branches of                                                                    
government  pertaining   to  what   the  executive   did  in                                                                    
execution  and what  the legislative  did  in oversight.  He                                                                    
believed  it  was in  the  states   best interest  that  the                                                                    
branches  of government  worked as  a team  to maximize  the                                                                    
utilization of the federal funds.                                                                                               
                                                                                                                                
3:06:16 PM                                                                                                                    
                                                                                                                                
Co-Chair  Bishop   asked  whether  the   administration  was                                                                    
prepared to come back on  Monday with a draft organizational                                                                    
chart.                                                                                                                          
                                                                                                                                
3:06:41 PM                                                                                                                    
                                                                                                                                
Mr. Baker  replied that nothing  had been solidified  as far                                                                    
as  administrative  support.  He  expressed  willingness  to                                                                    
continue the conversation.                                                                                                      
                                                                                                                                
3:07:18 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman stressed that  space in the Atwood Building                                                                    
in Anchorage could  be utilized to house  the support staff,                                                                    
which he believed needed to be more than 3 people.                                                                              
                                                                                                                                
3:07:59 PM                                                                                                                    
                                                                                                                                
Senator  Wielechowski  wondered  how  much  flexibility  was                                                                    
allowed  in the  appropriations and  how much  authority was                                                                    
available  to the  legislature. He  thought a  document that                                                                    
detailed the parameters could be helpful.                                                                                       
                                                                                                                                
Mr. Steininger  thought that it  was important to  note that                                                                    
there  was  not  a  large amount  of  discretionary  funding                                                                    
coming, so everything  on the list in the  bill was directed                                                                    
by  the federal  government. The  funds could  not be  moved                                                                    
around, and  the administration  did not have  discretion as                                                                    
to where  the funds would  go. He  said that there  was more                                                                    
flexibility within the surface transportation program.                                                                          
                                                                                                                                
3:10:34 PM                                                                                                                    
                                                                                                                                
Senator  Wielechowski  asked  whether that  applied  to  the                                                                    
entire bill.  He understood that  the appropriations  in the                                                                    
bill could not be changed.                                                                                                      
                                                                                                                                
3:11:05 PM                                                                                                                    
                                                                                                                                
Mr. Baker cited the   Governors  Infrastructure Bill Summary                                                                    
(SB 241/HB  414   (copy  on file). He  stated that  the only                                                                    
difference  for  lines 1  through  10  from previous  budget                                                                    
                               th                                                                                               
requests submitted December  15  of every year  was that the                                                                    
bill provided  supplemental funding  in FY 22  and increased                                                                    
funding in FY 23 from  what was submitted in December. Lines                                                                    
12 through  16 contained  small UGF augmentations.  He noted                                                                    
that  the federal  earmarks  were  federally determined.  He                                                                    
said  that lines  21  through 23  were  subjective and  that                                                                    
based on  conversation at the  table would continue to  be a                                                                    
focus.  He stated  that the  last four  lines were  the most                                                                    
subjected and were  four areas where the  state was uniquely                                                                    
positioned to compete for large  amounts of federal dollars.                                                                    
He said  that proposal  in the  bill was  for seed  money to                                                                    
craft  competitive   applications  for   anticipated  future                                                                    
funding  opportunities  expected  in  the  second  or  third                                                                    
quarter of 2022.                                                                                                                
                                                                                                                                
3:13:18 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  believed  that   money  going  to  Tribal                                                                    
entities should  be considered. He thought  possible overlap                                                                    
should be  identified. He added  that broadband was  a prime                                                                    
area where duplicate efforts could be an issue.                                                                                 
                                                                                                                                
3:14:24 PM                                                                                                                    
                                                                                                                                
Senator von  Imhof was pleased  to see the $5,480.0  for the                                                                    
State Infrastructure  Planning and Coordination  (Slide 15).                                                                    
She hoped  that there was  a plan  for the funding  and that                                                                    
all  comprehensive guidance  was  provided by  the state  to                                                                    
stakeholders.   She  hoped   that   some   of  the   Surface                                                                    
Transportation funding could be  spent to improve particular                                                                    
trails in the state.                                                                                                            
                                                                                                                                
3:16:37 PM                                                                                                                    
                                                                                                                                
Co-Chair Bishop  understood that Senator  Sullivan supported                                                                    
the  National Trails  Program in  the highways  bill on  the                                                                    
federal level.                                                                                                                  
                                                                                                                                
3:16:53 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  voiced his concern  that DOT  funding would                                                                    
not be spent equitably across the state.                                                                                        
                                                                                                                                
3:17:47 PM                                                                                                                    
Co-Chair Bishop  felt that there  was a common theme  at the                                                                    
table, which was to work  with all entities and stakeholders                                                                    
to capture  and maximize  every federal dollar  possible for                                                                    
the state.  He noted that  DOT consistently worked  to bring                                                                    
in above and  beyond the expected number  of federal dollars                                                                    
to the state.                                                                                                                   
                                                                                                                                
3:19:58 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman requested  an infrastructure  list divided                                                                    
by DOT region across the state.                                                                                                 
                                                                                                                                
3:20:19 PM                                                                                                                    
                                                                                                                                
Co-Chair  Bishop  noted  that the  Statewide  Transportation                                                                    
Improvement Program (STIP) might  have the projects included                                                                    
by house districts.                                                                                                             
                                                                                                                                
Co-Chair Bishop discussed housekeeping.                                                                                         
                                                                                                                                
SB  241  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 241 22.04.06 Attachment 1 - Infrastructure Bill Summary.pdf SFIN 4/6/2022 1:00:00 PM
SB 241
SB 241 22.04.06 Attachment 2 - DOTPF Airport Improvement Program Details.pdf SFIN 4/6/2022 1:00:00 PM
SB 241
SB 241 22.04.06 Attachment 3 - DOTPF Surface Transportation Program Details.pdf SFIN 4/6/2022 1:00:00 PM
SB 241
SB 241 22.04.06 GOV Infrastructure Bill SFIN FINAL.pdf SFIN 4/6/2022 1:00:00 PM
SB 241
SB 162 Handout - FY23 Increments Restoring Decrements or Vetoes.pdf SFIN 4/6/2022 1:00:00 PM
SB 162
SB 162 LFD Presentation- SFIN Operating CS 4-6-22.pdf SFIN 4/6/2022 1:00:00 PM
SB 162
SB 162 LFD Spreadsheet Packet 040622.pdf SFIN 4/6/2022 1:00:00 PM
SB 162
SB 162 Work Draft version W.pdf SFIN 4/6/2022 1:00:00 PM
SB 162
SB 163 Work Draft version G.pdf SFIN 4/6/2022 1:00:00 PM
SB 163
SB 162 FY23 CS 1 Language Explanation.pdf SFIN 4/6/2022 1:00:00 PM
SB 162