Legislature(2021 - 2022)SENATE FINANCE 532

04/27/2022 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 28 REGISTRATION OF BOATS: EXEMPTION TELECONFERENCED
Heard & Held
-- Invited & Public Testimony <Time Limit May
Be Set> --
+ HB 79 SALTWATER SPORTFISHING OPERATORS/GUIDES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony <Time Limit May
Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 243 RAISE POWER COST EQUALIZATION TELECONFERENCED
Moved CSSB 243(FIN) Out of Committee
SENATE BILL NO. 243                                                                                                           
                                                                                                                                
     "An Act relating to power cost equalization; and                                                                           
     providing for an effective date."                                                                                          
                                                                                                                                
9:08:42 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop relayed  that it was the  second hearing for                                                                    
SB  243,  and  the  committee  would  consider  a  Committee                                                                    
Substitute (CS),  cover fiscal notes,  and look to  the will                                                                    
of the committee.                                                                                                               
                                                                                                                                
Senator Hoffman MOVED to ADOPT proposed committee                                                                               
substitute for SB 243, Work Draft 32-LS1573\I (Klein,                                                                           
4/26/22).                                                                                                                       
                                                                                                                                
9:09:21 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:09:58 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Bishop OBJECTED for discussion.                                                                                        
                                                                                                                                
9:10:11 AM                                                                                                                    
                                                                                                                                
ERIN SHINE, STAFF, SENATOR CLICK BISHOP, discussed an                                                                           
Explanation of Changes document (copy on file):                                                                                 
                                                                                                                                
     Version 32-LS1573\B to 32- LS1573\I                                                                                        
     New Section 1                                                                                                              
                                                                                                                                
     Page 1, line 4  Page 2, line 6                                                                                             
     Adds   a  new   section   to  the   bill  amending   AS                                                                    
     42.45.080(a)(2)  to  remove  the four  percent  nominal                                                                    
     target  return   when  investing  of  the   Power  Cost                                                                    
     Equalization Endowment Fund  and replaces the investing                                                                    
     guidance  for the  commissioner  of  the Department  of                                                                    
     Revenue with the prudent-investor rule.                                                                                    
                                                                                                                                
Ms. Shine  explained that  the new  language had  been taken                                                                    
from the  investment responsibilities  for the board  of the                                                                    
Permanent Fund, which could be found in AS 37.13.120 (a).                                                                       
                                                                                                                                
Co-Chair Stedman  asked if the committee  could discuss what                                                                    
was  being  replaced by  the  change,  including the  target                                                                    
return.                                                                                                                         
                                                                                                                                
Ms. Shine  stated that currently  in statute the  Power Cost                                                                    
Equalization  Fund  (PCE)  Endowment  Fund  had  a  targeted                                                                    
return of four percent. The  CS proposed to replace the four                                                                    
percent target  with the Prudent Investor  Rule, outlined on                                                                    
page 1,  line 10 of the  bill. She offered to  read the text                                                                    
aloud.                                                                                                                          
                                                                                                                                
Co-Chair  Stedman  thought  it  was important  to  read  the                                                                    
passage.  He referenced  the "Prudent  Man Rule,   which had                                                                    
evolved into the Prudent Investor Rule.                                                                                         
                                                                                                                                
Ms. Shine read from Section 1 of the bill:                                                                                      
                                                                                                                                
     the  "prudent-investor rule"  as applied  to investment                                                                    
     activity of the fund  means exercising the judgment and                                                                    
     care under  the circumstances  then prevailing  that an                                                                    
     institutional    investor    of   ordinary    prudence,                                                                    
     discretion,   and   intelligence   exercises   in   the                                                                    
     designation   and  management   of  large   investments                                                                    
     entrusted to it,  not in regard to  speculation, but in                                                                    
     regard   to  the   permanent   disposition  of   funds,                                                                    
     considering  preservation of  the  purchasing power  of                                                                    
     the fund over time  while maximizing the expected total                                                                    
     return  from  both  income   and  the  appreciation  of                                                                    
     capital                                                                                                                    
                                                                                                                                
Co-Chair Stedman thought  further explanation was warranted.                                                                    
He  thought that  the current  four percent  targeted return                                                                    
was  not applicable  to an  endowment  style portfolio,  and                                                                    
that the PCE  Endowment Fund should be  managed similarly to                                                                    
the Permanent  Fund in perpetuity.  He discussed  the growth                                                                    
of the principal  after inflation, and asserted  that a four                                                                    
percent target rate was too  low. He supported the change to                                                                    
the bill.                                                                                                                       
                                                                                                                                
9:14:10 AM                                                                                                                    
                                                                                                                                
Senator Wielechowski asked if the  proposed CS would lead to                                                                    
a higher rate of return.                                                                                                        
                                                                                                                                
Ms. Shine answered affirmatively,  if the PCE Endowment Fund                                                                    
was invested  as the Permanent  Fund, which was  had current                                                                    
targeted  returns   6.2  percent.  She  expanded   that  the                                                                    
proposed change to  the bill would likely  result in greater                                                                    
returns.                                                                                                                        
                                                                                                                                
Senator  Wielechowski  asked  how  the returns  on  the  PCE                                                                    
Endowment Fund had compared to  the returns on the Permanent                                                                    
Fund or the Alaska Retirement Management (ARM) Board.                                                                           
                                                                                                                                
Ms. Shine did not have  the information at hand, and offered                                                                    
to provide the  information at a later time.  She cited that                                                                    
in years past the fund  had targeted the four percent return                                                                    
in statute and  there were potentially monies  that the fund                                                                    
was not receiving.                                                                                                              
                                                                                                                                
9:15:44 AM                                                                                                                    
                                                                                                                                
CURTIS THAYER, EXECUTIVE  DIRECTOR, ALASKA ENERGY AUTHORITY,                                                                    
DEPARTMENT OF  COMMERCE, COMMUNITY AND  ECONOMIC DEVELOPMENT                                                                    
(via  teleconference), considered  the five-year  average of                                                                    
the PCE  Endowment Fund, and  cited returns of  $150 million                                                                    
in the  current year and  $48 million the previous  year. He                                                                    
acknowledged  the  fluctuation  in returns  and  highlighted                                                                    
that it was partly due  to the Department of Revenue's (DOR)                                                                    
management   of  the   fund,   which   had  been   extremely                                                                    
conservative one  year and had  only yielded $48  million in                                                                    
returns.                                                                                                                        
                                                                                                                                
Senator  Wielechowski  wondered  if anyone  from  DOR  could                                                                    
comment  on  how  the  bill   might  change  the  investment                                                                    
philosophy.                                                                                                                     
                                                                                                                                
Co-Chair  Bishop relayed  that  there was  no  one from  the                                                                    
department available at the present time.                                                                                       
                                                                                                                                
Senator  Wilson  commented  that  the  department  had  been                                                                    
managing to  the four percent  return that was  currently in                                                                    
statute,  and he  had felt  that removing  the four  percent                                                                    
would  encourage the  department  to work  towards a  higher                                                                    
return.                                                                                                                         
                                                                                                                                
Senator von Imhof guessed that  the investment would be less                                                                    
bonds  and more  equities  to rebalance  the portfolio.  She                                                                    
knew that equities were associated  with greater returns but                                                                    
higher  volatility.  She  emphasized  that  greater  returns                                                                    
meant greater  risk. She mentioned inflation.  She mentioned                                                                    
the  goal of  returns being  over inflation  over time.  She                                                                    
wanted to  confirm that  the PCE Endowment  Fund had  a five                                                                    
percent draw, like  the percent of market  value (POMV) draw                                                                    
from the Permanent Fund, and  had a five-year lookback based                                                                    
on the draw.                                                                                                                    
                                                                                                                                
Mr.  Thayer answered  in the  affirmative.  He cited  annual                                                                    
returns of  $112 million in  2017, $76 million in  2018, $74                                                                    
million in  2019, $48 million  in 2020, and $150  million in                                                                    
2021.                                                                                                                           
                                                                                                                                
Co-Chair Stedman  thought there  was a three-year  look back                                                                    
rather than five years, which  was more volatile. He thought                                                                    
the smoothing mechanism made the draw more predictable.                                                                         
                                                                                                                                
Ms. Shine agreed  that the POMV from the  PCE Endowment Fund                                                                    
had a three-year lookback and a five percent draw.                                                                              
                                                                                                                                
9:19:57 AM                                                                                                                    
                                                                                                                                
Co-Chair  Bishop  WITHDREW  his OBJECTION.  There  being  NO                                                                    
further OBJECTION, it was so ordered.  The CS for SB 243 was                                                                    
ADOPTED.                                                                                                                        
                                                                                                                                
Co-Chair  Bishop  addressed  a  new  fiscal  note  from  the                                                                    
Department of  Commerce, Community and  Economic Development                                                                    
(DCCED),  OMB  Component 2602.  The  fiscal  note showed  an                                                                    
appropriation  for  the  Alaska Energy  Authority  with  $15                                                                    
million in  Designated General  Funds (DGF)  in FY  23, with                                                                    
the same amount in the out years until FY 28.                                                                                   
                                                                                                                                
Senator  Hoffman  MOVED  to  report  CSSB  243(FIN)  out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note. There  being NO further OBJECTION,                                                                    
it was so ordered.                                                                                                              
                                                                                                                                
Senator von Imhof  asked if there had  been public testimony                                                                    
on the bill.                                                                                                                    
                                                                                                                                
Co-Chair Bishop answered "yes."                                                                                                 
                                                                                                                                
CSSB 243(FIN)  was REPORTED  out of  committee with  six "do                                                                    
pass"  recommendations and  one "amend"  recommendation, and                                                                    
with  one new  fiscal  impact note  from  the Department  of                                                                    
Commerce, Community and Economic Development.                                                                                   
                                                                                                                                
9:21:37 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:24:46 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 28 Research - Commercial Fishing Vessel Licensing Overview - CFEC 3.21.21.pdf SFIN 4/27/2022 9:00:00 AM
SRES 2/7/2022 3:30:00 PM
HB 28
HB 28 Research - DMV Registration FAQ 2019.pdf HFSH 3/30/2021 10:00:00 AM
SFIN 4/27/2022 9:00:00 AM
SRES 2/7/2022 3:30:00 PM
HB 28
HB 28 Research - Summary of Vessel Registration Requirements - Representative Tarr 5.7.21.pdf SFIN 4/27/2022 9:00:00 AM
SRES 2/7/2022 3:30:00 PM
HB 28
HB 28 Research - USCG Documentation and Tonnage Brochure - USCG 1.20.15.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 28 Testimony Received as of 4.2.21.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 28 support Homer Reso 22-025 Signed.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 28 Sponsor Statement Version G 2.22.22.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 28 Sectional Analysis - Version G 2.22.22.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 79 Transmittal Letter 1.28.21.pdf HFSH 2/23/2021 10:00:00 AM
SFIN 4/27/2022 9:00:00 AM
HB 79
HB79 Sectional Analysis ver. G 3.24.22.pdf SFIN 4/27/2022 9:00:00 AM
HB 79
HB79 Transmittal Letter 1.28.21.pdf SFIN 4/27/2022 9:00:00 AM
HB 79
HB79 Explanation of Changes ver. A to G 3.24.2022.pdf SFIN 4/27/2022 9:00:00 AM
HB 79
HB 28 Research - Info from Legislative Finance - Bell 032421.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 28 AAHPA Resolution 2019-2.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 28 Email andHB 28 Resolution in Support - Alaska Association of Harbormasters and Port Administrators 4.26.21.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 28 Senate Finance Hearing Follow-up Information 5.4.22.pdf SFIN 4/27/2022 9:00:00 AM
HB 28
HB 79 Support Doc - Guide License Distribution by Region 5.3.22.pdf SFIN 4/27/2022 9:00:00 AM
HB 79