Legislature(2023 - 2024)SENATE FINANCE 532

04/18/2023 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 54 APPROP: SUPPLEMENTAL; REAPPROP; AMENDING TELECONFERENCED
<Pending Referral>
<Bill Hearing Canceled>
+= SB 54 APPROP: SUPPLEMENTAL; REAPPROP; AMENDING TELECONFERENCED
Heard & Held
Overview by Neil Steininger, Director, Office of
Management and Budget
+= SB 41 APPROP: CAPITAL/SUPPLEMENTAL TELECONFERENCED
Heard & Held
Overview by Neil Steininger, Director, Office of
Management and Budget
+= SB 29 CIVICS EDUCATION; EST AK CVCS ED COMM TELECONFERENCED
Moved CSSB 29(FIN) Out of Committee
+= SB 87 LUMBER GRADING PROGRAM TELECONFERENCED
Moved SB 87 Out of Committee
+= SB 104 CIVIL LEGAL SERVICES FUND TELECONFERENCED
Moved SB 104 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 107 PERMANENT FUND DIVIDEND; POMV SPLIT TELECONFERENCED
Heard & Held
SENATE BILL NO. 107                                                                                                           
                                                                                                                                
     "An  Act   relating  to  the  Alaska   permanent  fund;                                                                    
     relating  to  income  of  the  Alaska  permanent  fund;                                                                    
     relating to the amount  available for appropriation and                                                                    
     appropriations  from  the   earnings  reserve  account;                                                                    
     relating to the permanent  fund dividend; and providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
10:24:45 AM                                                                                                                   
                                                                                                                                
KEN  ALPER,  STAFF,  SENATOR   DONNY  OLSON,  discussed  the                                                                    
presentation,  "Senate Bill  107, How  We Got  Here: Use  of                                                                    
Savings to Balance the Budget  Permanent Fund, CBRF, and the                                                                    
POMV" (copy on file).                                                                                                           
                                                                                                                                
10:25:47 AM                                                                                                                   
                                                                                                                                
Mr.  Alper addressed  slide 2,  "The  Permanent Fund,  1977-                                                                    
2017":                                                                                                                          
                                                                                                                                
     • For 40  years, the Permanent Fund mostly  grew in the                                                                    
     background and  was not used for  general government in                                                                    
     any way                                                                                                                    
     • Half of statutory  earnings, defined by formula, were                                                                    
     distributed as dividends                                                                                                   
     • The "other  half" could have been used  by the state,                                                                    
     but was left in the fund                                                                                                   
        Therefore,  the  fund now  includes  the  compounded                                                                    
     earnings on the state's "half" that was not used                                                                           
                                                                                                                                
10:26:32 AM                                                                                                                   
                                                                                                                                
Mr. Alper pointed to slide 3, "The Permanent Fund, 1977-                                                                        
2017":                                                                                                                          
                                                                                                                                
     • What would it have been used for?                                                                                        
          o Additional state spending                                                                                           
          o Larger PFDs                                                                                                         
          o Lower oil taxes                                                                                                     
          o Invested separately in another savings fund                                                                         
     •  2016-2017  Dividend  Reduced from  formula  by  veto                                                                    
     (2016) or budget action (2017)                                                                                             
     • 2018 Passage of SB26,  with a sustainable "percent of                                                                    
     market value"  draw tied to  a five-year  lookback fund                                                                    
     value                                                                                                                      
                                                                                                                                
10:28:13 AM                                                                                                                   
                                                                                                                                
Mr. Alper discussed slide 4, "Constitutional Budget Reserve                                                                     
History":                                                                                                                       
                                                                                                                                
     • 1977-1990:  Multiple lawsuits  between state  and oil                                                                    
     industry    regarding    pipeline   tariffs,    royalty                                                                    
     valuation, and petroleum taxes                                                                                             
     • 1990: As these cases  were settling, Art. IX, Sec. 17                                                                    
     passed as a  place to hold settlement  funds apart from                                                                    
     general revenue                                                                                                            
     o Two methods  to draw funds: by simple  majority or by                                                                    
     supermajority                                                                                                              
     •  1994,  Hickel  v.  Halford,  Supreme  Court  greatly                                                                    
     limited  possibility for  simple majority  draw, making                                                                    
     the "¾ vote" necessary in almost all cases                                                                                 
     •  1994-2005, annual  budget  balancing draws  totaling                                                                    
     $5.5 billion                                                                                                               
     •  2006-2010, budget  surpluses were  used to  pay back                                                                    
     full amount                                                                                                                
     •  2011-2013, no  CBRF  draws;  budget surpluses  saved                                                                    
     elsewhere                                                                                                                  
     • 2014-2017, draws totaling about $11 billion                                                                              
                                                                                                                                
10:30:10 AM                                                                                                                   
                                                                                                                                
Mr. Alper displayed slide 5, "Constitutional Budget Reserve                                                                     
History":                                                                                                                       
                                                                                                                                
     • 2018-2021, ongoing concern of balance hitting zero                                                                       
     • 2022-2023, small repayments due to:                                                                                      
          o Failure of "reverse sweep"                                                                                          
          o FY22 surplus after spring '22 price spike                                                                           
          o Veto of SBR deposit passed last session                                                                             
                                                                                                                                
10:31:55 AM                                                                                                                   
                                                                                                                                
Mr. Alper pointed to slide 6, "POMV, Dividends, and Year                                                                        
End Balances 2018-2028."                                                                                                        
                                                                                                                                
10:34:31 AM                                                                                                                   
                                                                                                                                
Mr. Alper addressed slide 7, "What If the Senate Version of                                                                     
SB26 Had Passed?"                                                                                                               
                                                                                                                                
     • (The House version  had similar provisions, including                                                                    
     a 67/33  POMV split, although  all were removed  by the                                                                    
     conference committee)                                                                                                      
     • 75/25 Split                                                                                                              
     •  If  certain oil  revenue  (production  tax plus  UGF                                                                    
     portion  of  royalty)  exceeds $1.2  billion,  POMV  is                                                                    
     reduced dollar for dollar by the amount over that                                                                          
          o The reduction comes from the GF portion, not                                                                        
          the dividend portion                                                                                                  
     • When  the ERA exceeds  four times the  current year's                                                                    
     POMV,  the  amount in  excess  of  this sweeps  to  the                                                                    
     principal (replaces inflation proofing)                                                                                    
          o Internal to the fund, so does not impact this                                                                       
          analysis                                                                                                              
     •  Appropriation  cap  of $4.1  billion,  plus  capital                                                                    
     budget and PFD, less  debt service, plus inflation from                                                                    
     7/1/16                                                                                                                     
                                                                                                                                
10:36:45 AM                                                                                                                   
                                                                                                                                
Mr. Alper pointed to slide 8, "What If the Senate Version                                                                       
of SB26 Had Passed?"                                                                                                            
                                                                                                                                
     And then:                                                                                                                  
     • How would budgets have changed?                                                                                          
     • Future POMV adjustments due to claw back                                                                                 
     • Etc.                                                                                                                     
                                                                                                                                
10:39:16 AM                                                                                                                   
                                                                                                                                
Mr. Alper discussed slide 9, "What CSSB107(FIN)\Y Does":                                                                        
                                                                                                                                
     • Establishes the 75/25 Split (25 percent of POMV to                                                                       
     dividends)                                                                                                                 
     • Sets a "trigger" by which the split increases to                                                                         
     50/50 (50 percent of the POMV to dividends):                                                                               
          o  If,   in  any   year  starting  in   2026,  the                                                                    
          legislature passes  at least  $900 million  in new                                                                    
          revenue, the POMV split increases to 50/50                                                                            
          o Must be new,  annually recurring revenue, versus                                                                    
          what was in statute as  the law read on January 1,                                                                    
          2023                                                                                                                  
          o  The condition  must be  agreed to  by both  the                                                                    
          Commissioner  of  Revenue   and  the  Director  of                                                                    
          Legislative Finance                                                                                                   
          o If  this doesn't  happen by 2037,  the condition                                                                    
          expires and the 75/25 remains                                                                                         
                                                                                                                                
10:40:39 AM                                                                                                                   
                                                                                                                                
Mr. Alper pointed to slide 10, "Potential additional                                                                            
amendments to the POMV":                                                                                                        
                                                                                                                                
     • Modify the "trigger" (for the switch from 75/25 to                                                                       
     50/50)                                                                                                                     
          o Different revenue amount than $900 million                                                                          
          o Add  multiple "steps"  of new revenue  where the                                                                    
          POMV split would change gradually                                                                                     
     • Add additional "triggers"                                                                                                
     o Minimum savings amount                                                                                                   
          o Condition to passing some other legislation                                                                         
     • Add additional pieces from SB26                                                                                          
          o    lawback"  /  volatility piece  (POMV  reduced                                                                    
          when oil revenue is high)                                                                                             
          o Automatic  sweep from ERA to  Principal when ERA                                                                    
          hits certain size                                                                                                     
                                                                                                                                
10:42:06 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:43:03 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
10:43:03 AM                                                                                                                   
                                                                                                                                
PETE ECKLUND, STAFF, SENATOR BERT STEDMAN, looked at the                                                                        
presentation, "Historical Capital Budgets" (copy on file).                                                                      
He looked at slide 1.                                                                                                           
                                                                                                                                
Mr.  Ecklund discussed  slide  2. He  noted  that the  slide                                                                    
showed some of the deferred  maintenance needs in the state,                                                                    
and school major maintenance needs.                                                                                             
                                                                                                                                
10:45:36 AM                                                                                                                   
                                                                                                                                
Mr. Ecklund pointed  to slide 3. He remarked  that the slide                                                                    
was from the  Office and Management and  Budget (OMB), which                                                                    
addressed preventative maintenance.                                                                                             
                                                                                                                                
Mr. Ecklund looked at slide 4.  He stated that the slide was                                                                    
drafted by Senator Bishop.                                                                                                      
                                                                                                                                
Senator Bishop stated  that the slide showed  that the slide                                                                    
would  slowly address  the issue,  because  it adjusted  for                                                                    
inflation as related to deferred maintenance .                                                                                  
                                                                                                                                
Mr.  Ecklund pointed  to slide  5. He  noted that  the slide                                                                    
pointed to the modeling assumptions.                                                                                            
                                                                                                                                
Mr. Ecklund pointed  to slide 6. He remarked  that the slide                                                                    
was built into the assumption for education.                                                                                    
                                                                                                                                
Mr.  Ecklund discussed  slide  7. He  noted  that the  slide                                                                    
showed the  assumptions, which were similar  to other budget                                                                    
items throughout the session.                                                                                                   
                                                                                                                                
10:50:32 AM                                                                                                                   
                                                                                                                                
Mr.  Ecklund pointed  to slide  8. He  noted that  the slide                                                                    
showed  what  was  needed  in  revenue to  get  to  a  50/50                                                                    
dividend.                                                                                                                       
                                                                                                                                
Mr.   Ecklund   displayed   slide  9,   which   showed   the                                                                    
probabilistic modeling.                                                                                                         
                                                                                                                                
Co-Chair Olson noted the CBR probability.                                                                                       
                                                                                                                                
Mr. Ecklund agreed                                                                                                              
                                                                                                                                
Mr.  Ecklund  addressed  slide 10,  which  showed  that  the                                                                    
reduction in  the budget  would reflect  the history  of the                                                                    
budgets.                                                                                                                        
                                                                                                                                
10:56:09 AM                                                                                                                   
                                                                                                                                
Co-Chair Olson looked at slide 6, and wondered whether the                                                                      
supplemental budget was slated at $50 million per year.                                                                         
                                                                                                                                
Mr. Ecklund replied in the affirmative.                                                                                         
                                                                                                                                
Co-Chair Olson felt that assumption was low for the                                                                             
supplemental budget.                                                                                                            
                                                                                                                                
SB 107 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Olson discussed the following meeting's agenda.                                                                        
                                                                                                                                

Document Name Date/Time Subjects
SB 54 FY2023_Cap_Supp_Summary_Spreadsheet_4-17-23.pdf SFIN 4/18/2023 9:00:00 AM
SB 54
SB 54 FY23CapSuppBackup.pdf SFIN 4/18/2023 9:00:00 AM
SB 54
SB 54 FY23OpSuppBackup.pdf SFIN 4/18/2023 9:00:00 AM
SB 54
SB 54 FY2023_Op_Supp_Summary_Spreadsheet_4-17-23.pdf SFIN 4/18/2023 9:00:00 AM
SB 54
SB 54 23.04.18 OMB Supplemental Budget Overview SFIN.pdf SFIN 4/18/2023 9:00:00 AM
SB 54
SB 104 DCCED DCRA 041523.pdf SFIN 4/18/2023 9:00:00 AM
SB 104
SB 29 Version R Summary of Changes.pdf HEDC 4/26/2024 8:00:00 AM
SFIN 4/18/2023 9:00:00 AM
SB 29
SB 29 work draft version R.pdf HEDC 4/26/2024 8:00:00 AM
SFIN 4/18/2023 9:00:00 AM
SB 29