Legislature(2009 - 2010)SENATE FINANCE 532

01/28/2010 09:00 AM Senate FINANCE


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09:06:36 AM Start
09:07:03 AM Fy 2011 Budget Overview & Fiscal Summary
10:17:47 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ FY2011 Budget Overview & Fiscal Summary TELECONFERENCED
Office of Management & Budget, Director
Karen Rehfeld
Legislative Finance Division, Director
David Teal
                 SENATE FINANCE COMMITTEE                                                                                       
                     January 28, 2010                                                                                           
                         9:06 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:06:36 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Stedman   called  the  Senate   Finance  Committee                                                                    
meeting to order at 9:06 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Charlie Huggins, Vice-Chair                                                                                             
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator John Coghill                                                                                                            
David Teal, Director, Legislative Finance Division                                                                              
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
None                                                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
^FY 2011 BUDGET OVERVIEW & FISCAL SUMMARY                                                                                       
PRESENTATION: LEGISLATIVE FINANCE DIVISION                                                                                      
                                                                                                                              
9:07:03 AM                                                                                                                    
                                                                                                                              
DAVID   TEAL,   DIRECTOR,  LEGISLATIVE   FINANCE   DIVISION,                                                                    
referred to a previous budget  presentation by the Office of                                                                    
Budget and  Management (OMB) regarding the  governor's FY 11                                                                    
request.  He clarified  that Legislative  Finance Division's                                                                    
(LFD) role  as a nonpartisan  legislative agency was  to add                                                                    
context to  the budget to facilitate  good budget decisions.                                                                    
He related  that he would  also bring perspectives  from the                                                                    
Department of Revenue (DOR).                                                                                                    
                                                                                                                                
9:11:21 AM                                                                                                                    
                                                                                                                                
Mr.  Teal  stated  that  the  legislative  fiscal  analyst's                                                                    
overview of  the governor's  FY 11  request, as  depicted in                                                                    
the fiscal summary  on page 2 of the  document entitled, "FY                                                                    
2011 Budget  Overview", is in  the "recast of  general funds                                                                    
format".  The December  15 fiscal  summary  released by  the                                                                    
Office of  the Governor  used the old  fund categorizations.                                                                    
Since the LFD overview uses a  new format, it does not agree                                                                    
with the governor's version and  comparisons cannot be made.                                                                    
In  the LFD  general fund  column,  there is  an extra  $750                                                                    
million showing.  The focus  is on  the general  fund column                                                                    
because  that is  how the  fiscal  gap is  determined -  the                                                                    
surplus  or  deficit.  He  suggested  not  focusing  on  the                                                                    
differences in  the fiscal  summaries from  OMB and  DOR. He                                                                    
reported that  OMB has  now revised  their summary  to match                                                                    
LFD's recast version.                                                                                                           
                                                                                                                                
Co-Chair  Stedman  commented  that  it was  thought  that  a                                                                    
recast version  would be launched  during the  last session,                                                                    
but it was too complex. It  was finished over the interim. A                                                                    
goal  for  the  next  interim would  be  to  recast  several                                                                    
previous years' budgets for  comparison purposes. He related                                                                    
the potential to share budget  information in a standardized                                                                    
format. He called it a work in progress.                                                                                        
                                                                                                                                
9:13:59 AM                                                                                                                    
                                                                                                                                
Mr.  Teal  offered  to answer  questions  about  the  fiscal                                                                    
summary.                                                                                                                        
                                                                                                                                
Mr. Teal focused  on line 10 of the summary,  which shows an                                                                    
increase in  agency operating budgets of  about 3.7 percent.                                                                    
Co-Chair  Stedman  clarified  that it  was  "non-formula  in                                                                    
agencies",  a subcomponent  of  the  agency operations.  Mr.                                                                    
Teal  related that  the governor  has  talked about  holding                                                                    
growth in the  general fund budget down to  under 3 percent.                                                                    
The fiscal  summary shows that  it is over 3  percent, which                                                                    
is a  function of the  recast. It's larger than  OMB showed;                                                                    
however, OMB  now agrees with  LFD's numbers.  The important                                                                    
point is to realize that 3.7  percent is smaller than it has                                                                    
been in the past couple of years.                                                                                               
                                                                                                                                
Mr.  Teal emphasized  that the  smaller increase  in general                                                                    
fund  is due  to  the  omission of  several  items from  the                                                                    
budget,   including  labor   negotiations.   When  a   labor                                                                    
agreement  is reached,  amendments  will be  put forth  that                                                                    
will increase  this number, depending  on what  happens with                                                                    
the extension  of the Medicaid  matching rate. If  that rate                                                                    
reduction is not  extended, the state could be  looking at a                                                                    
$100 million  increase in FY  11 just for that.  He expected                                                                    
the 3.7 percent to increase as the session progresses.                                                                          
                                                                                                                                
9:16:19 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  pointed out that more  data and amendments                                                                    
would be  available next week.  He suggested  discussing the                                                                    
initial  budget  and  updating it  as  more  information  is                                                                    
forthcoming.                                                                                                                    
                                                                                                                                
Senator Thomas  asked if Co-Chair  Stedman was  referring to                                                                    
supplemental  amendments. Co-Chair  Stedman replied  that he                                                                    
was  talking about  amendments from  the administration  for                                                                    
the   FY  10   budget.  Senator   Thomas  wondered   if  the                                                                    
supplemental  budget would  include  non-formula items.  Co-                                                                    
Chair Stedman did  not know. He reiterated  that the numbers                                                                    
could increase soon.                                                                                                            
                                                                                                                                
Mr.  Teal agreed  that  the fiscal  summary  was a  starting                                                                    
point  and  would  change as  the  supplemental  budget  and                                                                    
amendments  were  offered.  For  example,  there  is  a  $35                                                                    
million  fire suppression  supplemental that  would increase                                                                    
the FY 10  numbers, which reduces the  difference between FY                                                                    
10 and  FY 11.  He stated his  goal was to  look at  the big                                                                    
picture.                                                                                                                        
                                                                                                                                
Co-Chair Stedman cautioned to  keep in mind that adjustments                                                                    
made  to FY  10  changes  the comparison  to  FY  11. It  is                                                                    
important to look back at previous budgets.                                                                                     
                                                                                                                                
9:19:19 AM                                                                                                                    
                                                                                                                                
Mr.  Teal noted  both  an advantage  and  a disadvantage  to                                                                    
looking  at graphs  - a  $35 million  supplemental will  not                                                                    
show.  The  fiscal summary  shows  only  the big  items  and                                                                    
trends.                                                                                                                         
                                                                                                                                
Mr. Teal turned  to slide 3 - the  fiscal sensitivity chart.                                                                    
He  explained that  one axis  is the  price of  oil and  the                                                                    
other is billions  of dollars, which measures  the height of                                                                    
two curves on the chart.  The two curves are expenditures in                                                                    
revenue.  The  expenditure  is  a  flat  line  because  $4.1                                                                    
million is the current FY 10  budget, no matter the price of                                                                    
oil. At  any price  of oil,  it is  still $4.1  billion. The                                                                    
revenue curve does change depending  on the price of oil. He                                                                    
gave examples: at $40 per  barrel approximately $3.5 billion                                                                    
is generated; as  oil increases to $90, about  $9 billion in                                                                    
revenue is generated.  It is a curve  because of progressive                                                                    
tax rates. The  higher the price of oil, the  higher the tax                                                                    
rate, which  makes it  non-linear. He  pointed out  that the                                                                    
breakeven  point  would  be  at $64  per  barrel  and  $5.13                                                                    
billion in revenue.                                                                                                             
                                                                                                                                
Mr. Teal noted  that the budget of $4.1  billion passed last                                                                    
year  does  not  include  forward funding  of  education  at                                                                    
approximately  $1.1   billion.  If  that  was   funded,  the                                                                    
expenditure curve would shift up  to $5.1 billion reaching a                                                                    
breakeven point. He showed the  results of oil at higher and                                                                    
lower than $63 per barrel.                                                                                                      
                                                                                                                                
Mr. Teal summarized the "take  away" points of the chart. As                                                                    
expenditures  increase, the  expenditure line  shifts upward                                                                    
causing the  breakeven point to  increase. With  an increase                                                                    
from $4.1 billion to $5.1  billion, the breakeven price went                                                                    
up $10.  Every dollar change  in the  price of oil  equals a                                                                    
change  of $100  in revenue.  As the  price of  oil changes,                                                                    
"you walk along the revenue  curve rather than shifting that                                                                    
revenue curve".                                                                                                                 
                                                                                                                                
9:23:55 AM                                                                                                                    
                                                                                                                                
Mr. Teal reported the good  news that the breakeven price is                                                                    
about $64  and the DOR  projection for  the price of  oil is                                                                    
$67, which puts  the state into a surplus  category of about                                                                    
$450 million. Even better news  is that the current price of                                                                    
oil is  up in the low  $70's, which would lead  to a surplus                                                                    
of $2.2 billion.  If education is to be  forward funded, the                                                                    
surplus falls to $1.1 billion.                                                                                                  
                                                                                                                                
Co-Chair Stedman  asked what  it would be  at $80.  Mr. Teal                                                                    
calculated the  surplus to be  $2.5 billion  after education                                                                    
is  forward  funded.  Co-Chair Stedman  concluded  that  oil                                                                    
prices need to  be tracked in order to  accurately deal with                                                                    
the FY 10 budget.                                                                                                               
                                                                                                                                
9:26:02 AM                                                                                                                    
                                                                                                                                
Mr. Teal  spoke of  the fiscal  sensitivity of  general fund                                                                    
revenue  in FY  11 -  slide  4. He  pointed out  significant                                                                    
differences  between  FY  10  and  FY  11.  The  number  for                                                                    
expenditures  went  up to  $5.6  billion  from $5.1  billion                                                                    
because  total  spending is  up  by  $550 million,  or  10.7                                                                    
percent. He  noted that revenue  in FY 11 is  different than                                                                    
in FY 10;  at $40 it is about $2.5  billion, instead of just                                                                    
over $3 billion.  At $90, instead of being  $9 billion, it's                                                                    
a little  less than $8  billion. The breakeven point  is now                                                                    
$74.                                                                                                                            
                                                                                                                                
Co-Chair  Stedman pointed  out that  the industry  is having                                                                    
parallel concerns because of declining production.                                                                              
                                                                                                                                
9:28:32 AM                                                                                                                    
                                                                                                                                
Senator Thomas  asked if the  decline in oil is  the primary                                                                    
component affecting the state.  Co-Chair Stedman stated that                                                                    
price and volume are the  main components; however the state                                                                    
is much more  sensitive to price than to  volume changes. As                                                                    
volumes decline, cost factors  per barrel rise. He suggested                                                                    
that the state keep in  line with the industry regarding the                                                                    
breakeven   point.  Mr.   Teal  offered   to  provide   more                                                                    
information about that.                                                                                                         
                                                                                                                                
Mr. Teal  shared the good and  the bad news about  the FY 11                                                                    
budget. The breakeven  point has gone up to  $74 per barrel;                                                                    
the price  forecast is above  $74. It is $76.35  which would                                                                    
be a  surplus situation.  The governor  shows a  savings, in                                                                    
addition to expenditures. The  scholarship fund would affect                                                                    
the expenditure line  because it is money  "removed from the                                                                    
table", even though it does not leave the treasury.                                                                             
                                                                                                                                
9:31:32 AM                                                                                                                    
                                                                                                                                
Mr. Teal highlighted key points  in the sensitivity charts -                                                                    
slide 5.  A $1 change in  oil price produces a  $100 million                                                                    
change  in  revenue  -  movement   along  a  revenue  curve.                                                                    
Declining oil production is a  double whammy - it shifts the                                                                    
revenue  curve downward  and results  in less  oil and  less                                                                    
profit.  Even if  costs  stay  the same,  as  the number  of                                                                    
barrels falls  there are fewer  barrels to spread  the costs                                                                    
over. The  average cost  per barrel  increases. As  the cost                                                                    
per barrel increases  (OPEX and CAPEX), it  reduces the per-                                                                    
barrel profit and shifts the revenue curve downward.                                                                            
                                                                                                                                
Co-Chair  Stedman  noted  that   other  presenters  call  it                                                                    
"profit oil".                                                                                                                   
                                                                                                                                
Mr.  Teal  stated  that  it  is  difficult  to  see  on  the                                                                    
sensitivity charts that the  revenue curve shifted downward.                                                                    
Slide  6, a  simplified chart  depicting  FY 10  and FY  11,                                                                    
shows  the point  at  which the  budget  and revenue  curves                                                                    
cross at  $64. He described  what would happen if  the price                                                                    
of oil shifts downward.  He described the resulting breaking                                                                    
point. Expenditures also shift upward  in FY 11. He provided                                                                    
various scenarios.                                                                                                              
                                                                                                                                
9:38:05 AM                                                                                                                    
                                                                                                                                
Mr. Teal noted  implications for the future.  First, is that                                                                    
the  revenue  curve  will  continue  to  shift  downward  as                                                                    
production  falls.  Second,  as expenditures  increase,  the                                                                    
curve will  shift up. Both  make the breakeven price  of oil                                                                    
higher. The  breakeven point will continue  to increase. The                                                                    
Department of Revenue predicts that  production will fall by                                                                    
about  4  percent.  That impact  translates  to  about  $200                                                                    
billion, which means the revenue  curve will shift down each                                                                    
year by  about $200 million.  The breakeven point  is useful                                                                    
for about a two-year analysis.                                                                                                  
                                                                                                                                
9:39:45 AM                                                                                                                    
                                                                                                                                
Mr.  Teal turned  to a  10-year revenue  and spending  graph                                                                    
provided by  DOR. The purpose  of looking forward is  to add                                                                    
context  to the  FY  11  budget. The  graph  shows that  the                                                                    
surplus  continues to  grow from  FY 09  to FY  14 and  then                                                                    
tapers off to  breakeven in FY 19. The reserve  in 2020 will                                                                    
be about $24 million under the DOR assumptions.                                                                                 
                                                                                                                                
Mr. Teal  stated that Legislative Finance  revised the chart                                                                    
in order to show why the  fiscal surplus began to taper off.                                                                    
He  pointed  out that  the  legislature's  role is  to  make                                                                    
appropriations and to control long-term revenues.                                                                               
                                                                                                                                
Mr. Teal explained  slide 8, which shows the  same data from                                                                    
a different perspective  over a greater period of  time - FY                                                                    
05 to  FY 19. He  pointed out large  surpluses in FY  08. He                                                                    
maintained  that there  is  more  to be  seen  than what  is                                                                    
depicted on  the previous chart.  Revenue tapers off  and is                                                                    
part of the problem. The price  of oil, as projected by DOR,                                                                    
continues  to  increase.  In spite  of  that  increase,  the                                                                    
revenue curve is  turning downward. By 2014,  the decline in                                                                    
production has finally caught up.  The downward shift in the                                                                    
revenue curve  is increasing faster than  the price increase                                                                    
of  oil. The  concern is  that, in  spite of  increasing oil                                                                    
prices, revenue is declining.                                                                                                   
                                                                                                                                
9:44:00 AM                                                                                                                    
                                                                                                                                
Mr.  Teal focused  on  the expenditure  side  of the  chart.                                                                    
Commissioner Galvin's chart was based  on a 3 percent growth                                                                    
in expenditures,  which has also been  incorporated into the                                                                    
Legislative  Finance  chart.  He   called  it  an  extremely                                                                    
conservative view. He questioned what  would happen if the 3                                                                    
percent number is off.                                                                                                          
                                                                                                                                
Mr.  Teal  explained  that  slide 9  helps  to  answer  that                                                                    
question. It depicts growth in  agency operating budgets for                                                                    
FY  06 -  FY 11.  In  FY 06  $3.1 billion  was spent,  which                                                                    
increased to  $4.2 billion by  FY 11. The next  column shows                                                                    
the  change  in expenditures.  He  described  each column  -                                                                    
annual growth  rate, share of  growth, and  cumulative share                                                                    
of growth  - and  showed the  difficulties of  maintaining a                                                                    
3.3 percent growth rate. He  questioned if funding should be                                                                    
dependent on a targeted growth rate.                                                                                            
                                                                                                                                
9:48:50 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman speculated what  would happen with Military                                                                    
& Veterans Affairs under that scenario.                                                                                         
                                                                                                                                
9:50:06 AM          AT-EASE                                                                                                   
9:51:01 AM          RECONVENED                                                                                                
                                                                                                                                
Mr. Teal plugged a 6.6  percent growth rate - the historical                                                                    
growth rate  - into  the chart  to demonstrate  how problems                                                                    
would result in  2016. He concluded that  the scenario would                                                                    
be  worse than  that  of  today, where  there  is a  healthy                                                                    
fiscal situation. He stressed  the importance of surplus and                                                                    
deficit under different scenarios.                                                                                              
                                                                                                                                
Co-Chair Stedman  questioned if  this year's growth  rate is                                                                    
10.7 percent.  Mr. Teal demonstrated  the results of  a 10.7                                                                    
percent   growth  rate.   Once  the   operating  budget   is                                                                    
increased, it is  difficult to move it  back down. Decisions                                                                    
made in the FY 11 budget  process impact the amount of money                                                                    
in the future.                                                                                                                  
                                                                                                                                
Co-Chair Stedman commented on  adding a $300 million capital                                                                    
budget  into   the  mix.  Mr.   Teal  saw  the   merits  and                                                                    
consequences of  both growth rates. He  opined that compound                                                                    
growth rates  are bad in the  long run. An attempt  to avoid                                                                    
compound  rates  was  the  use  of  one-time  increases.  He                                                                    
stressed the  importance of revisiting one-time  items every                                                                    
year. He spoke of the  importance of considering the impacts                                                                    
of growth rates.                                                                                                                
                                                                                                                                
Mr. Teal wondered how much  faith should be put into revenue                                                                    
forecasts.                                                                                                                      
                                                                                                                                
10:00:06 AM         AT-EASE                                                                                                   
10:01:11 AM         RECONVENED                                                                                                
                                                                                                                                
Mr. Teal  continued to elaborate  on the question as  to how                                                                    
much faith the legislature  should put in revenue forecasts.                                                                    
He turned to  slide 10 - monthly oil  revenue volatility. In                                                                    
a  given month  the revenue  can change  drastically, by  as                                                                    
much  as $1  billion. The  forecast (July  - June)  from DOR                                                                    
predicted  $3.2 billion  in oil  revenue.  The DOA  forecast                                                                    
(June  - May)  predicted $4.2  billion in  oil revenue.  The                                                                    
issue is  oil revenue  volatility from  month to  month. Oil                                                                    
revenue can vary  from $1.2 billion to $46  million a month.                                                                    
The point is that oil revenue is unpredictable.                                                                                 
                                                                                                                                
Co-Chair  Stedman noted  that PPT  and ACES  were calculated                                                                    
using four  scenarios; however, a  $100 change in  oil price                                                                    
was never expected.                                                                                                             
                                                                                                                                
Senator Thomas did not understand  how there could be such a                                                                    
variety of  revenue prices. Co-Chair Stedman  explained that                                                                    
progressivity kicks in and  distorts the curve, particularly                                                                    
at prices of $80 and  higher. Senator Thomas remembered that                                                                    
chart. Co-Chair  Stedman suggested looking  at PPT in  FY 09                                                                    
to  see   how  the   tax  kicked   in  at   various  prices.                                                                    
Progressivity is intended to "capture the spikes".                                                                              
                                                                                                                                
10:06:35 AM                                                                                                                   
                                                                                                                                
Senator Ellis requested  charts to show the  budget with and                                                                    
without  PPT.  Co-Chair  Stedman   said  that  could  happen                                                                    
appropriate to ELF,  as well as PPT and  ACES. Senator Ellis                                                                    
shuddered to  think where the state  would be if it  had not                                                                    
changed its  oil taxes. Co-Chair Stedman  mentioned that the                                                                    
production  sharing arrangement  is  used  globally now.  He                                                                    
announced   that  a   consultant,  David   Wood,  would   be                                                                    
addressing   that  issue   shortly.   He  thought   standard                                                                    
deductions,   excluded    expenditures,   base    tax,   and                                                                    
progressivity, would be included in the presentation.                                                                           
                                                                                                                                
Senator Ellis asked if it was  possible to find out how much                                                                    
was paid  out in  production credits last  year and  what is                                                                    
projected  for  this  year. Co-Chair  Stedman  said  it  was                                                                    
possible to obtain  that information. He also  wished to see                                                                    
where the 20 percent credit  went. He thought there would be                                                                    
confidentiality issues,  but the issue of  credits should be                                                                    
examined.                                                                                                                       
                                                                                                                                
Senator  Ellis   asked  for  that  information   before  the                                                                    
committee   considers  the   governor's  request   for  more                                                                    
credits.  Co-Chair  Stedman  agreed.  He wanted  to  do  the                                                                    
analysis first  on ACES,  before individual  proposals would                                                                    
be looked at. He informed  the committee that the consultant                                                                    
has been hired  and the model has been  built. The industry,                                                                    
legislature, and DNR are all working on testing the model.                                                                      
                                                                                                                                
10:13:30 AM                                                                                                                   
                                                                                                                                
Mr. Teal commented that tax  credits shift the revenue curve                                                                    
downward.  He  questioned  if  the  credits  produce  enough                                                                    
production in the future to  shift the revenue curve upward,                                                                    
offsetting the short-term downward  curve. He emphasized the                                                                    
importance  of considering  their  affect on  the curve.  To                                                                    
ascertain that information, industry  projections have to be                                                                    
relied upon.  He discussed the relationship  of the forecast                                                                    
to the  process. He stressed  that timing is  important when                                                                    
the oil revenue  is counted, as oil price  is very volatile.                                                                    
He concluded  by emphasizing that  budget decisions  need to                                                                    
include a long-term look.                                                                                                       
                                                                                                                                
10:17:47 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman highlighted  a communication  problem when                                                                    
providing budget  information to the public.  He thought the                                                                    
solution  would  be  to   synchronize  numbers  between  the                                                                    
various  entities;   DOR,  OMB,  and  the   legislature.  He                                                                    
suggested that  everyone needs to  work together  to present                                                                    
consistent information to the public.                                                                                           
                                                                                                                                
Senator Ellis  discussed a concern  about the  negative tone                                                                    
related to formula  programs. He termed the need  for them a                                                                    
"natural progression".  He suggested  being mindful  of that                                                                    
when attempting to control spending. Co-Chair Stedman added                                                                     
that education also falls into that category.                                                                                   
                                                                                                                                
Mr. Teal commented that the  formula programs are increasing                                                                    
and  will continue  to increase;  therefore,  there will  be                                                                    
less  money  available.  He  was  not  suggesting  that  the                                                                    
formula programs needed to be  reduced, but rather that they                                                                    
made budget decisions more difficult.                                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:20 AM.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
1-28-10 Handout Version.ppt SFIN 1/28/2010 9:00:00 AM
FY11 LFD Overview