Legislature(2021 - 2022)SENATE FINANCE 532

08/17/2021 09:00 AM Senate FINANCE

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Audio Topic
09:04:13 AM Start
09:06:48 AM Update on Fiscal Summary and Governor's Vetoes
10:20:47 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Update on Fiscal Summary & Governor's Vetoes TELECONFERENCED
Alexei Painter, Director, Legislative Finance
Division
Bills Previously Heard/Scheduled
                 SENATE FINANCE COMMITTEE                                                                                       
                   THIRD SPECIAL SESSION                                                                                        
                      August 17, 2021                                                                                           
                         9:04 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:04:13 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 9:04 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Co-Chair                                                                                                  
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
Senator Natasha von Imhof                                                                                                       
Senator Bill Wielechowski (via teleconference)                                                                                  
Senator David Wilson (via teleconference)                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Alexei Painter, Director, Legislative Finance Division                                                                          
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
^UPDATE ON FISCAL SUMMARY and GOVERNOR'S VETOES                                                                               
                                                                                                                                
9:06:48 AM                                                                                                                    
                                                                                                                                
ALEXEI  PAINTER,  DIRECTOR,  LEGISLATIVE  FINANCE  DIVISION,                                                                    
discussed the  presentation, "Update  on Fiscal  Summary and                                                                    
Governor's Vetoes"  (copy on  file). He  looked at  slide 2,                                                                    
"UGF Short  Fiscal Summary -  FY21/FY22 Budget."  He pointed                                                                    
out the details and differences between  the FY 21 and FY 22                                                                    
budgets.                                                                                                                        
                                                                                                                                
9:10:12 AM                                                                                                                    
                                                                                                                                
Senator von Imhof surmised that  the enacted budget of FY 22                                                                    
included the  reverse sweep funds,  the vetoes, and  the CBR                                                                    
vote.                                                                                                                           
                                                                                                                                
Mr.  Painter  agreed, and  explained  that  the funds  would                                                                    
remain in  the budget with  or without the reverse  sweep of                                                                    
the CBR.                                                                                                                        
                                                                                                                                
Senator  von  Imhof  wondered  whether   any  of  the  items                                                                    
associated  with the  reverse  sweep, except  for the  Power                                                                    
Cost Equalization (PCE) funds, were                                                                                             
                                                                                                                                
9:11:13 AM                                                                                                                    
                                                                                                                                
Mr. Painter replied  that there were a couple  of funds that                                                                    
had no  funds available without  the reverse sweep,  such as                                                                    
the Higher Education  Fund. He stated that  there were other                                                                    
items  where the  sweepable balance  was only  a portion  of                                                                    
what  was  needed to  fund  the  item, such  as  Washington,                                                                    
Wyoming, Alaska, Montana, and Idaho (WWAMI).                                                                                    
                                                                                                                                
Senator  Olson asked  what hope  could be  given to  medical                                                                    
students.                                                                                                                       
                                                                                                                                
Mr. Painter replied  that there was currently  a surplus, so                                                                    
with  a simple  majority  the legislature  could fund  those                                                                    
items.                                                                                                                          
                                                                                                                                
Senator Olson queried the likelihood of that occurrence.                                                                        
                                                                                                                                
Mr.  Painter  replied  that   the  legislative  session  was                                                                    
limited  to the  items on  the  call. He  remarked that  the                                                                    
legislature  could  not address  the  items  in the  current                                                                    
special session.                                                                                                                
                                                                                                                                
Co-Chair Stedman remarked that, in  the event of having that                                                                    
ability,  there would  need to  be an  agreement by  the two                                                                    
bodies and the governor for enactment.                                                                                          
                                                                                                                                
Co-Chair  Stedman surmised  that there  was $536  million in                                                                    
appropriate-able cash.                                                                                                          
                                                                                                                                
Mr. Painter replied in the  affirmative, based on the spring                                                                    
forecast. He  noted that recent  oil prices had  been higher                                                                    
than the spring forecast.                                                                                                       
                                                                                                                                
Co-Chair  Stedman   wondered  whether   there  would   be  a                                                                    
presentation of  the enacted  budget in  the event  that the                                                                    
funds were swept and not swept.                                                                                                 
                                                                                                                                
Mr.  Painter  replied that  the  upcoming  two slides  would                                                                    
address fund balances.                                                                                                          
                                                                                                                                
9:16:07 AM                                                                                                                    
                                                                                                                                
Mr.  Painter  highlighted slide  3,  "Projected  FY 22  Fund                                                                    
Balances - With  Reverse Sweep." He noted that  there was an                                                                    
anticipation that  with the reverse  sweep, FY 21  would end                                                                    
with $415.7 million  in the CBR. He  noted the post-transfer                                                                    
surplus of  $1 billion at the  end of the year.  He remarked                                                                    
that the CBR balance may  seem low, because of the structure                                                                    
of the  budget that  drew an estimate  of $410  million into                                                                    
the  Statutory Budget  Reserve (SBR).  He remarked  that the                                                                    
amount would  fund $80.7 million appropriations  because the                                                                    
governor vetoed $330 million of SBR appropriations.                                                                             
                                                                                                                                
Co-Chair   Stedman   remarked   that,  under   the   current                                                                    
structure, the beginning balance  will be zero. He explained                                                                    
that he would address the balances.                                                                                             
                                                                                                                                
Senator Olson queried the reason for the reverse sweep.                                                                         
                                                                                                                                
Co-Chair  Stedman asked  for constitutional  implications of                                                                    
owing a debt to the CBR.                                                                                                        
                                                                                                                                
Mr.  Painter replied  that in  the constitutional  amendment                                                                    
that created the CBR, there  was a section stating that when                                                                    
funds were drawn from reserves that created a debt.                                                                             
                                                                                                                                
Co-Chair  Stedman  shared  that the  legislature,  and  more                                                                    
specifically, the Senate Finance  Committee examines all the                                                                    
state's accounts and attempt to  keep those fund balances at                                                                    
a high level.                                                                                                                   
                                                                                                                                
9:20:50 AM                                                                                                                    
                                                                                                                                
Senator Wilson queried the impact of the recent court case.                                                                     
                                                                                                                                
Mr.  Painter  replied that  he  could  not provide  a  legal                                                                    
interpretation,  but stated  that  the community  assistance                                                                    
fund was not  sweepable because it went  out without further                                                                    
appropriation. He  explained that  the remaining  funds were                                                                    
typically considered  sweepable, although PCE was  no longer                                                                    
sweepable.  He   shared  that  any  other   funds  could  be                                                                    
reclassified based on the court  decision, but was up to the                                                                    
administration to  make that  determination. He  stated that                                                                    
it  could impact  the  SBR and  the  Alaska Housing  Capital                                                                    
Corporation.                                                                                                                    
                                                                                                                                
Co-Chair Stedman explained that  there had been reviews over                                                                    
the years  about the  sweepable funds,  OMB had  worked with                                                                    
the  legislature to  determine an  agreed list  of sweepable                                                                    
funds.                                                                                                                          
                                                                                                                                
Senator Wilson wondered  whether LFD had worked  with OMB or                                                                    
with  the  administration  to  examine  the  funds  and  the                                                                    
determinations of the sweepable funds.                                                                                          
                                                                                                                                
Mr. Painter replied  that he had not discussed  it with OMB,                                                                    
but LFD had discussions with Legislative Legal.                                                                                 
                                                                                                                                
Mr.  Painter  looked  at  slide 4,  "Projected  FY  22  Fund                                                                    
Balances - Without Reverse Sweep."                                                                                              
                                                                                                                                
9:25:37 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  queried the mechanics of  moving the funds                                                                    
around in order to not have a negative balance.                                                                                 
                                                                                                                                
Mr.  Painter  replied  that, generally,  the  administration                                                                    
restricted funds.                                                                                                               
                                                                                                                                
Co-Chair  Stedman  surmised that  there  would  either be  a                                                                    
supplemental  request or  an appropriation  bill to  fix the                                                                    
negative balance.                                                                                                               
                                                                                                                                
Mr. Painter replied in the affirmative.                                                                                         
                                                                                                                                
Senator  von  Imhof  remarked  that  the  governor  had  the                                                                    
reverse sweep  in the  original budget,  and it  was carried                                                                    
through session.  She recalled  that the  administration had                                                                    
advocated for funding of the  programs. She felt that it was                                                                    
an odd change.                                                                                                                  
                                                                                                                                
Co-Chair Stedman agreed.                                                                                                        
                                                                                                                                
Mr.  Painter  addressed  slide  5,  "Summary  of  Governor's                                                                    
Vetoes." He  outlined the details  of the  governor's vetoes                                                                    
reflected within the slide.                                                                                                     
                                                                                                                                
                                                                                                                                
Senator von  Imhof queried the mechanics  of vetoing federal                                                                    
funds,  and wondered  whether they  were treated  as general                                                                    
funds.                                                                                                                          
                                                                                                                                
9:30:11 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman replied  that it meant the  state would not                                                                    
receive the federal funds.                                                                                                      
                                                                                                                                
Senator  von Imhof  noted  that there  was  $220 million  in                                                                    
federal funds  under the capital  projects, which  the state                                                                    
could use to enhance the economy.                                                                                               
                                                                                                                                
Mr. Painter replied  that there was a slide  related to that                                                                    
query.  He noted  that there  were allocations  specifically                                                                    
for   federal   highway   funding  that   was   vetoed   for                                                                    
contingency, but  there was  still enough  federal authority                                                                    
for  the   projects  with   reduced  flexibility   from  the                                                                    
departments in applying the funding.                                                                                            
                                                                                                                                
Senator  von  Imhof  pointed  out   the  issue  of  reducing                                                                    
flexibility in an already stressed economy.                                                                                     
                                                                                                                                
Co-Chair Bishop  asked for more  detail on the  third bullet                                                                    
of the slide.                                                                                                                   
                                                                                                                                
Mr. Painter replied that they  were items where the governor                                                                    
had proposed  a budget  reduction below  the year  prior. He                                                                    
stated that  the legislation did  not reach  that reduction,                                                                    
so the  governor vetoed items  in order to match  the amount                                                                    
in his original budget.                                                                                                         
                                                                                                                                
Co-Chair   Bishop   wondered   whether   it   included   the                                                                    
legislature's  rejection of  use  of bond  money to  replace                                                                    
UGF.                                                                                                                            
                                                                                                                                
Mr.  Painter  replied that  most  of  the governor's  vetoes                                                                    
within UGF were different.                                                                                                      
                                                                                                                                
Co-Chair   Bishop   stressed   that  the   legislature   was                                                                    
attempting to not use bonds to fund the budget.                                                                                 
                                                                                                                                
Co-Chair Stedman agreed.                                                                                                        
                                                                                                                                
Senator  Olson  wondered  whether   the  state  could  still                                                                    
receive federal  funds within  a supplemental  budget passed                                                                    
the deadline.                                                                                                                   
                                                                                                                                
Mr. Painter  replied that  there was still  some use  of the                                                                    
funds through  the Legislative Budget  and Audit (LB  and A)                                                                    
process, but should not see an overall reduction.                                                                               
                                                                                                                                
9:36:22 AM                                                                                                                    
                                                                                                                                
Senator Olson  asked how the  airports were impacted  by the                                                                    
federal fund veto.                                                                                                              
                                                                                                                                
Mr. Painter replied  that the airports were  not affected by                                                                    
the veto.                                                                                                                       
                                                                                                                                
Co-Chair  Bishop stressed  that  the roads  to the  airports                                                                    
were affected by the veto.                                                                                                      
                                                                                                                                
9:36:57 AM                                                                                                                    
                                                                                                                                
Mr. Painter  addressed slide 6,  which showed the  vetoes of                                                                    
legislative  additions, which  were  funded  as an  increase                                                                    
over something in a previous year's budget.                                                                                     
                                                                                                                                
Co-Chair  Stedman explained  that  there  was the  submitted                                                                    
budget  and  the enacted  budget.  He  wondered whether  the                                                                    
change was in the submitted budget or the enacted budget.                                                                       
                                                                                                                                
Mr. Painter replied that the  slide was based on the enacted                                                                    
budget  from the  previous year.  He  further explained  the                                                                    
changes in the slide.                                                                                                           
                                                                                                                                
9:40:05 AM                                                                                                                    
                                                                                                                                
Senator von Imhof wondered  whether the administration fully                                                                    
grasped the issue of access  to behavioral and mental health                                                                    
support in the state. She  felt that the shortsightedness of                                                                    
the administration was disappointing.                                                                                           
                                                                                                                                
Mr.  Painter   looked  at  slide   7,  "Partial   Vetoes  of                                                                    
Legislative Additions." He addressed each issue.                                                                                
                                                                                                                                
Senator  Wilson wondered  what happened  to  the $3  million                                                                    
funding after the end of the year.                                                                                              
                                                                                                                                
Mr.  Painter replied  that the  state had  until the  end of                                                                    
either 2023 or 2024 to expend those funds.                                                                                      
                                                                                                                                
Co-Chair Stedman  explained that there would  be a breakdown                                                                    
of  funds   from  Covid-related  federal  programs   in  the                                                                    
upcoming regular session.                                                                                                       
                                                                                                                                
9:45:58 AM                                                                                                                    
                                                                                                                                
Mr. Painter looked  at slide 8, "Vetoes  to Match Governor's                                                                    
Proposed Reductions." He explained  that the reductions were                                                                    
compared to the FY 21, or compared to the statutory amount.                                                                     
                                                                                                                                
Senator von Imhof  wondered whether the $10  million veto to                                                                    
tourism was reflected in the slide.                                                                                             
                                                                                                                                
Mr. Painter replied that it was  a capital item, so it would                                                                    
be addressed in an upcoming slide.                                                                                              
                                                                                                                                
Co-Chair Stedman recalled  that the subcommittee recommended                                                                    
the number for  Medicaid because there was no  belief in the                                                                    
reduction materializing,  in order  to avoid  a supplemental                                                                    
budget.                                                                                                                         
                                                                                                                                
Senator  von  Imhof agreed,  and  remarked  that there  were                                                                    
constant federal changes to the Medicaid funding.                                                                               
                                                                                                                                
Senator  Olson asked  for more  explanation of  the Regional                                                                    
Educational Attendance Area (REAA) school fund.                                                                                 
                                                                                                                                
Co-Chair Stedman  asked for an  explanation of REAA  and its                                                                    
link to the Base Student Allocation (BSA).                                                                                      
                                                                                                                                
9:50:03 AM                                                                                                                    
                                                                                                                                
Mr. Painter replied  that the REAA fund was  intended to use                                                                    
in  the unorganized  boroughs that  were  without local  tax                                                                    
bases. He stated that the  Department of Education and Early                                                                    
Development (DEED)  ranked projects from  those communities,                                                                    
and then applied  the funds to the top  scoring projects. He                                                                    
stated  that  the  statutory  amount  was  determined  as  a                                                                    
percentage of  the amount of school  debt reimbursement that                                                                    
went to urban districts.                                                                                                        
                                                                                                                                
Senator  Olson  commented that  he  was  concerned that  the                                                                    
governor had vetoed those funds for rural schools.                                                                              
                                                                                                                                
Mr. Painter addressed slide 9,  "Other Operating Vetoes." He                                                                    
explained the vetoes outlined in the slide.                                                                                     
                                                                                                                                
Co-Chair Stedman  explained that the items  may be addressed                                                                    
in the supplemental budget in the upcoming regular session.                                                                     
                                                                                                                                
Senator  Olson wondered  whether the  other two  branches of                                                                    
government affected by the per diem veto.                                                                                       
                                                                                                                                
Mr. Painter replied that they were not.                                                                                         
                                                                                                                                
Senator  von Imhof  stressed that  the executive  branch did                                                                    
receive per diem.                                                                                                               
                                                                                                                                
Mr. Painter agreed,  but remarked that there  was a slightly                                                                    
different system than the legislature.                                                                                          
                                                                                                                                
Senator von Imhof stressed that there  was not a veto of the                                                                    
executive branch per diem funds.                                                                                                
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
9:55:09 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  stressed that  the governor  also received                                                                    
per diem, and  stated that there would be an  outline of the                                                                    
flow of funds.                                                                                                                  
                                                                                                                                
Co-Chair Bishop wondered whether there  had ever been a veto                                                                    
of the legislature's per diem.                                                                                                  
                                                                                                                                
Mr.  Painter  replied  that  he did  not  recall  that  ever                                                                    
happening.                                                                                                                      
                                                                                                                                
Co-Chair  Bishop wondered  whether the  legislature had  cut                                                                    
the administration's per diem.                                                                                                  
                                                                                                                                
Mr.  Painter  replied  that  he did  not  recall  that  ever                                                                    
happening.                                                                                                                      
                                                                                                                                
Co-Chair  Bishop reiterated  that  the administration  staff                                                                    
did  receive  per  diem,  and   there  were  separate  rates                                                                    
dependent on residency.                                                                                                         
                                                                                                                                
Co-Chair  Stedman  stressed  that  the  veto  was  punitive,                                                                    
because  the governor  was not  receiving political  support                                                                    
from the legislature for his agenda.                                                                                            
                                                                                                                                
10:02:35 AM                                                                                                                   
                                                                                                                                
Senator Wilson queried the year  and time that the veto took                                                                    
effect.                                                                                                                         
                                                                                                                                
Mr. Painter  replied that  the amount  was roughly  what was                                                                    
needed  for the  120-day  legislature. The  effect would  be                                                                    
dependent on the management for the current fiscal year.                                                                        
                                                                                                                                
Co-Chair  Stedman  stressed  that   the  committee  had  the                                                                    
ability to address that budget before the 120 days.                                                                             
                                                                                                                                
10:05:40 AM                                                                                                                   
                                                                                                                                
Senator Wilson queried the timeframe  to determine an amount                                                                    
based on historic PFD payment deadlines.                                                                                        
                                                                                                                                
Mr. Painter  replied that DOR  needed about one month  for a                                                                    
payout,  so  there  needed  an   amount  determined  by  the                                                                    
beginning of September.                                                                                                         
                                                                                                                                
Mr. Painter addressed slide 10, "Capital Project Vetoes."                                                                       
                                                                                                                                
10:11:09 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop  stressed that  no flexibility  would result                                                                    
in stalling of projects and less  of a benefit to the growth                                                                    
of Alaska's economy.                                                                                                            
                                                                                                                                
Senator von Imhof stressed that  vetoing $10 million dollars                                                                    
was a  "big deal."  She understood that  the governor  had a                                                                    
press conference  promoting tourism,  and used  Covid relief                                                                    
funds  for  tourism marketing.  She  remarked  that the  $10                                                                    
million  was  for  the  upcoming   year,  so  Alaska  Travel                                                                    
Industry  Association  (ATIA) had  no  money  for the  first                                                                    
time. She felt that it was  counter to what the governor was                                                                    
promoting about Alaska's economy.                                                                                               
                                                                                                                                
Co-Chair  Stedman wondered  whether the  funds were  sourced                                                                    
from the American Recovery Plan.                                                                                                
                                                                                                                                
Mr. Painter replied that the fund source was the SBR.                                                                           
                                                                                                                                
Co-Chair Stedman remarked that the SBR should be swept.                                                                         
                                                                                                                                
10:16:14 AM                                                                                                                   
                                                                                                                                
Senator Wielechowski wondered what happened to the funds                                                                        
when a designated fund received a veto.                                                                                         
                                                                                                                                
Mr. Painter stated that it depended on the fund. Sometimes                                                                      
an actual fund source stayed in the fund, others were                                                                           
lapsed to the general fund.                                                                                                     
                                                                                                                                
Mr. Painter covered the final projects outlined in the                                                                          
slide.                                                                                                                          
                                                                                                                                
Co-Chair Bishop stressed that the items were from the                                                                           
University's ranking list.                                                                                                      
                                                                                                                                
Co-Chair Stedman explained that the legislature used many                                                                       
different lists to determine the funding of the projects.                                                                       
                                                                                                                                
Co-Chair Stedman discussed housekeeping.                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:20:47 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:20 a.m.                                                                                         

Document Name Date/Time Subjects
081721 SFIN Fiscal Summary and Vetoes.pdf SFIN 8/17/2021 9:00:00 AM