Legislature(2021 - 2022)SENATE FINANCE 532

03/04/2021 09:00 AM Senate FINANCE

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09:02:02 AM Start
09:05:03 AM Alaska's Fiscal Position, Look Back, and Projections – Legislative Finance
10:44:23 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Alaska's Fiscal Position, Look Back, & TELECONFERENCED
Projections - Legislative Finance
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                       March 4, 2021                                                                                            
                         9:02 a.m.                                                                                              
                                                                                                                                
9:02:02 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Stedman   called  the  Senate   Finance  Committee                                                                    
meeting to order at 9:02 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Co-Chair                                                                                                  
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson (via teleconference)                                                                                        
Senator Natasha von Imhof (via teleconference)                                                                                  
Senator Bill Wielechowski                                                                                                       
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Alexei  Painter,  Director,  Legislative  Finance  Division;                                                                    
Conor Bell, Fiscal Analyst, Legislative Finance Division.                                                                       
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Megan Wallace, Director, Legislative Legal Services.                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
^ALASKA'S  FISCAL POSITION,  LOOK  BACK,  AND PROJECTIONS                                                                     
LEGISLATIVE FINANCE                                                                                                           
                                                                                                                                
9:05:03 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  discussed the background  and anticipation                                                                    
for  the   topic  of   the  meeting.   He  noted   that  the                                                                    
presentation was not  a reflection on the  budget itself. He                                                                    
thought the Office  of Management and Budget  (OMB) had done                                                                    
a good  job putting  agency budgets before  the legislature.                                                                    
The   budget  subcommittees   had  not   finished  budgetary                                                                    
reviews. The  committee would be  working on how to  fix the                                                                    
structural deficit,  pay a dividend  to the people,  and not                                                                    
deplete the Permanent  Fund. He noted that  the large amount                                                                    
of federal funds currently coming  into the state could make                                                                    
many underlying  budget issues  seem to go  away for  one or                                                                    
two years.                                                                                                                      
                                                                                                                                
Co-Chair Stedman relayed that  the committee was striving to                                                                    
provide clarity  on the budget,  and there would  be several                                                                    
more  presentations on  the topic.  He mentioned  addressing                                                                    
the  erosion  of  the Earnings  Reserve  Account  (ERA).  He                                                                    
described the  presentation as less  of a dissection  of the                                                                    
governor's  budget, and  more of  a consideration  of budget                                                                    
history.                                                                                                                        
9:07:10 AM                                                                                                                    
                                                                                                                                
ALEXEI  PAINTER,  DIRECTOR,  LEGISLATIVE  FINANCE  DIVISION,                                                                    
discussed the  presentation, "Alaska's Fiscal  Position Look                                                                    
back, and Projections" (copy on file).                                                                                          
                                                                                                                                
Mr. Painter highlighted slide 2, "Outline":                                                                                     
                                                                                                                                
     ? Budget changes since FY15 (our peak agency                                                                               
     operations budget year)                                                                                                    
     ? Where we are now                                                                                                         
     ? Looking forward                                                                                                          
     ? Note: scenarios and adjustments in this presentation                                                                     
     were requested by the co-chairs.                                                                                           
                                                                                                                                
     LFD is policy neutral and does not endorse a                                                                               
     particular fiscal plan.                                                                                                    
                                                                                                                                
Co-Chair Stedman clarified that  the committee had requested                                                                    
the  following  scenarios  to be  presented:  the  statutory                                                                    
dividend, a 50/50 split dividend  on the 5 percent payout, a                                                                    
$1,000 dividend,  and a $500  dividend. He had  selected the                                                                    
scenarios because the  first was in statute,  the second was                                                                    
proposed by  the governor,  and the  third and  fourth could                                                                    
provide  a  baseline.  He  asserted   there  was  no  policy                                                                    
information therein,  but the scenarios would  help to start                                                                    
a discussion.                                                                                                                   
                                                                                                                                
Mr.  Painter addressed  slide 3,  "Why Unrestricted  General                                                                    
Funds (UGF)?":                                                                                                                  
                                                                                                                                
     ?  The budget  deficit exists  solely in  UGF    excess                                                                    
     appropriations  of other  fund  sources cause  "hollow"                                                                    
     funding but not a deficit                                                                                                  
     ?  Narrowing the  focus to  UGF spotlights  the State's                                                                    
     general fund cashflow issues                                                                                               
     ?  This  focus does  not  mean  other funds  should  be                                                                    
     ignored: DGF sources can  contribute to revenue because                                                                    
     of lapsing  funds, and there  are policy calls  to make                                                                    
     across all fund sources                                                                                                    
     ? All Funds reports  illustrate the size of government,                                                                    
     but this presentation is focused on the deficit                                                                            
                                                                                                                                
Mr.  Painter highlighted  slide  4,  "Agency Budget  Changes                                                                    
Since FY15":                                                                                                                    
                                                                                                                                
     ? See Handout A for larger font                                                                                            
     ? Key  points: $661.2 million of  UGF budget reductions                                                                    
     were  made from  FY15-18,  with  every agency's  budget                                                                    
     going down                                                                                                                 
     ? Since  FY18, reductions  in some areas  have balanced                                                                    
     out increases  elsewhere    are we  at the  "floor" for                                                                    
     our current government structure?                                                                                          
     ?  Major legislation  would be  needed to  make further                                                                    
     significant reductions                                                                                                     
                                                                                                                                
Mr. Painter  referenced "Handout  A," which was  titled "UGF                                                                    
Budget  Changes,  FY15 -  FY22"  (copy  on file)  and  would                                                                    
reflect the information on the next few slides.                                                                                 
                                                                                                                                
Mr.  Painter  pointed to  slide  5,  "Agency Budget  Changes                                                                    
Since  FY15."  He noted  that  FY  15  had been  chosen  for                                                                    
comparison as it was the  highest year for agency operations                                                                    
spending.  He pointed  out that  overall, spending  was down                                                                    
about  $700  million  in Unrestricted  General  Funds  (UGF)                                                                    
between FY 15  and the governor's FY 22  budget request. The                                                                    
total budget  was down nearly  50 percent, also  due largely                                                                    
to  the  one-time  funding  for  retirement.  For  statewide                                                                    
items, the  difference was  much larger,  mostly due  to the                                                                    
one-time funding  for retirement  in FY  15. He  thought the                                                                    
key takeaway  from the  slide was  that almost  every agency                                                                    
was down significantly throughout the period.                                                                                   
                                                                                                                                
9:11:30 AM                                                                                                                    
                                                                                                                                
Mr. Painter looked at slide  6, "Agency Budget Change, FY15-                                                                    
18." He  proposed that the  time period being  considered on                                                                    
the slide  could be segregated  into two slices.  During the                                                                    
period  FY  15  through  FY  18,  every  single  agency  saw                                                                    
reductions.  Collectively  there  was a  nearly  15  percent                                                                    
reduction in agency operations for  a total of $663 million.                                                                    
He  pointed out  that the  Department of  Transportation and                                                                    
Public Facilities (DOT) was down  by over 50 percent. During                                                                    
the  period there  were  across-the-board  budget cuts  that                                                                    
significantly reduced the agency operations budget.                                                                             
                                                                                                                                
Senator Hoffman asked about the  slide and the corresponding                                                                    
handouts.                                                                                                                       
                                                                                                                                
Mr. Painter  stated that slide  6 corresponded to page  2 of                                                                    
Handout A.                                                                                                                      
                                                                                                                                
Senator Hoffman  thought page  2 showed  something different                                                                    
than the slide.                                                                                                                 
                                                                                                                                
Mr. Painter  clarified that the  handout had more  rows that                                                                    
were not included on the slide.                                                                                                 
                                                                                                                                
Senator Wilson asked  if the numbers were  real numbers with                                                                    
inflation adjustments.                                                                                                          
                                                                                                                                
Mr. Painter  relayed that the  numbers were  nominal numbers                                                                    
with no inflation adjustments.                                                                                                  
                                                                                                                                
Co-Chair Stedman thought the  slide showed agency operations                                                                    
were down  $663 million  from FY  15 to FY  18, which  was a                                                                    
drop of  14.7 percent. He  thought when retirement  and debt                                                                    
service and  other items were  added in, the slide  showed a                                                                    
reduction  of 4.1  billion.  He thought  $2  billion of  the                                                                    
amount  was for  retirement  contribution  for the  unfunded                                                                    
pension and healthcare plan. He  thought in total the budget                                                                    
was down roughly 24 percent.                                                                                                    
                                                                                                                                
Mr.  Painter  agreed and  explained  that  in the  statewide                                                                    
items the big  reductions were to retirement as  well as oil                                                                    
and   gas   tax   credits.  He   pointed   out   the   'Fund                                                                    
Capitalizations'  line, which  showed  the FY  15 amount  as                                                                    
over $700 million. The bulk of  the $700 million was oil and                                                                    
gas tax  credit payments. There  was a much  smaller payment                                                                    
in FY 18, which accounted  for one of the primary reductions                                                                    
in statewide items.                                                                                                             
                                                                                                                                
Senator von  Imhof appreciated the  slides. She  thought the                                                                    
next  slide   would  illustrate   changes  in   total  state                                                                    
spending. She thought slide 6 did not tell the whole story.                                                                     
                                                                                                                                
9:16:18 AM                                                                                                                    
                                                                                                                                
Mr. Painter discussed slide 7,  "Agency Budget Change, FY18-                                                                    
22,"  which  showed  a  table.   He  noted  that  the  slide                                                                    
corresponded to page 3 in  Handout A. The slide compared the                                                                    
FY  18 final  budget to  the governor's  amended budget.  He                                                                    
commented   that  using   a  final   budget  that   included                                                                    
supplementals to  compare to a  budget that did  not include                                                                    
supplementals  could often  be  misleading. The  alternative                                                                    
was  to compare  with the  management plan,  which also  had                                                                    
distortions. He thought the final  budget gave the best idea                                                                    
of the true total budget for the year.                                                                                          
                                                                                                                                
Mr. Painter observed  there was a much  smaller reduction of                                                                    
$41 million (1.1 percent). He  noted that some agencies were                                                                    
increasing  over  the  period,  such as  the  Department  of                                                                    
Corrections  and  the  Department of  Public  Safety  (DPS).                                                                    
Other  agencies  were  decreasing   over  the  period;  most                                                                    
notably the  University at $60  million, and  the Department                                                                    
of Health  and Social  Services (DHSS)  at $54  million. The                                                                    
reductions  counterbalanced  the  increases  and  led  to  a                                                                    
relatively flat budget over the period.                                                                                         
                                                                                                                                
Senator von Imhof  wondered whether if Mr.  Painter was just                                                                    
talking about UGF.                                                                                                              
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
Senator von  Imhof pondered  that the  Walker Administration                                                                    
was FY 18  and FY 19 and the Dunleavy  Administration was FY                                                                    
20, FY 21, and FY 22.                                                                                                           
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
Senator von Imhof observed there  was a 1.1 percent decrease                                                                    
from FY 18 to FY 22 over the two administrations.                                                                               
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
9:18:52 AM                                                                                                                    
                                                                                                                                
Senator  von  Imhof  wondered   whether  Mr.  Painter  would                                                                    
address how  some of the  UGF had been offset  by Designated                                                                    
General Funds (DGF) or other state funds.                                                                                       
                                                                                                                                
Co-Chair Stedman  replied in the affirmative.  He stated the                                                                    
committee  would also  address COVID-19  funds and  one-time                                                                    
funding. He  pointed out that during  FY 18 and FY  20 there                                                                    
were   different  administrations   as  well   as  different                                                                    
legislatures.  He pointed  out  that during  the time  there                                                                    
were  two   different  governors,   there  had   been  three                                                                    
different   legislatures;   and   during   that   time   the                                                                    
legislature  had been  unable  to  change agency  operations                                                                    
spending very  much. He used  the example of  the University                                                                    
decrease  offset  by  an  increase   in  the  Department  of                                                                    
Corrections.                                                                                                                    
                                                                                                                                
Co-Chair Stedman  continued his remarks. He  noted that debt                                                                    
service  payments  had  gone  down  by  $104  million,  fund                                                                    
capitalization decreased  by $85 million, all  while pension                                                                    
payments had increased by $178  million. He commented on the                                                                    
lack of significant  change in spending despite  the work of                                                                    
the  committee.  He thought  there  needed  to be  statutory                                                                    
changes to deal  with agency spending. He  thought the point                                                                    
of  the  slide  made  it  apparent  that  while  there  were                                                                    
significant budget  reductions previous  to 2018,  there had                                                                    
not been  much forward progress  since. He added  that there                                                                    
was additional  data going back  to 2005 that  was available                                                                    
in budget subcommittee materials.                                                                                               
                                                                                                                                
Senator von Imhof asked about  employee counts over the time                                                                    
frame of the slide.                                                                                                             
                                                                                                                                
Mr. Painter  did not have the  information readily available                                                                    
but had looked at filled  position counts over the same time                                                                    
periods. The  information had used  personnel data  from OMB                                                                    
and did not included  entities outside the personnel system,                                                                    
such  as the  University.  The data  showed  a reduction  of                                                                    
about  2,000   filled  positions  across   state  government                                                                    
between FY 15 and FY 18. Between  FY 18 and FY 20, there was                                                                    
a  small decrease  of  about 100  positions.  He offered  to                                                                    
follow up with  the information as requested  by Senator von                                                                    
Imhof.                                                                                                                          
                                                                                                                                
9:23:28 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  pointed  out  that  the  legislature  had                                                                    
reduced Department  of Health and Social  Services by almost                                                                    
$54 million,  or a little over  1 percent per year  over the                                                                    
previous  several  years. He  commented  that  DHSS was  the                                                                    
state's  second largest  agency  and was  difficult to  deal                                                                    
with. He stated the legislature  had been working on finding                                                                    
reductions  and  cautioned   against  expecting  the  budget                                                                    
subcommittee   to  bring   back   significant  changes.   He                                                                    
reiterated the need for statute changes.                                                                                        
                                                                                                                                
9:24:34 AM                                                                                                                    
                                                                                                                                
Mr.  Painter  pointed  to  slide   8,  "Where  Are  We  Now?                                                                    
Governor's FY22 Budget,"  which was a fiscal  summary of the                                                                    
governor's   proposed  budget.   He  highlighted   that  the                                                                    
encircled numbers were the deficit.  He highlighted that the                                                                    
deficit in  FY 21  was projected to  be about  $900 million,                                                                    
and about $93 million in FY 22.                                                                                                 
                                                                                                                                
Co-Chair Stedman asked Mr. Painter  to indicate what part of                                                                    
the chart he was speaking to.                                                                                                   
                                                                                                                                
Mr. Painter  agreed. He noted  he was addressing line  16 on                                                                    
slide 8, which  showed the 'Pre-Transfer Surplus/(Deficit).'                                                                    
The  amount  was before  the  governor  filled part  of  the                                                                    
deficit out  of the  ERA. He  pointed out  that there  was a                                                                    
$2.1 billion  deficit each year.  Part of the  deficit would                                                                    
be  filled from  the ERA:   $1.2  billion in  FY 21,  and $2                                                                    
billion in FY 22. The amount  coming from the CBR on line 21                                                                    
was $900 million in FY 21 and $93 million in FY 22.                                                                             
                                                                                                                                
Mr.  Painter  drew  attention  to   the  other  circled  box                                                                    
entitled 'Reserve  Balances (EOY),' which was  a change from                                                                    
previous  fiscal summaries.  The numbers  presented for  the                                                                    
Constitutional  Budget  Reserve   (CBR)  were  significantly                                                                    
lower. The previous week LFD  had received the comprehensive                                                                    
annual  financial report  of the  state, which  was a  post-                                                                    
audit actual financial  statement for FY 20.  The report had                                                                    
shown  a lower  CBR balance  of $1.4  billion than  the $1.8                                                                    
billion projected in December.  In previous fiscal summaries                                                                    
the CBR amount  projected in FY 21 and FY  22 was about $900                                                                    
million, and  now it  was close to  $500 million  because of                                                                    
the reduction.  He reiterated that  the changes were  due to                                                                    
receiving the audited FY 20 financials.                                                                                         
                                                                                                                                
9:27:26 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman reminded that the  CBR was getting down the                                                                    
minimum  balance  that  would  be prudent.  He  thought  the                                                                    
committee could  soon expect  commentary from  OMB regarding                                                                    
the  recommended  cash balances  to  operate  the state.  He                                                                    
mentioned  that  the  balance  had  at  one  time  been  $12                                                                    
billion.                                                                                                                        
                                                                                                                                
Co-Chair  Bishop  commented  that  the  governor's  proposed                                                                    
budget would  take the projected  balance of the ERA  for FY                                                                    
22 down below  the minimum amount recommended  by the Alaska                                                                    
Permanent Fund Corporation (APFC).                                                                                              
                                                                                                                                
Mr.  Painter  agreed.  He  noted that  the  number  was  the                                                                    
realized amount  for the ERA only,  not including unrealized                                                                    
gains.  He stated  that  the figures  were  based on  APFC's                                                                    
projected  returns in  FY 21.  The actual  returns had  been                                                                    
greater  than what  was projected.  When the  actual returns                                                                    
were incorporated,  APFC expected to include  a lower future                                                                    
projection, which would balance the amount out.                                                                                 
                                                                                                                                
Senator  von Imhof  looked  at  line 10  on  slide 8,  which                                                                    
showed a lean capital budget,  which was not consistent with                                                                    
previous years. She  found line 17, showing a  draw from the                                                                    
ERA, to  be concerning.  She thought the  line showed  an ad                                                                    
hoc draw of $1.2 billion for  FY 21, and $2.0 billion for FY                                                                    
22.                                                                                                                             
                                                                                                                                
Mr. Painter agreed and explained  that the amount was beyond                                                                    
the level of  the percent of market value  (POMV) draw limit                                                                    
in statute.                                                                                                                     
                                                                                                                                
Senator  von Imhof  thought  if  line 17  was  added to  the                                                                    
regular draw  on line 3,  there would be  a total of  a $6.3                                                                    
billion draw at once.                                                                                                           
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
Senator  von  Imhof  asked  about the  ERA  balance  if  the                                                                    
proposed draws were taken.                                                                                                      
                                                                                                                                
Mr. Painter noted that line  21 showed that the realized ERA                                                                    
balance would go below $10 billion  in FY 22 based on APFC's                                                                    
projections with the draws.                                                                                                     
                                                                                                                                
Senator  von  Imhof  asked if  the  $9.3  billion  projected                                                                    
balance would  be after the  proposed draws to the  ERA were                                                                    
taken.                                                                                                                          
                                                                                                                                
Mr. Painter replied in the affirmative.                                                                                         
                                                                                                                                
Senator von  Imhof asked if  upcoming slides would  show the                                                                    
impact of the draws on the ERA and POMV draw.                                                                                   
                                                                                                                                
Mr. Painter replied in the affirmative.                                                                                         
                                                                                                                                
9:31:28 AM                                                                                                                    
                                                                                                                                
CONOR  BELL, FISCAL  ANALYST, LEGISLATIVE  FINANCE DIVISION,                                                                    
displayed slide  9 titled "About  the LFD Fiscal  Model." He                                                                    
relayed   that  LFD   modeled   fiscal   scenarios  at   the                                                                    
legislature's  request. He  detailed that  the modeling  was                                                                    
based on the Department  of Revenue's fall revenue forecast.                                                                    
He   noted   that   because   oil   prices   had   increased                                                                    
significantly since the fall  forecast, LFD had incorporated                                                                    
more  recent  futures market  data  with  updated oil  price                                                                    
assumptions. He reported  that the FY 21  oil price forecast                                                                    
in  the fall  Revenue Sources  Book was  $45 per  barrel and                                                                    
more recent  futures markets  priced the  amount at  $52 per                                                                    
barrel; likewise, the FY 22  forecast had increased from $49                                                                    
per barrel  to $59 per barrel.  Consequently, forecasted UGF                                                                    
revenue  had increased  by $249  million in  FY 21  and $293                                                                    
million in  FY 22.  He added  that LFD  had not  changed its                                                                    
assumptions for Permanent Fund earnings  returns. He noted a                                                                    
difference   between   the   fiscal  modeling   and   fiscal                                                                    
summaries:  the  modeling  included  an  assumption  of  $50                                                                    
million  in supplementals  per year,  which was  money spent                                                                    
after the enacted budget.                                                                                                       
                                                                                                                                
Mr. Bell relayed  that the modeling assumed  draws in excess                                                                    
of revenue would  be taken from the CBR;  however, there was                                                                    
a  minimum  CBR  balance  of $500  million  and  any  excess                                                                    
deficits would  be taken from  the Permanent Fund  (ERA). He                                                                    
reported  that  the  governor's  proposed  budget  took  the                                                                    
Permanent  Fund  Dividend  (PFD)   amounts  for  the  FY  21                                                                    
supplemental and the FY 22 budget  from the ERA, which was a                                                                    
slight  difference.  He  informed  the  committee  that  LFD                                                                    
provided  a more  simplified model  directly to  legislators                                                                    
that they could  use to model their own  scenarios. The more                                                                    
complex  model  in  the presentation  showed  a  streamlined                                                                    
version of LFD outputs.                                                                                                         
                                                                                                                                
9:34:13 AM                                                                                                                    
                                                                                                                                
Mr.  Painter  addressed  slide   10,  "Fiscal  Summary  with                                                                    
Updated  Revenue Assumptions."  The slide  included a  table                                                                    
showing  a  different version  of  the  fiscal summary  that                                                                    
incorporated the  adjustment in  revenue of $249  million in                                                                    
FY  21 and  $293  million in  FY  22 (shown  on  line 3  and                                                                    
circled in red).  He pointed to the bottom of  the table and                                                                    
detailed that  the change  reduced the  pre-transfer deficit                                                                    
to  $1.8 billion  for FY  21  and FY  22 (line  17) and  the                                                                    
amount coming out of the CBR  in FY 21 would be $660 million                                                                    
instead  of $900  million. There  would  be a  post-transfer                                                                    
surplus in FY 22 after the  direct draw was taken out of the                                                                    
ERA; however,  because the ERA spending  constituted deficit                                                                    
spending, the  deficit would  be $1.8  billion. He  moved to                                                                    
line 21 and explained that  the higher revenue figures meant                                                                    
there was  more in the CBR  - the slide showed  a balance of                                                                    
$780  million  in  FY  21,  and  due  to  the  post-transfer                                                                    
surplus, the balance was $1 billion in FY 22.                                                                                   
                                                                                                                                
9:35:48 AM                                                                                                                    
                                                                                                                                
Mr.  Painter turned  to a  10-year model  of the  governor's                                                                    
amended  budget before  the  PFD payment  on  slide 11.  The                                                                    
slide removed the  PFD in order to clearly  show the pre-PFD                                                                    
deficit  the governor's  budget paid  for directly  from the                                                                    
ERA. He  clarified that the  slide was not meant  to suggest                                                                    
no  PFD,  it  was  merely to  demonstrate  what  the  fiscal                                                                    
situation  would   look  like   prior  to   considering  the                                                                    
dividend. He  noted that the  deficit numbers  were slightly                                                                    
different than the fiscal summary  because of the annual $50                                                                    
million  supplemental assumption  used in  the presentation.                                                                    
The  previous slide  showed a  $200  million surplus,  while                                                                    
slide  11 showed  a surplus  of $150  million. He  expounded                                                                    
that  based on  the higher  price forecast,  there would  be                                                                    
annual  surpluses  and  an  increase   in  balances  if  the                                                                    
legislature accepted the governor's budget as written.                                                                          
                                                                                                                                
9:36:46 AM                                                                                                                    
                                                                                                                                
Mr.  Painter discussed  slide 12,  "Unusual Fund  Sources in                                                                    
Governor's Budget:  Total of  $241.0 Million."  He explained                                                                    
the intent  was not to  judge the  proposals as bad,  but to                                                                    
point  out  that they  were  an  unusual  use of  funds  and                                                                    
unconventional budgeting  tactics, which in some  cases were                                                                    
not designated by  statute. He noted that in  some cases the                                                                    
fund  sources  were temporary  and  were  not repeatable  in                                                                    
future  years.  He stated  that  the  methods may  make  the                                                                    
deficit appear smaller than the reality.                                                                                        
                                                                                                                                
Mr. Painter  began with the  first example of  using lapsing                                                                    
balances in place of FY  22 appropriations. He remarked that                                                                    
the committee  had talked extensively about  the $35 million                                                                    
in  lapsing  balances  from  Medicaid  that  the  governor's                                                                    
budget would carryforward into FY  22. He explained that the                                                                    
action lowered  the FY 22  budget. He stated there  were two                                                                    
other unusual  uses of lapsing  balances. The first  was the                                                                    
use  of  potential  lapsing  balances  of  fire  suppression                                                                    
activity  funding, which  would  be  reappropriated to  fire                                                                    
break construction.  He detailed  that the prior  year, fire                                                                    
break construction  had been a  UGF capital  budget project.                                                                    
He pointed  out that  using lapsing balances  was not  a bad                                                                    
idea,  but  it  was  not necessarily  the  most  transparent                                                                    
budget method compared to the  previous year. The second was                                                                    
the OMB proposal  to use lapsing balances  to smooth funding                                                                    
for  rate setting  agencies. He  detailed that  in order  to                                                                    
ensure  rate setting  agencies did  not experience  a sudden                                                                    
shortfall  in  collections,   the  governor's  budget  would                                                                    
spread out $5 million in  lapsing balances. He reported that                                                                    
the goal could be  accomplished by appropriating $5 million.                                                                    
He observed that  using the lapsing balance  made the budget                                                                    
look a little smaller.                                                                                                          
                                                                                                                                
Mr.  Painter continued  to review  slide 12.  He highlighted                                                                    
the  governor's  use  of  fund  sources  for  non-designated                                                                    
purposes. The largest  was the use of $60  million in Alaska                                                                    
Industrial   Development   and  Export   Authority   (AIDEA)                                                                    
receipts (instead  of UGF) for  oil and gas tax  credits. He                                                                    
detailed that the $60 million  was the statutory calculation                                                                    
under the  fall forecast.  The governor's budget  used $10.5                                                                    
million in  Power Cost Equalization  (PCE) funds  for Alaska                                                                    
Energy Authority  (AEA) capital  projects. The  proposal was                                                                    
not a designated  use of the PCE Fund and  it was beyond the                                                                    
fund's statutory  draw. The supplemental budget  included $4                                                                    
million   of   Higher   Education   funds   for   prosecutor                                                                    
recruitment  and   housing.  He  noted  that   the  proposed                                                                    
expenditure  had no  real relation  to the  Higher Education                                                                    
Fund.  Additionally,  the FY  22  budget  included two  fund                                                                    
source  changes  -  one  in   AEA  and  one  in  the  Alaska                                                                    
Commission  on  Postsecondary  Education  (ACPE)  that  were                                                                    
consistent  with the  purpose  of the  funds,  but were  not                                                                    
statutorily designated purposes.                                                                                                
                                                                                                                                
Mr.  Painter   reviewed  two  one-time  or   temporary  fund                                                                    
sources.  The   largest  was  the  Alaska   Housing  Finance                                                                    
Corporation  (AHFC)  bond package  of  $104  million in  the                                                                    
capital  budget. The  second used  $16.3  million of  Mental                                                                    
Health  Trust Reserve  funds, $6  million of  the total  was                                                                    
used in the supplemental and $10.3  million was in the FY 22                                                                    
budget. He  stated that all  of the  items on slide  12 were                                                                    
examples of  using unusual and  temporary fund  sources that                                                                    
LFD did  not necessarily recommend building  into the budget                                                                    
every  year going  forward. He  noted the  next slide  would                                                                    
adjust for the issue.                                                                                                           
                                                                                                                                
9:40:38 AM                                                                                                                    
                                                                                                                                
Senator  von  Imhof asked  if  the  $10.5 million  [for  AEA                                                                    
capital  projects]  would come  from  the  PCE principal  or                                                                    
annual earnings.                                                                                                                
                                                                                                                                
Mr.  Painter replied  that PCE  was  a single  fund with  no                                                                    
separate  earnings fund.  He explained  that while  statutes                                                                    
directed the  use of earnings,  there was no  distinction in                                                                    
the fund between principal and earnings.                                                                                        
                                                                                                                                
Senator  von Imhof  asked if  LFD tracked  the amount  taken                                                                    
from  PCE.  She  asked  if the  amount  was  generally  over                                                                    
5 percent with the extra $10.5 million.                                                                                         
                                                                                                                                
Mr. Painter  responded that LFD  did track the  amount taken                                                                    
from PCE.  He was  not certain  whether the  proposed amount                                                                    
was over 5  percent. He elaborated that there  was a statute                                                                    
that limited the  amount going to the PCE program  to a POMV                                                                    
of  5  percent;  however,  the other  part  of  the  statute                                                                    
referring  to  other  purposes   was  based  on  prior  year                                                                    
earnings. The governor's proposal  went beyond the amount of                                                                    
spendable prior  year earnings.  He did  not know  where the                                                                    
proposal would put the POMV.                                                                                                    
                                                                                                                                
Co-Chair  Stedman remarked  that the  committee would  get a                                                                    
clarification on the PCE.                                                                                                       
                                                                                                                                
Co-Chair Bishop  asked for verification that  the governor's                                                                    
proposal overdrew  the PCE fund.  He believed  $10.5 million                                                                    
constituted an overdraw with the multiplier.                                                                                    
                                                                                                                                
Mr.  Painter confirmed  that the  proposed  draw was  beyond                                                                    
what  was  dictated by  the  statute  governing the  use  of                                                                    
earnings.                                                                                                                       
                                                                                                                                
Senator Wielechowski  asked what rate of  return AIDEA would                                                                    
get for the $60 million in oil and gas tax credits.                                                                             
                                                                                                                                
Mr.  Painter  answered  that  he  did  not  know  how  AIDEA                                                                    
invested  the  money. He  detailed  that  AIDEA had  a  cash                                                                    
reserve  and he  was  not sure  if  the governor's  proposal                                                                    
would mean money  would have to be taken out  of other AIDEA                                                                    
investments.   He   would    follow   up   with   additional                                                                    
information.                                                                                                                    
                                                                                                                                
Senator Wielechowski  asked if  AIDEA would get  anything in                                                                    
return for the  $60 million such as a 2  percent, 5 percent,                                                                    
or 10 percent rate of return.                                                                                                   
                                                                                                                                
9:43:15 AM                                                                                                                    
                                                                                                                                
Mr. Painter responded that he  was not certain because AIDEA                                                                    
kept a cash  amount for making investments. He  did not know                                                                    
whether  AIDEA would  have  to replace  the  cash by  taking                                                                    
other investments out. He would  have to check with AIDEA to                                                                    
determine how  they would handle  the draw. He  would follow                                                                    
up with the information.                                                                                                        
                                                                                                                                
Senator  Wilson  asked about  the  impact  of the  statutory                                                                    
calculation  for  the  oil  and  gas  tax  credits  and  the                                                                    
increase in the price of oil.                                                                                                   
                                                                                                                                
Mr. Bell replied  that the statute designated  the amount at                                                                    
10  to 15  percent  of production  taxes  levied, which  the                                                                    
Department of  Revenue (DOR)  interpreted as  production tax                                                                    
levied pre-credits. Consequently, at  $59 per barrel the $60                                                                    
million would increase to about  $122 million and at $60 per                                                                    
barrel  the  amount  would  increase   to  $80  million.  He                                                                    
explained that at oil prices  above $60 per barrel, the rate                                                                    
decreased from 15 percent to 10 percent.                                                                                        
                                                                                                                                
Mr. Painter discussed slide  13, "Fiscal Summary: Governor's                                                                    
Budget with  Typical Fund Sources."  The table  replaced the                                                                    
atypical  fund   sources  with  UGF  (indicated   with  blue                                                                    
arrows). He  detailed that the  supplemental budget  used $6                                                                    
million  from the  operating budget  and $4  million in  the                                                                    
capital  budget  [in FY  21].  In  FY  22, there  was  $56.5                                                                    
million  in  agency  operations, $60  million  in  statewide                                                                    
items,  and  $114.5  million  in   the  capital  budget.  He                                                                    
followed  up on  an earlier  comment about  the size  of the                                                                    
capital budget  by pointing to  line 12 and  explaining that                                                                    
switching the fund  sources to UGF would result  in a $176.7                                                                    
million  capital budget,  which would  be the  highest since                                                                    
FY 15.                                                                                                                          
                                                                                                                                
Mr. Painter directed  attention to the total  CBR draw shown                                                                    
on  line  22 of  slide  13.  He  explained that  making  the                                                                    
changes went  from a post-transfer  surplus of  $200 million                                                                    
to  a post-transfer  deficit of  $31  million in  FY 22.  He                                                                    
elaborated that  the CBR balance  was lower at  $770 million                                                                    
in FY 21 and $774 million in FY 22 (shown on line 21).                                                                          
                                                                                                                                
9:46:36 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  pointed out the  POMV draw on lines  4 and                                                                    
18 [of slide  13] and explained that the  two numbers needed                                                                    
to  be combined  to get  the total  draw from  the Permanent                                                                    
Fund.                                                                                                                           
                                                                                                                                
Mr. Painter  agreed. He pointed to  the pre-transfer deficit                                                                    
on line 17  of $1.86 billion in  FY 21 and $2  billion in FY                                                                    
22.                                                                                                                             
                                                                                                                                
Mr.  Painter   advanced  slide  14  titled   "Fiscal  Model:                                                                    
Governor's   Budget   with   Typical  Fund   Sources."   The                                                                    
adjustments showed  the state in  deficit spending in  FY 21                                                                    
and FY 22 with surpluses in  the outyears. He noted that the                                                                    
slide did not  include a PFD payment. The addition  of a PFD                                                                    
brought  the  budget up  and  created  a deficit  situation;                                                                    
however, the expectation of rising  oil prices in the future                                                                    
still  resulted  in  additional money  available  in  future                                                                    
years.                                                                                                                          
                                                                                                                                
9:47:43 AM                                                                                                                    
                                                                                                                                
Mr.  Painter  looked  at slide  15,  "How  Federal  COVID-19                                                                    
Relief   Impacts   Alaska's   Budget."   He   referenced   a                                                                    
presentation   by  OMB   a  couple   of  weeks   earlier  on                                                                    
Coronavirus Aid,  Relief, and Economic Security  (CARES) Act                                                                    
funding  and COVID-19  relief from  the federal  government.                                                                    
The  federal funding  had a  number of  impacts on  Alaska's                                                                    
budget, the most notable was  the Federal Medical Assistance                                                                    
Percentage (FMAP)  increase from 50 percent  to 56.2 percent                                                                    
for non-expansion  population. He  reported that  the change                                                                    
saved Alaska $15  million to $17 million UGF  per quarter in                                                                    
the  Medicaid  program.  The assistance  was  likely  to  be                                                                    
extended  through  end  of  calendar   year  2021.  The  LFD                                                                    
modeling included  an adjustment for the  federal assistance                                                                    
in  the  previous section  by  taking  out the  $35  million                                                                    
adjustment.                                                                                                                     
                                                                                                                                
Mr.  Painter continued  to review  slide 15.  The state  had                                                                    
received $1.25 billion in the  Coronavirus Relief Fund (CRF)                                                                    
in 2020. He  explained that the funding had  often been used                                                                    
before state  funds, which  created lapsing  funds in  FY 20                                                                    
and possibly  in FY 21. He  stated that DOT was  receiving a                                                                    
substantial  amount  of   federal  funding  through  several                                                                    
different avenues  - some of  the funding was  going towards                                                                    
airports,  highways,   and  some  through   Federal  Transit                                                                    
Authority  (FTA)  grants.  The  governor's  budget  included                                                                    
$14.6  million  in fund  source  changes  away from  UGF  to                                                                    
utilize some of the federal  funding. The action would lower                                                                    
the budget at  present, but when the  federal funding ceased                                                                    
it would require an increase  in UGF or agency reductions in                                                                    
order to  maintain the  funding level.  He relayed  that the                                                                    
next couple of slides would  show adjustments back to UGF in                                                                    
order to see the true size of the long-term budget.                                                                             
                                                                                                                                
9:49:38 AM                                                                                                                    
                                                                                                                                
Mr. Painter addressed slide  16, "Fiscal Summary: Governor's                                                                    
Budget  without COVID-19  Funding." The  slide showed  prior                                                                    
adjustments  made   [shown  on   slide  13]  and   added  an                                                                    
adjustment of  $14.6 million  shown in  green. He  noted the                                                                    
adjustment was  fairly small and  did not "move  the needle"                                                                    
significantly. The  $2 billion deficit remained  the same on                                                                    
line 17.  The total  CBR draw was  slightly higher  at $45.8                                                                    
million  and  the total  balance  on  line 21  was  slightly                                                                    
lower.                                                                                                                          
                                                                                                                                
Mr. Painter highlighted slide  17, "Fiscal Model: Governor's                                                                    
Budget  without COVID-19  Funding."  He  explained that  the                                                                    
data  shown  in the  graphs  was  very similar  to  previous                                                                    
graphs [on  slide 14] because  of the small  adjustment. The                                                                    
deficit  would be  slightly  larger in  FY  22 with  smaller                                                                    
surpluses in the outyears.                                                                                                      
                                                                                                                                
9:50:25 AM                                                                                                                    
                                                                                                                                
Mr.  Painter pointed  to slide  18,  "FY18-22 Spending  with                                                                    
Adjustments  for Fund  Sources  and  COVID-19." He  remarked                                                                    
that the  slide referred  to Handout  B in  members' packets                                                                    
(copy on file). The two-page  document showed the full FY 15                                                                    
through FY  22 look and FY  18 through FY 22  only. He noted                                                                    
the slide on  the screen contained a couple  of minor errors                                                                    
in the totals (totals were  correct in members' packets). He                                                                    
pointed to  the last  column showing the  governor's amended                                                                    
budget with  the exception of  the changes to  fund sources.                                                                    
Instead of being down 1.4  or 1.1 percent, agency operations                                                                    
were  up  0.5  percent  from   FY  18  through  FY  22.  The                                                                    
difference was  not huge, but  it did shift from  small cuts                                                                    
during the period to a small increase.                                                                                          
                                                                                                                                
Senator von Imhof  asked about a scenario  where the federal                                                                    
Coronavirus Aid, Relief, and Economic Security (CARES) Act                                                                      
Act funds  disappeared in a  couple of years. She  asked how                                                                    
much  the  state  was  ramping   up  agencies  in  terms  of                                                                    
additional  employees and  programs.  She  wondered what  it                                                                    
would look like in a couple  of years when the funds were no                                                                    
longer available. She asked how  the state would unwind from                                                                    
additional spending.                                                                                                            
                                                                                                                                
Mr. Painter replied that where  all of the funding was going                                                                    
was  an important  question. The  DOT funding  was primarily                                                                    
being used  to shore  up lost revenue  in the  Alaska Marine                                                                    
Highway  System (AMHS)  by using  FTA  grants. He  explained                                                                    
that it  would not expand  service in a sustainable  way but                                                                    
it would  help AMHS  backfill from the  lost revenue  due to                                                                    
the  loss of  service from  COVID disruptions.  Most of  the                                                                    
funding in the budget was  coming either in place of general                                                                    
funds,  like  the  $14.6  million, and  some  was  going  to                                                                    
increases  in activity.  He referenced  the revised  program                                                                    
legislative  (RPL) from  a couple  of months  back that  was                                                                    
used to  reopen some maintenance stations.  The stations had                                                                    
been closed  due to budget  cuts and had been  reopened with                                                                    
federal funds;  therefore, when the  federal funds  ran out,                                                                    
the  maintenance stations  would need  to find  an alternate                                                                    
funding source.                                                                                                                 
                                                                                                                                
9:53:48 AM                                                                                                                    
                                                                                                                                
Mr.  Painter  moved  to  a  list  of  some  of  the  state's                                                                    
obligations and funding needs on  slide 19. The list totaled                                                                    
about $12 billion and was  not exhaustive. He noted that the                                                                    
items were  not all things that  the state had to  fund, but                                                                    
they included obligations with  some expectation of funding.                                                                    
The  largest  item  was  the  Public  Employees'  Retirement                                                                    
System   (PERS)  and   Teachers'  Retirement   System  (TRS)                                                                    
unfunded liability  to which the state  was constitutionally                                                                    
obligated. Based  on a  payment plan,  the state  would make                                                                    
annual  payments through  FY 39  and the  FY 22  payment was                                                                    
$336 million.                                                                                                                   
                                                                                                                                
Mr. Painter continued  to review the items on  slide 19. The                                                                    
second  item was  $1.1 billion  in general  obligation bonds                                                                    
and state  supported debt through lease  purchase agreements                                                                    
and other similar  things. The debt service  for the longest                                                                    
of the  cycles would extend  to FY  41. He relayed  that the                                                                    
governor's FY  22 budget included  over $90 million  for the                                                                    
purpose. He noted that payment  of the specific debt was not                                                                    
optional. School  debt service  of $789 million  was subject                                                                    
to   appropriation   to    reimburse   municipalities.   The                                                                    
governor's  budget  included  50  percent of  the  full  $84                                                                    
million.  He  explained that  the  current  issued debt  had                                                                    
payments through  FY 39. A  moratorium on new debt  had been                                                                    
in place  since FY  15, which had  been extended  through FY                                                                    
25;  however, if  the moratorium  expired and  new debt  was                                                                    
issued, the obligation would extend beyond FY 39.                                                                               
                                                                                                                                
Mr.  Painter highlighted  an estimated  $760 million  in oil                                                                    
and gas tax credits on  slide 19. The statutory payment plan                                                                    
included  deposits to  the  Oil and  Gas  Tax Credits  Fund.                                                                    
There  had been  an attempt  to set  up a  bonding proposal,                                                                    
which  had  been   ruled  unconstitutional.  The  governor's                                                                    
budget included $60 million, the  statutory amount under the                                                                    
fall forecast, which may change  in the spring forecast. The                                                                    
state  had a  $2  billion backlog  of deferred  maintenance,                                                                    
including the university and  state buildings. He elaborated                                                                    
that  the  payment plan  was  annual  appropriations to  the                                                                    
Capital Income  Fund; however, the  amount flowing  into the                                                                    
fund on  its own was  about $30 million annually,  which was                                                                    
not  sufficient to  make a  dent  in the  total. The  amount                                                                    
reflected  about one-third  a  percent of  the asset  value,                                                                    
which  was far  below  the standard.  The governor's  budget                                                                    
included over $50 million, which  was still below the amount                                                                    
needed to reduce the backlog.                                                                                                   
                                                                                                                                
Mr. Painter  moved to the  last two  items on slide  19. The                                                                    
state's   share  of   the  School   Major  Maintenance   and                                                                    
Construction Lists was $350 million  if funded. There was no                                                                    
direct  funding   for  the   item;  however,   the  Regional                                                                    
Educational Attendance  Area (REAA)  Fund could be  used for                                                                    
some  of the  projects. The  governor's budget  included $17                                                                    
million or 50 percent funding.  He detailed that the funding                                                                    
could not be used for all  of the projects because some were                                                                    
outside  the  REAAs.  He added  that  funding  for  non-REAA                                                                    
projects had  not been  deposited into  the fund  in several                                                                    
years.  The Department  of Environmental  Conservation (DEC)                                                                    
had  reported $1.8  billion in  rural  sanitation needs.  He                                                                    
explained that rural sanitation  was funded annually through                                                                    
the Village Safe Water Program.  The state's FY 22 share was                                                                    
$18 million, which leveraged federal  funding for a total of                                                                    
$71 million. He  noted that even at that rate  it would take                                                                    
quite  some  time  to  get  to  the  full  $1.8  billion  of                                                                    
underserved communities.                                                                                                        
                                                                                                                                
9:58:10 AM                                                                                                                    
                                                                                                                                
Senator  Hoffman referenced  the  rural school  construction                                                                    
list and highlighted  an existing decree that  the state had                                                                    
signed  off  on.  The  decree   included  a  compilation  of                                                                    
percentages the state paid for  school bond indebtedness. He                                                                    
believed  the decree  required state  spending of  about $34                                                                    
million  annually.  He  pointed   out  that  the  state  was                                                                    
currently  in noncompliance  with  the decree  and the  case                                                                    
could  be reopened.  He referenced  Mr. Painter's  statement                                                                    
there   were  no   plans  for   funding  the   projects.  He                                                                    
underscored  that there  was  a plan,  which  the state  had                                                                    
signed  off  on.  He  reiterated   that  the  state  was  in                                                                    
noncompliance   with  the   decree   and   was  subject   to                                                                    
potentially  having a  court  case  reopened that  penalized                                                                    
rural  students  from  receiving  adequate  classroom  space                                                                    
under new construction.                                                                                                         
                                                                                                                                
Mr. Painter explained that that  the REAA fund could be used                                                                    
for many  projects on the list,  but not all. He  noted that                                                                    
there  were  municipal  projects on  the  major  maintenance                                                                    
list, which  did not  have a formula.  He agreed  that there                                                                    
was a formula through the REAA  fund for the majority of the                                                                    
projects.                                                                                                                       
                                                                                                                                
10:00:15 AM                                                                                                                   
                                                                                                                                
Mr.  Painter highlighted  slide 20,  "Governor's Budget  and                                                                    
Statutory Formulas":                                                                                                            
                                                                                                                                
     ? Governor funds School Debt Reimbursement at 50                                                                           
     percent of statutory level                                                                                                 
            100 percent funding would add $41.8 million to                                                                      
          the FY22 budget                                                                                                       
     ? Governor funds Regional Educational Attendance Area                                                                      
     (REAA) Fund at 50 percent of statutory level                                                                               
            100 percent funding would add $17.1 million to                                                                      
          the FY22 budget                                                                                                       
     ? Governor funds Community Assistance at $12.4                                                                             
    million, versus the $30.0 million statutory deposit                                                                         
            100 percent funding would add $17.6 million to                                                                      
          the FY22 budget                                                                                                       
     ? Governor does not fund municipal project debt                                                                            
     service                                                                                                                    
            100 percent funding would add $2.4 million to                                                                       
          the FY22 budget                                                                                                       
                                                                                                                                
Senator von  Imhof remarked that  the legislature  had heard                                                                    
that  it was  important to  follow statute  when paying  the                                                                    
PFD. She  remarked that the  presentation had  four examples                                                                    
of the administration not following the statute.                                                                                
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
Co-Chair  Stedman  explained  that  it was  typical  in  any                                                                    
budget year  to override statutes  in a given year.  He used                                                                    
the example  of the $150,000 exclusion  for senior citizens'                                                                    
property tax, which had not been funded for many years.                                                                         
                                                                                                                                
10:04:28 AM                                                                                                                   
                                                                                                                                
MEGAN  WALLACE, DIRECTOR,  LEGISLATIVE  LEGAL SERVICES  (via                                                                    
teleconference), pointed to slide  21, "Legislative Power of                                                                    
Appropriation":                                                                                                                 
                                                                                                                                
     ?  "No  money  shall  be withdrawn  from  the  treasury                                                                    
     except in accordance with  appropriations made by law."                                                                    
     (Article IX, sec. 13).  The dedicated funds prohibition                                                                    
     (Article  IX, sec.  7)  prevents  the legislature  from                                                                    
     dedicating the proceeds of any  state tax or license to                                                                    
     any special purpose.                                                                                                       
                                                                                                                                
     ?  An  appropriation  is  required  to  carry  out  any                                                                    
     statutory formula.                                                                                                         
                                                                                                                                
     ? In  Wielechowski v. State,  the Alaska  Supreme Court                                                                    
     held  that  the  legislature's use  of  permanent  fund                                                                    
     income  is  subject  to the  normal  appropriation  and                                                                    
     budgetary   veto   process.   Thus,  each   year,   the                                                                    
     legislature may  appropriate from the  earnings reserve                                                                    
     account to the dividend  fund any amount, regardless of                                                                    
     the language in statute.                                                                                                   
                                                                                                                                
     ?   Unless  an   exception  to   the  dedicated   funds                                                                    
     prohibition  applies, each  year,  the legislature  may                                                                    
     appropriate money  from any  available source,  for any                                                                    
     public  purpose,  as  it deems  appropriate.  Statutory                                                                    
     formulas serve as guidelines  or policy suggestions for                                                                    
     the legislature to follow.                                                                                                 
                                                                                                                                
     ?  In  general,  each  year,  all  state  programs  are                                                                    
     subject to appropriation.                                                                                                  
                                                                                                                                
Co-Chair Stedman  wondered whether  the legislature  did not                                                                    
have the authority to violate the constitution.                                                                                 
                                                                                                                                
Mr. Wallace  replied in the affirmative.  She explained that                                                                    
the  constitution  was  the primary  legal  and  enforceable                                                                    
provision as it  related to the power  of appropriation. She                                                                    
stated that  Article 9  Section 13  would trump  or override                                                                    
any  statute that  recommended or  provided  that a  certain                                                                    
amount of money  be appropriated or set aside  for a certain                                                                    
program.                                                                                                                        
                                                                                                                                
Co-Chair  Stedman   wondered  whether  there  could   be  an                                                                    
initiative to appropriate out of the treasury.                                                                                  
                                                                                                                                
Ms. Wallace replied that an  initiative could not be used to                                                                    
make an appropriation.                                                                                                          
                                                                                                                                
Co-Chair Stedman thanked the testifier.                                                                                         
                                                                                                                                
10:09:25 AM                                                                                                                   
                                                                                                                                
Mr. Painter looked at slide  22, "Fiscal Summary: Governor's                                                                    
Budget  with Statutory  Funding of  Statewide Items",  which                                                                    
showed  the full  statutory funding  of statewide  items. He                                                                    
noted that the  next couple of slides would  show the graph,                                                                    
but would not show statutory  funding. He remarked that line                                                                    
17 showed the deficit increases in FY 22.                                                                                       
                                                                                                                                
Mr. Painter  discussed slide  23, "Fiscal  Model: Governor's                                                                    
Budget with Statutory Funding of  Statewide Items." He noted                                                                    
that the $70 million impact  was the largest impact expected                                                                    
going forward.                                                                                                                  
                                                                                                                                
Mr. Painter pointed to slide  24, "Fiscal Model: Budget with                                                                    
Typical Fund  Sources, No COVID Offsets,  Statutory PFD." He                                                                    
explained that the slide showed  the governor's numbers with                                                                    
using  the LFD  model. He  discussed the  slide further.  He                                                                    
stressed  that there  was  not enough  funding  to meet  the                                                                    
budget - following the model.                                                                                                   
                                                                                                                                
Co-Chair  Stedman queried  the estimate  of the  gap between                                                                    
the dotted line and the top of the red bar on the slide.                                                                        
                                                                                                                                
Mr. Painter clarified  that the slide said  billion where it                                                                    
should have  said million. He stated  that the gap in  FY 30                                                                    
was approximately  $1.5 billion. He  said that there  was an                                                                    
expectation of  some excess earnings  in the ERA  that could                                                                    
be overdrawn again to empty out completely.                                                                                     
                                                                                                                                
Senator von Imhof  noted that the ERA could  be depleted and                                                                    
25 percent  of the fund would  be gone. She wondered  how it                                                                    
would  affect  the  annual  draws of  the  POMV.  She  asked                                                                    
whether that was factored into the model.                                                                                       
                                                                                                                                
Mr.  Painter replied  that  it had  been  factored into  the                                                                    
model.  He   noted  that  deficits  increased   because  the                                                                    
overdraw of  the ERA decreased  the POMV draw  and decreased                                                                    
the earning  power of the  fund. He stated that  because the                                                                    
POMV draw  had a lag, there  was not an immediate  impact on                                                                    
the POMV, however  there was an impact on  the earning power                                                                    
of the fund. He stated  that the ERA balance declined faster                                                                    
than the POMV draw.                                                                                                             
                                                                                                                                
10:15:17 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman noted  that it would be  discussed on slide                                                                    
30.                                                                                                                             
                                                                                                                                
Senator Hoffman  noted that each  billion dollars  drawn out                                                                    
of the  ERA meant that there  was $50 million less  to spend                                                                    
each year thereafter.                                                                                                           
                                                                                                                                
Mr. Painter  displayed slide 25, "Fiscal  Model: Budget with                                                                    
Typical  Fund  Sources, No  COVID  Offsets,  and 50/50  POMV                                                                    
Split."  He  stated that  the  current  PFD statute  was  50                                                                    
percent  of  statutory net  income.  He  explained that  the                                                                    
governor  had  proposed to  change  that  to 50  percent  of                                                                    
market  value draw,  which would  decrease  the dividend  by                                                                    
approximately $400 million per  year compared to the current                                                                    
statute. He  noted that  compared to  the last  slide, there                                                                    
were smaller  deficits in FY  23 and beyond. He  pointed out                                                                    
that the ERA lasted slightly longer in the model.                                                                               
                                                                                                                                
Co-Chair  Stedman   pointed  out  that  there   had  been  a                                                                    
discussion  at  the  beginning  of  the  meeting  about  two                                                                    
different  governors and  three  different legislatures.  He                                                                    
felt that the  future legislatures and governors  may have a                                                                    
difficult time under some of the scenarios.                                                                                     
                                                                                                                                
Senator  Hoffman queried  the amount  of the  PFD under  the                                                                    
50/50 POMV scenario.                                                                                                            
                                                                                                                                
Mr.  Painter replied  that it  would be  approximately $2400                                                                    
per year on average.                                                                                                            
                                                                                                                                
Co-Chair Stedman  reminded the committee that  LFD could run                                                                    
any  scenario.  He  stressed  that  the  committee  was  not                                                                    
advocating any positions, rather  the presentation was meant                                                                    
to be informational.                                                                                                            
                                                                                                                                
Senator von  Imhof commented that  the 50/50  dividend could                                                                    
be  examined two  different ways.  She  remarked that  there                                                                    
could  be an  examination of  actual cash  received by  each                                                                    
individual,  which was  approximately $2400.  She emphasized                                                                    
that  it cost  the state  $1.5 billion  to pay  that amount,                                                                    
which was almost 25 percent  of the UGF budget. She stressed                                                                    
the importance of noted the actual cost to the state.                                                                           
                                                                                                                                
Mr. Painter looked  at slide 26, "Fiscal  Model: Budget with                                                                    
Typical Fund Sources, No COVID  Offsets, and $1,000 PFD." He                                                                    
noted that  there was a  small persistent deficit  under the                                                                    
model. He remarked that there was  a $775 million cost in FY                                                                    
22 decreasing over  time, because it was a  one cost nominal                                                                    
dividend.  He  remarked that  it  would  still lead  to  ERA                                                                    
overdraws,  and a  declining ERA  balance. He  stressed that                                                                    
LFD was  not suggesting  that the  plans were  not possible,                                                                    
rather it  showed the "size of  the hole" that needed  to be                                                                    
filled in order to  support the dividend without overdrawing                                                                    
the ERA.                                                                                                                        
                                                                                                                                
10:20:30 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman  furthered  that  it  also  did  not  show                                                                    
expense reductions  or new revenue.  He stressed  that there                                                                    
needed to be a change because the state must meet payroll.                                                                      
                                                                                                                                
Senator  Hoffman  noted  that  under  the  scenario  in  the                                                                    
current slide,  by FY 30  the fund would still  $12 billion.                                                                    
He  wondered whether  there  was a  scenario  that showed  a                                                                    
complete depletion of the ERA.                                                                                                  
                                                                                                                                
Mr. Painter replied that the  previous two slides showed the                                                                    
scenarios with  a complete depletion  of the ERA.  He stated                                                                    
that  the  smaller  overdraw  in  the  current  slide  would                                                                    
maintain the ERA.                                                                                                               
                                                                                                                                
Senator  Hoffman surmised  that  the ERA  may exist  through                                                                    
2060.                                                                                                                           
                                                                                                                                
Mr.  Painter responded  that he  would need  to examine  the                                                                    
exact amount that would last, based on the draws.                                                                               
                                                                                                                                
Senator Wielechowski commented that  it would be interesting                                                                    
to factor  in the historic 26  percent of the value  of oil,                                                                    
instead of the current lowest share of 13 percent.                                                                              
                                                                                                                                
Co-Chair Stedman restated that LFD could run that model.                                                                        
                                                                                                                                
Senator  von Imhof  wondered whether  the slide  showed that                                                                    
the  state was  taking above  5  percent in  all the  years,                                                                    
which was worrisome because of  the slow erosion of the ERA.                                                                    
She  remarked that  other sovereign  wealth funds  generally                                                                    
had a 5 percent match annual fund.                                                                                              
                                                                                                                                
Mr. Painter replied in the affirmative.                                                                                         
                                                                                                                                
Senator von  Imhof noted that  it had not  been historically                                                                    
fiscally  viable over  time. She  did not  believe that  any                                                                    
other sovereign wealth fund took more than 5 percent.                                                                           
                                                                                                                                
10:25:47 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman remarked  that  the  Alaska Mental  Health                                                                    
Trust  Authority (AMHTA)  took  4.25 percent,  and they  had                                                                    
good performance in their markets.                                                                                              
                                                                                                                                
Senator  Hoffman remarked  that  many  Alaskans supported  a                                                                    
PFD. He  recalled that  a $1000  PFD had  been in  place for                                                                    
several years. He queried the  additional revenue needed for                                                                    
a $1000 to level the draw in the ERA in the out years.                                                                          
                                                                                                                                
Mr.  Painter replied  that, based  on  the revenue  forecast                                                                    
beyond FY  22 and FY  23, $300  million in revenue  would be                                                                    
sufficient to avoid  overdraws and pay a $1000  PFD with the                                                                    
budget assumptions.                                                                                                             
                                                                                                                                
Senator von  Imhof pointed out  that the  budget assumptions                                                                    
required further  reductions of  5 percent  each year  and a                                                                    
very  anemic   capital  budget.  She  wondered   whether  it                                                                    
included any CARES Act money or money taken from DGF.                                                                           
                                                                                                                                
Mr.  Painter replied  that the  version  already made  those                                                                    
adjustments  and  assumed  a  $150  million  capital  budget                                                                    
growing with inflation.                                                                                                         
                                                                                                                                
Senator  von Imhof  wondered whether  the scenario  required                                                                    
the legislature to  cut the budget by a  certain amount each                                                                    
year.                                                                                                                           
                                                                                                                                
Mr. Painter  replied that the  scenario assumed  growth with                                                                    
inflation of 2.25 percent.                                                                                                      
                                                                                                                                
Co-Chair Bishop observed that the  scenario was considered a                                                                    
$150  million capital  budget,  assuming  the federal  match                                                                    
from FHWA.  The result would  be a cumulative  total capital                                                                    
budget of over $1 billion each year.                                                                                            
                                                                                                                                
Mr. Painter agreed.                                                                                                             
                                                                                                                                
Co-Chair  Stedman   stressed  that  the  scenario   did  not                                                                    
reference the  full capital budget, rather  the general fund                                                                    
portion.                                                                                                                        
                                                                                                                                
Mr.  Painter pointed  to slide  27, "Fiscal  Model: Adjusted                                                                    
Budget with  $500 PFD." He noted  the deficits in FY  22 and                                                                    
FY 23. He  stated that FY 24 had oil  prices projected to be                                                                    
higher, so  there would  be small  surpluses and  a balanced                                                                    
budget moving  forward with no additional  revenue or budget                                                                    
cuts.  He  commented  that  the   scenario  had  very  small                                                                    
overdraws  from the  ERA in  FY  22 and  FY 23  to meet  the                                                                    
deficits.  He  explained  that the  slightly  declining  ERA                                                                    
balance was due  to the Permanent Fund  earnings forecast of                                                                    
6.75  percent, which  was not  quite sufficient  to keep  up                                                                    
with inflation.  He remarked that  switching to  the updated                                                                    
forecast  of 6.2  percent going  forward, the  base scenario                                                                    
would also have  a decrease in the ERA  balance. He stressed                                                                    
that the paying  inflation proofing and POMV  draws based on                                                                    
the forecast would still show a slightly declining ERA.                                                                         
                                                                                                                                
10:30:46 AM                                                                                                                   
                                                                                                                                
Senator Hoffman  recalled the last position  that the senate                                                                    
took on  the PFD, which  was in  SB 26. He  wondered whether                                                                    
the dividend amount in that bill was $1100.                                                                                     
                                                                                                                                
Mr. Painter replied in the affirmative.                                                                                         
                                                                                                                                
Mr. Painter  discussed slide 28, "Fiscal  Model: Budget with                                                                    
Typical  Fund Sources,  No COVID  Offsets,  50/50 POMV  PFD,                                                                    
FY21 Supplemental  PFD." He explained that  the slide showed                                                                    
the statutory  dividend in FY  22, and the 50/50  POMV going                                                                    
forward.  The scenario  also added  the  FY 21  supplemental                                                                    
dividend proposed by the governor.                                                                                              
                                                                                                                                
Mr.  Painter pointed  to slide  29,  "Swoop Graph  Including                                                                    
FY21 Supplemental PFD." He stated  that the slide showed the                                                                    
typical swoop graph showing all the agencies' UGF funding.                                                                      
                                                                                                                                
Co-Chair  Stedman  wondered whether  the  large  bar on  the                                                                    
graph of over  $3 billion would be equivalent to  all of the                                                                    
agencies, except for DEED.                                                                                                      
                                                                                                                                
Mr. Painter  replied in the  affirmative. He  explained that                                                                    
the bottom row showed the cumulative budget.                                                                                    
                                                                                                                                
Co-Chair  Stedman  felt  that   the  slide  referenced  some                                                                    
members' previous questions.                                                                                                    
                                                                                                                                
10:34:15 AM                                                                                                                   
                                                                                                                                
Mr.  Painter  displayed  slide   30,  "Impact  of  FY  21-22                                                                    
Overdraws on ERA Balance and  POMV Draw." He stated that the                                                                    
ERA  balance comparison  was the  bars. He  stated that  the                                                                    
blue bars  showed the  ERA balance  following the  POMV, and                                                                    
the  green showed  overdraws only  in FY  21 and  FY 22.  He                                                                    
noted  that there  was an  immediate difference  in the  ERA                                                                    
balance  in FY  22,  and  the difference  was  more than  $2                                                                    
billion. He  stressed that  the ERA  balances did  not quite                                                                    
match  the fiscal  summary, because  it included  unrealized                                                                    
gains.  The ERA  balance difference  was immediate,  and the                                                                    
POMV  difference took  more time  because  of the  five-year                                                                    
average  and the  lag in  the  average. He  stated that  the                                                                    
impact would not  be seen until FY 23, but  would get larger                                                                    
as it was  worked into the average. He explained  that by FY                                                                    
30 there  would be a $200  million a year difference  in the                                                                    
revenue based on the overdraw.  He stated that cumulatively,                                                                    
over  the  period,  there  would  be  nearly  a  $1  billion                                                                    
difference  in  revenue. He  stated  that  the $200  million                                                                    
difference  was  essentially a  need  to  find another  $200                                                                    
million of either  budget cuts or new revenue  in the future                                                                    
for  a  balanced  budget.  He   noted  that  it  showed  the                                                                    
assumption  of no  change in  the Permanent  Fund investment                                                                    
strategies.                                                                                                                     
                                                                                                                                
Co-Chair Stedman commented that the  intention was to set up                                                                    
a base for the operating budget procedure.                                                                                      
                                                                                                                                
10:37:12 AM                                                                                                                   
                                                                                                                                
Senator von  Imhof surmised that  slide 30 showed  the green                                                                    
bar beginning to go down,  because the ERA eroded over time.                                                                    
She  looked  at  slide  26, and  noted  that  spending  $650                                                                    
million had  an impact. She looked  at FY 26, FY  27, and FY                                                                    
28,  which had  reduced ERA  balances. She  wondered whether                                                                    
the POMV  draw would begin  to reduce, so the  deficit would                                                                    
increase due to the total value of fund.                                                                                        
                                                                                                                                
Mr. Painter replied  that the draws affected  the POMV draw,                                                                    
but  examining  the  petroleum revenue  forecast  over  that                                                                    
period  had increases  that  were faster  than  the rate  of                                                                    
inflation. He  explained that relatively minor  increases in                                                                    
price  resulted  in  greater  than  inflationary  growth  in                                                                    
revenue.                                                                                                                        
                                                                                                                                
Mr.  Bell furthered  that beginning  in FY  25 there  was an                                                                    
assumption  of  inflation  proofing  from  the  ERA  to  the                                                                    
principal of the Permanent Fund  of approximately $1 billion                                                                    
per  year. He  explained  that, based  on statutory  intent,                                                                    
there was  not assumption  of inflation  proofing for  FY 22                                                                    
through FY 24.                                                                                                                  
                                                                                                                                
Senator  von  Imhof assumed  that  the  price of  oil  would                                                                    
continue  to   increase  even  through  there   move  toward                                                                    
renewable energy. She wondered  about market corrections and                                                                    
the impact.  She felt  that there  were many  variables that                                                                    
could drastically affect the model.                                                                                             
                                                                                                                                
10:40:22 AM                                                                                                                   
                                                                                                                                
Senator Hoffman  wondered whether  other funds in  the world                                                                    
utilized inflation proofing or  whether their increases were                                                                    
from the markets.                                                                                                               
                                                                                                                                
Mr. Painter  replied that Alaska's  structure of  a separate                                                                    
ERA for a fund was unusual  for an endowment. He stated that                                                                    
most would set a draw at a  rate of 5 percent or less, which                                                                    
theoretically  accounted for  inflation.  He explained  that                                                                    
the transfer between two funds  to account for inflation was                                                                    
unique to Alaska.                                                                                                               
                                                                                                                                
Senator   Hoffman  wondered   whether  there   would  be   a                                                                    
consideration to change to one fund.                                                                                            
                                                                                                                                
Co-Chair  Stedman replied  that it  would be  discussed when                                                                    
there was a  more in depth conversation  about the dividend.                                                                    
He stressed  that the change would  require a constitutional                                                                    
amendment  to remove  any funds  from the  corpus. He  noted                                                                    
that  there would  also be  a  conversation about  inflation                                                                    
proofing,  and recalled  that  the  committee had  expressed                                                                    
concern related to the AMHTA  about inflation proofing their                                                                    
fund. He  stated that he  would work with  committee members                                                                    
on  a  schedule,  and  encouraged   members  to  submit  any                                                                    
modeling  request  to  ensure a  robust  discussion  on  the                                                                    
policy moving forward.                                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:44:23 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:44 a.m.                                                                                         

Document Name Date/Time Subjects
030421 Handout B - FY15-22 Budget Changes with Adjustments (002) - Copy.pdf SFIN 3/4/2021 9:00:00 AM
Alaska's Fiscal Position LFD
030421 Handout A - FY15-22 Budget Changes.pdf SFIN 3/4/2021 9:00:00 AM
Alaska's Fiscal Position LFD
030421 LFD Fiscal Model Presentation.pdf SFIN 3/4/2021 9:00:00 AM
LFD Fiscal Model