Legislature(2021 - 2022)ANCH LIO DENALI Rm

06/02/2021 01:00 PM House JUDICIARY

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01:01:43 PM Start
01:03:04 PM HJR7
02:35:41 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Location Change --
+= HJR 7 CONST. AM: PERM FUND & PFDS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
               HJR 7-CONST. AM: PERM FUND & PFDS                                                                            
                                                                                                                                
[Contains discussion of SJR 6.]                                                                                                 
                                                                                                                                
1:03:04 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  only order of business would be                                                                
HOUSE  JOINT  RESOLUTION  NO.  7, Proposing  amendments  to  the                                                                
Constitution  of the  State  of Alaska  relating  to the  Alaska                                                                
permanent fund, appropriations from the  permanent fund, and the                                                                
permanent  fund  dividend.    [Before the  committee  was  CSHJR
7(STA).]                                                                                                                        
                                                                                                                                
CHAIR  CLAMAN  informed   the  committee  that  he   spoke  with                                                                
Commissioner Mahony  about "the Harvard  model."  He  noted that                                                                
the Department of Revenue (DOR) provided an article published by                                                                
The Harvard Crimson, titled "Harvard  Will Draw Further from the                                                              
Endowment  FY2022 Than  Planned, Citing  Strong  Market Returns"                                                                
[copy  included in  the  committee packet].    Additionally, DOR                                                                
provided information regarding  the Harvard University endowment                                                                
that reported the  actual amount that Harvard relies  on for its                                                                
endowment -  37 percent  - which differs  from testimony  from a                                                                
previous hearing.                                                                                                               
                                                                                                                                
1:05:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER referred to a presentation from a previous                                                                
meeting.  She pointed out that according to the governor's plan,                                                                
revenue generation would begin in 2024 using bridge funding from                                                                
the  earnings reserve  account (ERA).   She  questioned why  the                                                                
operations are presented in that order and suggested that rather                                                                
than overdraw significantly  from the ERA, it  would be fiscally                                                                
advantageous  to "bite  the  bullet" and  address  the need  for                                                                
revenue generation  sooner rather than  "kick that ...  can down                                                                
the road" for three to four years.                                                                                              
                                                                                                                                
1:06:45 PM                                                                                                                    
                                                                                                                                
[Due to technical difficulties, invited testifiers participating                                                                
via Microsoft Teams were inaudible.]                                                                                            
                                                                                                                                
1:09:28 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:10:11 PM                                                                                                                    
                                                                                                                                
[Due to technical difficulties, invited testifiers participating                                                                
via Microsoft Teams were inaudible.]                                                                                            
                                                                                                                                
1:11:53 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:11 p.m. to 1:18 p.m.                                                                       
                                                                                                                                
1:18:55 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  reminded  the  committee that  the  question  was                                                                
directed to Commissioner Mahoney.                                                                                               
                                                                                                                                
1:19:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  restated her question, noting  that after                                                                
having  a chance  to think  on  the information  from the  first                                                                
hearing, she noticed  that the governor's plan  would need large                                                                
cuts and  additional revenue;  however, new revenue  wouldn't be                                                                
added until  three years later.   She asked  why that is  a more                                                                
fiscally  responsible  position  than "biting  the  bullet"  and                                                                
initiating revenue generation  as soon as  possible, which would                                                                
reduce the need for a large draw on the ERA.                                                                                    
                                                                                                                                
1:21:14 PM                                                                                                                    
                                                                                                                                
LUCIA  MAHONEY, Commissioner,  Department of  Revenue, responded                                                                
that the  department recognizes that it  will take time  for the                                                                
legislature and  the administration to  agree upon  new revenue.                                                                
She  added that  it could  take another  year to  implement that                                                                
revenue source.  She conveyed that  the purpose is to reflect on                                                                
the timeframe that is required.                                                                                                 
                                                                                                                                
REPRESENTATIVE   SNYDER   thanked   Commissioner   Mahoney   for                                                                
recognizing the possibility [of  moving forward with new revenue                                                                
solutions].  She asked if DOR had recommendations on new revenue                                                                
options and asked about existing revenue ideas.                                                                                 
                                                                                                                                
COMMISSIONER MAHONEY responded that  the department is exploring                                                                
some new tax-type revenue measures;  however, she said she could                                                                
not go  into details  at this  time because  they have  not been                                                                
reviewed by the Department of Law (DOL).                                                                                        
                                                                                                                                
REPRESENTATIVE SNYDER  noted that  in previous  presentations on                                                                
this topic,  the additional  $150 million in  2024 and  the $300                                                                
million in 2025 and  subsequent years were presented as possibly                                                                
being  achieved through  cuts.   She  asked if  Ms. Mahoney  had                                                                
recommendations on where the cuts might be made.                                                                                
                                                                                                                                
COMMISSIONER  MAHONEY  explained  that   it  is  the  governor's                                                                
position that the administration would constantly be looking for                                                                
opportunities to reduce spending  and identify opportunities for                                                                
improvement.  She referenced her previous presentation and noted                                                                
that  there   could  be  potential  reduction   in  the  state's                                                                
contribution  to   retirement   accounts.     Additionally,  she                                                                
mentioned that  DOR had  reviewed the DLWD  population estimates                                                                
and found  the state  population is declining.   She  added that                                                                
because  some  of  the  formulas  incorporate  population  as  a                                                                
variable, those programs could also see reduction.                                                                              
                                                                                                                                
1:26:08 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN inquired about the possibility of a measure to make                                                                
revenue from  state gaming.   He questioned whether there  was a                                                                
proposal  for  a  gaming  change to  statute  that  would  allow                                                                
gambling beyond pull-tabs and how much that could generate.                                                                     
                                                                                                                                
1:27:18 PM                                                                                                                    
                                                                                                                                
COMMISSIONER MAHONEY relayed that the department is working with                                                                
a consultant  who is  collaborating with stakeholders  to gather                                                                
information  about  potential   gaming  in  Alaska  communities.                                                                
Regarding the revenue estimate, she said that the administration                                                                
is awaiting information from the consultant.                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  if  there is  presently  a revenue  measure                                                                
before the legislature that was proposed by the governor.                                                                       
                                                                                                                                
COMMISSIONER MAHONEY said she is not aware of any.                                                                              
                                                                                                                                
CHAIR CLAMAN  asked if  the legislature could  anticipate seeing                                                                
one  or more  revenue  measures introduced  by  the governor  in                                                                
advance of the second special session.                                                                                          
                                                                                                                                
COMMISSIONER  MAHONEY reported  that revenue  measures would  be                                                                
included in the agenda items  for the special session in August.                                                                
She  stated she  would  need  to consult  with  the governor  to                                                                
confirm the direction.                                                                                                          
                                                                                                                                
CHAIR CLAMAN said  he is aware of  the measures currently placed                                                                
on the call [to a special session].  He shared his understanding                                                                
that Commissioner Mahoney  could not say whether  there would be                                                                
any proposals from the governor by the August special session.                                                                  
                                                                                                                                
COMMISSIONER  MAHONEY  answered  that   she  is  hopeful  [those                                                                
measures] would be discussed, adding that that decision would be                                                                
part of the overall plan for the [special] session.                                                                             
                                                                                                                                
1:29:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA  stated his understanding  that one  of the                                                                
items is  a proposal for  a constitutional amendment  that would                                                                
require  any new  tax to  be approved  by the  voters,  which is                                                                
similar to  the proposal  that would  require voter  approval to                                                                
change  the   PFD  formula.     He  suggested   combining  these                                                                
discussions and proposals into the same amendment.                                                                              
                                                                                                                                
1:31:10 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  MAHONEY   pointed  out  that  there   are  several                                                                
constitutional  amendments that  are on  the  call, including  a                                                                
constitutional amendment  that would establish  an appropriation                                                                
limit, a constitutional amendment that  would prohibit new state                                                                
taxes  without  a  vote  of  the people,  and  a  constitutional                                                                
amendment pertaining to the permanent fund.  She said the intent                                                                
is to  include all these amendments in a  comprehensive plan and                                                                
to discuss them together.                                                                                                       
                                                                                                                                
REPRESENTATIVE KURKA  suggested  including a  discussion on  the                                                                
proposal to require voter approval  to change the permanent fund                                                                
dividend (PFD).                                                                                                                 
                                                                                                                                
COMMISSIONER  MAHONEY  responded  that   the  amendment  changes                                                                
regarding the  PFD formula  that the governor  recently proposed                                                                
would be considered as part of the call.                                                                                        
                                                                                                                                
REPRESENTATIVE KURKA sought  to clarify that  if the legislature                                                                
does not address these items during the current special session,                                                                
then they would be discussed in the second special session.                                                                     
                                                                                                                                
COMMISSIONER MAHONEY answered yes.                                                                                              
                                                                                                                                
1:33:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether  all   portions  of  the                                                                
governor's  plan  could  be   brought  together  into  a  single                                                                
amendment resolution.                                                                                                           
                                                                                                                                
COMMISSIONER MAHONEY deferred the question to Mr. Barnhill.                                                                     
                                                                                                                                
1:33:57 PM                                                                                                                    
                                                                                                                                
MIKE BARNHILL, Deputy Commissioner, Department of Revenue, noted                                                                
that the CSSJR 6(JUD) represents all portions of the plan coming                                                                
together.   He  said that  proposal would  constitutionalize the                                                                
percent of market value (POMV) formula at no more than 5 percent                                                                
of the five-year lagging market average.  Additionally, it would                                                                
constitutionalize the allocation between the  PFD and government                                                                
spending, a  dedication to  Power  Cost Equalization  (PCE), and                                                                
place the balance of  the PCE fund into the  permanent fund.  He                                                                
clarified  that  those  elements  could  be  considered  if  the                                                                
committee were  to prepare a  new committee substitute  (CS) for                                                                
CSHJR 7(STA) [similar to CSSJR 6(JUD)].                                                                                         
                                                                                                                                
1:36:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN referred  to a  question  that had  been                                                                
addressed in  a previous  hearing.  He  stated his  concern that                                                                
even if  the constitutional language were  to go forward  and be                                                                
put into law, at some point, the future Alaska State Legislature                                                                
could potentially  say, "Yeah, we just  don't want to  do that,"                                                                
and not enforce the language.   He said that future legislatures                                                                
could determine that PCE  is not a priority.   He asked what the                                                                
governor's position is on that today.                                                                                           
                                                                                                                                
COMMISSIONER MAHONEY deferred the question to Mr. Barnhill.                                                                     
                                                                                                                                
1:37:40 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL referred to CSSJR  6(JUD) and directed attention to                                                                
language on page 2, [lines 7-11], which read as follows:                                                                        
                                                                                                                                
     (d)  Each year,  the legislature  shall  appropriate a                                                                     
     portion of the  amount appropriated under  (b) of this                                                                     
     section  for  power   cost  equalization.  The  amount                                                                     
     appropriated shall be the amount necessary to equalize                                                                     
     the cost  of power  in the  State, according  to State                                                                     
     law, but  may not exceed  fifty percent of  the amount                                                                     
     appropriated under (b) of this section.                                                                                    
                                                                                                                                
MR.  BARNHILL noted  that  the proposal  for  the phrase  "shall                                                                
appropriate" to be inserted into the constitution should address                                                                
Representative Eastman's question.   He shared his understanding                                                                
that future  legislatures shouldn't be  able to  circumvent that                                                                
language if  it were inserted  into the constitution.   He noted                                                                
that the  word "shall" was  used twice and  probably reflects an                                                                
intention to limit,  if not make impossible, the  ability of the                                                                
legislature to circumvent making an appropriation for PCE.                                                                      
                                                                                                                                
1:39:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN shared his understanding that Mr. Barnhill had said                                                                
that  CSSJR 6(JUD)  has all  the components  of the  fiscal plan                                                                
going forward, but  Chair Claman noted that it  doesn't have any                                                                
revenue component.  He said that his understanding is that there                                                                
are four  parts to  the plan,  one of  which being  revenue, and                                                                
asked  Mr. Barnhill  whether it  isn't  fair to  say that  CSSJR
6(JUD) doesn't have any revenue components.                                                                                     
                                                                                                                                
MR. BARNHILL answered that is  correct.  He clarified that CSSJR
6(JUD)  contains  all  the   constitutional  components  of  the                                                                
governor's  plan.    He  said  there  remains  a  role  for  the                                                                
legislature in  that  revenues don't  materialize in  the amount                                                                
forecasted in the  scenario placed before the  committee in ten,                                                                
twenty, or even five years.   The legislature will always retain                                                                
its ability  to enact statutes  to raise revenue,  he explained.                                                                
Similarly, with respect to PCE, he said that the legislature has                                                                
the role through statute of deciding how to equalize the cost of                                                                
power throughout  the state.   He concluded  that those  are two                                                                
elements  of   the  government's   plan  that   are  not   in  a                                                                
constitutional resolution  because discretion  is  preserved for                                                                
the legislature to legislate on those matters.                                                                                  
                                                                                                                                
CHAIR CLAMAN surmised that the  legislature would have to make a                                                                
revenue proposal that the governor has been unwilling to make.                                                                  
                                                                                                                                
1:41:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked   Mr.  Barnhill,  based   on  the                                                                
drafter's  intent of  the word  "shall"  in the  bill, what  the                                                                
remedy is if the legislature decided not to follow that language                                                                
and appropriate a minimal amount.                                                                                               
                                                                                                                                
MR.  BARNHILL said  this conversation  is starting  to get  into                                                                
DOL's  territory.   He  shared his  understanding that  whenever                                                                
there's  a  possible  constitutional violation,  the  people  of                                                                
Alaska can bring litigation  to enforce the constitution, adding                                                                
that the people do so with some frequency.                                                                                      
                                                                                                                                
1:42:37 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN announced  that  the committee  would  now hear  a                                                                
presentation on the governor's financial plan.                                                                                  
                                                                                                                                
1:43:37 PM                                                                                                                    
                                                                                                                                
ALEXEI  PAINTER,   Legislative  Fiscal   Analysist,  Legislative                                                                
Finance  Division,  offered  a  PowerPoint presentation,  titled                                                                
"Analysis of  Governor's Fiscal  Plan."   He  began on  slide 2,                                                                
"Overview  of  LFD  Fiscal  Modeling,"  which  read  as  follows                                                                
[original punctuation provided]:                                                                                                
                                                                                                                                
     • Legislative  Finance's fiscal  model is  designed to                                                                     
     show policy  makers the  longer-term impact  of fiscal                                                                     
     policy decisions                                                                                                           
     •  The baseline  assumptions are  that  current budget                                                                     
     levels are  maintained,  adjusted for  inflation. This                                                                     
     allows legislators to  see the impact  of their policy                                                                     
     choices                                                                                                                    
     •  All  long-term models  are  extremely sensitive  to                                                                     
     assumptions and inputs                                                                                                     
                                                                                                                                
1:47:28 PM                                                                                                                    
                                                                                                                                
MR. PAINTER proceeded to slide 3, "Overview of LFD Fiscal Model                                                                 
(cont.)," which read as follows [original punctuation provided]:                                                                
                                                                                                                                
     Revenue Assumptions                                                                                                        
     •   LFD's  baseline   revenue   assumptions  are   the                                                                     
     Department of Revenue's Spring Revenue Forecast   This                                                                     
     assumes $61  oil  in FY22,  growing with  inflation in                                                                     
     future years    DNR  oil production  forecast projects                                                                     
     that Alaska North Slope  production will increase from                                                                     
     459.7  thousand  barrels  per day  in  FY22  to  565.5                                                                     
     thousand barrels per day in FY30                                                                                           
     •  For  the  Permanent  Fund, we  assume  actual  FY21                                                                     
     returns  through  the  April  30  APFC  statement  and                                                                     
     Callan's 6.20% assumption for FY22 and beyond                                                                              
                                                                                                                                
MR. PAINTER moved to slide 4, "Overview of LFD Fiscal Model                                                                     
(cont.)," which read as follows [original punctuation provided]:                                                                
                                                                                                                                
     Spending Assumptions                                                                                                       
     • For  agency operations,  we are currently  using the                                                                     
     Senate's first  committee  substitute as  our baseline                                                                     
     ($3,872.7 million UGF), growing with inflation of 2.0%                                                                     
       This budget  is used because it did  not include any                                                                     
     one-time fund sources present in other versions of the                                                                     
     budget, so it  represents a reasonable starting point.                                                                     
     • For statewide items, our  baseline is to assume that                                                                     
     all items are funded to  their statutory levels   This                                                                     
     includes  School Debt  Reimbursement,  the REAA  Fund,                                                                     
     Community Assistance, and the PFD    We also include a                                                                     
     baseline  Fund Transfers  amount  that represents  the                                                                     
     ongoing cost  of DEC's  Spill Prevention  and Response                                                                     
     program                                                                                                                    
     • For the capital budget, we assume the Senate's first                                                                     
     committee substitute ($176.7 million UGF) growing with                                                                     
     inflation of  2.0%    This budget  is used  because it                                                                     
     represents  the  Governor's original  amended  request                                                                     
     without one-time fund sources                                                                                              
     • For supplementals we  assume $50.0 million per year.                                                                     
     This is  based on  the average amount  of supplemental                                                                     
     appropriations minus lapsing funds each year                                                                               
                                                                                                                                
1:51:17 PM                                                                                                                    
                                                                                                                                
MR.  PAINTER  proceeded  to  slide  5,  "LFD  Baseline  Spending                                                                
Assumptions," which  depicted a  table of the  baseline spending                                                                
assumptions.  He noted that the funding spikes and falls because                                                                
of oil tax credits based on the spring forecast.                                                                                
                                                                                                                                
1:52:13 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked for clarification  that the oil  tax credits                                                                
will show on the "Statewide (full funding)" line of the table as                                                                
opposed to the "Agency Ops (SCS1)" line of the table.                                                                           
                                                                                                                                
MR. PAINTER answered yes.                                                                                                       
                                                                                                                                
1:52:28 PM                                                                                                                    
                                                                                                                                
MR. PAINTER  continued explaining slide 5.   He said  that total                                                                
budget is $4.7 billion in F  Y22, and overall, it grows a little                                                                
slower than  inflation because of  the tax credits  falling off.                                                                
He explained that this table is the starting point.                                                                             
                                                                                                                                
MR. PAINTER proceeded to slide  6, "Comparison of Governor's 10-                                                                
Year  Plan  to  LFD  Baselines," which  depicted  a  table  that                                                                
compares the division's baseline to the governor's 10-year plan.                                                                
He explained  that for fiscal year  2022 (FY 22),  the two plans                                                                
are close  but there  are some  differences, such as  the Agency                                                                
Operations.                                                                                                                     
                                                                                                                                
MR. PAINTED advanced to slide  7, "Comparison of LFD Baseline to                                                                
Governor's  10-Year   Plan  (cont.),"  which  read   as  follows                                                                
[original punctuation provided]:                                                                                                
                                                                                                                                
     • Governor's plan calls for permanently funding School                                                                     
     Debt Reimbursement and REAA Fund capitalization at 50%                                                                     
     of statutory levels                                                                                                        
     • Calls  for $65.7 million less  UGF agency operations                                                                     
     spending in  FY22  than original  Senate  budget, plus                                                                     
     $100 million of additional  reductions in each of FY23                                                                     
     and FY24                                                                                                                   
     • Uses  1.5% growth  in agency operations  versus 2.0%                                                                     
     inflation beyond FY24                                                                                                      
     • No assumed supplementals or fund transfers                                                                               
     • This level of budget reductions is not unattainable,                                                                     
     but  would  require   significant  policy  choices  to                                                                     
     realize                                                                                                                    
                                                                                                                                
1:57:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  asked for confirmation  that on  slide 6,                                                                
which refers  to the  differences between  the two  plans, these                                                                
differences are not assuming any revenue generation, but instead                                                                
relying on reductions.                                                                                                          
                                                                                                                                
MR. PAINTER responded that slide 6  is just depicting the budget                                                                
aspect, not revenue.                                                                                                            
                                                                                                                                
REPRESENTATIVE  SNYDER  asked  Mr.  Painter   to  speak  on  the                                                                
difference between 1.5 percent and 2 percent inflation beyond FY                                                                
24.   She asked  what is  driving the  difference, what  is more                                                                
realistic, and  what factors  play into seeing  one and  not the                                                                
other.                                                                                                                          
                                                                                                                                
MR. PAINTER  responded that  the governor's  10-year plan  is to                                                                
hold  the  growth  of  agency  operations  below  the  level  of                                                                
inflation.  This  has been achieved over  the past 5  or 6 years                                                                
and the  FY 22 budget  in both bodies'  versions as well  as the                                                                
governor's version  are comparable  to, for  example, the  FY 18                                                                
budget in nominal  terms.  The assumption, he said,  is that the                                                                
budget  would  be  reduced,  and  growth  would  be  held  below                                                                
inflation, which would  require either holding  large items such                                                                
as Medicaid below inflation,  holding the education budget below                                                                
inflation, or holding the agency operations below inflation.                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER   shared  her   understanding  that   the                                                                
committee  had  been  reassured  that   [the  budget]  would  be                                                                
increased  according  to  inflation at  least  to  achieve  that                                                                
"flatness."   She  asked  Mr. Painter  to  confirm whether  that                                                                
understanding is correct.                                                                                                       
                                                                                                                                
MR. PAINTER answered yes, adding that  the governor's plan is to                                                                
hold spending growth slightly below inflation.                                                                                  
                                                                                                                                
2:01:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  recalled  that  the  House  and  Senate                                                                
versions  of  the  budget  differ  significantly  regarding  the                                                                
reverse sweep.  He asked  Mr. Painter that if the senate version                                                                
of  the  budget omitted  that  language  [regarding the  reverse                                                                
sweep], could it then contain appropriations from funds that may                                                                
not necessarily be  capitalized upon if the  reverse sweep isn't                                                                
included in the final version of the budget.                                                                                    
                                                                                                                                
MR. PAINTER responded that the reverse sweep was included in the                                                                
House version  of the  budget but the  vote on  it failed.   The                                                                
Senate's version  did  not include  that language  and therefore                                                                
there was no vote taken.  He explained that that language can be                                                                
added in  conference committee, but if  it is not  added and not                                                                
voted on,  it's possible that some of  those appropriations that                                                                
are in  both versions  of the  budget from  "sweepable" accounts                                                                
could not take effect.                                                                                                          
                                                                                                                                
REPRESENTATIVE  EASTMAN  said  he wanted  to  confirm  that  the                                                                
passage  of   the  reverse  sweep   is  a  foundation   of  this                                                                
conversation.                                                                                                                   
                                                                                                                                
2:03:04 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  Mr. Painter  about  the 2  percent and  1.5                                                                
percent inflation rate.   He questioned  how Legislative Finance                                                                
Division (LFD) came up with the 2 percent figure.                                                                               
                                                                                                                                
MR. PAINTER stated that the  2 percent is the officially adopted                                                                
inflation  rate  from  Callan   and  Associates,  which  is  the                                                                
investment consultant the state uses for the  PFD.  He said that                                                                
that number  has been 2.25  percent for several  years; however,                                                                
it's being reduced.  He shared  that that number is in line with                                                                
the  federal targets  and  the  division feels  that  that is  a                                                                
reasonable assumption to use.                                                                                                   
                                                                                                                                
CHAIR CLAMAN asked  Mr. Painter if inflation rates  did pick up,                                                                
whether that would cause a similar change in the overall number.                                                                
                                                                                                                                
MR. PAINTER answered  yes, in the division's  modeling that uses                                                                
inflation  as  a  basic  growth  rate, if  there  was  a  higher                                                                
inflation assumption, it would  increase the baseline for future                                                                
years.                                                                                                                          
                                                                                                                                
CHAIR CLAMAN  referenced slide 6 of  Mr. Painter's presentation.                                                                
He noted  that the agency operations  figure on the top  line of                                                                
the table changes from $65.7 million in FY 22 to $182 million in                                                                
FY  23.   He  shared  his understanding  that  it reflects  "the                                                                
governor's  goal  of  reducing  by  another  approximately  $150                                                                
million for the FY 23 budget."                                                                                                  
                                                                                                                                
MR. PAINTER said it's about  $100 million reduction.  The reason                                                                
it differs is because the baseline is increasing with inflation,                                                                
so not only is the governor decreasing the budget, but it's also                                                                
not growing from inflation.                                                                                                     
                                                                                                                                
CHAIR CLAMAN  asked Mr.  Painter, moving  from FY  23 to  FY 24,                                                                
whether that reflects another $150 million reduction.                                                                           
                                                                                                                                
MR. PAINTER conveyed that it is  truly $100 million but also not                                                                
doing the  inflationary growth.  He  said that it  is a semantic                                                                
question:   "Are  you reducing  it  by $100  million below  last                                                                
year's level or  are you reducing it by  $150 million below last                                                                
year's level adjusted for inflation?"  He shared that either one                                                                
would be an accurate description of the governor's plan.                                                                        
                                                                                                                                
CHAIR CLAMAN asked for clarification on whether the $150 million                                                                
reduction can be  thought of as a reduction from  the prior year                                                                
adjusted upward  for inflation,  or $100 million  reduction also                                                                
adjusted for inflation.                                                                                                         
                                                                                                                                
MR. PAINTER said that is how the comparisons appear.                                                                            
                                                                                                                                
CHAIR CLAMAN  asked whether  the $150 million  is all  in agency                                                                
operations or if it is the statewide capital or any of the other                                                                
differences.                                                                                                                    
                                                                                                                                
MR. PAINTER said he understands that  to be true but declined to                                                                
speak for the administration on that matter.                                                                                    
                                                                                                                                
CHAIR CLAMAN asked whether it's  true based on the analysis with                                                                
which the Legislative Finance Division is working.                                                                              
                                                                                                                                
MR. PAINTER answered yes.                                                                                                       
                                                                                                                                
CHAIR CLAMAN asked whether  that means, for FY 23 and  FY 24, if                                                                
the  state was  unable to  achieve those  reductions in  each of                                                                
those years  and also add in  the revenue proposals that  are in                                                                
some  of the  governor's plans,  the state  would be  at a  $500                                                                
million  to  $600  million  revenue  need  to  keep  the  budget                                                                
balanced, not a $300 million revenue need.                                                                                      
                                                                                                                                
MR.  PAINTER stated  that  is correct.   If  the  budget is  not                                                                
reduced  as   the  governor   is  proposing   and  the   PFD  is                                                                
constitutionalized so that it is no longer "a lever" that can be                                                                
used  to balance  the  budget,  it would  come  down to  revenue                                                                
increases of that size in order to balance the budget.                                                                          
                                                                                                                                
2:08:03 PM                                                                                                                    
                                                                                                                                
MR.  PAINTER  continued  on  slide 8,  "Analysis  of  Governor's                                                                
Comprehensive  Fiscal Plan,"  which  read  as follows  [original                                                                
punctuation provided]:                                                                                                          
                                                                                                                                
      • Governor uses OMB 10-year plan for spending, which                                                                      
     has nearly $5 billion less spending over FY22-30 than                                                                      
     current policies reflected in LFD baseline                                                                                 
       • Adds $300 million in new revenue (or additional                                                                        
     budget reductions) beginning midway through FY24                                                                           
     • Constitutionalizes PFD at 50% of POMV draw                                                                               
                                                                                                                                
MR. PAINTER  advanced to slide  9, "Fiscal Model:  Governor's PF                                                                
Plan with  LFD's Baseline  Spending Assumptions,"  and explained                                                                
that this  shows some  results of the  fiscal modeling  that has                                                                
been done.   He explained that the graphs on  the slide depict a                                                                
situation with only  the revenue portion of  the governor's plan                                                                
and not the  spending side.  He  explained that without spending                                                                
reductions, there  would still  be a  significant deficit.   The                                                                
graph on the  right relates to budget  reserve balances, and the                                                                
graph on  the left compares the  unrestricted general fund (UGF)                                                                
to the  budget, he  said.   In this scenario,  if there  are not                                                                
budget reductions, it would result  in an "unfilled budget hole"                                                                
in FY 25 and beyond.                                                                                                            
                                                                                                                                
2:10:37 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked Mr.  Painter for clarification on whether the                                                                
dotted line that reflects the  budget that includes the dividend                                                                
is  assuming the  50/50 split  dividend that's  estimated to  be                                                                
$2,300.                                                                                                                         
                                                                                                                                
MR.  PAINTER responded  yes,  that represents  the $300  million                                                                
revenue, but not the spending.                                                                                                  
                                                                                                                                
2:11:12 PM                                                                                                                    
                                                                                                                                
MR. PAINTER continued on slide  10, "Fiscal Model: Governor's PF                                                                
Plan with Governor's Spending Plan," which depicted numbers that                                                                
are very similar to those from the administration.  He explained                                                                
that  the  graphs  on  this  slide show  a  scenario  where  the                                                                
governor's  spending reduction  is implemented,  in addition  to                                                                
spending reductions.  The surplus deficit numbers start out with                                                                
deficit of $1.4  billion but shrink rapidly  towards achieving a                                                                
balanced budget  in FY 27.   He  explained that the  CBR balance                                                                
seen on  the graph  on the right  starts growing as  the surplus                                                                
goes into the CBR in  those years.  He noted that the division's                                                                
modeling   matches  the   administration's   numbers  when   the                                                                
aforementioned assumptions are also considered.                                                                                 
                                                                                                                                
MR. PAINTER continued to slide  11, "Fiscal Model: Governor's PF                                                                
Plan  with Governor's  Spending  Plan," and  explained that  the                                                                
governor's  plan works  fiscally  if  the  budget reductions  in                                                                
revenue are agreed  upon based on the  current revenue forecast.                                                                
The division's modeling  on slide 10 shows that  if those things                                                                
occur, the  50/50 dividend and constitutionalizing the  PCE plan                                                                
balance the budget.  He added  that if oil revenue is lower than                                                                
the  spring  forecast,  there  would  need  to  be  more  budget                                                                
reductions or more new revenue to balance the budget as compared                                                                
to what is  seen in the governor's plan.   He continued that the                                                                
state  is unable  to achieve  the spending  reductions that  the                                                                
governor is proposing, more revenue would need to be included in                                                                
order to make up for  it.  He explained that the legislature has                                                                
four  main levers  to balance  the  budget:   draw  from savings                                                                
accounts,  reduce  the  PFD,  reduce  the  budget,  or  increase                                                                
revenue.  The governor's plan removes the first two options.  If                                                                
there  is reduced  plan below  the forecast,  he said,  then the                                                                
latter two  options would be  the only ones  available.  Without                                                                
ERA  access  or significant  savings  balances, the  legislature                                                                
would be forced to  act swiftly to resolve any fiscal imbalances                                                                
in the future.                                                                                                                  
                                                                                                                                
MR. PAINTER made a correction that  slide 9 does not include the                                                                
$300 million in new revenue; it simply represents the 50/50 plan                                                                
with no other policy intervention.                                                                                              
                                                                                                                                
2:15:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SNYDER  pointed   out   that   in  a   previous                                                                
presentation by the commissioner, the projected surplus was $393                                                                
million by FY 30; she asked if that surplus corresponds with the                                                                
projections provided  by the  division's models.   Additionally,                                                                
she  offered  her understanding  that  the  calculation of  $393                                                                
million was  based off  the assumption  that some  existing debt                                                                
would  be paid  off,  including  school bond  debt  and oil  tax                                                                
credits.  She predicted that there may be future debt that would                                                                
eat into that surplus.  She asked if it's reasonable to expect a                                                                
surplus based on historical accumulation of debt.                                                                               
                                                                                                                                
MR. PAINTER  said with the governor's  spending assumptions, the                                                                
division's modeling shows  a surplus of  $395 million in  FY 30,                                                                
which is almost exactly the  same.  Regarding debt, he clarified                                                                
that new  credit cannot be earned  for oil tax  credits, so it's                                                                
just a matter of when that's paid off.  He explained that in the                                                                
baseline assumption, which assumes that  the statute is followed                                                                
and $114 million is paid this year followed by $117 million next                                                                
year and so forth, [the oil tax  credit] would be paid off in FY                                                                
27.   Regarding  school debt  reimbursement, he  noted that  the                                                                
moratorium  on  new  debt  was  extended  through  FY  25.    He                                                                
acknowledged that the division's modeling is low for school bond                                                                
debt reimbursement due to the  assumption that no new debt comes                                                                
in after  the moratorium is lifted.   He speculated that  if the                                                                
moratorium is allowed to lift in FY  25, there would be new debt                                                                
added on in  future years.  Nonetheless, he pointed  out that in                                                                
the governor's  plan, the  legislature would  only fund  half of                                                                
that, so the  amount would be relatively small.   Another factor                                                                
that has been discussed by the administration, he said, is using                                                                
bonding to make  up for restrained capital  budgets, which would                                                                
also reduce the surplus.                                                                                                        
                                                                                                                                
2:20:24 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN returned to slide 9 and remarked:                                                                                  
                                                                                                                                
     So, the difference between  the governor's budget line                                                                     
     and the revenue projections, if we had $300 million in                                                                     
     new  revenue  starting  in  FY 25,  would  that  be  a                                                                     
     balanced budget on this slide?                                                                                             
                                                                                                                                
MR. PAINTER responded no, there would still be a deficit.                                                                       
                                                                                                                                
CHAIR  CLAMAN questioned whether  the  current amount  that [the                                                                
legislature] owes to the CBR is $11-12 billion.                                                                                 
                                                                                                                                
MR.  PAINTER said  after  the books  are closed  on  FY 21,  the                                                                
current estimate is $11 billion or $12 billion assuming that the                                                                
sweep is reversed.                                                                                                              
                                                                                                                                
CHAIR  CLAMAN in  reference to  Representative  Snyder's earlier                                                                
question to DOR about the $3 million bridge draw, inquired about                                                                
the pros and cons to  passing revenue first from a fiscal policy                                                                
perspective.                                                                                                                    
                                                                                                                                
MR.  PAINTER   relayed  from   a  purely   fiscal,  nonpolitical                                                                
perspective, the  sooner any  intervention is  done  the better,                                                                
because more would  be left in savings.   He opined that waiting                                                                
would be  a political call not  a fiscal call.   Nonetheless, he                                                                
said  [the legislature]  would not  want  to balance  the FY  22                                                                
budget given the delay  in revenue coming on.   He added that if                                                                
something  were passed  now, it  could "come  online" by  midway                                                                
through FY  23, versus  postponing for another  year or  two and                                                                
waiting even longer for the revenue.                                                                                            
                                                                                                                                
2:24:10 PM                                                                                                                    
                                                                                                                                
MR. PAINTER noted  that the joint document, titled  "OMB and LFD                                                                
Fiscal Model Assumptions" [included in the committee packet], is                                                                
a "handy" reference to see  the differences that the governor is                                                                
proposing in terms of spending.  He added that the document lays                                                                
out  all  the   assumptions,  which  clearly  illustrates  those                                                                
differences against the baseline.                                                                                               
                                                                                                                                
2:24:48 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN directed attention to the last row on that document                                                                
and asked  Mr. Painter to highlight the  key differences between                                                                
Legislative  Finance Division  assumptions  and DOR  assumptions                                                                
pertaining to the dividend.                                                                                                     
                                                                                                                                
MR. PAINTER  responded that he  is not aware  of any significant                                                                
differences.    He   noted  that  on  the   number  of  eligible                                                                
applicants, the division has been  assuming that the same number                                                                
of  applicants received  the dividend  in  FY 22  as  in FY  21.                                                                
Additionally, the  division is  assuming that the  Department of                                                                
Labor  &  Workforce  Development's  (DLWD's)  population  growth                                                                
forecast holds true in subsequent years.   He said he's not sure                                                                
if DOR is using DOL's forecast, as it is slightly dated.                                                                        
                                                                                                                                
CHAIR CLAMAN pointed  out that there is  an actuarial evaluation                                                                
on retirement as  of September 2020 on OMB and  December 2020 on                                                                
LFD.  He asked if there is a significant difference in those.                                                                   
                                                                                                                                
MR. PAINTER confirmed that  there is [a significant difference.]                                                                
He explained that in FY  20, there were actuarial losses because                                                                
the earnings were about 2 percent versus the actuarially assumed                                                                
7.3  percent;  therefore, using  the  draft  numbers that  would                                                                
likely be  adopted in two  weeks of  the ARM Board  meeting, the                                                                
numbers end up being the same in FY 22, very close in FY 23, and                                                                
further apart in FY 24-30 - about  $40 million in FY 24 to $66.8                                                                
million higher in FY 30.                                                                                                        
                                                                                                                                
CHAIR CLAMAN asked which number is higher.                                                                                      
                                                                                                                                
MR.  PAINTER  reported  that  the division's  number  is  higher                                                                
because the division is incorporating the FY 20 actuarial loss.                                                                 
                                                                                                                                
CHAIR  CLAMAN sought  verification that  the  division's [model]                                                                
shows a better picture of retirement than OMB.                                                                                  
                                                                                                                                
MR. PAINTER clarified  that the division is  using draft numbers                                                                
and OMB  is using official numbers, which  means that currently,                                                                
the  division has  a  less optimistic  picture  that shows  more                                                                
spending.    If the  same  pattern  held  true  with the  FY  21                                                                
actuarial results,  which are  going to  be positive,  OMB would                                                                
have a more pessimistic assumption and in December, the Division                                                                
of  Legislative  Finance  would  switch  to  a  more  optimistic                                                                
assumption.   He emphasized that  the division's ability  to use                                                                
unofficial  numbers indicates  that  its  numbers are  currently                                                                
higher; however, he offered his belief that next year that would                                                                
be in the opposite.                                                                                                             
                                                                                                                                
2:28:49 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN invited comments or observations from DOR.                                                                         
                                                                                                                                
2:29:10 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   MAHONEY  acknowledged   that   the  majority   of                                                                
differences between the two models  relate to the spending plan.                                                                
She relayed that the governor is focused on continuing to reduce                                                                
spending.   Additionally,  she  pointed out  that  in regard  to                                                                
calculating the POMV  revenue, both the  Division of Legislative                                                                
Finance and  DOR used  approximately $77.6  billion.   She noted                                                                
that yesterday  that number  was $80.6 billion,  which indicates                                                                
that it  is already up $3  billion from the end  of April, which                                                                
suggests  that when  these  numbers are  recalculated, the  POMV                                                                
would continue  to increase.   Furthermore, she  recognized that                                                                
there  are differences  in some  non-policy-related assumptions.                                                                
Her plan, she said, is to work  with both OMB and LFD to come to                                                                
a  consensus  on  some   [smaller  item]  assumptions,  such  as                                                                
inflation, to "take the noise" out  of this analysis, so that in                                                                
the future,  conversations could be  focused more on  the policy                                                                
aspect of the governor's plans.                                                                                                 
                                                                                                                                
2:31:29 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  returned to  the  statement  that 70  percent  of                                                                
Harvard University is funded through its endowment.  He asked if                                                                
Commissioner Mahoney  had performed additional research  on that                                                                
figure.                                                                                                                         
                                                                                                                                
COMMISSIONER MAHONEY  acknowledged that she had  speculated that                                                                
the Harvard endowment funded  70 percent of Harvard University's                                                                
operating budget;  however, this past  year, it was  37 percent.                                                                
She directed attention to a  document, titled "Harvard Will Draw                                                                
Further from  Endowment in  FY2022  Than Planned,  Citing Strong                                                                
Market Returns"  [hard copy  included in the  committee packet],                                                                
which  addresses the  reasons why  Harvard decided  to make  the                                                                
overdraw.    She  expounded  that the  article  recognizes  that                                                                
Harvard,  like many  colleges, experienced  deficits during  the                                                                
pandemic,  but the  objective of  increasing their  draw to  2.5                                                                
percent more was about strong market  returns.  She said the CFO                                                                
and  VP  of  Finance  were  quoted  saying  that  the  draw  "is                                                                
consistent with  their intent  on distributing  as much  as they                                                                
responsibly can of  the endowment to support all  of the endowed                                                                
research and  teaching activities vital  to their mission."   In                                                                
closing,  she maintained  that  the unstructured  draw from  the                                                                
permanent  fund,  which  the  governor is  proposing,  does  not                                                                
compromise the principal or the inflation proofing of the fund.                                                                 
                                                                                                                                
2:33:53 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that CSHJR 7(STA) was held over.                                                                         

Document Name Date/Time Subjects
HJR 7 v. B 5.10.2021.PDF HJUD 5/24/2021 1:00:00 PM
HJUD 6/2/2021 1:00:00 PM
HJR 7
HJR 7 Transmittal Letter 1.19.2021.pdf HJUD 5/24/2021 1:00:00 PM
HJUD 6/2/2021 1:00:00 PM
HJR 7
HJR 7 Sectional Analysis v. B 5.24.2021.pdf HJUD 5/24/2021 1:00:00 PM
HJUD 6/2/2021 1:00:00 PM
HJR 7
HJR 7 Fiscal Note OOG-DOE 1.8.2021.pdf HJUD 5/24/2021 1:00:00 PM
HJUD 6/2/2021 1:00:00 PM
HJR 7
HJR 7 PowerPoint Presentation 5.24.2021.pdf HJUD 5/24/2021 1:00:00 PM
HJUD 6/2/2021 1:00:00 PM
HJR 7
Legislative Finance Division Analysis of Governor's Fiscal Plan PowerPoint Presentation 6.2.2021.pdf HJUD 6/2/2021 1:00:00 PM
HJR 7
HJR 7 Additional Document - OMB and LFD Fiscal Model Assumption Comparison 6.2.2021.pdf HJUD 6/2/2021 1:00:00 PM
HJR 7
HJR 7 Additional Document - Harvard's Endowment (Distributed by HJUD Committee) 6.2.2021.pdf HJUD 6/2/2021 1:00:00 PM
HJR 7
HJR 7 Additional Document - Harvard Will Draw Further From Endowment in FY2022 Than Planned, Citing Strong Market Returns 5.3.2021.pdf HJUD 6/2/2021 1:00:00 PM
HJR 7