Legislature(2021 - 2022)ADAMS 519

02/23/2022 09:00 AM House FINANCE

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Audio Topic
09:18:44 AM Start
09:19:12 AM HB281 || HB282
09:19:15 AM Overview: Governor's Budget Amendments
09:36:51 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued from 02/22/22 --
+= HB 281 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Heard & Held
+= HB 282 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
+ Overview: Department of Environmental TELECONFERENCED
Conservation by Commissioner Jason Brune and
Ruth Kostik, Administrative Services Director
+ Overview: Governor's Budget Amendments by TELECONFERENCED
Neil Steininger, Director, Office of Management
Budget
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 281                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     loan  program  expenses  of state  government  and  for                                                                    
     certain   programs;    capitalizing   funds;   amending                                                                    
     appropriations;    making   reappropriations;    making                                                                    
     supplemental   appropriations;  making   appropriations                                                                    
     under art.  IX, sec.  17(c), Constitution of  the State                                                                    
     of  Alaska,  from  the  constitutional  budget  reserve                                                                    
     fund; and providing for an effective date."                                                                                
                                                                                                                                
HOUSE BILL NO. 282                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     capital    expenses   of    the   state's    integrated                                                                    
     comprehensive  mental  health program;  making  capital                                                                    
     appropriations  and  supplemental  appropriations;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:19:12 AM                                                                                                                    
                                                                                                                                
^OVERVIEW: GOVERNOR'S BUDGET AMENDMENTS                                                                                       
                                                                                                                                
9:19:15 AM                                                                                                                    
                                                                                                                                
Co-Chair  Foster asked  Mr. Steininger  to  provide a  brief                                                                    
summary  of  governor's  FY 23  operating  budget  amendment                                                                    
items discussed the previous day.                                                                                               
                                                                                                                                
NEIL STEININGER, DIRECTOR, OFFICE  OF MANAGEMENT AND BUDGET,                                                                    
OFFICE OF  THE GOVERNOR, continued to  review the governor's                                                                    
budget  amendments  discussed  the  previous  afternoon.  He                                                                    
summarized  that  the governor's  amendments  to  the FY  23                                                                    
operating  budget  totaled   $27  million,  including  $14.8                                                                    
million in  unrestricted general  funds (UGF). The  cost was                                                                    
primarily  associated with  bargaining unit  cost of  living                                                                    
adjustments  (COLA)  for  the Alaska  Correctional  Officers                                                                    
Association (ACOA) and  Labor Trades and Crafts  (LTC) and a                                                                    
$10  million   initiative  in   the  Office   of  Children's                                                                    
Services, of which $7 million came from UGF.                                                                                    
                                                                                                                                
9:21:42 AM                                                                                                                    
                                                                                                                                
Mr.  Steininger  referenced  a  spreadsheet  titled  "FY2023                                                                    
Capital Governor Amended," dated  February 14, 2022 (copy on                                                                    
file). He began  with item 1 for the Kodiak  Fire Station at                                                                    
a cost of $15 million  to address the existing "dilapidated"                                                                    
fire  station. The  item  was a  project  in the  governor's                                                                    
general  obligation  (GO)  bond   package  added  after  the                                                                    
December  15 budget  release  and included  in  the GO  bond                                                                    
bill.  Item 2  was  an  update to  the  description for  the                                                                    
Nenana fire  hall, another project  in the GO  bond package.                                                                    
The  description  had  been updated  to  include  additional                                                                    
detail and correct the name of the named recipient.                                                                             
                                                                                                                                
Representative Wool  asked who  the named recipient  for the                                                                    
Nenana fire station was.                                                                                                        
                                                                                                                                
Mr. Steininger answered, "The City of Nenana."                                                                                  
                                                                                                                                
Mr.  Steininger   moved  to  item   3,  an  update   to  the                                                                    
description   associated   with   the  Kenai   River   bluff                                                                    
stabilization  GO  bond  project. The  description  included                                                                    
additional detail  that came out  during discussions  of the                                                                    
bond package in another committee.  Item 4 was a description                                                                    
update  for the  Seward  freight dock  expansion project  to                                                                    
correct some incorrect information.  The project was also in                                                                    
the GO bond package.                                                                                                            
                                                                                                                                
Representative  Edgmon  asked   if  the  administration  was                                                                    
soliciting  projects for  the GO  bond package.  He reported                                                                    
that a  community in his  district had received a  call from                                                                    
the administration asking what it  wanted in terms of the GO                                                                    
bond package.                                                                                                                   
                                                                                                                                
Mr. Steininger  replied affirmatively. He detailed  that the                                                                    
administration  was  continuing  to work  with  stakeholders                                                                    
around  the  state  to identify  whether  there  were  other                                                                    
projects (that could enhance support  in communities for the                                                                    
bond package)  that may not  have come to light  in November                                                                    
when the GO bond package had been developed.                                                                                    
                                                                                                                                
Representative   Edgmon  highlighted   that  the   [GO  bond                                                                    
package]  bill   was  still  under  consideration   [by  the                                                                    
legislature]. He  remarked that  should the bill  go forward                                                                    
there  would be  a  lot of  attention  with some  contention                                                                    
because  the  bills  were  complicated  from  all  different                                                                    
angles, including the political aspect.                                                                                         
                                                                                                                                
9:24:58 AM                                                                                                                    
                                                                                                                                
Mr. Steininger  moved to item  5, a  change to the  scope of                                                                    
the  Mariculture Incentive  Grant  Program  included in  the                                                                    
December 15  budget. The scope change  added clarity related                                                                    
to program  management. He explained the  original scope put                                                                    
forward on the $25 million  grant program was somewhat light                                                                    
on  the  operational  details.   He  elaborated  that  since                                                                    
December  15,  the  Department of  Commerce,  Community  and                                                                    
Economic Development had worked  with the Alaska Mariculture                                                                    
Alliance to  refine some of  the details describing  how the                                                                    
grants would go out.                                                                                                            
                                                                                                                                
Representative  LeBon asked  if  the funding  for the  grant                                                                    
program was UGF.                                                                                                                
                                                                                                                                
Mr. Steininger  answered that the funding  was from American                                                                    
Rescue Plan Act (ARPA) discretionary funds.                                                                                     
                                                                                                                                
Mr.  Steininger moved  to  item  6, a  new  project for  air                                                                    
quality  monitoring under  the  Department of  Environmental                                                                    
Conservation. He  noted that the $650,000  federal grant was                                                                    
not associated with the federal infrastructure bill.                                                                            
                                                                                                                                
Representative  Johnson   asked  for   a  list  of   the  15                                                                    
additional communities associated with item 6.                                                                                  
                                                                                                                                
Mr.  Steininger  would follow  up  with  the information  in                                                                    
writing.                                                                                                                        
                                                                                                                                
9:26:41 AM                                                                                                                    
                                                                                                                                
Mr.  Steininger moved  to item  7, an  appropriation for  an                                                                    
existing  Department of  Health and  Social Services  (DHSS)                                                                    
maintenance    project.   He    explained   that    as   the                                                                    
administration  was   splitting  the  department   into  two                                                                    
separate  departments, it  was identifying  existing capital                                                                    
projects and  making certain  to point  them to  the correct                                                                    
department.  The specific  project  included in  item 7  had                                                                    
been  inadvertently   missed  in  the   governor's  original                                                                    
budget. Item  8 was $1.2  million UGF for the  Department of                                                                    
Natural  Resources  (DNR)  for   research  into  Cook  Inlet                                                                    
petroleum  potential.   The  research  would   increase  the                                                                    
publicly  available   data  for  the  region,   which  would                                                                    
hopefully support the  development of new finds.  Item 9 was                                                                    
a scope change for  the Agriculture Incentive Grant Program.                                                                    
The  item  added  additional  detail to  the  plan  for  DNR                                                                    
associated with  the way the  program would  be implemented.                                                                    
The program  was funded via ARPA  discretionary relief funds                                                                    
in the amount  of $25 million. Item 10 was  $2.5 million UGF                                                                    
to the University  of Alaska Fairbanks at  the Alaska Center                                                                    
for Energy  and Power  (ACEP) to  look into  emerging energy                                                                    
opportunities including micronuclear research.                                                                                  
                                                                                                                                
9:28:19 AM                                                                                                                    
                                                                                                                                
Representative  LeBon asked  if item  6 related  to enhanced                                                                    
air  quality  monitoring  was in  response  to  any  federal                                                                    
requirements or expectations. He  echoed the request made by                                                                    
Representative  Johnson   to  receive  a  list   of  the  15                                                                    
communities affiliated with the item.                                                                                           
                                                                                                                                
Mr.  Steininger  would   follow  up  with  a   list  of  the                                                                    
communities. He noted the grant  was federal, but he did not                                                                    
know  whether  it was  in  response  to changes  in  federal                                                                    
regulation.                                                                                                                     
                                                                                                                                
Representative  Wool  referenced  the increment  related  to                                                                    
emerging  energy  under  item   10.  He  remarked  that  the                                                                    
university  had  mentioned  the  funding  in  the  past.  He                                                                    
thought as  presented in  the past,  the item  was primarily                                                                    
for  micronuclear [research].  He highlighted  that item  10                                                                    
merely  stated the  research  may  include micronuclear.  He                                                                    
asked if ACEP would be allowed  to decide where to apply the                                                                    
funds and to choose the kind of energy technologies.                                                                            
                                                                                                                                
Mr.  Steininger agreed.  He stated  the  item was  primarily                                                                    
micronuclear   research   but   gave  the   university   the                                                                    
flexibility to  pursue a different  opportunity if  a better                                                                    
one came along.                                                                                                                 
                                                                                                                                
9:29:54 AM                                                                                                                    
                                                                                                                                
Mr.  Steininger  moved  to   a  spreadsheet  titled  "FY2022                                                                    
Supplemental  Governor  Amended,"  dated February  14,  2022                                                                    
(copy on file).  He noted there was also  a separate summary                                                                    
to  show detail  about the  supplemental appropriations  and                                                                    
where they  were included. Items  1 through 4  were projects                                                                    
recommended by  the Exxon Valdez  Oil Spill  Trustee Council                                                                    
paid for with the Exxon  Valdez Oil Spill Settlement (EVOSS)                                                                    
fund  or  the  Exxon  Valdez  Oil  Spill  Trust.  The  items                                                                    
included  funding  for  an Alaska  Sealife  Center  facility                                                                    
project,   an  archeological   repository,   a  museum   and                                                                    
archeological   repository,  and   a   Science  Center   and                                                                    
Technology Institute  facilities replacement for a  total of                                                                    
$22  million. Items  5 and  6 were  adjustments to  existing                                                                    
projects  in the  FY 22  supplemental  budget. The  projects                                                                    
were  operated by  the Department  of Corrections  (DOC) for                                                                    
Hiland  Mountain   intake  and   for  the   Yukon  Kuskokwim                                                                    
Correctional  Center  recreational  area.  He  detailed  the                                                                    
costs  reflected downward  adjustments  in the  cost of  the                                                                    
projects. He communicated  the plan was for  DOC to directly                                                                    
manage   the  projects   rather  than   going  through   the                                                                    
Department  of Transportation  and Public  Facilities (DOT).                                                                    
He noted  the change would save  a bit of money  by avoiding                                                                    
the fee  DOT was  required to charge  per federal  rules. He                                                                    
reported that DOC had the  capability to manage the projects                                                                    
in-house.                                                                                                                       
                                                                                                                                
9:31:55 AM                                                                                                                    
                                                                                                                                
Mr.  Steininger advanced  to item  7 related  to the  Alaska                                                                    
Seafood Marketing Institute (ASMI)  to extend the lapse date                                                                    
of an existing appropriation  that would otherwise expire at                                                                    
the end of the current  fiscal year. The change would enable                                                                    
the appropriation to  continue through the full  term of the                                                                    
federal  funds.  He  added the  item  was  federally  funded                                                                    
through ARPA. Item 8 was  related to judgments, settlements,                                                                    
and  claims against  the  state in  the  amount of  $876,600                                                                    
through special appropriations.                                                                                                 
                                                                                                                                
Co-Chair Foster thought the  other handouts likely explained                                                                    
the information.                                                                                                                
                                                                                                                                
Mr.  Steininger  agreed.  He  referenced  a  memo  from  the                                                                    
Department  of  Law to  the  co-chairs  [dated February  16,                                                                    
2022] (copy  on file) explaining the  issues surrounding the                                                                    
settlement.                                                                                                                     
                                                                                                                                
Co-Chair Foster requested additional detail.                                                                                    
                                                                                                                                
Mr.  Steininger  explained  that the  Blanford  v.  Dunleavy                                                                    
settlement  totaled  $495,000  against  the  state  for  two                                                                    
different  parties.  He  elaborated  that  the  case  was  a                                                                    
wrongful termination suit against the state.                                                                                    
                                                                                                                                
Co-Chair  Merrick asked  if the  $495,000 included  attorney                                                                    
fees for plaintiffs and defendants.                                                                                             
                                                                                                                                
Mr. Steininger answered that the  $495,000 included fees for                                                                    
the plaintiffs only.                                                                                                            
                                                                                                                                
Co-Chair  Merrick asked  if there  would be  additional fees                                                                    
for the defense attorneys.                                                                                                      
                                                                                                                                
Mr. Steininger answered  that the cost for  defense would be                                                                    
borne within the  Department of Law budget.  He would follow                                                                    
up with the information on cost.                                                                                                
                                                                                                                                
Representative   Josephson  remarked   that  he   had  spent                                                                    
considerable  time reviewing  the  settlement documents  and                                                                    
talking  to people  about the  case. He  explained that  the                                                                    
American  Civil Liberties  Union  (ACLU)  had dismissed  the                                                                    
action  with prejudice,  which generally  meant  it was  not                                                                    
possible  to  come  back  and  the  only  way  to  fund  the                                                                    
settlement  was  through  the legislature.  He  stated  that                                                                    
rather  than dismissing  the action  after being  assured of                                                                    
payment,   the   settlement   spoke   to   the   legislature                                                                    
appropriating the money. He highlighted  there was a dispute                                                                    
about  whether the  legislature  should do  so.  He noted  a                                                                    
statement  had been  received [by  the plaintiffs]  that the                                                                    
state should  not have done  what it did by  terminating the                                                                    
two psychiatrists, but it was not called an admission.                                                                          
                                                                                                                                
Co-Chair  Foster  stated  his   understanding  that  if  the                                                                    
legislature did not pay, it  was likely the plaintiffs would                                                                    
not receive the agreed upon settlement.                                                                                         
                                                                                                                                
Representative Josephson agreed.                                                                                                
                                                                                                                                
9:36:05 AM                                                                                                                    
                                                                                                                                
Co-Chair  Foster  asked  if Mr.  Steininger  had  additional                                                                    
comments on the amendments.                                                                                                     
                                                                                                                                
Mr.  Steininger answered  that he  did not.  He thanked  the                                                                    
committee.                                                                                                                      
                                                                                                                                
Co-Chair  Foster reviewed  the  schedule  for the  afternoon                                                                    
meeting.                                                                                                                        
                                                                                                                                
HB 281 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
HB 282 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                

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