Legislature(2021 - 2022)SENATE FINANCE 532

04/26/2021 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 128 APPROP: SPECIAL; AMERICAN RESCUE PLAN ACT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 64 SHELLFISH PROJECTS; HATCHERIES; FEES TELECONFERENCED
Moved CSSB 64(FIN) Out of Committee
SENATE BILL NO. 128                                                                                                           
                                                                                                                                
     "An Act making special appropriations relating to the                                                                      
     American Rescue Plan Act; and providing for an                                                                             
     effective date."                                                                                                           
                                                                                                                                
9:09:33 AM                                                                                                                    
                                                                                                                                
PALOMA HARBOUR, FISCAL  MANAGEMENT PRACTICES ANALYST, OFFICE                                                                    
OF MANAGEMENT AND BUDGET, OFFICE  OF THE GOVERNOR, discussed                                                                    
the  presentation, "Senate  Finance SB  128 ARP  Budget Bill                                                                    
Overview" (copy on file).                                                                                                       
                                                                                                                                
Senator Wielechowski wondered whether  the committee had any                                                                    
discretion on the first several pages of items.                                                                                 
                                                                                                                                
Ms. Harbour replied that once  the funding was accepted, the                                                                    
funds  must be  administered according  to the  prescription                                                                    
outlined from the federal government.                                                                                           
                                                                                                                                
Senator Wielechowski  wanted to know where  specifically the                                                                    
legislature had spending discretion.                                                                                            
                                                                                                                                
Ms. Harbour looked  at slide 2, "American  Rescue Plan (ARP)                                                                    
-State Agency Program Specific Grants":                                                                                         
                                                                                                                                
     Education and Early Development included in the bill                                                                       
          ?Institute of Museum and Library Services Funds                                                                       
          $2.2 million                                                                                                          
          ?National Endowment for the Arts Funding $758.7                                                                       
          thousand (estimate)                                                                                                   
                                                                                                                                
     Education and Early Development not included in the                                                                        
     bill                                                                                                                       
          ?Emergency Education Relief Funds awaiting state                                                                      
          maintenance of effort guidance; received 4/19 and                                                                     
          currently under evaluation                                                                                            
          ?Child Nutrition Program awaiting funding and                                                                         
          program information                                                                                                   
                                                                                                                                
     Environmental Conservation not included in the bill                                                                        
          ?Low Income Household Water Assistance Program                                                                        
          Funds awaiting funding and program information                                                                        
                                                                                                                                
     Health and Social Services included in the bill                                                                            
          ?CDC Funding for COVID-19 Testing (primarily                                                                          
          school and underprivileged testing) $22.0 million                                                                     
          ?CDC  Funding  for   COVID-19  Vaccinations  $32.4                                                                    
          million                                                                                                               
          ?ACF Funding for Pandemic Emergency Assistance                                                                        
          $3.4 million                                                                                                          
                                                                                                                                
9:15:33 AM                                                                                                                    
                                                                                                                                
Senator von Imhof  looked at the first bullet  in the slide.                                                                    
She wondered  whether the  money would  be spread  over four                                                                    
years, or for each year.                                                                                                        
                                                                                                                                
Ms. Harbour  replied that  the money  would be  a multi-year                                                                    
appropriation spread over the years.                                                                                            
                                                                                                                                
Senator von Imhof wondered whether  there was a prescription                                                                    
of how the money was allocated.                                                                                                 
                                                                                                                                
Ms. Harbour  responded that there  would be  a determination                                                                    
program  by program  to  determine how  the  money could  be                                                                    
spent.                                                                                                                          
                                                                                                                                
Senator  von Imhof  wondered whether  the money  would be  a                                                                    
designated fund.                                                                                                                
                                                                                                                                
Ms.  Harbour  replied  that it  would  probably  be  federal                                                                    
appropriation  in  the  Department of  Education  and  Early                                                                    
Development  (DEED),  and  then reimbursed  by  the  federal                                                                    
government.                                                                                                                     
                                                                                                                                
Co-Chair Stedman  surmised that the appropriations  could be                                                                    
done over time.                                                                                                                 
                                                                                                                                
Ms.   Harbour  replied   that  there   were  timelines   for                                                                    
distributing the grants.                                                                                                        
                                                                                                                                
Co-Chair Stedman queried the flexibility of the committee.                                                                      
                                                                                                                                
Ms. Harbour  replied that  she was  fairly certain  that the                                                                    
appropriation needed to  be made for multiple  years in year                                                                    
one.                                                                                                                            
                                                                                                                                
Senator von  Imhof wondered why  there were  different years                                                                    
designated in the bill.                                                                                                         
                                                                                                                                
Ms.  Harbour replied  that it  was  in order  for the  grant                                                                    
recipients to know the timeframe to spend the money.                                                                            
                                                                                                                                
9:20:17 AM                                                                                                                    
                                                                                                                                
Co-Chair  Bishop   wondered  if  the  Child   Nutrition  was                                                                    
intended  to  provide  meals   to  children  throughout  the                                                                    
summer.                                                                                                                         
                                                                                                                                
Ms. Harbour replied in the affirmative.                                                                                         
                                                                                                                                
Senator  Wielechowski  asked  about  the  meeting  with  the                                                                    
federal  government related  to  the  maintenance of  effort                                                                    
(MOE).                                                                                                                          
                                                                                                                                
Ms. Harbour  replied in the affirmative,  and explained that                                                                    
the federal government  gave a walk through  of the guidance                                                                    
about how  to calculate the  MOE. She shared that  the state                                                                    
could seek a waiver if the MOE could not be met.                                                                                
                                                                                                                                
Co-Chair  Stedman remarked  that OMB  would come  to discuss                                                                    
the issue.                                                                                                                      
                                                                                                                                
Senator von Imhof wondered whether  the remaining $1 billion                                                                    
would be included in the bill.                                                                                                  
                                                                                                                                
Ms. Harbour replied  in the affirmative, and  stated that it                                                                    
was the presentation.                                                                                                           
                                                                                                                                
Senator  von Imhof  wondered whether  the legislature  could                                                                    
allocate the funds for the districts.                                                                                           
                                                                                                                                
Ms. Harbour  replied in  the negative.  She stated  that the                                                                    
federal  grant  specified that  it  must  be distributed  in                                                                    
accordance with the federal formula.                                                                                            
                                                                                                                                
Senator  von Imhof  noted  that there  was  $45 million  for                                                                    
Child  Stabilization   Grants,  and  wondered   whether  the                                                                    
legislature could direct the $45 million or the department.                                                                     
                                                                                                                                
Ms. Harbour replied that the  department would determine the                                                                    
direction  of  the funds  based  on  the guidance  from  the                                                                    
federal government.                                                                                                             
                                                                                                                                
Senator von  Imhof asked whether the  discussion was related                                                                    
to the $1.19 billion.                                                                                                           
                                                                                                                                
Ms. Harbour stated  that it was the second to  last slide of                                                                    
her presentation.                                                                                                               
                                                                                                                                
9:25:03 AM                                                                                                                    
                                                                                                                                
Senator von  Imhof disagreed, and  felt that the  slides had                                                                    
mixed money that the  legislature could determine allocation                                                                    
and  money   that  the  legislature  could   note  determine                                                                    
allocation.                                                                                                                     
                                                                                                                                
Ms. Harbour  replied that  the legislature  appropriated the                                                                    
federal receipt authority for all  the funding in all of the                                                                    
buckets. She  explained that she  was addressed  the details                                                                    
of  the  "buckets",  such  as  the  Childcare  Stabilization                                                                    
funding.                                                                                                                        
                                                                                                                                
Co-Chair Stedman  explained that there was  approximately $2                                                                    
billion,  and  shared the  details  of  how the  legislature                                                                    
could utilize those funds.                                                                                                      
                                                                                                                                
Senator Wilson  wondered whether the full  guidance would be                                                                    
provided on May 10.                                                                                                             
                                                                                                                                
Ms. Harbour replied in the affirmative.                                                                                         
                                                                                                                                
Senator Wilson  queried the probability  of a change  to the                                                                    
current guidance.                                                                                                               
                                                                                                                                
Ms.  Harbour replied  that it  was constantly  changing, and                                                                    
hoped   that   it  would   simply   be   additions  to   the                                                                    
appropriations list.                                                                                                            
                                                                                                                                
9:30:10 AM                                                                                                                    
                                                                                                                                
Senator von Imhof asked for  a specification of whether each                                                                    
item  was  part of  a  direct  grant  to the  department  or                                                                    
whether it was a discretionary item.                                                                                            
                                                                                                                                
Senator Hoffman  looked at the  last category on  the slide,                                                                    
and remarked  that the first  bullet related to  $22 million                                                                    
for  testing,  and  noted  that  it  said,  "underprivileged                                                                    
testing." He asked for that definition.                                                                                         
                                                                                                                                
Ms.  Harbour  clarified  that it  should  read  "underserved                                                                    
populations." She  explained that  it was fairly  broad, and                                                                    
hoped for more of a definition from the federal government.                                                                     
                                                                                                                                
Senator Hoffman  asked if "underserved" referred  to testing                                                                    
only. He wondered  why there was so much  money for testing,                                                                    
but only $10 million for vaccinations.                                                                                          
                                                                                                                                
Ms. Harbour  replied that the  allocations were in  ARP. The                                                                    
$22  million for  testing  was to  help  schools reopen  and                                                                    
scale  up testing  in  underserved  populations. She  stated                                                                    
that the  additional money for COVID  vaccinations was $32.4                                                                    
million.                                                                                                                        
                                                                                                                                
Ms. Harbour pointed  to slide 3, "ARP  -State Agency Program                                                                    
Specific Grants continued":                                                                                                     
                                                                                                                                
     Health and Social Services      included in the bill                                                                       
     (continued)                                                                                                                
          ?WIC Benefit Improvements $1.2 million (estimate)                                                                     
          ?Child Care Development  Fund Grants $28.4 million                                                                    
          (estimate)                                                                                                            
          ?Child  Care  Stabilization Grants  $45.5  million                                                                    
          (estimate)                                                                                                            
          ?Child  Abuse Prevention  Funding $291.0  thousand                                                                    
          (estimate)                                                                                                            
          ?Mental  Health Block  Grant Funding  $3.0 million                                                                    
          (estimate)                                                                                                            
          ?Substance Abuse Block  Grant Funding $4.7 million                                                                    
          (estimate)                                                                                                            
          ?LIHEAP Program Funding $23.7 million (estimate)                                                                      
          ?Supporting  Older  Americans and  their  Families                                                                    
          Funding $7.0 million (estimate)                                                                                       
          ?Pandemic   EBT    Administrative   Grant   $768.4                                                                    
          thousand (estimate)                                                                                                   
                                                                                                                                
     Health and Social Services not included in the bill                                                                        
          ?Child  Care  Assistance    awaiting  state  match                                                                    
          requirement guidance                                                                                                  
          ?Home   and   Community-Based  Services   Enhanced                                                                    
          Federal   Participation    awaiting  state   match                                                                    
          requirement guidance                                                                                                  
          ?Supplemental    Nutrition   Assistance    Program                                                                    
          Administrative  Grant  Increase  awaiting  funding                                                                    
          and program information                                                                                               
                                                                                                                                
Senator  Hoffman wondered  whether  the  $300,000 for  Child                                                                    
Abuse Prevention funding was required under a formula.                                                                          
                                                                                                                                
Ms.  Harbour deferred  to Department  of  Health and  Social                                                                    
Services (DHSS).                                                                                                                
                                                                                                                                
9:35:53 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  stressed  that the  presentation  in  the                                                                    
meeting  was intended  as an  introduction.  He stated  that                                                                    
there  may  be an  attempt  to  breakdown each  section  and                                                                    
subject in future meetings.                                                                                                     
                                                                                                                                
Co-Chair Bishop asked about the general fund match.                                                                             
                                                                                                                                
Ms. Harbour replied that she could not detail general fund                                                                      
match.                                                                                                                          
                                                                                                                                
Ms. Harbour addressed slide 4, "ARP -State Agency Program                                                                       
Specific Grants continued":                                                                                                     
                                                                                                                                
     Labor and Workforce Development included in the bill                                                                       
          ?Higher Education Emergency Relief Funds to AVTEC                                                                     
          $441.0 thousand (estimate)                                                                                            
          ?Unemployment   Insurance   System   Modernization                                                                    
          Funds $6.0 million (estimate)                                                                                         
                                                                                                                                
    Military and Veterans Affairs included in the bill                                                                          
          ?Emergency Management Grant $882.3 thousand                                                                           
          (estimate)                                                                                                            
                                                                                                                                
     Revenue not included in the bill                                                                                           
          ?Alaska   Housing   Finance   Corporation   (AHFC)                                                                    
         Grantspreviously submitted as amendments                                                                               
                                                                                                                                
     Transportation and Public Facilities included in the                                                                       
     bill                                                                                                                       
          ?Federal Transit Administration Grants $6.6                                                                           
          million                                                                                                               
                                                                                                                                
     Transportation and Public Facilities not included in                                                                       
     the bill                                                                                                                   
          ?Federal Aviation Administration Airport Grants                                                                       
         awaiting funding and program information                                                                               
                                                                                                                                
     University of Alaska included in the bill                                                                                  
          ?Higher Education Emergency Relief Funds to UA                                                                        
          $30.8 million (estimate)                                                                                              
                                                                                                                                
9:40:19 AM                                                                                                                    
                                                                                                                                
Ms. Harbour looked at slide 5, "ARP Coronavirus State and                                                                       
Local Fiscal Relief Fund (CSLFRF)":                                                                                             
                                                                                                                                
     Capital Projects Funding $112.3 million                                                                                    
          ?This is  a placeholder appropriation  included in                                                                    
          the  Governor's  ARP  package  to  be  refined  as                                                                    
          further  guidance is  made available,  anticipated                                                                    
          by May 10th.                                                                                                          
          ?Act  states,  "to   carry  out  critical  capital                                                                    
          projects  directly enabling  work, education,  and                                                                    
          health  monitoring, including  remote options,  in                                                                    
          response  to  the  public  health  emergency  with                                                                    
          respect to the Coronavirus Disease (COVID19)."                                                                        
          ?Use  of these  funds require  application to  the                                                                    
          Treasury for specific projects.                                                                                       
          ?Initial indications that  Treasury may limit this                                                                    
          to broadband projects.                                                                                                
                                                                                                                                
     Commerce Community Pass-Thru Funding $185.4 million                                                                        
     (estimate)                                                                                                                 
          ?Grants  to Alaska  communities  defined as  "non-                                                                    
          entitlement local  governments and  counties" that                                                                    
          will pass through Commerce                                                                                            
          ?Funding is based on a  formula established in the                                                                    
          Act and clarified by  Treasury, anticipated by May                                                                    
          10th.                                                                                                                 
                                                                                                                                
Co-Chair Stedman queried the definition of a "non-                                                                              
entitlement local government and counties."                                                                                     
                                                                                                                                
Ms. Harbour replied that the U.S. Senate provided initial                                                                       
estimates for allocations for those entities. She stated                                                                        
that the list was comprised of cities.                                                                                          
                                                                                                                                
Co-Chair Stedman surmised that it was a pre-described list.                                                                     
                                                                                                                                
Ms. Harbour agreed.                                                                                                             
                                                                                                                                
Co-Chair Stedman surmised that the committee must wait for                                                                      
guidance before appropriation.                                                                                                  
                                                                                                                                
Ms. Harbour agreed.                                                                                                             
                                                                                                                                
Co-Chair Bishop recommended a timeline for turnaround of                                                                        
the grant money.                                                                                                                
                                                                                                                                
Senator Olson  asked about the  unorganized boroughs  of the                                                                    
state.                                                                                                                          
                                                                                                                                
Ms.  Harbour  replied  that  the   census  areas  were  also                                                                    
included in the list.                                                                                                           
                                                                                                                                
Senator von Imhof wondered whether  the $185 million had any                                                                    
direction allowance for the legislature.                                                                                        
                                                                                                                                
Ms.  Harbour replied  that the  funding  would be  allocated                                                                    
directly to  communities based on  a formula set out  by the                                                                    
federal government.                                                                                                             
                                                                                                                                
9:45:20 AM                                                                                                                    
                                                                                                                                
Senator  von  Imhof queried  the  specific  sections of  the                                                                    
bill.                                                                                                                           
                                                                                                                                
Ms.  Harbour replied  that  Section 2  was  the funding  for                                                                    
local communities and Section 1(h) was the capital funding.                                                                     
                                                                                                                                
Senator von Imhof  asked that in the future  the sections be                                                                    
included in the presentation.                                                                                                   
                                                                                                                                
Ms. Harbour  highlighted slide 6, "ARP  CSLFRF State Funding                                                                    
Uses and Restrictions":                                                                                                         
                                                                                                                                
     The American Rescue Plan specified that these funds                                                                        
     can be used to cover expenses                                                                                              
          A.to respond  to the public health  emergency with                                                                    
          respect  to the  Coronavirus Disease  2019 (COVID                                                                     
          19) or its negative economic impacts;                                                                                 
          B.to respond to  workers performing essential work                                                                    
          during  the COVID-19  public  health emergency  by                                                                    
          providing   premium   pay  to   eligible   workers                                                                    
          performing such essential work;                                                                                       
          C.  for the  provision of  government services  to                                                                    
          the extent of the reduction  in revenue due to the                                                                    
          COVID-19  public  health   emergency  relative  to                                                                    
          revenues collected in the  most recent full fiscal                                                                    
          year; and                                                                                                             
          D.to make  necessary investments in  water, sewer,                                                                    
          or broadband infrastructure.                                                                                          
                                                                                                                                
     Restrictions include                                                                                                       
          A. direct  or indirect  offsets to a  reduction in                                                                    
          net  tax  revenue  resulting  from  changing  law,                                                                    
          regulation,   or   administrative   interpretation                                                                    
          during the covered period that reduces or delays                                                                      
          the imposition of any tax or tax increase;                                                                            
          B. deposits into any pension fund.                                                                                    
                                                                                                                                
Senator  Wielechowski  queried  the guidance  on  water  and                                                                    
sewer infrastructure.                                                                                                           
                                                                                                                                
Ms. Harbour replied that she did not have any specifics.                                                                        
                                                                                                                                
Ms. Harbour  pointed to slide  7, "ARP CSLFRF  State Funding                                                                    
Categories."                                                                                                                    
                                                                                                                                
Senator  Wielechowski asked  for explanation  of the  use of                                                                    
funds.                                                                                                                          
                                                                                                                                
Ms. Harbour replied  that there was a hope  to better define                                                                    
the use of funding after the federal guidance.                                                                                  
                                                                                                                                
Co-Chair Stedman queried the flexibility of the committee.                                                                      
                                                                                                                                
Ms. Harbour  replied that the funding  was available through                                                                    
December 2024,  so there was  some flexibility  to determine                                                                    
the use of funding over that timeframe.                                                                                         
                                                                                                                                
Senator Hoffman stated that his question had been answered.                                                                     
                                                                                                                                
Senator von Imhof  wondered who would be the  manager of the                                                                    
money.                                                                                                                          
                                                                                                                                
Ms. Harbour  replied that those questions  would be answered                                                                    
with the development of the program.                                                                                            
                                                                                                                                
9:55:55 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  remarked that  there would  be discussions                                                                    
related to  the timing to  minimize errors in  structure and                                                                    
targeted areas of the economy.                                                                                                  
                                                                                                                                
Senator von Imhof  hoped that there was work  with the banks                                                                    
to determine a targeted approach.                                                                                               
                                                                                                                                
Co-Chair  Bishop  wondered  whether  the  $112  million  for                                                                    
broadband was imbedded in the other number.                                                                                     
                                                                                                                                
Ms. Harbour replied  in the negative and  explained that the                                                                    
federal government outlined that use for infrastructure.                                                                        
                                                                                                                                
                                                                                                                                
Co-Chair Bishop surmised that the two areas addressing                                                                          
broadband had one as descriptive and one as optional.                                                                           
                                                                                                                                
Ms. Harbour agreed.                                                                                                             
                                                                                                                                
Ms. Harbour looked at slide 8, "ARP CSLFRF Special                                                                              
Provisions":                                                                                                                    
                                                                                                                                
     General Fund Offset Section 1 (f), (g), and (i)                                                                            
          ?(f)   and  (i)   offset  $120   million  in   UGF                                                                    
          expenditures with  ARP funds in FY21  allowing for                                                                    
          deposit to the general fund or CBR.                                                                                   
               ?Structured as unallocated budget items,                                                                         
               allocation will be made based on allow                                                                           
               ability criteria from the Federal Treasury.                                                                      
               ?Federal  fund  increase  will be  offset  by                                                                    
               general  fund  decrease  in the  same  budget                                                                    
               line  items  to  ensure   no  net  change  to                                                                    
               program funding.                                                                                                 
          ?(g)  offsets  $19.3  million   in  DGF  or  other                                                                    
          restricted fund  expenditures with ARP  funds over                                                                    
          FY21-FY24.                                                                                                            
          ?Priority will be given  to areas with significant                                                                    
          fund balance issues caused by COVID.                                                                                  
                                                                                                                                
     Disallowed Appropriation Backfill Language Section 9                                                                       
          ?Utilizes  the  general  fund  offset  concept  to                                                                    
          ensure that  a program, if found  unallowable, can                                                                    
          continue without interruption.                                                                                        
                                                                                                                                
10:01:03 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman queried the safety parameters.                                                                                 
                                                                                                                                
Ms. Harbour replied that the legislature had the                                                                                
flexibility in how the funding may be spent.                                                                                    
                                                                                                                                
Co-Chair Stedman remarked that it was abnormal to give so                                                                       
much flexibility.                                                                                                               
                                                                                                                                
Ms. Harbour agreed, and explained that the appropriation                                                                        
was strictly for FY 21.                                                                                                         
                                                                                                                                
10:06:44 AM                                                                                                                   
                                                                                                                                
Senator Hoffman asked for the document that Ms. Harbour was                                                                     
referring.                                                                                                                      
                                                                                                                                
Ms. Harbour agreed to provide that information.                                                                                 
                                                                                                                                
Co-Chair Stedman stated that there would be discussions                                                                         
about how to handle the $1.019 billion.                                                                                         
                                                                                                                                
Co-Chair Stedman discussed the following day's meeting's                                                                        
agenda.                                                                                                                         
                                                                                                                                
SB 128 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 128 ARP CSLFRF Plan Summary_4.16.2021.pdf SFIN 4/26/2021 9:00:00 AM
SB 128
SB 128 SFIN OMB ARP Bill Overview 4.26.21.pdf SFIN 4/26/2021 9:00:00 AM
SB 128
SB 128 ARP Direct Agency Grant Detail_4.16.2021.pdf SFIN 4/26/2021 9:00:00 AM
SB 128
SB 64 Work Draft ver. B.pdf SFIN 4/26/2021 9:00:00 AM
SB 64
SB 64 Explanation of Changes ver. A to B.pdf SFIN 4/26/2021 9:00:00 AM
SB 64
SB 128 vonImhof document - FED COVID Relief.pdf SFIN 4/26/2021 9:00:00 AM
SB 128