Legislature(2011 - 2012)BUTROVICH 205

01/24/2012 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SJR 10 CONT. AM.: BUDGET RESERVE FUND TELECONFERENCED
Heard & Held
*+ SB 130 ALASKA NATIVE LANGUAGE COUNCIL TELECONFERENCED
Scheduled But Not Heard
*+ SB 150 MILITARY TRAINING CREDIT TELECONFERENCED
Heard & Held
*+ SB 136 INCOME TAX CREDIT FOR EMPLOYING A VETERAN TELECONFERENCED
Scheduled But Not Heard
Bills Previously Heard/Scheduled
             SJR 10-CONT. AM.: BUDGET RESERVE FUND                                                                          
                                                                                                                                
9:01:22 AM                                                                                                                    
CHAIR WIELECHOWSKI announced that the  first order of business to                                                               
come before the committee was  SJR 10, a Constitutional Amendment                                                               
intended to ensure that the  legislature continues to save during                                                               
times of surplus.                                                                                                               
                                                                                                                                
CHAIR WIELECHOWSKI reviewed  the purpose of SJR 10.  He said that                                                               
with a large projected surplus this  fiscal year and next, now is                                                               
the time to talk about savings.                                                                                                 
                                                                                                                                
SENATOR PASKVAN moved to adopt  the proposed committee substitute                                                               
(CS) for SJR 10, labeled 27-LS1091\D, as the working document.                                                                  
                                                                                                                                
CHAIR WIELECHOWSKI objected for discussion purposes.                                                                            
                                                                                                                                
9:02:43 AM                                                                                                                    
SAM GOTTSTEIN, staff to Senator  Wielechowski, sponsor of SJR 10,                                                               
discussed changes made in version D.  He said the first change is                                                               
on page  1, line 14;  the words  "in population" were  removed to                                                               
keep the  $6 billion threshold  from increasing too  rapidly. The                                                               
second change is on  page 1, line 15; the words  "on July 1" were                                                               
removed  to allow  time to  calculate actual  annual unrestricted                                                               
oil revenue. The  third change is on page 2,  lines 7-8; language                                                               
was added  to ensure that  the proposed amendment will  not apply                                                               
to Permanent Fund royalty payments.                                                                                             
                                                                                                                                
MR. GOTTSTEIN  stated that Alaska has  benefited from substantial                                                               
budget surpluses in recent years largely  as a result of high oil                                                               
prices. Alaska has  the greatest amount of savings  in the nation                                                               
with about  $16 billion  in savings  accounts and  reserve funds.                                                               
Oil  revenue, which  makes up  about  90 percent  of the  state's                                                               
revenue, is a non-renewable resource.  Although Alaska depends on                                                               
a non-renewable resource,  it is possible for the  oil revenue to                                                               
be used like a renewable resource.  If Alaska saves money now, it                                                               
will be in a better position to have oil wealth in the future.                                                                  
                                                                                                                                
He said  the legislature is constitutionally  required to develop                                                               
Alaska's resources  to the  maximum benefit  of its  people. This                                                               
includes managing resources for future generations.                                                                             
                                                                                                                                
MR. GOTTSTEIN  maintained that existing  savings accounts  do not                                                               
save  enough for  the future.  He described  Alaska's three  main                                                               
savings  accounts:  the  Permanent  Fund,  the  Statutory  Budget                                                               
Reserve,  and the  Constitutional Budget  Reserve. The  Permanent                                                               
Fund  is  the  largest  of  the  accounts,  currently  valued  at                                                               
approximately $39 billion.  Dividends from the fund  go to Alaska                                                               
residents  each year,  and the  earnings from  the fund  have not                                                               
been used  to fund public  services. Putting more money  into the                                                               
account would not  count as a way to save  for the state's future                                                               
budgetary needs.                                                                                                                
                                                                                                                                
MR. GOTTSTEIN continued to say  that the Statutory Budget Reserve                                                               
(SBR),  substantially   smaller  than  the  Permanent   Fund,  is                                                               
currently valued  at approximately $2.6 billion.  Since the SBR's                                                               
funds can  be accessed  by a  simple majority,  it is  not likely                                                               
that this fund will sustain the state in the future.                                                                            
                                                                                                                                
MR.  GOTTSTEIN related  that  the  Constitutional Budget  Reserve                                                               
(CBR) is considered Alaska's rainy  day fund. Established in 1991                                                               
through   a  constitutional   amendment,  the   CBR  acts   as  a                                                               
stabilization fund.  It was initially funded  through settlements                                                               
with oil and  gas companies, and the value of  the fund has grown                                                               
from  just  under $600  million  to  approximately $10.3  billion                                                               
today.  Under  most  circumstances  the  CBR  requires  a  three-                                                               
quarters majority  vote from both  houses to access the  fund for                                                               
general fund use. After taking  out the money, the legislature is                                                               
obligated to pay it back,  along with any non-appropriated funds,                                                               
at  end of  any given  fiscal  year. Both  requirements keep  the                                                               
legislature from appropriating money from  the CBR unless it is a                                                               
necessary stop gap  measure. In years of high  oil revenue, there                                                               
is  currently no  automatic mechanism  to appropriate  additional                                                               
funds  into the  CBR.  SJR  10 would  change  that. Through  this                                                               
legislation, the  constitution would ensure that  the legislature                                                               
continues to save for the future.                                                                                               
                                                                                                                                
MR. GOTTSTEIN  continued that  after reaching  a threshold  of $6                                                               
billion in  unrestricted oil  revenue for a  fiscal year,  SJR 10                                                               
provides  that  two-thirds  of the  remaining  surplus  would  be                                                               
deposited  into  the  CBR.  The $6  billion  threshold  would  be                                                               
adjusted  annually   for  inflation.  Unrestricted   oil  revenue                                                               
includes  royalties, production  taxes,  corporate income  taxes,                                                               
and  property  taxes  for  the  oil  industry.  Unrestricted  oil                                                               
revenue, for the  purpose of this legislation,  would not include                                                               
royalty payments to the Permanent Fund.                                                                                         
                                                                                                                                
9:07:47 AM                                                                                                                    
MR. GOTTSTEIN  addressed the potential  fiscal impact of  SJR 10.                                                               
He maintained  that if  this policy were  in place  today, Alaska                                                               
would have over $7.5 billion  of unrestricted revenue for general                                                               
fund use and the ability to  deposit over $1.475 billion into the                                                               
CBR  this year,  while maintaining  a $600  million surplus.  The                                                               
amount of the deposit would depend  on the size of a given year's                                                               
oil  revenue surplus.  For  example, for  the  next three  years,                                                               
under current Department of Revenue  projections, the state would                                                               
deposit over $800 million into the CBR.                                                                                         
                                                                                                                                
MR.  GOTTSTEIN stated  that the  goal  of the  legislation is  to                                                               
create a framework for saving.  The Department of Revenue has not                                                               
always  been right  about oil  revenue projections.  For example,                                                               
back  in 2008,  the  department's forecast  ended  up 47  percent                                                               
lower than  the prediction. Conversely,  the department  has also                                                               
estimated  revenue  to  be  substantially  higher  than  what  it                                                               
actually  was. The  goal of  this legislation  is not  to deposit                                                               
more money into the CBR every  year. The goal is to deposit money                                                               
into the CBR in years of high revenue surpluses.                                                                                
                                                                                                                                
MR. GOTTSTEIN  concluded that it  is not the sponsor's  intent to                                                               
solve all of  the state's fiscal problems  with this legislation.                                                               
It is  the first step  toward managing a  non-renewable resource,                                                               
such as oil wealth, like a renewable resource.                                                                                  
                                                                                                                                
9:09:31 AM                                                                                                                    
SENATOR  MEYER asked  for clarification  regarding the  figure of                                                               
"two-thirds of the surplus after $6 billion."                                                                                   
                                                                                                                                
MR. GOTTSTEIN explained  that it is a policy call.  The amount of                                                               
$6 billion  has been adequate  in the past. "Two-thirds"  shows a                                                               
commitment to savings after obligations are met.                                                                                
                                                                                                                                
SENATOR MEYER speculated that the number could be changed.                                                                      
                                                                                                                                
CHAIR  WIELECHOWSKI stressed  that  all figures  used are  policy                                                               
calls.  Two-thirds is  enough to  meet financial  obligations. In                                                               
years  with  large surpluses,  one-third  is  enough for  capital                                                               
projects and the remainder could go into savings.                                                                               
                                                                                                                                
SENATOR  MEYER  noted the  bigger  policy  call  is how  best  to                                                               
protect savings.                                                                                                                
                                                                                                                                
Chair  Wielechowski replied  that  the bill  was  his attempt  to                                                               
allocate savings for  future generations, but he  agreed that the                                                               
issue should be discussed further.                                                                                              
                                                                                                                                
9:12:41 AM                                                                                                                    
SENATOR  PASKVAN observed  that the  $2.6 billion  in the  SBR is                                                               
subject  to access  by  a simple  majority  for immediate  needs;                                                               
however,  there is  an  overlying  constitutional requirement  to                                                               
save when there are excess dollars.                                                                                             
                                                                                                                                
CHAIR WIELECHOWSKI  recalled that  when the CBR  was established,                                                               
there was a desire to make it  hard to access. He agreed that the                                                               
SBR is more  accessible. He said he thought the  people of Alaska                                                               
like having a savings account that is harder to get to.                                                                         
                                                                                                                                
SENATOR GIESSEL  asked how  long this  type of  plan would  be in                                                               
effect,  based on  oil revenue  forecasts. She  also inquired  if                                                               
changing the constitution would require a vote of the people.                                                                   
                                                                                                                                
MR.  GOTTSTEIN affirmed  that  it  would require  a  vote of  the                                                               
people.  He  explained  that   under  current  projections,  $800                                                               
million would be put into the  CBR for three years. He added that                                                               
those projections are  questionable due to many  factors. He gave                                                               
a hypothetical example. The goal  of the legislation is to create                                                               
a framework for years into the future.                                                                                          
                                                                                                                                
SENATOR GIESSEL  clarified that  there would  be a  large surplus                                                               
for just three years.                                                                                                           
                                                                                                                                
MR. GOTTSTEIN agreed, under  current projections. Projections are                                                               
fairly simple  today, but the  goal is  to create a  framework to                                                               
balance the highs and lows of revenue surpluses and deficits.                                                                   
                                                                                                                                
SENATOR GIESSEL asked how much interest the fund would accrue.                                                                  
                                                                                                                                
MR. GOTTSTEIN addressed  the main account vs.  the subaccount and                                                               
various scenarios.  He said  the earnings from  the CBR  would be                                                               
about a 4 percent rate of return  in order to make sure the funds                                                               
are available immediately.                                                                                                      
                                                                                                                                
9:17:45 AM                                                                                                                    
SENATOR GIESSEL asked what the current rate of inflation was.                                                                   
                                                                                                                                
MR. GOTTSTEIN  believed it  was projected to  be 2.5  percent for                                                               
this model.                                                                                                                     
                                                                                                                                
SENATOR GIESSEL  speculated that  the profit  would be  about 1.5                                                               
percent.                                                                                                                        
                                                                                                                                
MR. GOTTSTEIN agreed.                                                                                                           
                                                                                                                                
CHAIR WIELECHOWSKI pointed  out that some people  would prefer to                                                               
invest the  CBR more aggressively. The  bill is intended to  be a                                                               
framework. There are 33 or 34  new exploratory wells on the North                                                               
Slope, as  well as  shale oil  and heavy  oil, not  factored into                                                               
future  oil projections.  He  predicted that  there  would be  an                                                               
explosion of oil production on the  North Slope in the next three                                                               
to five years  and substantial new revenue to the  state. He said                                                               
he would like to see that revenue put into savings.                                                                             
                                                                                                                                
9:19:52 AM                                                                                                                    
SCOTT GOLDSMITH,  Professor of  Economics, University  of Alaska,                                                               
Anchorage,  Institute of  Social  and  Economic Research  (ISER),                                                               
testified  as  an individual,  not  as  a representative  of  the                                                               
university. He read from the following statement:                                                                               
                                                                                                                                
     I am  here to  testify in support  of the  two concepts                                                                    
     embodied in SJR  10 - a petroleum  revenue spending cap                                                                    
     and a  sweep of  the surplus into  savings to  meet the                                                                    
     fiscal needs  of future generations of  Alaskans. If we                                                                    
     are careful and lucky, the  pipeline will be carrying 1                                                                    
     million barrels a  day in 2020 and activity  in the oil                                                                    
     patch  will  be  growing,   generating  more  and  more                                                                    
     petroleum  jobs for  the next  generation of  Alaskans.                                                                    
     Unfortunately  that  production   will  likely  not  be                                                                    
     generating  the level  of  petroleum  revenues we  have                                                                    
     come to expect and depend upon.                                                                                            
                                                                                                                                
     Production of  conventional oil, the basis  for current                                                                    
     revenues, has been  falling for more than  20 years and                                                                    
     that  decline is  projected to  continue  as the  giant                                                                    
     fields  are  depleted.  Heavy oil  and  shale  oil  may                                                                    
     supplant  some of  that decline,  but  because of  high                                                                    
     unit  production  costs,  neither will  generate  large                                                                    
     amounts of  revenue. Likewise  production from  the OCS                                                                    
     might  help  to  keep  the  pipeline  operational,  but                                                                    
     almost  all  its  revenues  will   go  to  the  federal                                                                    
     government.  Commercialization  of   gas  seems  to  be                                                                    
     permanently  at least  10 years  in the  future-perhaps                                                                    
     more than ever today as the  world is awash in low cost                                                                    
     natural gas.                                                                                                               
                                                                                                                                
     We  all  recognize  the  need   to  save  some  current                                                                    
     petroleum revenues for the future,  but how much saving                                                                    
     is enough?   Our current  strategy of putting  away the                                                                    
     leftovers after the current budget  is built is not the                                                                    
     answer. Rather,  the answer  pops out  if we  stand the                                                                    
     question  on  its  head  and  ask,  "How  much  of  our                                                                    
     petroleum wealth  can we afford  to spend  today?" This                                                                    
     is the  right way to  pose the question because,  as we                                                                    
     all agree,  our petroleum wealth  is finite.   The more                                                                    
     we  spend today,  the less  will be  left for  the next                                                                    
     generation of Alaskans.                                                                                                    
                                                                                                                                
     To answer  the question  of how much  we can  afford to                                                                    
     spend  today,  we  need  to figure  out  how  much  our                                                                    
     petroleum wealth  is worth  and we  need to  decide how                                                                    
     much  of that  wealth  we should  share  with the  next                                                                    
     generation of  Alaskans. I have started  to think about                                                                    
     both of  those issues  and my thoughts  are in  some of                                                                    
     the  papers  in the  bill  packet  before you.  Let  me                                                                    
     summarize each.                                                                                                            
                                                                                                                                
     I  have estimated  state petroleum  wealth  to be  $140                                                                    
     billion.  This consists  of  $55  billion of  financial                                                                    
     assets derived from past petroleum  revenues as well as                                                                    
     $85   billion  in   taxes  and   royalties  on   future                                                                    
     production.  The  $85 billion  is  the  value of  those                                                                    
     future revenues if we could  bank them all today rather                                                                    
     than  waiting for  them  to trickle  in  over the  next                                                                    
     decades.                                                                                                                   
                                                                                                                                
     Then how  should we share  this $140  billion grubstake                                                                    
     among  current and  future Alaskans?  One answer  is to                                                                    
     take  a  page from  the  successful  management of  our                                                                    
     fisheries,  where we  restrict the  current harvest  to                                                                    
     maintain  maximum  sustainable  yield.  By  doing  that                                                                    
     future fishermen get  the same harvesting opportunities                                                                    
     as current fishermen.                                                                                                      
                                                                                                                                
     Applying  that  concept  to our  petroleum  wealth,  we                                                                    
     could harvest,  or spend, $5.5 billion  this year. That                                                                    
     amounts  to about  $7,000 for  every Alaskan  today and                                                                    
     would  guarantee that  every future  Alaskan would  get                                                                    
     the  opportunity  to  spend  an  equal  amount,  $7,000                                                                    
     adjusted  for  inflation. Of  course,  this  is just  a                                                                    
     different  way of  saying  treat  the petroleum  wealth                                                                    
     like  a permanent  endowment, or  as the  British would                                                                    
     say, never spend principle.                                                                                                
                                                                                                                                
     Is this a  fair distribution? That is  for all Alaskans                                                                    
     to decide. But  it is a discussion that  needs to occur                                                                    
     and this bill is a way to stimulate that discussion.                                                                       
                                                                                                                                
     Capping spending  from petroleum revenues has  a number                                                                    
     of other  positive features. It will  reduce the FISCAL                                                                    
     BURDEN   we  are   currently  shifting   to  the   next                                                                    
     generation of  Alaskans by spending  petroleum revenues                                                                    
     at a  non-sustainable rate. It  will force us  to weigh                                                                    
     the benefits  of increased public spending  against the                                                                    
     cost of  new taxes to  pay for  them. It will  give the                                                                    
     governor  and  legislature  a  valuable  tool  to  help                                                                    
     instill fiscal discipline where none exists today.                                                                         
                                                                                                                                
     Of  course  many people  will  argue  that putting  our                                                                    
     wealth into saving  is a mistake because  that money is                                                                    
     not working for  us and that the funds  would be better                                                                    
     spent  on  investments  to  build  our  infrastructure,                                                                    
     particularly   roads  and   energy  projects.   Without                                                                    
     getting into  that discussion I would  simple say there                                                                    
     needs  to   be  a  considered  balance   between  those                                                                    
     investments and savings.                                                                                                   
     Saving for  the future  is never easy,  as we  all know                                                                    
     from  personal experience.   But  high oil  prices have                                                                    
     given us a  second chance to do the right  thing and we                                                                    
     should not let this  opportunity slip. Several times in                                                                    
     the  past  we  have  taken the  opportunity  to  create                                                                    
     vehicles for  saving when revenues were  high and today                                                                    
     we  have  the  Permanent  Fund,  the  Statutory  Budget                                                                    
     Reserve, and the Constitutional Budget Reserve.                                                                            
                                                                                                                                
     I think the best way to  motivate the need to save more                                                                    
     is to  look to  Norway and  its $300  billion Petroleum                                                                    
     Savings Account.   Just  as we  have an  oil production                                                                    
     goal of  one million barrels  in the pipeline  in 2020,                                                                    
     we  could  and  should  have a  savings  goal  of  $100                                                                    
     billion by  the year  2020. This bill  is a  first step                                                                    
     toward achieving that  goal. Let's get to  work to make                                                                    
     it happen. Thank you.                                                                                                      
                                                                                                                                
9:26:00 AM                                                                                                                    
CHAIR WIELECHOWSKI thanked Professor Goldsmith for his work.                                                                    
                                                                                                                                
SENATOR  MEYER  related  that the  Governor's  current  operating                                                               
budget is $8 billion and the  capital budget is $1.8 billion with                                                               
additions  probable. Under  this legislation,  he predicted  cuts                                                               
totaling $4 billion would have to be made.                                                                                      
                                                                                                                                
MR. GOTTSTEIN said  he understood that the  Governor had included                                                               
$2 billion to go into the SBR.  He offered to get back to Senator                                                               
Meyer regarding the other $2 billion.                                                                                           
                                                                                                                                
CHAIR  WIELECHOWSKI pointed  out  that there  were also  matching                                                               
federal funds. He  asked Mr. Gottstein if  he listed unrestricted                                                               
oil revenue at $7.5 billion.                                                                                                    
                                                                                                                                
MR. GOTTSTEIN  reported that current revenue  projections are for                                                               
about $8.2 billion of unrestricted oil revenue for this year.                                                                   
                                                                                                                                
CHAIR  WIELECHOWSKI  noted  that  sometimes  money  budgeted  for                                                               
savings gets counted as an operating number.                                                                                    
                                                                                                                                
SENATOR MEYER agreed, but stressed that  there would have to be a                                                               
reduction in order to arrive at the $6 billion figure.                                                                          
                                                                                                                                
9:28:53 AM                                                                                                                    
SENATOR   PASKVAN  requested   a   written   copy  of   Professor                                                               
Goldsmith's presentation.                                                                                                       
                                                                                                                                
SENATOR   GIESSEL   noted   she   reads   Professor   Goldsmith's                                                               
publications. She inquired  if he had looked  for projected costs                                                               
for  education and  health care  in the  budget. She  pointed out                                                               
that  50  percent  of  the budget  is  formula-driven,  and  that                                                               
pending   national  health   care  programs   will  significantly                                                               
increase it.                                                                                                                    
                                                                                                                                
PROFESSOR GOLDSMITH  said he  hadn't looked  at the  most current                                                               
projections, but agreed it was a major concern.                                                                                 
                                                                                                                                
SENATOR GIESSEL  pointed out that  Norway does not  pay dividends                                                               
to  its citizens  from its  permanent fund.  She asked  Professor                                                               
Goldsmith to comment on Norway's  substantial personal income tax                                                               
rate of 50 percent.                                                                                                             
                                                                                                                                
PROFESSOR   GOLDSMITH   related    that   Norway's   taxes   were                                                               
significant,   and  essentially   all  petroleum   revenues  were                                                               
diverted  into  the  permanent  fund  from  which  4  percent  is                                                               
withdrawn to help support the cost of government.                                                                               
                                                                                                                                
9:32:43 AM                                                                                                                    
STEPHEN  HAYCOX, Professor  Emeritus  of  History, University  of                                                               
Alaska, Anchorage, spoke  in support of SJR 10.  He described his                                                               
theory of  colonial economics as  it applies to Alaska.  He spoke                                                               
of the  difficulties in addressing Alaska's  long-term future and                                                               
thought SJR 10  would help. He recalled the periods  of flush and                                                               
lean  in   Alaska's  history.  He   called  the  CBR   savings  a                                                               
responsible step.                                                                                                               
                                                                                                                                
9:37:33 AM                                                                                                                    
CHAIR WIELECHOWSKI  thanked Professors  Haycox and  Goldsmith and                                                               
closed public testimony.                                                                                                        
                                                                                                                                
CHAIR WIELECHOWSKI pointed out that  the fiscal note shows a cost                                                               
of $1,500  to cover the  cost of providing information  about the                                                               
amendment in the Official Election  Pamphlet for the 2012 general                                                               
election.                                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI stated that SJR 10 would be set aside.                                                                       
                                                                                                                                

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