Legislature(2015 - 2016)BUTROVICH 205

02/23/2016 09:00 AM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 128 PERM. FUND:DEPOSITS;DIVIDEND;EARNINGS TELECONFERENCED
Heard & Held
+= SB 114 PERM FUND: EARNINGS, DEPOSITS, ACCOUNTS TELECONFERENCED
Heard & Held
*+ SJR 1 CONST AM: GUARANTEE PERM FUND DIVIDEND TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
Initial Presentation by Sponsor
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 128-PERM. FUND: DEPOSITS; DIVIDEND; EARNINGS                                                                     
                                                                                                                                
9:02:34 AM                                                                                                                    
CHAIR STOLTZE announced the consideration of SB 128.                                                                            
                                                                                                                                
9:02:49 AM                                                                                                                    
CRAIG RICHARDS, Attorney General, Office of the Attorney                                                                        
General, Department of Law, presented information on SB 128.                                                                    
                                                                                                                                
CHAIR  STOLTZE asked  Attorney General  Richards  to address  the                                                               
title of bill, "The Dividend Protection Act."                                                                                   
                                                                                                                                
9:04:14 AM                                                                                                                    
ATTORNEY  GENERAL RICHARDS  stated that  the governor's  bill, SB
128, is  not the  only bill  that aims  to protect  the Permanent                                                               
Fund Dividend (PFD),  but a bill like it is  critical. He pointed                                                               
out that  by FY24 the  Department of Revenue (DOR)  predicts that                                                               
there  will be  insufficient funds  in the  Constitutional Budget                                                               
Reserve (CBR) and  the Earnings Reserve Account (ERA)  to pay for                                                               
continued payments  of dividends. It  could happen as soon  as FY                                                               
21 if there  is no change to having to  spend the state's savings                                                               
to balance the budget. The bill  will protect the PFD, as well as                                                               
change the way that it is paid.                                                                                                 
                                                                                                                                
ATTORNEY  GENERAL RICHARDS  said that  was the  logic behind  the                                                               
title of SB 128.  He added that FY22 is when  the ERA is expected                                                               
to be  depleted if the state  spends at the current  rate through                                                               
the CBR,  however, it could  be even  sooner. There is  not exact                                                               
certainty about the date that would occur.                                                                                      
                                                                                                                                
CHAIR  STOLTZE  inquired  how  budget cuts  are  figured  in  the                                                               
formula. He noted concerns by Alaskans regarding budget cuts.                                                                   
                                                                                                                                
9:07:22 AM                                                                                                                    
ATTORNEY GENERAL  RICHARDS replied  that he  does not  have DOR's                                                               
revenue  calculations  under  different scenarios.  He  concluded                                                               
that  the  more   the  state  closes  the   budget  gap,  through                                                               
additional  revenues  or  through  additional  budget  cuts,  the                                                               
longer it will take to spend out the CBR and the ERA.                                                                           
                                                                                                                                
He stressed that the Governor  is looking forward to working with                                                               
the House  and the Senate  on a budget package,  including budget                                                               
cuts,  and  is  available  to   have  that  discussion  with  the                                                               
legislature and individual legislators.                                                                                         
                                                                                                                                
He began a presentation in direct  response to a request from the                                                               
State  Affairs  Committee about  how  the  PFD would  look  under                                                               
different scenarios.  The presentation is  DOR's view of  what it                                                               
looks like  under the status quo  dividend and under SB  128, and                                                               
potentially what  it looks like  under SB  114. He said  they did                                                               
not model Representative Hawker's bill.                                                                                         
                                                                                                                                
9:09:20 AM                                                                                                                    
He  explained how  to read  the box  plots in  the charts  in his                                                               
presentation.  He showed  how  the PFD  is  calculated under  the                                                               
status  quo and  as proposed  in SB  128 and  SB 114.  Both bills                                                               
allow  calculations of  dividends  where, if  the  amount of  the                                                               
dividend  is  increased,  the  amount from  a  fixed  payment  or                                                               
percent of market value (POMV)  to the general fund is decreased.                                                               
The goal  is to  figure out  the balance  between what  should be                                                               
paid as PFD's  and what should stay in the  Permanent Fund and be                                                               
paid out to government operation year to year.                                                                                  
                                                                                                                                
9:11:48 AM                                                                                                                    
ATTORNEY  GENERAL  RICHARDS explained  that  under  SB 128,  this                                                               
year's PFD  would be a flat  $1,000 paid out of  the $1.4 billion                                                               
appropriated last  year. In  the future,  all royalties  would be                                                               
deposited in  the Permanent  Fund and 50  percent of  that amount                                                               
would pay the PFD every year.                                                                                                   
                                                                                                                                
He  understood  that  under  SB  114,  75  percent  of  royalties                                                               
collected by the  state each year would go to  the PFD, but there                                                               
would  be  a floor  of  $1,000.  If the  floor  is  not met,  the                                                               
additional amounts needed would come out of the ERA.                                                                            
                                                                                                                                
SENATOR MCGUIRE said that was correct.                                                                                          
                                                                                                                                
ATTORNEY GENERAL RICHARDS related that  under the status quo, the                                                               
PFD  is based  upon 21  percent of  half of  the earnings  over a                                                               
five-year  average.  It amounts  to  21  percent of  last  year's                                                               
realized earnings. He noted the  importance of understanding that                                                               
the  formula  uses  realized  earnings, not  50  percent  of  the                                                               
Permanent Fund every year.                                                                                                      
                                                                                                                                
9:13:53 AM                                                                                                                    
He showed a  slide of projected dividend  appropriations over the                                                               
next eleven years.  In about FY22 - FY24 it  is likely there will                                                               
not be  sufficient funds under  the status quo to  pay dividends.                                                               
He  offered several  low probability  scenarios where  this would                                                               
happen. He  added that  the dividend  is projected  to grow  on a                                                               
real basis because the fund  grows under the current formulation.                                                               
It is  slightly higher  than actual inflation,  but it  will also                                                               
experience volatility.                                                                                                          
                                                                                                                                
9:16:31 AM                                                                                                                    
He showed a slide depicting  projected dividends per person based                                                               
on the current status quo.  There will be limited funds available                                                               
after  using  the ERA  to  cover  the  deficit  once the  CBR  is                                                               
depleted.                                                                                                                       
                                                                                                                                
He   highlighted  the   projected   dividend  appropriation   and                                                               
projected PFDs  per person under  SB 128.  The PFD would  stay at                                                               
about $1,000 for the next decade  and then decrease to under $500                                                               
by 2040. He  noted dividends would increase or  decrease with the                                                               
success or  failure of resource  development. The graph  does not                                                               
capture future production of oil and is conservative in nature.                                                                 
                                                                                                                                
9:20:57 AM                                                                                                                    
ATTORNEY   GENERAL  RICHARDS   showed   the  projected   dividend                                                               
appropriation and dividend per person  under SB 114. This formula                                                               
results in dividends that are 50  percent higher than those in SB
128. SB 114  also has a $1,000 floor, so  additional funds needed                                                               
will come out of the ERA.                                                                                                       
                                                                                                                                
SENATOR MCGUIRE said that was correct.                                                                                          
                                                                                                                                
9:22:37 AM                                                                                                                    
ATTORNEY GENERAL  RICHARDS explained  more about  the consequence                                                               
of the  dividend floor  in SB 114.  He predicted  that additional                                                               
funds  will be  needed  from  the ERA  given  the oil  production                                                               
forecast.  He  addressed consequences  with  having  a floor  and                                                               
giving up the "upside" to guarantee the "downside."                                                                             
                                                                                                                                
9:24:45 AM                                                                                                                    
CHAIR STOLTZE asked if SB 114 protects the PFD too much.                                                                        
                                                                                                                                
ATTORNEY GENERAL  RICHARDS replied it  is a policy  decision. The                                                               
Governor thought having a dividend  cap was a decent approach and                                                               
tying it to royalties was a  good approach, but combining the two                                                               
was not a way the Governor wanted to go.                                                                                        
                                                                                                                                
He  highlighted  graphs  that included  projected  dividends  per                                                               
person with a gas line - under SB  128 and SB 114. If there was a                                                               
gas line there would be higher royalties under both scenarios.                                                                  
                                                                                                                                
9:26:54 AM                                                                                                                    
He  showed an  analysis  of potential  increases  in North  Slope                                                               
production  in  rate-comparable  pools,   using  the  50  percent                                                               
royalty dividend, under SB 128, and the impact per person.                                                                      
                                                                                                                                
CHAIR STOLTZE thanked Attorney General Richards.                                                                                
                                                                                                                                
9:29:22 AM                                                                                                                    
SENATOR   MCGUIRE   agreed   with  Attorney   General   Richards'                                                               
assumptions.                                                                                                                    
                                                                                                                                
[SB 128 was held in committee.]                                                                                                 

Document Name Date/Time Subjects
SB 128 Probabilistic Modeling from Gov.Alaska.Gov 1-22-2016.xlsx SSTA 2/23/2016 9:00:00 AM
SB 128
SB 128 Deterministic Modeling from Gov.Alaska.Gov 1-22-2016.xlsx SSTA 2/23/2016 9:00:00 AM
SB 128
SB 128 New Sustainable Alaska Plan from Governor's Website as posted 2-22-2016.pdf SSTA 2/23/2016 9:00:00 AM
SB 128
SB 128 Public Testimony to SSTA - Fifth Batch (15 POMS) 2-22-2016.pdf.pdf SSTA 2/23/2016 9:00:00 AM
SB 128
SB 114 Public Testimony to SSTA (Fourth Batch - 15 POMS) 2-22-16.pdf SSTA 2/23/2016 9:00:00 AM
SB 114
SB 128 Projected Dividends - Status Quo vs SB 128 & SB 114 - Presentation to SSTA 2-22-16.pdf SSTA 2/23/2016 9:00:00 AM
SB 128
SB 114 Projected Dividends - Status Quo vs SB 128 & SB 114 - Presentation to SSTA 2-22-16.pdf SSTA 2/23/2016 9:00:00 AM
SB 114
SS for SB 114 Sponsor Presentation to SSTA - Reducing the Deficit 2-23-16.pdf SSTA 2/23/2016 9:00:00 AM
SB 114
SJR 1 Sponsor Statement (Revised 2016).pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Backup Document - FY15 Dividend Calculation Summary.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Backup Document - Goldsmith Paper on PFD - July 2010.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Backup Document - Alaska's Economy Historical Trends and Future Outlook.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Backup Document - Department of Revenue 2014 Dividend Calculation.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Backup Document - AK PFD Economic Effects and Public Attitude - September 1984.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Backup Document - Alaska Dispatch Article $2072 2015 AK PFD Amount Announced - 9-21-2015.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Sponsor Presentation to SSTA 2-23-16.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Fiscal Note OOG-DOE 2-22-16.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Support Document - Article ADN Lawmaker's Bill Aim s to Guard Alaska PF Benefit 1-10-15 .pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Support Document - Article ADN Panelists Suggest Cuts 10-6-14.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SJR 1 Support Document - Article ADN $1,884 Third-Highest PFD 9-18-14.pdf SSTA 2/23/2016 9:00:00 AM
SJR 1
SB 114 Supporting Document - APFC Callan Report.pdf SSTA 2/23/2016 9:00:00 AM
SB 114
SB 128 Alaska Permanent Fund Corporation Letter to SSTA on Inflatuion Proofing Transfers - 2-16-16.pdf SSTA 2/23/2016 9:00:00 AM
SB 128