Legislature(2021 - 2022)ADAMS 519

05/20/2021 01:30 PM House FINANCE

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01:33:16 PM Start
01:33:52 PM Presentation: American Rescue Plan Act Guidelines by the Office of Management and Budget
02:47:04 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: American Rescue Plan Act TELECONFERENCED
Guidelines by Office of Management & Budget
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                   FIRST SPECIAL SESSION                                                                                        
                       May 20, 2021                                                                                             
                         1:33 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:33:16 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Foster called the House Finance Committee meeting                                                                      
to order at 1:33 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Bryce Edgmon                                                                                                     
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ben Carpenter                                                                                                    
Representative Sara Rasmussen                                                                                                   
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Neil Steininger, Director, Office  of Management and Budget,                                                                    
Office of  the Governor;  Paloma Harbour,  Fiscal Management                                                                    
Practices Analyst,  Office of Management and  Budget, Office                                                                    
of the Governor.                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
PRESENTATION: AMERICAN RESCUE PLAN ACT GUIDELINES BY THE                                                                        
OFFICE OF MANAGEMENT and BUDGET                                                                                                 
                                                                                                                                
Co-Chair Foster reviewed the agenda for the meeting.                                                                            
                                                                                                                                
^PRESENTATION: AMERICAN RESCUE PLAN ACT GUIDELINES BY THE                                                                     
OFFICE OF MANAGEMENT and BUDGET                                                                                               
                                                                                                                                
1:33:52 PM                                                                                                                    
                                                                                                                                
NEIL STEININGER, DIRECTOR, OFFICE  OF MANAGEMENT AND BUDGET,                                                                    
OFFICE   OF   THE   GOVERNOR,  introduced   the   PowerPoint                                                                    
Presentation:  "House  Finance  US  Treasury  Fiscal  Relief                                                                    
Guidance  Overview" (copy  on file).  He began  by reviewing                                                                    
the presentation agenda on slide 2:                                                                                             
                                                                                                                                
     Agenda                                                                                                                   
                                                                                                                                
     ? Coronavirus State and Local Fiscal Recovery Fund                                                                         
     (CSLFRF) Allocations to Alaska                                                                                             
     ? American Rescue Plan (ARP) Act Language on Eligible                                                                      
     Uses & Restrictions                                                                                                        
     ? Treasury Preliminary Guidance (Interim Final Rule)                                                                       
     on Eligible Uses & Restrictions                                                                                            
          ? Covered period                                                                                                      
          ? Broad use categories with eligible use examples                                                                     
          ? Specific stated restrictions                                                                                        
          ? Reporting requirements                                                                                              
     ? Follow-up Questions / Next Steps                                                                                         
     ? Capital Project Funds                                                                                                    
     ? Tribal Government Funds                                                                                                  
                                                                                                                                
1:35:25 PM                                                                                                                    
                                                                                                                                
Mr.  Steininger   continued  to   slide  3  to   review  the                                                                    
Coronavirus State  and Local  Fiscal Recovery  Fund (CSLFRF)                                                                    
allocations to  Alaska. He reported there  was $1.25 billion                                                                    
in  discretionary  funding  coming  to  Alaska  through  the                                                                    
American  Rescue  Plan Act  (ARPA).  The  slide included  an                                                                    
attachment,  Alaska  CSLFRF Allocations 5.10.2021   (copy on                                                                    
file) that  provided additional detail.  He noted  the money                                                                    
coming to  Alaska was slightly lower  than initial estimates                                                                    
released  when ARPA  had passed  at the  federal level;  the                                                                    
guidance  released on  May 10  slightly  reduced the  amount                                                                    
going  directly  to the  state  and  redistributed funds  to                                                                    
other census areas,  non-entitlement units, and metropolitan                                                                    
cities.  The   slide  indicated  which  items   required  an                                                                    
appropriation by the legislature  and which items would flow                                                                    
to the entity without legislative or state action.                                                                              
                                                                                                                                
1:36:26 PM                                                                                                                    
                                                                                                                                
Mr. Steininger  examined the uses and  restrictions language                                                                    
of the  ARPA CSLFRF on  slide 4.  The slide listed  the four                                                                    
main categories  for allowable spending and  the two primary                                                                    
restrictions  included in  ARPA  language.  He would  review                                                                    
allowable uses  on slide 5  and information included  in the                                                                    
interim  final  rule  released  on   May  10.  He  read  the                                                                    
information on slide 4:                                                                                                         
                                                                                                                                
     ARP CSLFRF Uses and Restrictions Language                                                                                
                                                                                                                              
     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  (COVID19)  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.                                                                                         
                                                                                                                                
1:37:50 PM                                                                                                                    
                                                                                                                                
Mr.  Steininger  discussed   the  covered  period/period  of                                                                    
performance on  slide 5 titled "Treasury  Guidance - Interim                                                                    
Final Rule  (IFR)." The initial expenditure  period had been                                                                    
March  3,  2021, through  December  31,  2024; however,  the                                                                    
interim final  rule included information  allowed additional                                                                    
a project/grant  closeout period through December  31, 2026.                                                                    
The change allowed additional  flexibility for spending. The                                                                    
updated guidance  clarified that  payments were  intended to                                                                    
be  used  prospectively  for  costs   into  the  future  and                                                                    
economic  recovery. He  noted that  essential workers  could                                                                    
receive retrospective premium pay for  prior work as well as                                                                    
prospective  premium  pay  for   current  or  ongoing  work.                                                                    
Additionally,   COVID-19   revenue   loss   estimates   were                                                                    
retrospective  and  prospective  (revenue  lost  during  the                                                                    
pandemic and  revenue that may  be lost  in the future  as a                                                                    
result of the pandemic).                                                                                                        
                                                                                                                                
1:39:19 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster  wondered  about  the  first  bullet  point                                                                    
indicating covered costs began on  March 3, 2021. He thought                                                                    
coverage of costs incurred began March of 2020.                                                                                 
                                                                                                                                
Mr.  Steininger clarified  that the  period beginning  March                                                                    
23, 2020, fell  under the Coronavirus Relief  Fund (CRF), or                                                                    
Coronavirus Aid,  Relief, and Economic Security  (CARES) Act                                                                    
funding.                                                                                                                        
                                                                                                                                
Co-Chair  Foster stated  his  understanding  that CARES  Act                                                                    
covered  the  initial period,  and  ARPA  covered the  later                                                                    
period.                                                                                                                         
                                                                                                                                
Mr. Steininger agreed.                                                                                                          
                                                                                                                                
Representative  Josephson thought  that one  of the  state's                                                                    
better and more  creative arguments was a slight  dip in oil                                                                    
severance tax in  FY 19 and FY 20. He  asked if the argument                                                                    
in terms of  the delta with the state's  current revenue had                                                                    
gone away.                                                                                                                      
                                                                                                                                
Mr.  Steininger  replied  that the  revenue  loss  estimates                                                                    
could  be looked  at  retrospectively,  but the  expenditure                                                                    
justified through  that revenue  loss would  be prospective.                                                                    
He clarified that the state  could count the revenue loss to                                                                    
use funds for future expenditures.                                                                                              
                                                                                                                                
Vice-Chair Ortiz asked whether the  same would hold true for                                                                    
retrospective revenue losses in municipalities.                                                                                 
                                                                                                                                
Mr. Steininger agreed.                                                                                                          
                                                                                                                                
Representative Edgmon  asked whether  more had  been learned                                                                    
about  the state's  certification  process. He  asked if  it                                                                    
applied  to   the  state  receiving   funds,  but   not  any                                                                    
eligibility aspect.                                                                                                             
                                                                                                                                
Mr. Steininger  answered that  the 60-day  certification was                                                                    
the allowable  time period on  the Treasury website  for the                                                                    
Division  of  Finance  certify and  enable  the  receipt  of                                                                    
funds.                                                                                                                          
                                                                                                                                
PALOMA HARBOUR, FISCAL  MANAGEMENT PRACTICES ANALYST, OFFICE                                                                    
OF  MANAGEMENT AND  BUDGET, OFFICE  OF  THE GOVERNOR,  added                                                                    
that  Treasury had  opened the  certification portal  on May                                                                    
10, 2021. The state had  submitted its certification and had                                                                    
received  the state  funding on  May 17,  2021. She  relayed                                                                    
that  that   money  could   not  be   spent  until   it  was                                                                    
appropriated. She  related that  the portal had  been opened                                                                    
for  boroughs  and  metropolitan  cities  to  receive  their                                                                    
funding.  She   said  that   when  the   administration  had                                                                    
submitted its certification for  the state funding, Treasury                                                                    
assumed that the certification would  also be applied to the                                                                    
nonentitlement unit  funding and  for census areas,  but the                                                                    
funding   would  not   been  distributed   until  additional                                                                    
guidance had been released.                                                                                                     
                                                                                                                                
Representative  Edgmon  remarked   that  the  House  Finance                                                                    
Committee  had  heard and  passed  a  bill on  allowing  for                                                                    
creativity   with   short-term  financing   mechanisms.   He                                                                    
imagined the  state could  not invest  the federal  money in                                                                    
short-term instruments.                                                                                                         
                                                                                                                                
1:43:22 PM                                                                                                                    
                                                                                                                                
Ms. Harbour reviewed the IFR eligible uses on slide 6:                                                                          
                                                                                                                                
   Treasury Guidance  IFT Eligible Uses                                                                                       
                                                                                                                                
     A. to respond to the public health emergency  support                                                                      
        the public health response                                                                                              
          • Covid -19 Mitigation and Containment                                                                                
          • Medical Expenses                                                                                                    
          • Behavioral Healthcare                                                                                               
          • Public Health & Safety Staff                                                                                        
               o More narrowly defined than CARES Act                                                                           
                                                                                                                                
Ms.  Harbour explained  that the  guidance was  preliminary,                                                                    
but  the hope  was  it would  not  change substantively  and                                                                    
would  be  a good  framework  for  developing programs.  She                                                                    
mentioned that the guidance  gave non-exclusive examples and                                                                    
allowed  for the  recipients to  determine similar  examples                                                                    
for which  to use the  funds. She  noted that the  uses were                                                                    
more narrowly defined  than the CARES Act,  which meant that                                                                    
supported payroll  documentation was  needed to  ensure that                                                                    
healthcare  workers who  claimed their  time were  primarily                                                                    
Covid-19 related work.                                                                                                          
                                                                                                                                
1:45:28 PM                                                                                                                    
                                                                                                                                
Ms. Harbour  continued his  review of  IFR eligible  uses on                                                                    
slide 7:                                                                                                                        
                                                                                                                                
   Treasury Guidance  IFR Eligible Uses                                                                                       
                                                                                                                                
   A. ?. or its negative economic impacts- requires written                                                                     
     support of COVID-19 impact                                                                                                 
                                                                                                                                
        • Workers & Families                                                                                                    
        • Small Businesses                                                                                                      
        • Public Sector                                                                                                         
             o Deposits to UI Trust Funds is called out as                                                                      
              allowable under this provision                                                                                    
        • Impacted Industries                                                                                                   
             o Industries other than tourism, travel and                                                                        
               hospitality require COVIS impact analysis                                                                        
                                                                                                                                
Ms.  Harbour  noted  that  the  state  had  to  collect  the                                                                    
information  for  necessary  supporting  documentation.  She                                                                    
shared that  the replenishment of  the UI Trust Fund,  up to                                                                    
the pre-Covid  level, would  be allowed and  would be  up to                                                                    
approximately $200 million.                                                                                                     
                                                                                                                                
Representative Wool spoke to the  topic of negative economic                                                                    
impacts related  to COVID and the  subsequent ripple effect.                                                                    
He  noted that  some  businesses were  in financial  trouble                                                                    
pre-Covid.                                                                                                                      
                                                                                                                                
Ms.  Harbour  related  that when  the  grant  programs  were                                                                    
established, it  was necessary to  have reasons for  why the                                                                    
businesses had been  targeted for relief. She  said that for                                                                    
small   business   relief   it   was   necessary   to   have                                                                    
documentation showing the revenue loss due to Covid.                                                                            
                                                                                                                                
Vice-Chair  Ortiz   asked  whether   he  was   correct  that                                                                    
businesses directly related to  tourism would need to submit                                                                    
evidence of economic loss.                                                                                                      
                                                                                                                                
Ms. Harbour  agreed. She shared that  the guidance specified                                                                    
the state should not overly  support certain impacted areas.                                                                    
The impact should be measured  and then that specific impact                                                                    
would be addressed.                                                                                                             
                                                                                                                                
Vice-Chair Ortiz  asked about areas where  economic loss was                                                                    
not documented  but investment had been  required to address                                                                    
COVID-19. He referenced the  fish processing industry, which                                                                    
could not document loss but  could document investments made                                                                    
to be "COVID safe."                                                                                                             
                                                                                                                                
Ms. Harbour answered that those  costs could be offset using                                                                    
the funds.                                                                                                                      
                                                                                                                                
1:50:50 PM                                                                                                                    
                                                                                                                                
Representative Josephson  noticed there had  been bipartisan                                                                    
support  on  the  other  body  for  a  proposal  to  give  a                                                                    
financial  incentive to  individuals returning  to work.  He                                                                    
wondered whether the  UI Trust Fund could be  used for those                                                                    
payments.                                                                                                                       
                                                                                                                                
Ms. Harbour  answered there  were very  strict rules  on the                                                                    
use  of the  UI Trust  Fund.  She added  that if  it were  a                                                                    
program  for unemployed  workers in  an effort  to get  them                                                                    
reemployed, the funds could possibly be used.                                                                                   
                                                                                                                                
Representative  Wool asked  whether  the restrictions  could                                                                    
keep the  state from  spending all  the available  funds for                                                                    
business support.                                                                                                               
                                                                                                                                
Ms. Harbour asked for clarification on the question.                                                                            
                                                                                                                                
Representative Wool restated his question.                                                                                      
                                                                                                                                
Ms.  Harbour answered  that a  program could  be established                                                                    
for small business,  and if the demand was not  there in the                                                                    
fiscal year, the legislature  could reappropriate the funds.                                                                    
She  said that  the state  had 4  years, until  December 31,                                                                    
2024, to spend all the money.                                                                                                   
                                                                                                                                
1:53:42 PM                                                                                                                    
                                                                                                                                
Ms. Harbour  turned to  slide 8, a  continuation of  the IFR                                                                    
eligible uses:                                                                                                                  
                                                                                                                                
   Treasury Guidance  IFR Eligible Uses                                                                                       
                                                                                                                                
     A. or its negative economic impacts: equity-focused                                                                        
        services to those hardest hit by COVID                                                                                  
                                                                                                                                
          • Addressing Health Disparities                                                                                       
          • Investing in Housing & Neighborhoods                                                                                
          • Addressing Educational Disparities                                                                                  
          • Promoting Healthy Childhood Environments                                                                            
                                                                                                                                
Ms.  Harbour  stated  that a  non-exclusive  list  had  been                                                                    
provided of  additional services  that could be  provided to                                                                    
more impacted  individuals (low income and  minority groups)                                                                    
that would be presumed to  be eligible. She relayed that the                                                                    
individuals had  been defined  by using  data from  the U.S.                                                                    
Census. She relayed  that the qualified census  tract had 50                                                                    
percent of households  with incomes below 60  percent of the                                                                    
area  medium  gross income  or  had  a  poverty rate  of  25                                                                    
percent or more.                                                                                                                
                                                                                                                                
Vice-Chair  Ortiz   asked  about  the  guidelines   as  they                                                                    
pertained to rural communities in Alaska.                                                                                       
                                                                                                                                
Ms. Harbour answered that the  majority of the state's rural                                                                    
communities were considered qualified census tracts.                                                                            
                                                                                                                                
1:56:33 PM                                                                                                                    
                                                                                                                                
Ms.  Harbour  discussed the  IFR  eligible  uses related  to                                                                    
responding to workers performing essential work on slide 9:                                                                     
                                                                                                                              
     Treasury Guidance  IFR Eligible Uses                                                                                     
                                                                                                                                
    B. to respond to workers performing essential work                                                                          
                                                                                                                                
       Example professions eligible for premium pay:                                                                            
          • Staff at nursing homes, hospitals, and home                                                                         
             care settings                                                                                                      
          • Workers at farms, food production facilities,                                                                       
             grocery stores, and restaurants                                                                                    
          • Janitors and sanitation workers                                                                                     
          • Truck drivers, transit staff, and warehouse                                                                         
             workers                                                                                                            
          • Public health and safety staff                                                                                      
          • Childcare workers, educators, and school staff,                                                                     
          • Social service and human services staff                                                                             
                                                                                                                                
               o Essential work involves regular in-person                                                                      
                  interactions or physical handling of items                                                                    
                  that were also handled by others                                                                              
               o Recipients have discretion to designate                                                                        
                  additional sectors                                                                                            
                                                                                                                                
        Premium pay  should  prioritize  low- and  moderate-                                                                    
        income  workers,  who  face  the  greatest  mismatch                                                                    
        between   employment-related   health    risks   and                                                                    
        compensation.                                                                                                           
                                                                                                                                
Representative  Wool contended  that  those  that worked  in                                                                    
restaurants should be considered low-income.                                                                                    
                                                                                                                                
Ms. Harbour  agreed. She explained  that if the  premium pay                                                                    
did  not  take  the  employee above  150  percent  of  their                                                                    
average  wage for  Alaska,  it would  be  allowed. Over  the                                                                    
average wage would require further justification.                                                                               
                                                                                                                                
Representative  Wool asked  whether  teachers would  qualify                                                                    
for premium pay. He understood  that if they qualified, they                                                                    
would have to meet the same average wage qualifications.                                                                        
                                                                                                                                
Ms. Harbour  replied in in  the affirmative. She  added that                                                                    
the pay  could go above  the average wage but  would require                                                                    
additional justification.                                                                                                       
                                                                                                                                
Representative Wool asked  whether there would have  to be a                                                                    
premium pay  allocation in place  that entities  would apply                                                                    
to, or  whether there would  have to be a  budget allocation                                                                    
for premium pay. He had not seen one in a budget.                                                                               
                                                                                                                                
Ms. Harbour answered  that it would depend on  how the state                                                                    
set up the  programs. She said that if a  program was set up                                                                    
specifically  targeted  to  premium  pay, it  would  take  a                                                                    
specific  appropriation.  She  furthered  that  the  program                                                                    
could look  not only at  revenue loss, but also  at Covid-19                                                                    
expenses  and  other  loss of  revenue,  when  submitting  a                                                                    
request for reimbursement.                                                                                                      
                                                                                                                                
Representative Josephson pointed to the  text in blue at the                                                                    
bottom of  slide 9  about premium  pay. He  wondered whether                                                                    
people could qualify retroactively.                                                                                             
                                                                                                                                
Ms. Harbour answered in the affirmative.                                                                                        
                                                                                                                                
2:01:19 PM                                                                                                                    
                                                                                                                                
Representative Josephson stated  that employers were arguing                                                                    
that  UI benefits  were affecting  their  ability to  retain                                                                    
staff, while  employees argued that  working wages  were too                                                                    
low.  He wondered  whether the  retroactivity could  satisfy                                                                    
both parties.                                                                                                                   
                                                                                                                                
Ms.  Harbour  responded  that the  guidance  specified  that                                                                    
compensation  should  be  prioritized for  low-wage  workers                                                                    
that  performed essential  work, and  that retroactive  work                                                                    
during the  covered period of  time, as well  as prospective                                                                    
work, should be considered.                                                                                                     
                                                                                                                                
2:02:37 PM                                                                                                                    
                                                                                                                                
Mr. Steininger turned to slide 10:                                                                                              
                                                                                                                                
     Treasury Guidance - IFR Eligible Uses                                                                                    
                                                                                                                                
     C. for the provision of government services to the                                                                         
     extent of the reduction in revenue:                                                                                        
                                                                                                                                
        • Provide continuity of vital government services                                                                       
          by filling budget shortfalls                                                                                          
        • Revenue loss is calculated relative to the                                                                            
          expected trend, beginning with the last full                                                                          
          fiscal year pre-pandemic and adjusted annually                                                                        
          for growth                                                                                                            
        • Recipients may re-calculate revenue loss at                                                                           
          multiple points during the program, supporting                                                                        
          those entities that experience revenue loss with                                                                      
          a lag                                                                                                                 
        • Once a reduction in revenue is identified,                                                                            
          recipients have broad latitude to use these funds                                                                     
          to support government services (with some                                                                             
          exceptions, described later)                                                                                          
     Source: The above text is from a Treasury presentation                                                                     
     on the IFR.                                                                                                                
                                                                                                                                
He pointed  to the graph  on the  bottom right of  the slide                                                                    
and   explained   that   it    depicted   the   concept   of                                                                    
"counterfactual  revenue trend."  He  stated  that the  base                                                                    
year  revenue was  used to  calculate the  trends prior  and                                                                    
into the future. He stated  that the concept would allow the                                                                    
state to  credit the difference  between actual  revenue and                                                                    
the counterfactual  trendline in the states   favor when the                                                                    
ARP  dollars  were  used  for  general  government  services                                                                    
unrelated to Covid-19 response.                                                                                                 
                                                                                                                                
2:04:23 PM                                                                                                                    
                                                                                                                                
Mr.   Steininger  relayed   the  preliminary   estimates  of                                                                    
Alaska's  lost  revenues on  slide  11.  The gross  adjusted                                                                    
estimate  at the  top  of the  slide  showed the  percentage                                                                    
trendline between  FY 16  and FY 20,  with a  3-year average                                                                    
post Covid-19 growth rate of  12.2 percent. He noted OMB had                                                                    
removed  certain types  of revenues,  some  of the  revenues                                                                    
were called out to  exclude including investment revenue. He                                                                    
stated  that for  the purpose  of  the calculation  deposits                                                                    
from the permanent fund into  the ERA was removed along with                                                                    
the POMV draw from the ERA.  He stressed it was difficult to                                                                    
take  the numbers  on the  slide and  tie them  back to  any                                                                    
resource book from the Alaska  Department of Revenue. Actual                                                                    
revenue, using  the spring forecast was  significantly lower                                                                    
than  the  counterfactual  revenue,  resulting  in  a  large                                                                    
revenue loss  in FY 20.  He said that the  numbers indicated                                                                    
that the large  revenue loss estimate would  allow the state                                                                    
to use any amount of the ARPA to offset the general fund.                                                                       
                                                                                                                                
2:07:53 PM                                                                                                                    
                                                                                                                                
Representative  Wool  did not  see  a  unit divisor  on  the                                                                    
slide.  He noted  the  26  percent increase  for  FY 18.  He                                                                    
wondered what revenue source the numbers came from.                                                                             
                                                                                                                                
Mr. Steininger answered  that the numbers were  based on the                                                                    
Census  Bureau  definition  of revenue.  He  said  that  the                                                                    
revenue was a mix of  various revenue sources in the Revenue                                                                    
Sources Book,  but it did  not include some  revenue federal                                                                    
and  state   investment  revenues.  He  stressed   that  the                                                                    
takeaway was that the percentage  escalation growth rate was                                                                    
high  and allowed  the  state  to claim  a  large amount  of                                                                    
revenue loss.                                                                                                                   
                                                                                                                                
2:10:30 PM                                                                                                                    
                                                                                                                                
Representative Wool  asked whether a previous  negative year                                                                    
would create  a downward  slope, eliminating the  state from                                                                    
eligibility for  reimbursement. He wondered what  caused the                                                                    
26 percent gain in FY 18.                                                                                                       
                                                                                                                                
Mr. Steininger  answered that he would  leave revenue trends                                                                    
to the Department of Revenue. He  agreed that in FY 18 there                                                                    
was an increase in revenue.                                                                                                     
                                                                                                                                
Representative Wool was curious to  know what had caused the                                                                    
increase and whether it was POMV revenue.                                                                                       
                                                                                                                                
Mr. Steininger  reiterated that POMV had  been excluded from                                                                    
the calculation.                                                                                                                
                                                                                                                                
Representative Josephson  thought that the  slide reflecte4d                                                                    
that  the  state  could replace  UGF  dollars  with  federal                                                                    
resources.                                                                                                                      
                                                                                                                                
Mr. Steininger  agreed. The capacity for  the revenue offset                                                                    
was enough  that the entire  amount could be used.  He added                                                                    
that competing with the general  fund was using the funds to                                                                    
get economic relief out into communities.                                                                                       
                                                                                                                                
2:12:45 PM                                                                                                                    
                                                                                                                                
Mr. Steininger continued to slide 12:                                                                                           
                                                                                                                                
     Treasury Guidance - IFR Eligible Uses                                                                                    
                                                                                                                                
     C. for the provision of government services to the                                                                         
        extent of the reduction in revenue:                                                                                     
        ? Can Include                                                                                                           
        ?  Maintenance   or   building  of   infrastructure,                                                                    
        including roads                                                                                                         
        ?   Modernization   of    cybersecurity,   including                                                                    
        hardware,  software   and  protection   of  critical                                                                    
        infrastructure                                                                                                          
        ? Health services                                                                                                       
          Environmental remediation                                                                                             
        ? School or educational services                                                                                        
        ? Provision of police, fire and  other public safety                                                                    
        services ? Would not include ? Interest or principal                                                                    
        on any outstanding debt instrument  (debt service) ?                                                                    
        Settlements or  judgments ?  Reserves  of rainy  day                                                                    
        funds                                                                                                                   
                                                                                                                                
Mr. Steininger stressed that the  use of revenue offset must                                                                    
be  tied  to  a  specific  cost in  the  state  budget,  and                                                                    
appropriated accordingly, for proper tracking.                                                                                  
                                                                                                                                
Ms.  Harbour  clarified  that  the  list  on  slide  12  was                                                                    
nonexclusive.                                                                                                                   
                                                                                                                                
Representative Johnson  looked at  police, fire,  and public                                                                    
safety on slide  12. She asked whether it  also included the                                                                    
Department of Corrections.                                                                                                      
                                                                                                                                
Mr. Steininger replied that the  department would fall under                                                                    
"other public safety services."                                                                                                 
                                                                                                                                
Representative  Johnson   asked  whether   modernization  of                                                                    
cybersecurity   included  the   planning  of   modernization                                                                    
programs.                                                                                                                       
                                                                                                                                
Mr.  Steininger  stated  that  he  was  not  sure  that  the                                                                    
planning phase would be covered under eligibility.                                                                              
                                                                                                                                
Ms. Harbour  noted that costs to  effect implementation were                                                                    
covered, so  the planning of  how to  approach cybersecurity                                                                    
could be covered.                                                                                                               
                                                                                                                                
2:16:32 PM                                                                                                                    
                                                                                                                                
Ms. Harbour turned to slide 13:                                                                                                 
                                                                                                                                
   Treasury Guidance - IFR Eligible Uses                                                                                      
     D. to make necessary investments in water, sewer, or                                                                       
        broadband infrastructure:                                                                                               
                                                                                                                                
   Water and Sewer Infrastructure                                                                                             
     • Includes improvements to infrastructure, such as                                                                         
        building or upgrading facilities and transmission,                                                                      
        distribution, and storage systems                                                                                       
     • Eligible uses aligned to Environmental Protection                                                                        
        Agency project categories across the:                                                                                   
          o Clean Water State Revolving Fund                                                                                    
          o Drinking Water State Revolving Fund                                                                                 
                                                                                                                                
   Broadband Infrastructure                                                                                                   
     • Focus on households and businesses without a                                                                             
        wireline connection capable of reliably delivering                                                                      
        25 Mbps download/ 3 Mbps upload                                                                                         
     • Fund projects that deliver reliable service                                                                              
          o Minimum 100 Mbps download/ 100 Mbps upload                                                                          
             speeds unless impracticable                                                                                        
     • Complement broadband investments made through the                                                                        
        separate Capital Projects Fund.                                                                                         
                                                                                                                                
Ms.  Harbour  explained  that an  eligible  project  had  to                                                                    
result in  an upload, and  download, speed of 100  Mbps. She                                                                    
said in  instances where those  service speeds could  not be                                                                    
met  due to  geography, topography,  or excessive  cost    a                                                                    
download of 100Mbps,  with an upload of 10 or  20 Mbps would                                                                    
be acceptable.                                                                                                                  
                                                                                                                                
Co-Chair  Foster  stated  that  the  ARPA  funds  were  non-                                                                    
flexible  and  the  CSLFRF  money   was  more  flexible.  He                                                                    
understood that  there was $112  million in ARPA  funds that                                                                    
were required to go to broadband.                                                                                               
                                                                                                                                
Mr. Steininger agreed.                                                                                                          
                                                                                                                                
Co-Chair Foster  asked whether there  was a  mandated amount                                                                    
for water  and sewer and  whether funds for that  could come                                                                    
from the CSLFRF money.                                                                                                          
                                                                                                                                
Mr. Steininger agreed.                                                                                                          
                                                                                                                                
2:19:47 PM                                                                                                                    
                                                                                                                                
Representative  Josephson  understood  that  the  water  and                                                                    
sewer funds were in the ARPA funds.                                                                                             
                                                                                                                                
Mr. Steininger answered that the  water and sewer funds were                                                                    
in  the discretionary  CSLFRF category.  He  added that  the                                                                    
broadband discussed on the slide was in the same category.                                                                      
                                                                                                                                
Ms. Harbour  discussed the IFR restrictions  listed on slide                                                                    
14:                                                                                                                             
                                                                                                                                
     Treasury Guidance - IFR Restrictions                                                                                     
                                                                                                                                
        A. Direct or indirect offsets to a reduction in net                                                                     
           tax revenue:                                                                                                         
          ? Establishes  a framework  to determine  the cost                                                                    
          of changes  in law, regulation,  or interpretation                                                                    
          that reduce tax revenue                                                                                               
          ? Establishes  a framework  to identify  and value                                                                    
          the  sources   of  funds  that  will   offset  any                                                                    
          reduction in  net tax revenue resulting  from such                                                                    
          changes                                                                                                               
          ? The  framework prevents efforts to  the funds to                                                                    
          indirectly offset reductions in net tax revenue                                                                       
                                                                                                                                
        B. Deposits into any pension fund:                                                                                      
          ?  A  "deposit"  is defined  as  an  extraordinary                                                                    
          contribution to a pension fund                                                                                        
          ?  Recipients may  use funds  for routine  payroll                                                                    
          contributions to pensions for covered employees                                                                       
                                                                                                                                
        C. Other restrictions on use:                                                                                           
          ? Non-Federal match for other Federal programs                                                                        
          who bar the use of Federal funds to meet match                                                                        
          ? Subject to Uniform Guidance including the cost                                                                      
          principles and restrictions for selected items                                                                        
                                                                                                                                
Representative  Josephson spoke  of moving  $1 million  from                                                                    
the ERA  into the  Alaska Retirement Management  Board (ARM)                                                                    
account. He wondered whether the  action would have affected                                                                    
the states  ability to show a reduction in net tax revenue.                                                                     
                                                                                                                                
Ms. Harbour  clarified that the  restriction was  related to                                                                    
when state chose  to reduce its revenue,  such as offsetting                                                                    
fees. She said  that funding could not be  used to replenish                                                                    
fund lost from those offsets.                                                                                                   
                                                                                                                                
2:24:30 PM                                                                                                                    
                                                                                                                                
Representative  LeBon thought  that  the  state was  playing                                                                    
 catch  up  on  Public Employees'  Retirement System  (PERS)                                                                    
and Teachers'  Retirement System (TRS). He  wondered whether                                                                    
the catch up amount qualified for the funds.                                                                                    
                                                                                                                                
Mr.  Steininger replied  that  the  restriction on  deposits                                                                    
into  pension  funds  would   be  restricted;  however,  the                                                                    
employer  contribution,   on  top   of  payroll,   would  be                                                                    
allowable.                                                                                                                      
                                                                                                                                
Representative LeBon believed that  the investment return of                                                                    
the states  retirement funds during  the current fiscal year                                                                    
had  been robust,  which had  closed the  unfunded liability                                                                    
gap considerably.                                                                                                               
                                                                                                                                
Mr. Steininger answered that it  had been reported to him as                                                                    
well and once  the ARM Board revised its  projections in the                                                                    
fall the impact should be realized.                                                                                             
                                                                                                                                
2:26:19 PM                                                                                                                    
                                                                                                                                
Ms. Harbour  advanced to  the CSLFRF  reporting requirements                                                                    
on slide 15:                                                                                                                    
                                                                                                                                
     Treasury Guidance  CSLFRF Reporting                                                                                      
                                                                                                                                
     IFR Reporting Requirements:                                                                                                
     ?  State,  Metropolitan  Cities, Counties,  and  Tribal                                                                    
     Governments Project and Expenditure reports                                                                                
          ? Interim Report due August 31, 2021                                                                                  
          ? Quarterly through the end of the award period                                                                       
          (December 31, 2026)                                                                                                   
     ?  State,  Metropolitan  Cities  and  Counties  with  a                                                                    
     Population  over  250,000   Recovery  Plan  Performance                                                                    
     Report                                                                                                                     
          ? Initial Report due August 31, 2021                                                                                  
          ? Annually through the end of the award period on                                                                     
          December 31, 2026                                                                                                     
          ? Must be posted on the public-facing website of                                                                      
          the recipient                                                                                                         
     ? Nonentitlement Units of Local Government                                                                                 
          ? Annual Project and Expenditure reports until                                                                        
          the end of the award period                                                                                           
          ? Initial annual report must be submitted to                                                                          
          Treasury by October 31, 2021                                                                                          
                                                                                                                                
Ms.  Harbour   noted  that  Treasury  would   identify  some                                                                    
mandatory  indicators of  performance  and recipients  could                                                                    
identify  other  key   performance  indicators  they  wanted                                                                    
included  in  their  performance  report.  She  shared  that                                                                    
additional guidance was expected.                                                                                               
                                                                                                                                
2:28:25 PM                                                                                                                    
                                                                                                                                
Ms. Harbour continued to slide 16:                                                                                              
                                                                                                                              
     Next Steps / Follow-up                                                                                                   
                                                                                                                                
     ? The IFR  is scheduled to be published  in the Federal                                                                    
     Register on May 17, 2021                                                                                                   
     ?  There will  be a  60-day comment  period to  provide                                                                    
     input                                                                                                                      
     ?  Treasury  will  develop  a   Final  Rule  that  will                                                                    
     incorporate feedback                                                                                                       
     ? State assumptions will have  to be revisited based on                                                                    
     the Final Rule                                                                                                             
     ? Upon receipt, Alaska has  30 days to distribute pass-                                                                    
     through funding                                                                                                            
          ? Cities will need to have a valid DUNS numbers                                                                       
          ? There will need to be signed agreements                                                                             
          outlining requirements                                                                                                
          ? A 30-day extension can be requested                                                                                 
                                                                                                                                
Representative   Edgmon  referenced   the  final   rule  and                                                                    
assessment of  the state's revenue.  He noted that  the last                                                                    
time the committee had discussed  the issue the conversation                                                                    
of  the   PFD  had  arisen,  he   wondered  whether  interim                                                                    
guidelines had been determined.                                                                                                 
                                                                                                                                
Ms. Harbour  believed the conversation had  been specific to                                                                    
the maintenance of effort requirements  and that the PFD did                                                                    
not impact the lost revenue estimates.                                                                                          
                                                                                                                                
Representative   Wool   requested   any   updates   on   the                                                                    
maintenance of effort guidelines.                                                                                               
                                                                                                                                
Ms. Harbour agreed to provide the updates.                                                                                      
                                                                                                                                
Mr. Steininger provided  a brief update. He  said that there                                                                    
had been a deadline of  May 17, 2021, to provide information                                                                    
to  the  US  Department  of  Education.  He  said  that  the                                                                    
information had been submitted.                                                                                                 
                                                                                                                                
Representative  Wool recalled  that  the university  compact                                                                    
was  part  of the  maintenance  of  effort conversation.  He                                                                    
understood  that any  decrease in  university funding  would                                                                    
not affect the K-12 federal appropriation.                                                                                      
                                                                                                                                
Mr.  Steininger answered  that it  was  roughly correct.  He                                                                    
shared that the process would  involve and application for a                                                                    
waiver and  the determination of  the waiver would be  up to                                                                    
the  U.S. DOE.  He  said that  the state  did  not meet  the                                                                    
maintenance  of effort  requirement  and it  remained to  be                                                                    
seen hot U.S. DOE interpreted conditions in the state.                                                                          
                                                                                                                                
2:32:47 PM                                                                                                                    
                                                                                                                                
Mr. Steininger  talked about  CSLFRF capital  projects funds                                                                    
on slide 17:                                                                                                                    
                                                                                                                                
     ARP  CSLFRF Capital Projects Funds                                                                                       
                                                                                                                                
     Anticipated Alaska Allocation: $112.3 million                                                                              
          ? American Rescue Plan  allowable use language: 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)                                                                                         
          ?   Current   Treasury   website   allowable   use                                                                    
          language:  allows for  investment in  high-quality                                                                    
          broadband   as   well    as   other   connectivity                                                                    
          infrastructure,  devices,  and equipment  it  also                                                                    
          provides  flexibility for  each state,  territory,                                                                    
          and  Tribal government  to make  other investments                                                                    
          in  critical  community   hubs  or  other  capital                                                                    
          assets  that  provide   access  jointly  to  work,                                                                    
          education, and health  monitoring must demonstrate                                                                    
          that  they meet  the  critical connectivity  needs                                                                    
          highlighted   and   amplified  by   the   COVID-19                                                                    
          pandemic                                                                                                              
          ? Applicants  will be required  to provide  a plan                                                                    
          describing how they intend  to use allocated funds                                                                    
          Treasury  will begin  to  accept applications  for                                                                    
          review  in  the  summer  of 2021  and  will  issue                                                                  
          guidance before that date                                                                                             
                                                                                                                                
Mr.  Steininger  related  that,  currently,  there  was  not                                                                    
direct  guidance on  use of  the funds  and the  state would                                                                    
need to put together an  application that described what the                                                                    
funds would be used for.                                                                                                        
Representative Edgmon  asked whether there was  any sense of                                                                    
needing to  develop a plan  for the fund. He  wondered about                                                                    
applying  the tribal  money that  was potentially  coming to                                                                    
the state.                                                                                                                      
                                                                                                                                
Mr.  Steininger  replied in  the  affirmative.  He spoke  of                                                                    
partnership opportunities that may  be available between all                                                                    
entities   receiving   Covid-19   money.  He   thought   the                                                                    
collaboration could provide opportunities  to make the funds                                                                    
go further across communities in the state.                                                                                     
                                                                                                                                
Representative  Edgmon stated  there  was a  great need  for                                                                    
water, sewer, and  broadband in Alaska. He  thought it would                                                                    
be a great opportunity to leverage the funds if possible.                                                                       
                                                                                                                                
2:36:38 PM                                                                                                                    
                                                                                                                                
Representative  Wool looked  at  language on  slide 17  that                                                                    
applicants would  be required  to submit  a plan  to acquire                                                                    
funds. He wondered whether the  applicants would be applying                                                                    
to the state, or would the  state be applying to the federal                                                                    
government.                                                                                                                     
                                                                                                                                
Mr.   Steininger   responded   that   the   guidelines   for                                                                    
application  were not  yet public.  He  understood that  the                                                                    
state would  be applying,  but that  that could  change with                                                                    
new guidelines.                                                                                                                 
                                                                                                                                
2:37:55 PM                                                                                                                    
                                                                                                                                
Ms.  Harbour discussed  slide 18  related  to CSLFRF  tribal                                                                    
government funds:                                                                                                               
                                                                                                                                
 ARP  CSLFRF Tribal Government Funds                                                                                          
                                                                                                                                
     ? $1 billion to be distributed equally at $1.7 million                                                                     
     per Tribe ~$400 million to Alaska Tribes                                                                                   
     ? $19 billion to be distributed based on pro-rata                                                                          
     enrollment (65%) and employment (35%)                                                                                      
     ? Two Payments                                                                                                             
          ? First payment will  include the $1.7 million and                                                                    
          the enrollment portion of the $19B                                                                                    
          ?  Second  payment  will  include  the  employment                                                                    
          portion of the $19B                                                                                                   
          ? Treasury  expects the second payment  to be made                                                                    
          soon after  Tribal governments confirm  their 2019                                                                    
          employment   numbers   previously   submitted   to                                                                    
          Treasury in 2020                                                                                                      
     ? Upcoming Deadlines                                                                                                       
          ? The  deadline to  complete the  first submission                                                                    
          is May 24, 2021, at 11:59 PM PST                                                                                      
          ?  The  deadline  for  confirming  or  amending  a                                                                    
          Tribal  government's  2019 employment  numbers  is                                                                    
          June 7, 2021, at 11:59 PM PST                                                                                         
                                                                                                                                
Representative   Josephson   referenced  the   State   Small                                                                    
Business  Credit Initiative  and wondered  whether it  was a                                                                    
Covid-19 related initiative. He  wondered which entity would                                                                    
be  overseeing  the  funds  and  whether  a  plan  had  been                                                                    
developed for criteria for distribution.                                                                                        
                                                                                                                                
Ms. Harbour  was familiar with  the plan. She  believed that                                                                    
the   Department   of   Commerce  Community   and   Economic                                                                    
Development (DCCED) was working  with the Alaska Development                                                                    
Team (ADT)on  a plan for the  program. She did not  know the                                                                    
status.                                                                                                                         
                                                                                                                                
Representative  Wool   asked  what   employment    meant  as                                                                    
related to  the 35  percent of $19  billion listed  on slide                                                                    
18.                                                                                                                             
                                                                                                                                
Ms.  Harbour  referenced  attachment 3  in  members  packets                                                                    
"Coronavirus   State  and   Local   Fiscal  Recovery   Funds                                                                    
Allocations to Tribal Governments"  dated May 10, 2021 (copy                                                                    
on  file). She  lamented that   employment  was  not clearly                                                                    
defined  in  the  document.  She  noted  that  the  document                                                                    
stated, Treasury considers employment data from 2019.                                                                           
                                                                                                                                
Representative Wool  understood from  the document  that the                                                                    
 employment  was  of the tribal organization  itself and not                                                                    
of a particular village.                                                                                                        
                                                                                                                                
Representative Wool  thought that the funds  going to tribes                                                                    
was an  advantage to the  state. He wondered what  the rules                                                                    
were surrounding the distribution  of tribal funds according                                                                    
to village population size.                                                                                                     
                                                                                                                                
                                            th                                                                                  
Vice-Chair  Ortiz  asked  about the  May  24   deadline.  He                                                                    
wondered   whether   the   information  presented   to   the                                                                    
legislature was  also being  distributed to  tribal entities                                                                    
so they could meet the deadlines.                                                                                               
                                                                                                                                
2:44:14 PM                                                                                                                    
                                                                                                                                
Ms. Harbour replied  that Treasury was putting  the word out                                                                    
and  that  OMB   was  working  with  AML  and   AFN  to  get                                                                    
information distributed.                                                                                                        
                                                                                                                                
Vice-Chair Ortiz  clarified that  he did  not mean  to imply                                                                    
that   the   administration    was   responsible   for   the                                                                    
distribution  of information.  He  was  trying to  determine                                                                    
whether  the   issue  of  information  distribution   was  a                                                                    
problem.                                                                                                                        
                                                                                                                                
Ms.  Harbour  believed  it  was   a  very  real  issue.  She                                                                    
highlighted the tight turnaround times.                                                                                         
                                                                                                                                
Co-Chair Foster  thanked the presenters  for the  clarity on                                                                    
the use  of the  ARPA funds.  He discussed  housekeeping for                                                                    
the following days.                                                                                                             
                                                                                                                                
Vice-Chair  Ortiz understood  that the  committee would  not                                                                    
meet on  the weekend. He  wondered whether there would  be a                                                                    
meeting the coming Monday.                                                                                                      
                                                                                                                                
Co-Chair  Foster  answered  that   nothing  was  planned  at                                                                    
present.                                                                                                                        
                                                                                                                                
Co-Chair Foster believed the first conference committee may                                                                     
be the coming Monday, but it was not certain.                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
2:47:04 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:47 p.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
1. ARPA HFIN Alaska CSLFRF Allocations 5.10.2021.pdf HFIN 5/20/2021 1:30:00 PM
HB 69
2. ARPA HFIN FRF-Interim-Final-Rule_5.10.2021.pdf HFIN 5/20/2021 1:30:00 PM
HB 69
3.ARPA HFIN Tribal-Government-Allocation-Methodology.pdf HFIN 5/20/2021 1:30:00 PM
HB 69
4. ARPA HFIN Rescue-Act-Fed-Guidance-SLFRP-FAQ.pdf HFIN 5/20/2021 1:30:00 PM
HB 69
5.ARPA HFIN SLFRP-Quick-Reference-Guide-FINAL-508a.pdf HFIN 5/20/2021 1:30:00 PM
HB 69
ARPA HFIN 0. Attachment Table of Contents 051921.pdf HFIN 5/20/2021 1:30:00 PM
HB 69
ARPA HFIN OMB Treasury Guidance Overview 5.20.21.pdf HFIN 5/20/2021 1:30:00 PM
HB 69