Legislature(2013 - 2014)BARNES 124

01/25/2013 03:15 PM House LABOR & COMMERCE


Download Mp3. <- Right click and save file as

Audio Topic
03:16:43 PM Start
03:17:10 PM Overview: Department of Administration
04:28:54 PM Overview: Regulatory Commission of Alaska
04:59:07 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overviews: TELECONFERENCED
- Dept. of Administration, Various Divisions
- Dept. of Commerce, Community & Economic
Development, Various Divisions, as needed
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                        January 25, 2013                                                                                        
                           3:16 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Bob Herron                                                                                                       
Representative Dan Saddler                                                                                                      
Representative Andrew Josephson                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Lora Reinbold, Vice Chair                                                                                        
Representative Mike Chenault                                                                                                    
Representative Charisse Millett                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW:  DEPARTMENT OF ADMINISTRATION                                                                                         
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
OVERVIEW: REGULATORY COMMISSION OF ALASKA                                                                                       
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BECKY HULTBERG, Commissioner                                                                                                    
Department of Administration (DOA)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION    STATEMENT:        Presented    the    Department    of                                                            
Administration's (DOA) overview.                                                                                                
                                                                                                                                
MIKE BARNHILL, Deputy Commissioner                                                                                              
Department of Administration (DOA)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the overview on the                                                                     
Department of Administration (DOA).                                                                                             
                                                                                                                                
T.W. PATCH, Chair                                                                                                               
Regulatory Commission of Alaska (RCA)                                                                                           
Department of Commerce, Community & Economic Development (DCCED)                                                                
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Presented  an  overview of  the  Regulatory                                                            
Commission of Alaska (RCA).                                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:16:43 PM                                                                                                                    
                                                                                                                                
CHAIR  KURT OLSON  called the  House Labor  and Commerce  Standing                                                            
Committee  meeting   to  order  at  3:16  p.m.     Representatives                                                              
Josephson, Herron,  Saddler and Olson were present at  the call to                                                              
order.                                                                                                                          
                                                                                                                                
^Overview:  Department of Administration                                                                                        
            Overview:  Department of Administration                                                                           
                                                                                                                                
3:17:10 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  first order of business  would be                                                              
an overview by the Department of Administration.                                                                                
                                                                                                                                
3:17:40 PM                                                                                                                    
                                                                                                                                
BECKY   HULTBERG,  Commissioner,   Department  of   Administration                                                              
(DOA),  stated  that  the  DOA  is  a  complex  department.    She                                                              
referred to  the organization chart  of divisions  and independent                                                              
agencies,  noting  one  core department  function  is  to  provide                                                              
business support  services to  state agencies  and to  the public.                                                              
She  related the  department is  evenly divided  between the  two.                                                              
She  pointed  out  the department  has  a  number  of  independent                                                              
boards   and    commissions,   including   the    Violent   Crimes                                                              
Compensation  Board  (VCCB), the  Alaska  Oil &  Gas  Conservation                                                              
Commission (AOGCC),  the Alaska Public Offices  Commission (APOC),                                                              
the  Alaska   Public  Broadcasting  Commission  (APBC),   and  the                                                              
Office of Administrative  Hearings (OAH), which is  an independent                                                              
body that  hears administrative appeals.   She stated the  DOA has                                                              
core offices  in Anchorage, Fairbanks,  and Juneau,  but maintains                                                              
a statewide  presence offering  services  through the Division  of                                                              
Motor Vehicles  (DMV), the  Office of  Public Advocacy  (OPA), and                                                              
the Public Defender  Agency (PDA) [slide 3].  She  reported the FY                                                              
13  staff figures,  including  a total  of  1,145 employees,  with                                                              
1,087  fulltime, 18  part-time,  and 40  non-permanent  employees.                                                              
She said the budget is approximately $335 million this year.                                                                    
                                                                                                                                
COMMISSIONER   HULTBERG  provided   the   DOA's  "Strategic   Plan                                                              
Highlights"  [slide  4].   She  stated  the  DOA's mission  is  to                                                              
provide  consistent  and  efficient  support  services  for  state                                                              
agencies.  She  reported the department has undergone  an internal                                                              
strategic  planning  process  and has  developed  four  department                                                              
goals:   to provide  excellent customer  service, reduce  the rate                                                              
of spending  growth to sustainable  levels, and provide  efficient                                                              
delivery  of  services,  and encourage  employee  development  and                                                              
provide employee support.                                                                                                       
                                                                                                                                
3:21:28 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HULTBERG   turned  to  "Department   Level  Results"                                                              
[slide 5].   She stated  the five-year  trend in expenditures  has                                                              
been  growing  at  a  smaller  and smaller  rate.    In  2009  the                                                              
department was growing  at a 5.75 percent rate  of growth, whereas                                                              
this past  year had a  2.41 percent growth  rate.  She  alluded to                                                              
challenges  outside the DOA's  control this  year that  may impact                                                              
the  growth  rate of  expenditures.    She  referred to  the  core                                                              
growth  of  personal  services,  which  was  5.45  percent.    She                                                              
explained  that the  personal  services component  represents  the                                                              
largest  component  of  expenditures  for most  departments.    In                                                              
conclusion, since  the DOA's rate  has fallen to 2.41  percent, it                                                              
means  that the  DOA  is finding  efficiencies  or  other ways  to                                                              
transfer money into personal services.                                                                                          
                                                                                                                                
3:22:45 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HULTBERG  described  the "Services  to  the  Public"                                                              
[slide 6].  She  identified Amy Erickson as the  new DMV director.                                                              
She pointed  out numerous  positive changes  have occurred  at the                                                              
DMV,  including that  customer service  has improved  in the  past                                                              
several  years;  however,  it  can   continue  to  improve.    She                                                              
highlighted   technology  initiatives   for  the  DMV,   including                                                              
drivers'  licensing and  identification  security, and  knowledge-                                                              
testing system replacement.                                                                                                     
                                                                                                                                
COMMISSIONER  HULTBERG  noted  the  role of  the  Public  Defender                                                              
Agency  (PDA)  is to  uphold  the  rights  of the  accused,  which                                                              
represents  an important  constitutional  principle.   She  stated                                                              
the state can also  step in through the Office  of Public Advocacy                                                              
(OPA)  to  provide  counsel  in  instances  in  which  the  public                                                              
defender has  a conflict,  but the office  also manages  the Court                                                              
Appointed  Special   Advocate  (CASA)   program  and   the  public                                                              
guardian program,  including the  guardian ad  litem program.   At                                                              
this time  she highlighted she  did not anticipate  requesting any                                                              
supplemental  funding for  the two  agencies:   the  PDA and  OPA.                                                              
She reported if so,  it will be the first time  in its history the                                                              
PDA does not require any supplemental funding.                                                                                  
                                                                                                                                
3:25:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  noted the [Department of  Law's Criminal                                                              
Division]  prosecutor's   office  has   asked  for   increases  in                                                              
funding.  He  asked  whether  the  DOA  would  be  requesting  any                                                              
increases in  funding for the PDA  since the system tends  to work                                                              
best when  the funding for the  PDA and the prosecuting  office is                                                              
balanced.                                                                                                                       
                                                                                                                                
COMMISSIONER HULTBERG  answered the  DOA will monitor  closely the                                                              
resources  for the  public defenders  and prosecutors.   She  said                                                              
the DOA  wants to work within  its budget, philosophically,  which                                                              
is   why  the   department  is   not  planning   to  request   any                                                              
supplemental funding  for the PDA; however, she  said that doesn't                                                              
mean there won't be an increment in the FY 14 budget.                                                                           
                                                                                                                                
3:26:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  said  he  had some  experience  with  the                                                              
DMV's computer  system, which is  not the most up-to-date  system.                                                              
He  asked  the   commissioner  to  generally  address   the  DOA's                                                              
information technology (IT) resources.                                                                                          
                                                                                                                                
COMMISSIONER HULTBERG  answered that  the department has  a multi-                                                              
year  plan   to  replace   the  core  DMV   system  and   add  new                                                              
functionality.     She  reiterated   the  core  system   would  be                                                              
replaced, but over  time the DMV will also add  some functionality                                                              
that the  insurance companies need,  such as "real-time"  records.                                                              
She added  the process will take  time.  In further  response, she                                                              
clarified   the  insurance   companies   need  crash   information                                                              
transmitted.   In response  to a  further question,  she said  the                                                              
department has  two significant  IT projects: the  Core Enterprise                                                              
Technology  Services, which  provides telecommunications,  network                                                              
services, and  main-frame computer  services for  the state  as an                                                              
enterprise;  and   the  Integrated  Resource   Information  System                                                              
(IRIS)  project,  which  is  a   project  to  replace  the  legacy                                                              
accounting  and payroll  systems.   She  described  IT within  the                                                              
divisions  as  being  decentralized,   but  noted  the  two  broad                                                              
projects will affect  nearly everyone.  Thus, the  DOA's divisions                                                              
have planned  separate IT projects,  including that the DMV  has a                                                              
significant  IT project,  Personnel  [and Labor  Relations] has  a                                                              
Workplace  Alaska   replacement  project,  and  the   Division  of                                                              
Retirement and Benefits (DRB) also has one planned.                                                                             
                                                                                                                                
3:29:26 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HULTBERG  turned  to "Services  to  State  Agencies"                                                              
[slide  7].   She characterized  the DOA  as paying  wages to  its                                                              
employees,  who  perform  tasks.     Consequently,  the  DOA  must                                                              
negotiate labor  agreements, manage  health care, and  provide for                                                              
retirement and benefits  for its employees.  Further,  she related                                                              
the  department   also  provides  its  staff  with   IT  services,                                                              
commodities  such as  office furniture  and supplies,  as well  as                                                              
insurance, office  and lease space.   She offered to  discuss each                                                              
area to  discuss how  the department plans  to contain  and manage                                                              
costs, which ultimately are borne by all state agencies.                                                                        
                                                                                                                                
3:30:46 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HULTBERG  related  the  historic  rate  of  personal                                                              
services has been  level at 5.45 percent a year  since 2006 [slide                                                              
8].   She  explained that  personal  services includes  negotiated                                                              
cost of living  allowances (COLA), negotiated and  statutory merit                                                              
increase  and  pay increments,  plus  increases  in  employer-paid                                                              
health  insurance premiums.    Retirement  contributions are  also                                                              
made by the  state, she said.   She pointed out the  list of state                                                              
employees by  bargaining unit on  the slide, including  exempt and                                                              
partially-exempt   employees.    She   noted  that   agencies  are                                                              
typically funded  to cover the  negotiated COLA and  increases for                                                              
health care  premiums; however,  appropriations  are not  made for                                                              
merit  increases.     She  highlighted   that  a   state  employee                                                              
typically  is  hired at  the  "A"  step,  receives a  3.5  percent                                                              
increase annually  through the "F" step, and  subsequently receive                                                              
a 3.75  percent increase  at the  "G" step  every other  year into                                                              
perpetuity.                                                                                                                     
                                                                                                                                
3:32:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether it is possible  to eliminate                                                              
state  employees'   raises   or  if  it   depends  on   negotiated                                                              
contracts.                                                                                                                      
                                                                                                                                
COMMISSIONER   HULTBERG  answered  the   primary  source   of  pay                                                              
increases  is by  negotiated  contracts.   She  stated that  merit                                                              
increases and  the pay increment  system is not typically  "on the                                                              
table" in  bargaining sessions,  but the increases  represent part                                                              
of  the basic  compensation packet  for  employees.   She said  it                                                              
doesn't mean  these items can't  be considered, but in  past years                                                              
merit  increases  and pay  increments  have not  been  considered.                                                              
Further,  she pointed  out  exempt and  partially-exempt  employee                                                              
increases  are   statutory  requirements.    She   emphasized  the                                                              
necessity  for employers  to keep  all employees  on the same  pay                                                              
structure.  She  highlighted that typically three  state contracts                                                              
are  negotiated   each  year  and  the  department   is  currently                                                              
negotiating   the  general  government,   supervisory   unit,  and                                                              
confidential   employees,  which   include   the  human   resource                                                              
employees and  a few others.   In further response to  a question,                                                              
she said the  contracts typically cover three years  in length and                                                              
are staggered  since it  takes substantial  manpower to  negotiate                                                              
the agreements.                                                                                                                 
                                                                                                                                
3:34:26 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   HULTBERG   discussed  "Benefits,"   including   the                                                              
state's contributions  to active employee health  plans [slide 9].                                                              
She  said  the  bar  chart shows  the  increase  in  the  employer                                                              
portion of the  premium for employee health plans,  noting not all                                                              
employees are  covered under the  Alaska Care's active plan.   The                                                              
state funds four  union health trusts, but the  unions cover their                                                              
employee's health  insurance with  contributions.  She  listed the                                                              
union  health   trusts  as  Alaska  State   Employees  Association                                                              
(ASEA),  the Long-term  Care  (LTC) 51  Health  Trust, the  Public                                                              
Safety Employees  Association (PSEA), and Masters,  Mates & Pilots                                                              
(MM&P)  Health   Trust.    She  emphasized  that   the  employer's                                                              
contribution  rates  keep climbing,  noting  the  state funds  100                                                              
percent  of the  basic premium  for a  family economy  plan.   She                                                              
pointed  out Alaska  is  only one  of seven  states  that pay  one                                                              
hundred percent of  the basic premium plan.   She highlighted that                                                              
the   escalation  of   costs  is   of   significant  concern   the                                                              
department.   Thus, the  DOA has  developed strategies  to control                                                              
costs.                                                                                                                          
                                                                                                                                
COMMISSIONER  HULTBERG said  retirees  are covered  by the  Alaska                                                              
Constitution's  diminishment clause and  these benefits  cannot be                                                              
changed  as  the   insurance  market  changes.     The  court  has                                                              
interpreted that  the dollar amount of the  retirees' contribution                                                              
is  subject  to  the diminishment  clause,  which  makes  it  very                                                              
difficult for  the state  to change  benefits.  Essentially,  this                                                              
means  the  retirees'  plan is  increasingly  valuable  since  the                                                              
department cannot  adjust the deductible  or copay over  time, she                                                              
said.  She highlighted  that essentially what was  once an "80/20"                                                              
plan  is  now  a  "95/5" plan.    She  listed  some  benefits  not                                                              
included in  the retiree plan, such  as dependent coverage  to age                                                              
26, or  preventive care.  While  the department does  not disagree                                                              
with  the coverage,  as  commissioner,  she  is reluctant  to  add                                                              
costs to  a plan that  cannot be  later removed without  providing                                                              
an offsetting  enhancement.   Currently, the liability  associated                                                              
with state retirees  is a $4 billion health care  liability, which                                                              
is  part of  the overall  $12  billion in  liability  costs.   She                                                              
acknowledged  that plan changes  are possible,  and one  option is                                                              
to  litigate, whereas  another  choice is  to  create an  optional                                                              
retirees'  plan  that  retirees  can opt  into.    The  department                                                              
decided to  create an optional retirees'  plan, which is  in draft                                                              
form.    She   reported  that  the  DOA's  actuary   is  currently                                                              
reviewing the  optional retirees'  plan.   She offered  to discuss                                                              
enhancements and  cost-savings under  the proposed retirees'  plan                                                              
at some point.                                                                                                                  
                                                                                                                                
CHAIR OLSON advised  new members that colorectal  cancer screening                                                              
set off the debate last year.                                                                                                   
                                                                                                                                
3:39:03 PM                                                                                                                    
                                                                                                                                
COMMISSIONER HULTBERG  turned to "Business Processes"  [slide 10].                                                              
She  said  the  Integrated  Resources  Information  System  (IRIS)                                                              
Project  is the  replacement of  the core  accounting and  payroll                                                              
system.    She  added  IRIS  will   provide  human  resources  and                                                              
procurement functionality  at an  enterprise level for  the state.                                                              
She  characterized  this  as  a significant  IT  project  for  the                                                              
entire state and  will affect everyone, in particular,  in the way                                                              
that accounting and procurement jobs are performed.                                                                             
                                                                                                                                
3:40:02 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HULTBERG turned to  "Space Costs"  [slide 11].   She                                                              
referred to  the graph,  which depicts  the ever increasing  costs                                                              
for leases.   She highlighted  two components contributing  to the                                                              
cost growth.   First,  one component  of cost  increases has  been                                                              
due  to the  inflation of  leases.   Secondly, agencies  typically                                                              
have  needed more  space over  time.   She explained  the DOA  has                                                              
little direct  control over the  costs since leases  are typically                                                              
performed through  a request  for proposal  (RFP) process  and the                                                              
department selects  the most competitive respondent;  however, the                                                              
DOA can ensure that  its space is used effectively.   She said the                                                              
department just  implemented universal space standards  modeled on                                                              
private  sector standards  [slide  12].   She  related the  square                                                              
footage per employee  will shrink; however, the  state will offset                                                              
this  by  also limiting  the  number  of  private offices  and  by                                                              
moving  offices from  exterior  walls.   She  concluded this  will                                                              
result  in  lighter  spaces  and   "neighborhood"  should  enhance                                                              
collaboration  and  teamwork.   She  pointed out  private  meeting                                                              
spaces will  be available for employees  to use.   She highlighted                                                              
the  conservative  estimate  is  that the  state  will  save  $125                                                              
million over a twenty-year timeframe.                                                                                           
                                                                                                                                
3:41:59 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HULTBERG turned  to  "Purchasing" [slide  13].   She                                                              
said most  purchasing is  done at  the department level,  although                                                              
the  department has  enterprise-level agreements  and manages  for                                                              
bulk purchases.   She pointed  out some  of the savings  listed on                                                              
slide   13,  including   $11,991,321  in   software  savings   and                                                              
$7,123,706 in savings for computers, printers, and peripherals.                                                                 
                                                                                                                                
3:42:22 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HULTBERG turned to  "IT Services"  [slide 14].   She                                                              
said  this   slide  identifies   the  six  enterprise   technology                                                              
services   priorities,  including   bandwidth,  security,   mobile                                                              
device  strategy &  support,  continuity of  operations,  identity                                                              
management,  and experienced-based  rate-setting and  rate-setting                                                              
alignment with  budget process.   She emphasized the DOA  wants to                                                              
ensure  its  rate  structure  is fair,  makes  sense,  and  aligns                                                              
agencies' costs.                                                                                                                
                                                                                                                                
3:43:18 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   HULTBERG,   in   response   to  a   question   from                                                              
Representative  Saddler,  said  she  would need  to  research  the                                                              
baseline  year of  comparison on  purchasing [slide  12], but  she                                                              
believed the  savings represents what  the state would  have spent                                                              
if it did not  have the contracts in place for  the current fiscal                                                              
year.                                                                                                                           
                                                                                                                                
3:43:40 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HULTBERG  turned to  "Insurance  and  Injury:   Risk                                                              
Management"  [slide 15].   She pointed  out the  Division  of Risk                                                              
Management  (DRM)  has  a  significant   budget.    This  division                                                              
provides property  insurance and  has responsibility  for workers'                                                              
compensation.    She  highlighted  that  often  the  DRM  expenses                                                              
exceeds  its authorization  since  the agency  has a  catastrophic                                                              
reserve  fund, which  allows the  risk management  section to  pay                                                              
claims  when  necessary.    She  stated  the  fund  was  about  $5                                                              
million;  however, in FY  12 the  bulk of  the fund was  expended.                                                              
She advised  that the DOA will  request funds for  risk management                                                              
since the agency has exhausted its reserve.                                                                                     
                                                                                                                                
3:44:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON identified  slips  and falls  as the  major                                                              
reason for  injury for  public and private  sector employees.   He                                                              
asked the  commissioner to evaluate  the department's  response to                                                              
assist employees  in returning to  work, and identify  whether the                                                              
DOA is aggressive or somewhat aggressive in its efforts.                                                                        
                                                                                                                                
COMMISSIONER HULTBERG  responded the  DOA could be  more proactive                                                              
in preventing some  workplace injuries.  She acknowledged  the DOA                                                              
has  identified the  need to  develop  a return  to work  program,                                                              
which  is not  currently  available.    She highlighted  that  the                                                              
department encourages  workers to  come back  to work, but  when a                                                              
person can no longer  perform his/her job the DOA  does not have a                                                              
specific   program  to  assist   him/her.     She  indicated   the                                                              
department  is conscious  of  this and  an  opportunity exists  to                                                              
become a bit more proactive.                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  agreed.    He  reported  that  the  Alaska                                                              
Public Entity Insurance  (APEI) and Alaska Municipal  League Joint                                                              
Insurance  Association  Inc.  (AMLJIA)  have  found  organizations                                                              
that "hold  the employee's  hand"  from time  of injury until  the                                                              
time they  get back  to work accrue  cost savings.   Additionally,                                                              
he pointed out the  longer employees are off the  less likely they                                                              
will  return to  work.   He referred  to  slide 4,  and asked  for                                                              
clarification on a spending growth reduction strategy.                                                                          
                                                                                                                                
COMMISSIONER  HULTBERG answered  the  Division  of Retirement  and                                                              
Benefits (DRB)  anticipates a  huge influx  of new retirees  since                                                              
"baby boomers"  are beginning to  retire.  The DOA  recognizes the                                                              
volume will  increase so  if the  department continues  to provide                                                              
the same  services, it will  be necessary  to hire more  people or                                                              
with better  processes.   Thus, the  division has reorganized  and                                                              
is  currently  using  operational  excellence  tools  to  identify                                                              
processes and  remove waste.  She  reported she learned  today one                                                              
process can be done  in 50 percent less time.   She concluded that                                                              
actions like  finding efficiencies  will help the  department meet                                                              
the growing  demand using  the same  resources and without  hiring                                                              
additional staff.                                                                                                               
                                                                                                                                
3:47:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON referred  to the  DOA's decision  not to                                                              
provide  health care  services  for  dependents up  to  age 26  on                                                              
retirees'  plans.  He  understood this  was not  an option  due to                                                              
the diminishment clause, but he asked for further clarification.                                                                
                                                                                                                                
COMMISSIONER  HULTBERG said  retirement plans  are not covered  by                                                              
the  Patient Protection  and Affordable  Care  Act (PPACA),  which                                                              
mandates  dependent coverage  up to  the age  of 26.   The  active                                                              
plan is  grandfathered under  the PPACA, but  is still  subject to                                                              
the act,  she said.   While the active  plan extends  coverage for                                                              
dependents  up  to the  age  of  26,  the retirees'  plan  is  not                                                              
subject to the act.   She surmised the intent was  to avoid adding                                                              
additional coverage  into retiree plans since some  employers were                                                              
dropping  retiree  plans  altogether.    She  explained  that  the                                                              
state's retirement  plan is  constitutionally protected;  however,                                                              
the state  is not  required to  add the  dependent coverage.   She                                                              
cautioned  adding dependents  would add additional  costs  and the                                                              
state  is  hesitant to  do  so.   In  response  to  Representative                                                              
Josephson, Commissioner  Hultberg offered  to provide  figures for                                                              
the cost of  covering retiree's youth, including  whether it would                                                              
be under $10 million.                                                                                                           
                                                                                                                                
3:49:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  further  asked whether  the  department                                                              
has  a position  about  a conceptual  defined  benefit  bill.   He                                                              
related  a  scenario  in  which  all parties  agree  the  cost  to                                                              
implement  a new defined  benefit  bill would  not be more  costly                                                              
than the  existing defined contribution  plan.  He inquired  as to                                                              
whether the department has other concerns besides cost.                                                                         
                                                                                                                                
COMMISSIONER  HULTBERG deferred  to  Mike  Barnhill; however,  she                                                              
asked  for clarification  on the  determination that  a plan  will                                                              
not cost  more.  She  said a  benefit plan does  not start  with a                                                              
built-in  unfunded liability,  but the employer  assumes  the risk                                                              
that  an unfunded  liability could  develop in  a defined  benefit                                                              
plan.    Even  though  a  plan  does  not  initially  identify  an                                                              
unfunded  liability or  that  a plan  is  self-sustaining or  less                                                              
costly  from an  operational  standpoint,  will not  insulate  the                                                              
state from a future unfunded liability.                                                                                         
                                                                                                                                
CHAIR OLSON  remarked some  people who  have indicated  a proposed                                                              
new defined  benefit  plan will  not incur cost  increases  may be                                                              
the same  ones that  got the state  "into the  mess" six  or seven                                                              
years  ago when the  state's retirement  plan  was converted.   He                                                              
identified  the issue  can arise  with interest  rates, using  the                                                              
wrong  mortality table,  or  making other  erroneous  assumptions.                                                              
He suggested  the vote  the legislature made  with respect  to the                                                              
conversion was  difficult to  make, but he  offered his  belief it                                                              
was  the  right  thing  to  do.     He  acknowledged  an  unfunded                                                              
liability currently  exists in  Alaska.   However, he  noted other                                                              
states have  followed suit,  but also  made drastic changes,  such                                                              
as  Rhode  Island,  whose  plan  changes  affected  not  only  its                                                              
current members, but retirees, too.                                                                                             
                                                                                                                                
3:52:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON raised options  to address  the unfunded                                                              
liability,  including  whether  the legislature  should  move  $11                                                              
billion  from  the  constitutional  budget reserve  (CBR)  to  the                                                              
Public  Employees  Retirement  System   (PERS)  and  the  Teachers                                                              
Retirement  System  (TRS) and  end  the  problem.   He  identified                                                              
another  approach   the  legislature   could  take  would   be  to                                                              
appropriate  $600 million  now  and  amortize it  over  time.   He                                                              
asked for clarification.                                                                                                        
                                                                                                                                
COMMISSIONER  HULTBERG said  a  fundamental  balancing act  exists                                                              
between paying  off a  liability and  ensuring budget  flexibility                                                              
to  meet all  of the  other needs  of Alaska's  citizens, such  as                                                              
schools,  roads,  and public  safety,  plus make  the  actuarially                                                              
required  contributions  to manage  the  state's  liability.   She                                                              
asked whether the  state would be wise to do so.   She said if the                                                              
price of  oil falls  to $40 per  barrel next  year that  the state                                                              
may need some of those savings to "help keep the lights on."                                                                    
                                                                                                                                
3:54:06 PM                                                                                                                    
                                                                                                                                
MIKE BARNHILL,  Deputy Commissioner, Department  of Administration                                                              
(DOA),  related historically  the  DOA provides  this  type of  an                                                              
overview on  the retirement  system to  the finance committees  at                                                              
the  beginning  of   the  legislative  session.     He  began  his                                                              
PowerPoint presentation  on "Special Focus:  Retirement  Funds and                                                              
Health Care Plans"  by discussing membership  statistics, focusing                                                              
on  the active  membership  percentage  remaining  in the  defined                                                              
benefit  plan   and  what  percentage   is  now  in   the  defined                                                              
contribution  plan.   He explained  the  state has  been stuck  at                                                              
75/25   percent  split   between  defined   benefit  and   defined                                                              
contribution  members.   According to  the draft  FY 12  actuarial                                                              
evaluation the  defined contribution population has  now increased                                                              
to 31 percent, he said.                                                                                                         
                                                                                                                                
MR.  BARNHILL reported  the Teachers  Retirement  System (TRS)  is                                                              
comprised of  73 percent active  employees and 27  percent defined                                                              
contribution employees.   In 2005,  the legislature  passed Senate                                                              
Bill  141,  which   closed  the  defined  benefits   plan  to  new                                                              
employees beginning on  July 1, 2006.  Over time,  the active plan                                                              
will  consist  solely   of  defined  contribution   members.    He                                                              
explained  the  process, that  once  the  fiscal year  closes  the                                                              
actuaries begin  work and typically  provide a draft  valuation by                                                              
the end of December  or early January.  While the  DOA has the new                                                              
figures,  the  figures have  not  yet  been  reviewed.   In  2006,                                                              
legislation required  a second actuary  must review  the valuation                                                              
figures   before  presenting   them  to   the  Alaska   Retirement                                                              
Management Board  (ARM Board).   He advised that this  process has                                                              
not yet begun or  is barely underway.  He anticipated  the figures                                                              
will  be presented  to  the  ARM Board  in  April  2013 and  final                                                              
action will  happen in  late spring or  possibly in  early summer.                                                              
He referred to "PERS/TRS  Basic Facts" [slide 19].   He stated the                                                              
unfunded liability  has grown to $11.832 billion  which is related                                                              
to investment  returns of  approximately .5  percent.   He related                                                              
one of  the actuarial  assumptions is  a return  of 8 percent  per                                                              
year; however,  the actuarial  return assumption  was missed  by a                                                              
fairly large margin.                                                                                                            
                                                                                                                                
3:58:04 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL noted  the funding ratio has  fundamentally decreased                                                              
so for  PERS, which is  funded at 61.3  percent and TRS,  which is                                                              
funded at  52.1 percent.  Typically,  an actuary would  consider a                                                              
healthy  plan one  that  has 100  percent of  its  assets, and  80                                                              
percent  is considered  a  healthy metric  in  an open  plan.   Of                                                              
course,  the  state  would  like  its  rates  to  increase  to  80                                                              
percent, the investment  markets to return, and  ratios to improve                                                              
since these are not particularly healthy numbers, he said.                                                                      
                                                                                                                                
3:58:55 PM                                                                                                                    
                                                                                                                                
MR.  BARNHILL  turned  to  the  "TRS  Basic  Facts"  "Health  Cost                                                              
Trends"  [slide  20],  noting  health  costs  is  one  reason  for                                                              
unfunded liabilities.   He  pointed out  this slide indicates  the                                                              
premiums  cost  changes  since  1977.   Over  the  long  term  the                                                              
compound  annual increase  has been  at 9 percent  while over  the                                                              
short  term health  care  costs have  flattened  out over  several                                                              
years  resulting in  low single-digit  growth.   This  has been  a                                                              
consistent long-term  pattern:  with sharp increases,  followed by                                                              
a  plateau  for a  few  years,  and then  rates  climbing  sharply                                                              
again.  He  indicated this is  evident in 2004-2008, with  a sharp                                                              
increase reflected  for 2010-2011.   During  the periods  of sharp                                                              
increases, the  department works  to flatten  out the rate  so the                                                              
long-term  annual  cost growth  rate  is  closer  to the  rate  of                                                              
inflation or inflation plus two or three percent, he said.                                                                      
                                                                                                                                
4:00:51 PM                                                                                                                    
                                                                                                                                
MR.   BARNHILL  reported   the  actuaries'   health  cost   growth                                                              
assumption  for  the  next 30  to  40  years  is calculated  at  6                                                              
percent per year.   In short, if  the state can beat  this rate it                                                              
will help  reduce the state's  unfunded liability  associated with                                                              
health care.   He reported  the PERS  and TRS unfunded  liability,                                                              
associated  with health  care, has  risen to  $4.1 billion.   Even                                                              
though the  overall unfunded liability  has increased, most  of it                                                              
is  a product  of  pensions  and  not due  to  health  costs.   He                                                              
referred  to the history  of PERS  and TRS  funding ratio  [slides                                                              
21-22].  Currently,  at 61 percent, the state's  funding ratio has                                                              
fallen  to an all-time  low  in the history  of PERS,  which  is a                                                              
product of  poor investment  returns.  He  reported from  the mid-                                                              
1990s  until 2002,  the  unfunded status  represents  misreporting                                                              
during this  period since the  actuaries underreported,  the state                                                              
under  contributed,   and  undercollected  from  employers.     He                                                              
recapped  that the  state did  not  collect enough  and the  state                                                              
continues to pay the price.                                                                                                     
                                                                                                                                
4:02:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  whether the Congresses'  proposal                                                              
to extend  the eligibility age to  67 for Medicare  coverage would                                                              
undermine  the state's efforts.   He  characterized the  potential                                                              
federal action as "a bad thing" for the state.                                                                                  
                                                                                                                                
MR. BARNHILL acknowledged  it would be bad for the  state since it                                                              
will expand  the gap for health  care coverage between  the Tier I                                                              
normal retirement  age of 55  and the Tier  III retirement  age at                                                              
60.   He explained  a gap currently  exists between  retirement at                                                              
age 60  and the Medicare  eligible age  of 65.   He agreed  if the                                                              
Congress increases  Medicare eligibility to 67, with  no change in                                                              
the  retirement plan,  it  would  result in  a  coverage gap  that                                                              
could potentially expand forever.                                                                                               
                                                                                                                                
4:03:44 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  remarked   that  the  actuaries'  actions   were  so                                                              
egregious they settled  out of court for $500  million rather than                                                              
go to trial.                                                                                                                    
                                                                                                                                
MR. BARNHILL agreed  the settlement was put into  the health trust                                                              
funds for  PERS and  TRS.  He  said two  of the state's  actuaries                                                              
were   given   a  three-year   suspension   by   their   governing                                                              
organizations.                                                                                                                  
                                                                                                                                
4:04:33 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL  turned to "Contribution  Rates" [slide 23].   In the                                                              
early  2000s, the  state had  relatively  low contribution  rates,                                                              
which  was a  product  of  underreporting, under  collecting,  and                                                              
poor  projections on  health  care cost  growth.   In  FY 02,  the                                                              
state  discovered  problems with  the  actuaries'  valuation.   In                                                              
2004,  an unfunded  liability of  over $4  billion was  disclosed.                                                              
As a  result, the  retirement boards  struggled with the  unfunded                                                              
liability,  but ultimately  decided  not to  set the  contribution                                                              
rate to the full  amount; instead, the boards let  that rate grow.                                                              
From 2004-2007,  the contribution rate  was set at five  percent a                                                              
year  rather use  the full  rate.   At the  time, the  legislature                                                              
sunsetted the boards  and replaced them with the  ARM Board, which                                                              
has always  set the rates  at the full  actuarial rate.   In 2007,                                                              
rates spiked  to over 50 percent  for TRS and over 30  percent for                                                              
PERS,  which   created  a  problem   for  the  legislature   since                                                              
political subdivisions  and school  districts must also  pay those                                                              
rates, too.  In  fact, when contributions to a  pension system are                                                              
in excess  of 50 percent  of the payroll,  the burden could  tip a                                                              
school   district   or  political   subdivision   into   potential                                                              
bankruptcy.   Thus, the legislature  immediately acted.   In 2007,                                                              
the legislature appropriated  funds to buy down the  rates, and in                                                              
2008, the  legislature passed Senate Bill  125 to cap the  rate at                                                              
22  percent  for  political subdivisions  and  12.56  percent  for                                                              
school  districts.    He  concluded   that  this  provided  fairly                                                              
generous relief to  school districts, although he  believed it was                                                              
a fairly unusual action to take in the U.S.                                                                                     
                                                                                                                                
4:07:02 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL  reported  some states  and cities  were not  able to                                                              
pay their  unfunded liability  and filed  for bankruptcy,  such as                                                              
Alabama,  Rhode  Island, and  Pennsylvania  and  the City  of  San                                                              
Bernardino,  California.   In 2007-2008,  the markets returned  in                                                              
and  the improved  investment  returns reduced  rates.   In  2009,                                                              
markets crashed once  again and rates began to  increase, he said.                                                              
Currently,  the  DOA now  has  2014 rates  as  well  as the  draft                                                              
proposed  2015  rates,  noting   a  three-year  rate  setting  lag                                                              
exists.   Thus, he  advised the  valuation for  2012 will  set the                                                              
2015 rates, which  is estimated at over 60 percent  for TRS and 40                                                              
percent for  PERS.  He  remarked these  rates are the  highest the                                                              
system  has ever  seen.   Since  2008, the  state has  contributed                                                              
over $2 billion  in total to school districts  and participants in                                                              
PERS.  The  lion's share of this  assistance - $600 million  - has                                                              
gone  to  the state  as  employer.    The $1.4  billion  in  state                                                              
assistance   to  school  districts   and  political   subdivisions                                                              
represents  an  extraordinary  amount   of  assistance.    Looking                                                              
forward,  the governor  has  put in  the  FY 14  budget  - in  the                                                              
language section  - a request for  an additional $630  million, he                                                              
said.                                                                                                                           
                                                                                                                                
MR. BARNHILL  emphasized  the ARM Board  instituted a  methodology                                                              
change.   He characterized  an unfunded liability  as a  debt that                                                              
is amortized  over time, such as  a house mortgage.   The payments                                                              
are  the same  each  year,  which  is considered  "a  level-dollar                                                              
amortization."   The ARM  board adopted  a different structure,  a                                                              
"level-percentage  of  pay amortization,"  which  is  back-loaded.                                                              
Consequently,  annual  payments  will  go  up  correspondent  with                                                              
growth  in payroll.   The  ARM board  used four  percent per  year                                                              
growth as an assumption  for payroll.  All things  being equal, he                                                              
predicted the unfunded  liability will likely continue  to grow at                                                              
four   percent  per   year.     He  reported   the  level   dollar                                                              
amortization as  more front-loaded  and a level-percentage  of pay                                                              
amortization  as back-loaded  or one  that pays  more at the  end.                                                              
Until FY  14, the amounts  were calculated  on a level  percentage                                                              
of  pay amortization  methodology,  although  the  ARM Board  just                                                              
adopted  a level-dollar  amortization methodology.   This  invites                                                              
the legislature  to appropriate  more funds  for state  assistance                                                              
earlier rather than to back-load it, he said.                                                                                   
                                                                                                                                
4:11:39 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL turned  to the "PERS/TRS GF State  Assistance (SB125)                                                              
[slide  24]."    In  FY  15,  the  PERS/TERS  general  fund  state                                                              
assistance  amounts jumped sharply  from $600  million to  over $1                                                              
billion,  noting  these  projections   are  based  on  the  FY  11                                                              
valuation.    He  hoped  that  projections  for  FY  12  would  be                                                              
available  next   week,  although   he  did  not   anticipate  any                                                              
financial improvements.   He  noted the  ARM Board is  essentially                                                              
inviting the  legislature to  accelerate payments  in the  form of                                                              
state assistance with  payments cresting over $1 billion  in FY 16                                                              
and  trending   down  until  the   unfunded  liability   is  fully                                                              
amortized,  based  on a  20-year  amortization.  In FY  2030,  the                                                              
state  would  be  able to  fully  amortize  the  initial  unfunded                                                              
liability that arose in the FY 02 evaluation, he said.                                                                          
                                                                                                                                
4:12:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  related his understanding  in 2007-2008,                                                              
the  legislature  took action  to  ease  the burden  on  political                                                              
subdivisions.    He suggested  it  appears  as  though it  may  be                                                              
necessary to do so again.                                                                                                       
                                                                                                                                
MR. BARNHILL  said the  result of capping  rates was  that someone                                                              
must pay:  the school  districts, the  political subdivisions,  or                                                              
the state.  The  graph shows the amounts paid by  the state, which                                                              
represents  the  difference  between  the  actuarial  rate  at  22                                                              
percent and  real rate  for PERS  at 12.5  percent, plus  the real                                                              
rate for the TRS [slide 23].                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  the reason  the maximum  rate for                                                              
PERS is set  at 22 percent, but  the TRS rate is only  set at 12.5                                                              
percent.                                                                                                                        
                                                                                                                                
MR. BARNHILL answered the 22 percent was a negotiated figure.                                                                   
                                                                                                                                
CHAIR OLSON  recalled the percentage  was arrived at to  keep some                                                              
smaller cities  and school  districts from "going  belly up."   He                                                              
further recalled it was an arbitrary number.                                                                                    
                                                                                                                                
4:14:16 PM                                                                                                                    
                                                                                                                                
MR.  BARNHILL  agreed the  PERS  rate  was arbitrary;  however  he                                                              
advised the  TRS rate  was based on  the actuarial projection  for                                                              
the  normal cost  for  the system,  in  the valuation  before  the                                                              
legislature  at the  time.  He  offered to  discuss the  different                                                              
components of  cost.  He  identified the  normal cost rate  as the                                                              
amount an  employer will contribute  to the  system if all  of the                                                              
actuarial assumptions  are accurate.  He reported  adjustments are                                                              
always  necessary  and any  adjustment  falls under  past  service                                                              
cost rates.   In this instance,  12.5 percent was the  normal cost                                                              
rate  for the  TRS, he  said.   The legislature  decided that  the                                                              
state  would pick  up the  entire  past service  costs for  school                                                              
districts and  share it with  political subdivisions.   He pointed                                                              
out the  graph represents  the amounts  the ARM  Board would  like                                                              
the  legislature to  appropriate  over  the next  20  years.   The                                                              
state used  the level percentage  of pay methodology and  the bars                                                              
trend up  over time; however,  in the short  term it is  closer to                                                              
the amount the state historically has paid.                                                                                     
                                                                                                                                
MR. BARNHILL  referred to  "PERS/TRS GF  State Assistance"  [slide                                                              
24].   Despite what  ARM board recommends,  the legislature  still                                                              
retains  the power  of appropriation,  he  advised.   At the  same                                                              
time, a  variety of ways  exist to pay  off the debt  ranging from                                                              
Representative Josephson's  suggestion to  pay it all off  to some                                                              
financing  or amortization  plan.    As an  aside,  last year  the                                                              
state and the ARM  Board considered dozens of ways  to finance the                                                              
debt.  Naturally,  the more that  the state pays now,  the less it                                                              
will need  to pay  later, he said.   Under  a level percentage  of                                                              
pay the state  will pay more over  time; however, in doing  so the                                                              
state  may have  ability to  manage  short term  obligations.   In                                                              
conclusion, the legislature  and the governor will  need to decide                                                              
the best approach, he said.                                                                                                     
                                                                                                                                
4:17:41 PM                                                                                                                    
                                                                                                                                
MR.  BARNHILL  turned  to  the  "Projected  Retirement  Population                                                              
Growth" [slide  25].  He noted  between the two systems  the state                                                              
expects  retirees  to  grow  to  60,000  by  end  of  the  decade.                                                              
Consequently,  he  said this  will  put  pressure  on the  DRB  to                                                              
process  and administer  a larger  retiree  population.   Further,                                                              
retirees  will receive  benefit  payments and  submit health  care                                                              
claims,  which will  put some  additional pressure  on cash  flow.                                                              
Additionally, the  cash flow demands  will potentially  impact the                                                              
rates of return and asset allocation must be considered.                                                                        
                                                                                                                                
4:18:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  whether  survivor benefits  cover                                                              
the  department's  projections, in  other  words  in instances  in                                                              
which the retirees predecease their spouses.                                                                                    
                                                                                                                                
MR.  BARNHILL responded  that  the money  flows  out, but  nothing                                                              
helps administer the system.                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  pointed out that retirees  pay a premium                                                              
for selecting survivor benefits.                                                                                                
                                                                                                                                
MR.  BARNHILL  answered the  premium  is  not  held back,  but  he                                                              
offered  to check  with the  DRB  and provide  the committee  with                                                              
exactly how that cash flow works.                                                                                               
                                                                                                                                
4:19:55 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL  turned  to "Benefits:   PERS/TRS"  [slide 26].   One                                                              
way to  consider the unfunded liability  would be to  consider the                                                              
net present value  (NPV) and the figure will  increase or decrease                                                              
depending on  the assumptions  used.  Thus,  by using  an earnings                                                              
assumption of 8.5  percent, the estimated unfunded  liability will                                                              
decrease  to less than  $10 billion,  but using  a lower  earnings                                                              
assumption, such  as 5 percent,  the estimated unfunded  liability                                                              
will  increase to  over $20  billion.   He  directed attention  to                                                              
nominal  dollar payouts  over time,  which he  referred to  as the                                                              
"hard liabilities"  the system  must meet.   He said, "We  have to                                                              
make  these  payments per  the  constitution.   These  folks  have                                                              
earned these  benefits.  They must  be paid."  The  department has                                                              
asked its  actuaries to give the  state the full  projection since                                                              
the system  is closed and  most of the  retirees will  have passed                                                              
away by 2080,  he said.  He  related the department  is interested                                                              
in  identifying  demands  for  cash  between  now and  2080.    He                                                              
reported  the current  cash flow  at $1.5  billion; however,  this                                                              
will increase  to $3.5  billion  by 2040 and  "grades down"  until                                                              
2080.   Accordingly, the  demands on  the system  will be  over $3                                                              
billion per  year for  a period  of over 20  years.  He  expressed                                                              
his  concern  with  the defined  benefits  system  since  unfunded                                                              
liabilities can arise  at any time.  Thus, missing  the assumption                                                              
- eight  percent  - for  a couple  of years  could translate  into                                                              
additional   unfunded  liability.     Historically,  he   related,                                                              
business  cycles come  and  go and  the state  earnings  fluctuate                                                              
dramatically,  as  well.    Since it  isn't  possible  to  predict                                                              
additional unfunded  liabilities or  shortfalls may happen  he has                                                              
focused on  the 20-year period  in which  the system will  need $3                                                              
billion per year.                                                                                                               
                                                                                                                                
MR.  BARNHILL  suggested   members  keep  in  mind   the  unfunded                                                              
liability and  unpredictable cycles  as the legislature  considers                                                              
whether  to go  back to  a defined  benefit plan,  along with  any                                                              
risks that  such a  decision might  pose, and  how the  state will                                                              
manage its cash flow.                                                                                                           
                                                                                                                                
4:23:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked if Mr.  Barnhill would comment  on a                                                              
hybrid  retirement plan,  which would  consist of  a part  defined                                                              
benefit and part defined contribution plan.                                                                                     
                                                                                                                                
MR. BARNHILL  responded that a bill  was introduced in  the Senate                                                              
this  week; however  it is  identical to  a bill  that passed  the                                                              
Senate last  year, Senate  Bill 121.   He said the  administration                                                              
opposed the  bill last year and  will continue to oppose  any pure                                                              
defined  benefit plan.   He  pointed  out some  other states  have                                                              
experimented  with alternatives  to defined  benefits, which  they                                                              
called  hybrids.     The  administration   would  be   willing  to                                                              
entertain the  discussion so long  as the state is  protected from                                                              
the type  of unfunded liability  that has arisen with  the current                                                              
plans,  he said.   Further,  the state  would also  be willing  to                                                              
consider other  retirement plan;  however, the DOA's  concern with                                                              
any defined  benefit plan  is that  these plans  do not  provide a                                                              
secure  retirement.    Lastly, other  states,  such  as  Colorado,                                                              
Rhode Island,  South Dakota,  and Minnesota  have cut  benefits to                                                              
current  retirees, which  the administration  believes is  unfair,                                                              
he said.                                                                                                                        
                                                                                                                                
MR. BARNHILL,  in response to a  comment, agreed some  states have                                                              
also cut  benefits to  current employees.   For example,  it might                                                              
not  be fair  to shut  the library  so a  retiree can  get a  full                                                              
pension,  he said.   Further, it  wouldn't be  fair cut  teachers'                                                              
salaries either and the administration wants to avoid doing so.                                                                 
On response to a  question on trends, Mr. Barnhill  said the state                                                              
is unquestionably a  leader in terms of its decision  to move from                                                              
a defined  benefits  plan.  He  said most  states have  considered                                                              
hybrids  or are keeping  their plan  open and  he credited  former                                                              
Governor Frank  Murkowski for having  taken action to  address the                                                              
issue.                                                                                                                          
                                                                                                                                
4:26:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON acknowledged  he is  alarmed by  what he                                                              
sees; however,  the overview points  to rising health  care costs,                                                              
including  premiums increasing  in  cost from  $500  to $1,300  in                                                              
twelve  years.   He  asked  whether  a  proposal to  omit  retiree                                                              
health  care  could be  a  starting  point  to  make Tier  V  more                                                              
solvent.                                                                                                                        
                                                                                                                                
MR.  BARNHILL predicted  the  administration  would likely  oppose                                                              
any  pure defined  benefit proposal.   He  acknowledged a  problem                                                              
with health  care costs  exists, but  the unfunded liability  also                                                              
relates  to investment  returns.   In  fact, when  an employer  is                                                              
responsible  for making  the plan  whole,  but investment  returns                                                              
stagnate  over  time, the  result  is  an unfunded  liability,  he                                                              
said.    Thus,  the  solution  is  to  look  beyond  pure  defined                                                              
benefits  to  equitable  risk sharing  and  creative  alternatives                                                              
similar  to  ones adopted  by  other  states.   He  concluded  his                                                              
presentation by stating  that he is proud of what  Alaska has done                                                              
since  it has  not cut  benefits  or "changed  the  deal" for  its                                                              
defined benefits' retirees.                                                                                                     
                                                                                                                                
^Overview: Regulatory Commission of Alaska                                                                                      
           Overview: Regulatory Commission of Alaska                                                                        
                                                                                                                              
4:28:54 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  final order of business  would be                                                              
an Overview by the Regulatory Commission of Alaska (RCA).                                                                       
                                                                                                                                
4:29:12 PM                                                                                                                    
                                                                                                                                
T.W.  PATCH,   Chair,  Regulatory  Commission  of   Alaska  (RCA),                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED),  stated  some  aspect of  the  RCA's  activities  touches                                                              
every Alaskan each  day of the year.  He said everyone  at the RCA                                                              
works to  ensure safe, reliable,  reasonably continuous,  just and                                                              
reasonably-priced  utility service is  available to Alaskans.   He                                                              
commended Commissioner  Hultberg's observation that  the state may                                                              
need "cash to keep  the lights on."  In essence,  he related, this                                                              
is a concern the RCA attends to every day.                                                                                      
                                                                                                                                
4:31:12 PM                                                                                                                    
                                                                                                                                
MR. PATCH asked  members to pose questions.  He  hoped members had                                                              
already received  a copy  of the DCCED's  budget overview  and the                                                              
RCA's  annual  report.  He characterized  his  comments  today  as                                                              
being general  and not  providing a  detailed financial  report of                                                              
the RCA.                                                                                                                        
                                                                                                                                
4:32:59 PM                                                                                                                    
                                                                                                                                
MR.  PATCH described  his  workday  for members  in  an effort  to                                                              
illustrate  his   wide-ranging  duties.     He  stated   his  day,                                                              
including that  he prepared for  a conference in  Washington D.C.,                                                              
handled matters  re the Naknek Electric Association's  bankruptcy,                                                              
requested grant  funding, and interacted  with the  Federal Energy                                                              
Regulatory  Commission's (FERC)  staff  on its  decision to  allow                                                              
Hawaii's  to import liquefied  natural gas  (LNG).   Additionally,                                                              
he  edited  correspondence  to  the  governor  on  a  request  and                                                              
fielded  calls,   including  one  from  President   Jones  of  the                                                              
National  Association of  Regulatory Utility  Commission about  an                                                              
upcoming conference  and to accept a potential  appointment to the                                                              
National  Regulatory  Research Institute.    Further,  he said  he                                                              
assisted   procuring  an   appointment  for   Bob  Pickett   to  a                                                              
subcommittee on  Liquefied Natural Gas (LNG) exports,  attended an                                                              
RCA staff  meeting, prepared  for and  attended a hearing  related                                                              
to  the Chugach  Electric  Association (CEA),  Matanuska  Electric                                                              
Association (MEA),  Golden Valley  Association (GVA),  Enstar, and                                                              
Matanuska-Susitna   Electric   Association   (MEA),   which   also                                                              
included  the attorney  general.   He  highlighted  the matter  is                                                              
complex and was  not resolved, but is on a positive  track and may                                                              
afford CEA  and GVE some savings  to members.  He then  edited and                                                              
reviewed orders,  notices, and letter orders.   Next, he conferred                                                              
with the  executive director of  the Alaska Telephone  Association                                                              
(ATA) on  several matters.   Finally, he  related he  is attending                                                              
this hearing  and will  finish his  day by  packing his  briefcase                                                              
for weekend reading.                                                                                                            
                                                                                                                                
4:38:26 PM                                                                                                                    
                                                                                                                                
MR. PATCH decided  to use numbers to illustrate  and conveying his                                                              
overview  of  the   RCA,  similar  to  what  he   did  during  his                                                              
presentation last  year.  He  said numbers can represent  dollars,                                                              
dollars are often  paid as rates, and rates for  service translate                                                              
to utility  company billings.   He said  he asked the  Legislative                                                              
Budget and Audit  Committee (LB&A) to allow the  RCA an eight-year                                                              
extension.    The  RCA's  last sunset  review  was  in  2011,  and                                                              
although  the  LB&A  recommended   an  eight-year  extension,  the                                                              
legislature  only granted  the RCA  a  three-year extension  until                                                              
2014.   He  identified some  current staffing  issues, noting  the                                                              
RCA has  four commissioners,  but RCA's  Commissioner Kate  Giard,                                                              
resigned effective  January 4, 2013.  He reported  the governor is                                                              
currently  considering   appointees  and  he  hopes   to  make  an                                                              
appointment soon.                                                                                                               
                                                                                                                                
4:40:21 PM                                                                                                                    
                                                                                                                                
MR.  PATCH pointed  out  the number  "$500  million"  as a  number                                                              
often  discussed.   For example,  $500 million  is the amount  the                                                              
state  authorized for  the Alaska  Gasline  Inducement Act  (AGIA)                                                              
process.    He  characterized  it  as  a  significant  figure  and                                                              
related  it  to  a  utility perspective.    He  related  that  one                                                              
Southcentral  Electric  Utility   indicated  it  will  spend  $460                                                              
million  over  the  next four  years  for  necessary  distribution                                                              
system  improvements   and  other  capital  projects   related  to                                                              
reliable service  and two  utilities anticipate combined  spending                                                              
of  approximately  $563  million  for electric  services  to  meet                                                              
adequate generation  needs.  However, these utilities  do not have                                                              
700,000  ratepayers to  apportion the  costs, as  the state  does,                                                              
since it can apportion its AGIA costs to its residents.                                                                         
                                                                                                                                
MR. PATCH  turned to  the "number  one".   He explained  that "one                                                              
kilowatt"  is  the energy  consumed  by  17 60-watt  light  bulbs.                                                              
Further,  he related  that leaving  the  aforementioned lights  on                                                              
for  "one" continuous  hour would  result in  "one" kilowatt  hour                                                              
listed on an electric utility bill.                                                                                             
                                                                                                                                
MR. PATCH  said next year he  hopes to quantify "one  billion," in                                                              
terms of  a billion  cubic feet  of gas and  what that  might look                                                              
like.                                                                                                                           
                                                                                                                                
4:44:19 PM                                                                                                                    
                                                                                                                                
MR. PATCH  identified some  significant issues  for the RCA.   The                                                              
RCA  has  arranged  to  host  a   cyber-security  conference  this                                                              
summer.  He related  that some utilities have  convinced him their                                                              
systems  have been  attacked and  the RCA will  study and  address                                                              
the issues related to cyber-security.                                                                                           
                                                                                                                                
MR.  PATCH indicated  the  state  obtained a  favorable  long-term                                                              
credit  rating from  the Fitch  Group, a  national rating  service                                                              
and the governor  and legislature should be proud  of this rating.                                                              
A number  of  larger utilities  reported they  also have  received                                                              
positive ratings  from their rating agencies as  they seek capital                                                              
borrowing.    He  concluded  that  he  is  proud  when  a  utility                                                              
president  believes the  RCA has  had  a positive  influence on  a                                                              
company's credit rating.                                                                                                        
                                                                                                                                
MR.  PATCH  emphasized  that rural  infrastructure  concerns  him,                                                              
whether  it  is  the  cost  of fuel  oil  or  the  feasibility  of                                                              
replacing  aging  generation.    He  reported  the  RCA  has  been                                                              
working  on   bulk  fuel   and  with  ATA.     He  reported   that                                                              
Representative Edgmon  introduced a bill  to amend the  Power Cost                                                              
Equalization  (PCE) program.   The RCA  has reviewed the  proposed                                                              
legislation  and provided  analysis that  the bill  does not  have                                                              
any fiscal  impact to the agency.   He indicated the RCA  plans to                                                              
send  staff to  provide onsite  training to  help communities  get                                                              
reinstated in  the PCE program.   He hoped to  accomplish training                                                              
through grant funding  by mid-year.  He offered  to report results                                                              
back to the committee.                                                                                                          
                                                                                                                                
4:48:56 PM                                                                                                                    
                                                                                                                                
MR.  PATCH expressed  his concern  over four  competing plans  for                                                              
LNG,  for plants  under  consideration  by Department  of  Natural                                                              
Resources (DNR) or on the North Slope.                                                                                          
                                                                                                                                
MR. PATCH  referred to a large  windstorm in Joplin,  Missouri and                                                              
other  catastrophes.   He expressed  concern  about power  outages                                                              
and his desire  to provide more reliable electric  utility systems                                                              
as it  relates to  power outages.   He said he  hopes the  RCA can                                                              
address this issue.                                                                                                             
                                                                                                                                
MR. PATCH related  the RCA has been involved in  outreach with and                                                              
the  Department  of  Natural  Resources  (DNR),  the  DNR's  State                                                              
Pipeline  Coordinator's Office,  the  Department of  Environmental                                                              
Conservation  (DEC),  and  the Alaska  Oil  and  Gas  Conservation                                                              
Commission (AOGCC) on matters such as fracking.                                                                                 
                                                                                                                                
4:50:53 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  asked  whether  the   Trans-Alaska  Pipeline  System                                                              
balancing  with Federal  Energy  Regulatory  Commission (FERC)  is                                                              
completed.                                                                                                                      
                                                                                                                                
MR.  PATCH  answered no.    He  reported  the RCA  received  reply                                                              
briefs from the  eleven parties involved.  He  noted carriers were                                                              
allowed up  to 200  pages for reply  briefs whereas  other parties                                                              
were  limited to  150  pages.   Thus, he  estimated  he has  about                                                              
4,000  pages of  briefing  to read.   He  reported  the RCA  spent                                                              
about 20 weeks  of active preparation and in-hearing  room time in                                                              
Washington  D.C. and Alaska.   He  detailed that 3,000  multi-page                                                              
exhibits exceeding  15 pages,  with over  600 filing entries  into                                                              
12 dockets spanning  from 2008 to 2012, with over  12,000 pages of                                                              
transcripts  taken  during  the   hearings  and  an  estimated  $1                                                              
billion  at  issue.   He  related  carriers  have not  elected  to                                                              
consider  issues related  to Pump  Station 1  of the  Trans-Alaska                                                              
Pipeline System.   He  indicated he would  be discussing  the case                                                              
with the chief judge for FERC while he is in Washington D.C.                                                                    
                                                                                                                                
4:53:26 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON asked  for  a summary  of the  aforementioned  issue,                                                              
which  he  would  share with  the  Legislative  Budget  and  Audit                                                              
Committee (LB&A).                                                                                                               
                                                                                                                                
MR. PATCH offered to do so.                                                                                                     
                                                                                                                                
4:53:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  whether Mr.  Patch needs any  other                                                              
resources or assets needed.                                                                                                     
                                                                                                                                
MR. PATCH  answered  yes.  The  legislature was  most generous  in                                                              
funding  additional  engineering   and  financial  analysts.    He                                                              
clarified  the importance  of RCA's staff  to understand  emerging                                                              
issues  and  the  best practices  process  to  assist  in  forward                                                              
thinking.   While  the positions  were authorized,  the RCA  needs                                                              
additional space  for staff, he said.   He hoped to  discuss space                                                              
concerns  with Commissioner  Hultberg  yet is  well  aware of  the                                                              
governor's desire  to hold  costs and not  expand the budget.   He                                                              
suggested the RCA  has an authorized budget and  funds itself from                                                              
ratepayers so this would not be a drain on state resources.                                                                     
                                                                                                                                
4:57:15 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  remarked that  the  RCA  complied with  all  matters                                                              
related  to the  last sunset  audit.   He  said he  did not  think                                                              
extending the RCA  for an additional eight years  was unreasonable                                                              
in terms of the sunset extension.                                                                                               
                                                                                                                                
MR. PATCH concluded  the RCA did not ask for  relief from timeline                                                              
issues.   He reported the  RCA has not  missed a single  shortened                                                              
deadline.   To  summarize, the  RCA has  kept its  promise to  the                                                              
legislature, the  RCA has been  efficient, and the  utilities have                                                              
appreciated  his   efforts.    He  characterized   the  utilities'                                                              
feedback as being a positive motivation for him.                                                                                
                                                                                                                                
4:59:07 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
4:59 p.m.                                                                                                                       

Document Name Date/Time Subjects
DOA-DeptOverview2013(01-25-13) H-L&C_print.pdf HL&C 1/25/2013 3:15:00 PM
Dept of Administration Overview
DOA-DeptOverview2013(01-25-13) H-L&C _Extra-LevelPay.pdf HL&C 1/25/2013 3:15:00 PM
Dept. of Administration - Additional Page