Legislature(2019 - 2020)Anch LIO Lg Conf Rm

12/18/2019 02:00 PM Senate LEGISLATIVE BUDGET & AUDIT

Audio Topic
02:05:42 PM Start
02:07:02 PM Approval of Minutes
02:07:51 PM Approval of Rpl(s)
02:19:10 PM Alaska Division of Legislative Audit Peer Review Report
02:20:24 PM Executive Session
03:29:58 PM Final Audit Release
03:30:35 PM Other Committee Business
03:32:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ - Approval of Minutes TELECONFERENCED
a. October 31, 2019
- RPLs
a. RPL-18-2020-0364, DEC, Alaska Pollutant
Discharge Elimination System Program
b. RPL-20-2020-0062, DOC, Residential Substance
Abuse Treatment Grant
- Alaska Division of Legislative Audit Division
Peer Review Report
- Executive Session
a. Final Audit Release
i. Alaska Seismic Hazards Safety
Commission (Sunset)
ii. Board of Parole (Sunset)
iii. Medical Board (Sunset)
iv. Board of Game Regulatory Process (Special)
- Other Committee Business
                    ALASKA STATE LEGISLATURE                                                                                  
             LEGISLATIVE BUDGET AND AUDIT COMMITTEE                                                                           
                       December 18, 2019                                                                                        
                           2:05 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Chris Tuck, Chair                                                                                                
Representative Neal Foster                                                                                                      
Representative Andy Josephson                                                                                                   
Representative Mark Neuman                                                                                                      
                                                                                                                                
Senator Click Bishop, Vice Chair                                                                                                
Senator Bert Stedman                                                                                                            
Senator Natasha von Imhof                                                                                                       
Senator Cathy Giessel                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Peter Micciche (alternate)                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ivy Spohnholz                                                                                                    
Representative Jennifer Johnston (alternate)                                                                                    
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
APPROVAL OF MINUTES                                                                                                             
APPROVAL OF RPL(S)                                                                                                              
ALASKA DIVISION OF LEGISLATIVE AUDIT PEER REVIEW REPORT                                                                         
EXECUTIVE SESSION                                                                                                               
FINAL AUDIT RELEASE                                                                                                             
OTHER COMMITTEE BUSINESS                                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DAVID TEAL, Director                                                                                                            
Legislative Finance Division                                                                                                    
Legislative Agencies and Offices                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided  information  to the  Legislative                                                             
Budget and Audit Committee on the proposed RPL(s).                                                                              
                                                                                                                                
RUTH KOSTIK, Acting Director                                                                                                    
Division of Administrative Services                                                                                             
Department of Environmental Conservation                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during  discussion of RPL 18-2020-                                                             
0364.                                                                                                                           
                                                                                                                                
KRIS CURTIS, Legislative Auditor                                                                                                
Legislative Audit Division                                                                                                      
Legislative Agencies and Offices                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided  information on  the Division  of                                                             
Legislative Audit peer review report.                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
2:05:42 PM                                                                                                                    
                                                                                                                                
CHAIR  CHRIS  TUCK  called  the   Legislative  Budget  and  Audit                                                             
Committee meeting  to order at  2:05 p.m.   Representatives Tuck,                                                               
Foster,   Josephson  (via   teleconference),   and  Neuman   (via                                                               
teleconference),  and   Senators  Bishop,  Giessel,   von  Imhof,                                                               
Stedman    (via    teleconference),   Micciche    (alternate)(via                                                               
teleconference), and Hoffman  were present at the  call to order.                                                               
Other legislator present was Representative Edgmon.                                                                             
                                                                                                                                
^APPROVAL OF MINUTES                                                                                                          
                      APPROVAL OF MINUTES                                                                                   
                                                                                                                                
2:07:02 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that the  first order of business  would be                                                               
approval of the minutes.                                                                                                        
                                                                                                                                
2:07:09 PM                                                                                                                    
                                                                                                                                
SENATOR  BISHOP made  a  motion  to approve  the  minutes of  the                                                               
Legislative  Budget  and Audit  Committee  of  October 31,  2019.                                                               
There  being  no  objection,  the minutes  from  the  meeting  of                                                               
October 31, 2019, were approved.                                                                                                
                                                                                                                                
^APPROVAL OF RPL(s)                                                                                                           
                       APPROVAL OF RPL(s)                                                                                   
                                                                                                                                
2:07:51 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that  the next order  of business  would be                                                               
for approval of RPL(s).                                                                                                         
                                                                                                                                
2:08:33 PM                                                                                                                    
                                                                                                                                
SENATOR  BISHOP made  a motion  to  approve the  following FY  20                                                               
RPL(s):    RPL  [1]8-2020-0364, the  Alaska  Pollutant  Discharge                                                               
Elimination   System   Program;   and   RPL   20-2020-0062,   the                                                               
Residential Substance Abuse Treatment Program.                                                                                  
                                                                                                                                
2:09:15 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK objected for discussion.                                                                                             
                                                                                                                                
2:09:37 PM                                                                                                                    
                                                                                                                                
DAVID TEAL,  Director, Legislative Finance  Division, Legislative                                                               
Agencies  and  Offices, explained  that  RPL  18-2020-0364 was  a                                                               
request  by the  Department of  Environmental Conservation  (DEC)                                                               
for  the   authority  to  spend  $430,000   of  federal  receipts                                                               
associated  with  the   Alaska  Pollutant  Discharge  Elimination                                                               
System.    He  pointed  out   that  this  was  a  compliance  and                                                               
enforcement program  in the DEC  Division of Water.   He reported                                                               
that,  as DEC  had been  unable to  meet the  required number  of                                                               
yearly   inspections  set   forth  by   the  U.S.   Environmental                                                               
Protection  [Agency] (EPA),  it had  to return  a portion  of the                                                               
inspection work  to the EPA.   He declared that the  funding from                                                               
RPL 18-2020-0364 would support the  work and associated travel of                                                               
four new  environmental program specialist  positions.   He noted                                                               
that  there were  currently  eleven  staff in  the  program.   He                                                               
pointed  out that  this was  not a  new grant  program and  that,                                                               
although  DEC had  the annual  revenue to  support this  proposed                                                               
increase  in  staff, the  federal  receipts  had not  been  fully                                                               
budgeted.   He reported  that, as DEC  had requested  $573,000 in                                                               
additional federal  authorization for this  program in the  FY 21                                                               
budget, this  "should make things  line up."   He added  that DEC                                                               
had sufficient authority to provide  the required match and there                                                               
was not any concern for technical  issues.  He questioned why the                                                               
FY 21  budget request was  still "about  $1 million short  of the                                                               
amount of  grants received" although  DEC had explained  that the                                                               
$8.86 million  of budgeted federal authorization  in the Division                                                               
of  Water included  all grants  available  to the  division.   He                                                               
declared that  his division  did not have  any concerns  with the                                                               
requested RPL.                                                                                                                  
                                                                                                                                
2:12:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether the reason  DEC could not                                                               
meet the required number of yearly  inspections was for a lack of                                                               
appropriations or other issues.                                                                                                 
                                                                                                                                
MR. TEAL explained  that although DEC had the cash,  they had not                                                               
asked for the money in the budget.                                                                                              
                                                                                                                                
2:12:53 PM                                                                                                                    
                                                                                                                                
RUTH   KOSTIK,  Acting   Director,  Division   of  Administrative                                                               
Services, Department  of Environmental Conservation,  offered her                                                               
belief  that, as  the division  had taken  primacy of  the Alaska                                                               
Pollutant  Discharge Elimination  System  in 2009,  it was  still                                                               
making a  determination for the full  staffing capacity necessary                                                               
to support the number of program permittees.                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked  if this had happened  in the past                                                               
decade.   He  offered his  belief that  the operating  budget was                                                               
underfunded   and  asked   if  DEC   could  meet   the  requested                                                               
requirements of primacy.                                                                                                        
                                                                                                                                
MS. KOSTIK explained  that this was a step to  meet the necessary                                                               
staffing,  adding that  there were  steps to  reallocate and  re-                                                               
prioritize resources internally, which  would include an increase                                                               
of  staffing  for  the  Alaska  Pollutant  Discharge  Elimination                                                               
System program.   She offered her  belief that DEC would  be able                                                               
to better meet the requirements with the additional four staff.                                                                 
                                                                                                                                
2:14:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  asked whether  there were fees  charged to                                                               
the  applicants  and  whether  these fees  covered  the  cost  of                                                               
personnel, as required by statute.                                                                                              
                                                                                                                                
MS.   KOSTIK  stated   that,  although   fees  were   charged  to                                                               
permittees,  those fees  did  not  fully cover  the  cost of  the                                                               
program  partially due  to statutory  limitations which  governed                                                               
how fees  were set.   She  pointed out that  fees were  capped to                                                               
only cover  the direct cost for  149 percent of the  salaries for                                                               
program services, even as the  inclusion of benefits averaged 161                                                               
percent  for salaries.    She  added that  there  were also  some                                                               
limitations on  travel and  other expenditures.   In  response to                                                               
Representative  Neuman,   she  stated  that  there   were  Alaska                                                               
statutory limitations  which did not  allow recovery of  the full                                                               
cost.                                                                                                                           
                                                                                                                                
REPRESENTATIVE NEUMAN  asked for a  list of the  associated costs                                                               
and why they were not covered.                                                                                                  
                                                                                                                                
2:17:04 PM                                                                                                                    
                                                                                                                                
MR. TEAL  directed attention to  the second RPL,  20-2020-0062, a                                                               
request by the  Department of Corrections (DOC)  for authority to                                                               
spend $75,000  federal dollars for a  Residential Substance Abuse                                                               
Treatment Grant.  He explained that  the purpose of the grant was                                                               
to  help  reduce  recidivism associated  with  drug  and  alcohol                                                               
dependence and the  funds would be used at  the Highland Mountain                                                               
Correctional Center,  the primary  female correctional  center in                                                               
Alaska.   He  reported  that  DOC currently  had  $65,000 in  its                                                               
budget for  this purpose, that  there had been a  similar request                                                               
in the previous year, and that  the FY 21 budget request from the                                                               
governor would  add $75,000 to  the budget.   He stated  that his                                                               
division had no technical issues with the RPL.                                                                                  
                                                                                                                                
2:18:44 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  removed  his  objection.   There  being  no  further                                                               
objection, RPL 20-2020-0062 and RPL 18-2020-0364 were approved.                                                                 
                                                                                                                                
^ALASKA DIVISION OF LEGISLATIVE AUDIT PEER REVIEW REPORT                                                                      
    ALASKA DIVISION OF LEGISLATIVE AUDIT PEER REVIEW REPORT                                                                 
                                                                                                                                
2:19:10 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that  the next order  of business  would be                                                               
the  Alaska Division  of Legislative  Audit Division  Peer Review                                                               
Report.                                                                                                                         
                                                                                                                                
2:19:30 PM                                                                                                                    
                                                                                                                                
KRIS  CURTIS, Legislative  Auditor,  Legislative Audit  Division,                                                               
Legislative Agencies and Offices,  explained that the peer review                                                               
report was  required to  be conducted  every three  years, noting                                                               
that  a peer  review team  would  review all  of the  Legislative                                                               
Audit Division policies and would  conduct a sample of the audits                                                               
to  ensure the  division  was following  policies which  complied                                                               
with  auditing  standards.    She pointed  out  that  the  report                                                               
resulted in the division receiving "pass," the highest rating.                                                                  
                                                                                                                                
^EXECUTIVE SESSION                                                                                                            
                       EXECUTIVE SESSION                                                                                    
                                                                                                                                
2:20:24 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that  the next order  of business  would be                                                               
executive session.                                                                                                              
                                                                                                                                
SENATOR  BISHOP made  a motion  that the  Legislative Budget  and                                                               
Audit  Committee go  into executive  session  under Uniform  Rule                                                               
22(b)(3), discussion of matters that  may, by law, be required to                                                               
be confidential.                                                                                                                
                                                                                                                                
2:21:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:21 p.m. to 3:29 p.m.                                                                       
                                                                                                                                
3:29:22 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK brought the committee  meeting back to order at [3:29]                                                               
p.m..   Present at the  call to order were  Representatives Tuck,                                                               
Josephson,  and Foster,  and Senators  Bishop, Stedman,  Giessel,                                                               
and Micciche (alternate).                                                                                                       
                                                                                                                                
^FINAL AUDIT RELEASE                                                                                                          
                      FINAL AUDIT RELEASE                                                                                   
                                                                                                                                
3:29:58 PM                                                                                                                    
                                                                                                                                
SENATOR  BISHOP  made a  motion  for  the  final audits  for  the                                                               
Department  of Natural  Resources, Alaska  Seismic Hazard  Safety                                                               
Commission  Sunset Audit;  Department  of  Corrections, Board  of                                                               
Parole  Sunset   Audit;  Department  of  Commerce,   Community  &                                                               
Economic  Development, Medical  Board  Sunset  Audit; and  Alaska                                                               
Department  of Fish  &  Game, Board  of  Game Regulatory  Process                                                               
Special Audit,  be released  to the public  for response.   There                                                               
being no objection, the audits were released.                                                                                   
                                                                                                                                
^OTHER COMMITTEE BUSINESS                                                                                                     
                    OTHER COMMITTEE BUSINESS                                                                                
                                                                                                                                
3:30:35 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that the  final order of business  would be                                                               
other  committee  business.    He   reported  that  IN3NERGY,  as                                                               
consultants  under   contract  with   the  committee,   would  be                                                               
conducting  background training  workshops  titled Energy  Fiscal                                                               
Policy  101  and  102  for  legislators and  staff.    While  the                                                               
scheduled had not been finalized, he expected these workshops                                                                   
would be offered between January 23 and January 28 in Juneau.                                                                   
                                                                                                                                
3:32:34 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the                                                                       
Legislative Budget and Audit Committee meeting was adjourned at                                                                 
3:32 p.m.                                                                                                                       
                                                                                                                                

Document Name Date/Time Subjects
19-12-18 Agenda.pdf JBUD 12/18/2019 2:00:00 PM
Legislative Audit Peer Review.pdf JBUD 12/18/2019 2:00:00 PM