Legislature(2023 - 2024)SENATE FINANCE 532

02/21/2023 09:00 AM Senate FINANCE

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Audio Topic
09:02:07 AM Start
09:02:18 AM SB40 || SB41 || SB42 || SB54
09:02:19 AM Fiscal Position with Governor's Budget Amendments
09:53:45 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Fiscal Position with Governor's Budget Amendments
Alexei Painter, Director, Legislative Finance
Division
+= SB 40 APPROP: OPERATING BUDGET/LOANS/FUND; SUPP TELECONFERENCED
Heard & Held
+= SB 41 APPROP: CAPITAL/SUPPLEMENTAL TELECONFERENCED
Heard & Held
+= SB 42 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
+= SB 54 APPROP: SUPPLEMENTAL; REAPPROP; AMENDING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 21, 2023                                                                                          
                         9:02 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:02:07 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 9:02 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Donny Olson, Co-Chair                                                                                                   
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Click Bishop                                                                                                            
Senator Jesse Kiehl                                                                                                             
Senator Kelly Merrick                                                                                                           
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Alexei Painter, Director, Legislative Finance Division.                                                                         
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 40     APPROP: OPERATING BUDGET/LOANS/FUND; SUPP                                                                             
                                                                                                                                
          SB 40 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 41     APPROP: CAPITAL/SUPPLEMENTAL                                                                                          
                                                                                                                                
          SB 41 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 42     APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
          SB 42 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 54     APPROP: SUPPLEMENTAL; REAPPROP; AMENDING                                                                              
                                                                                                                                
          SB 54 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
FISCAL POSITION WITH GOVERNOR'S BUDGET AMENDMENTS                                                                               
                                                                                                                                
SENATE BILL NO. 40                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     loan  program  expenses  of state  government  and  for                                                                    
     certain   programs;    capitalizing   funds;   amending                                                                    
     appropriations;    making   reappropriations;    making                                                                    
     supplemental   appropriations;  making   appropriations                                                                    
     under art.  IX, sec.  17(c), Constitution of  the State                                                                    
     of  Alaska,  from  the  constitutional  budget  reserve                                                                    
     fund; and providing for an effective date."                                                                                
                                                                                                                                
SENATE BILL NO. 41                                                                                                            
                                                                                                                                
     "An  Act   making  appropriations,   including  capital                                                                    
     appropriations   and   other   appropriations;   making                                                                    
     supplemental  appropriations; making  appropriations to                                                                    
     capitalize  funds;  and   providing  for  an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
SENATE BILL NO. 42                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     capital    expenses   of    the   state's    integrated                                                                    
     comprehensive mental health  program; and providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
SENATE BILL NO. 54                                                                                                            
                                                                                                                                
     "An    Act    making    supplemental    appropriations,                                                                    
     reappropriations,  and  other appropriations;  amending                                                                    
     appropriations; capitalizing  funds; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
9:02:18 AM                                                                                                                    
                                                                                                                                
^FISCAL POSITION WITH GOVERNOR'S BUDGET AMENDMENTS                                                                            
                                                                                                                                
9:02:19 AM                                                                                                                    
                                                                                                                                
ALEXEI  PAINTER,  DIRECTOR,  LEGISLATIVE  FINANCE  DIVISION,                                                                    
discussed   the   presentation,    "Fiscal   Position   with                                                                    
Governor's Budget Amendments" (copy  on file). He pointed to                                                                    
slide 2, "Outline":                                                                                                             
                                                                                                                                
     • Responses from 2-7-23 Meeting                                                                                            
     • Updated Fiscal Summary  GovAmend                                                                                         
     • FY23 and FY24 Oil Price Sensitivity and Outlook                                                                          
                                                                                                                                
9:04:10 AM                                                                                                                    
                                                                                                                                
Mr. Painter looked at slide 3, "Responses to Questions from                                                                     
February 7 Meeting":                                                                                                            
                                                                                                                                
     Senator   Kiehl   asked   about   the   percentage   of                                                                    
     Minnesota's budget reserve compared  to its budget, and                                                                    
     Senator Bishop  asked about Minnesota's  current budget                                                                    
     status.                                                                                                                    
                                                                                                                                
     •  In   2022,  the  Minnesota  Management   and  Budget                                                                    
     recommended  a  reserve level  of  4.8  percent of  the                                                                    
     biennium's  budget,  or  $2.7  billion  (or  about  9.6                                                                    
     percent of the  budget on an annual basis).  That is in                                                                    
     addition to  a separate  cash flow  account that  has a                                                                    
     target balance of $350 million.                                                                                            
                                                                                                                                
     •  By comparison,  OMB's $2  billion recommendation  is                                                                    
     equal  to  27.1  percent  of the  Governor's  FY24  UGF                                                                    
     budget, and LFD's  estimate of $3 billion  to apply the                                                                    
     Minnesota calculation to Alaska  is 40.1 percent of the                                                                    
     Governor's FY24 UGF budget.                                                                                                
                                                                                                                                
     •  In December  2022, Minnesota  Management and  Budget                                                                    
     estimated that the state would  have a surplus of $17.6                                                                    
     billion  available in  the FY24-25  biennium (including                                                                    
    additional amounts left from the FY22-23 biennium).                                                                         
                                                                                                                                
Mr. Painter addressed slide 4, "Responses to Questions from                                                                     
February 7 Meeting (cont.)":                                                                                                    
                                                                                                                                
     Senator  Kiehl asked  about the  amount  of new  school                                                                    
     debt assumed in Legislative Finance's model.                                                                               
                                                                                                                                
     • LFD  assumes that the  state share of new  debt would                                                                    
     be $7.8 million annually.                                                                                                  
                                                                                                                                
     • This figure  was derived by taking  a 10-year average                                                                    
     of the  state share of  new debt before  the moratorium                                                                    
     began  in 2015,  prorated for  the lower  reimbursement                                                                    
     rates when the moratorium ends.                                                                                            
                                                                                                                                
     • The actual  amount of new school debt  will depend on                                                                    
     current interest  rates and  actual utilization  of the                                                                    
     program, so this is a very rough estimate.                                                                                 
                                                                                                                                
Mr.  Painter highlighted  slide 5,  "Responses to  Questions                                                                    
from February 7 Meeting (cont.)":                                                                                               
                                                                                                                                
     Legislative  Finance Division  5 Senator  Stedman asked                                                                    
     for the  graph of  the capital  budget compared  to oil                                                                    
     prices to  be restated  as the capital  budget compared                                                                    
     to Alaska's GDP.                                                                                                           
                                                                                                                                
Co-Chair  Stedman recalled  that  there  was some  stagnancy                                                                    
over  several  years,  and Alaska  was  being  surpassed  by                                                                    
northwest states.  He felt that  there should be  a question                                                                    
of whether the  current policies were the  most effective in                                                                    
increasing the GDP.                                                                                                             
                                                                                                                                
Mr. Painter discussed slide 6,  "Responses to Questions from                                                                    
February 7 Meeting (cont.)":                                                                                                    
                                                                                                                                
     Senator Stedman  requested a sensitivity  table showing                                                                    
     the   likelihood  of   various  Constitutional   Budget                                                                    
     Reserve (CBR) balances in a single fiscal year.                                                                            
                                                                                                                                
     The table shows the likelihood  that the CBR balance at                                                                    
     the  end of  FY28 exceeds  a given  value based  on the                                                                    
     Senate  Finance Committee  modeling assumptions  across                                                                    
     the   three  PFD   scenarios.  Note   that  these   are                                                                    
     illustrative    projections   which    may   understate                                                                    
     potential volatility.                                                                                                      
                                                                                                                                
9:10:17 AM                                                                                                                    
                                                                                                                                
Mr.  Painter  addressed slide  7,  "Short  Fiscal Summary                                                                       
Governor's Amended  Budget." He remarked that  the Office of                                                                    
Management and  Budget (OMB)  had shown  a version  of their                                                                    
fiscal  summary   the  day  prior.  He   remarked  that  the                                                                    
Legislative  Finance Division  (LFD)  summary differed  from                                                                    
OMBs in some respects.                                                                                                          
                                                                                                                                
9:15:34 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman asked  for an  explanation of  the reserve                                                                    
balance.                                                                                                                        
                                                                                                                                
Mr. Painter replied that the  statutory budget reserve (SBR)                                                                    
was  available with  majority vote  by the  legislature, and                                                                    
that  balance  going  into  FY   23  was  approximately  $20                                                                    
million.  He noted  that the  constitutional budget  reserve                                                                    
(CBR)  was not  available without  a further  vote from  the                                                                    
legislature, with  a balance of approximately  $2.3 billion.                                                                    
He stated  that, in  FY 23,  there was  a projection  for an                                                                    
increase in the CBR. He stated  that the deficit draw for FY                                                                    
24 would  drop it back to  $2.1 billion. He stated  that the                                                                    
Earnings  Reserve Account  (ERA)  balance  assumed that  the                                                                    
statutory  net income  would match  the  forecast. He  noted                                                                    
that,  currently,  the  true  balance may  be  a  couple  of                                                                    
billion dollars lower  in FY 23. He stated that  the ERA was                                                                    
not a true budget reserve.                                                                                                      
                                                                                                                                
Co-Chair  Stedman  asked  about  how those  funds  could  be                                                                    
accessed.                                                                                                                       
                                                                                                                                
Mr. Painter  noted that the  ERA could be  appropriated, but                                                                    
there may be an issue of selling assets.                                                                                        
                                                                                                                                
Co-Chair Hoffman recalled that the  CBR balance did not have                                                                    
a sufficient vote  to access that account.  He stressed that                                                                    
for  FY 24,  the  number to  get  to a  vote  would be  very                                                                    
difficult.  He did  not envision  the legislature  accessing                                                                    
the  CBR. He  looked at  line 19,  and noted  that the  $7.8                                                                    
million as  a transfer  from the  Renewable Energy  Fund. He                                                                    
asked about that number.                                                                                                        
                                                                                                                                
Mr.  Painter  replied that  $7.5  million  in  FY 24  was  a                                                                    
transfer from the general fund  (GF) to the Renewable Energy                                                                    
Fund.   He  remarked   that  the   capital  budget   had  an                                                                    
appropriation from  the Renewable Energy Fund  to the Alaska                                                                    
Energy Authority (ERA)  for the projects. The  money was put                                                                    
into the fund by the GF transfer.                                                                                               
                                                                                                                                
9:20:24 AM                                                                                                                    
                                                                                                                                
Senator  Bishop stressed  that there  were  many needs  that                                                                    
were not yet addressed in the budget.                                                                                           
                                                                                                                                
Co-Chair  Stedman  asked  about  funds  for  the  university                                                                    
deferred maintenance.                                                                                                           
                                                                                                                                
Mr. Painter replied that it  was not included in the current                                                                    
budget.                                                                                                                         
                                                                                                                                
Co-Chair  Stedman  wondered  whether  there  were  funds  to                                                                    
replenish community assistance.                                                                                                 
                                                                                                                                
Mr. Painter replied in the negative.                                                                                            
                                                                                                                                
Co-Chair Stedman  stressed that  the committee  would decide                                                                    
what to  do with those  items. He asked about  Mustang Road.                                                                    
He  recalled  about  ten  years   of  challenges  with  that                                                                    
project.                                                                                                                        
                                                                                                                                
Mr. Painter replied  that the change was new  in the amended                                                                    
budget, but  did not  know the purpose  of that  decision to                                                                    
transfer assets. He agreed to provide further information.                                                                      
                                                                                                                                
Co-Chair  Stedman   felt  that  the  information   would  be                                                                    
helpful,  and possibly  have  a meeting  on  that issue.  He                                                                    
wondered whether  the presentation  would address  the fast-                                                                    
track supplemental requests.                                                                                                    
                                                                                                                                
Mr. Painter replied that the  fast-track items were included                                                                    
in the governors  supplemental budget  request, so they were                                                                    
included in the totals.                                                                                                         
                                                                                                                                
9:25:14 AM                                                                                                                    
                                                                                                                                
Senator Kiehl asked about the  relationship between the K-12                                                                    
forward funding and any decision  the legislature would make                                                                    
to increase K-12 school funding for FY 24.                                                                                      
                                                                                                                                
Mr.  Painter  replied  that, without  forward  funding,  the                                                                    
appropriation in the governors  budget  would cover FY 24 as                                                                    
its currently  written. He explained  that there  would need                                                                    
to be additional  funds if the legislature  were to increase                                                                    
the Base Student Allocation (BSA).                                                                                              
                                                                                                                                
Co-Chair  Stedman stressed  that  addressing the  university                                                                    
needs would put more pressure on the budget.                                                                                    
                                                                                                                                
Co-Chair Hoffman asked  about the $1.6 billion  and how that                                                                    
translates into the Permanent Fund Dividend (PFD).                                                                              
                                                                                                                                
Mr. Painter replied  that the prior years   dividend had two                                                                    
separate payments,  and were taxed differently  according to                                                                    
the federal  government. The total  payment was  $3284, with                                                                    
approximately $2600 as the actual PFD payment.                                                                                  
                                                                                                                                
Co-Chair  Stedman asked  for a  restatement of  the proposed                                                                    
dividend.                                                                                                                       
                                                                                                                                
Mr.  Painter replied  that it  would be  approximately $3800                                                                    
per person in FY 24.                                                                                                            
                                                                                                                                
Co-Chair  Hoffman  felt  it  was  important  for  comparison                                                                    
purposes.                                                                                                                       
                                                                                                                                
Senator Wilson wondered whether the  PFD should be called an                                                                    
energy rebate so it would not be taxed.                                                                                         
                                                                                                                                
Mr. Painter replied that he  did not want to speculate about                                                                    
how the IRS would treat it.                                                                                                     
                                                                                                                                
Mr. Painter looked  at slide 8, "Oil  Price Volatility Since                                                                    
2020." He stated  that the purpose of the slide  was to show                                                                    
how things change.                                                                                                              
                                                                                                                                
9:30:52 AM                                                                                                                    
                                                                                                                                
Mr.  Painter  highlighted  slide 9,  "Fiscal  Sensitivity                                                                       
FY23."  He  stressed that  oil  prices  have a  very  strong                                                                    
affect on revenue.                                                                                                              
                                                                                                                                
Mr. Painter discussed slide 10, "FY23 Budget Situation":                                                                        
                                                                                                                                
     •  As  of  Friday,  February 17,  oil  prices  to  date                                                                    
     averaged  $91.72.  They  would need  to  average  about                                                                    
     $82.70  to  match the  $88.45  forecast.  The price  on                                                                    
     Friday was $79.85.                                                                                                         
                                                                                                                                
     •  Based on  the  forecast,  the post-transfer  deficit                                                                    
     would   be    $0.3   million   with    the   Governor's                                                                    
     supplementals. The  FY23 budget currently  has deficit-                                                                    
     filling  language from  the  Statutory Budget  Reserve,                                                                    
     which has a balance of about $20 million.                                                                                  
                                                                                                                                
     •  Deficits beyond  the SBR  balance currently  have no                                                                    
     source  - the  FY23  budget does  not  have CBR  access                                                                    
     (which would  require a  ¾ vote  of the  legislature to                                                                    
     add).                                                                                                                      
                                                                                                                                
     •  Even  if oil  prices  and  production do  match  the                                                                    
     forecast,  there  is  a  margin  of  error  in  revenue                                                                    
     forecasting.  $20 million  is  not  sufficient room  to                                                                    
     ensure that the FY23 budget is fully funded.                                                                               
                                                                                                                                
     •   If   the    legislature   adopts   the   Governor's                                                                    
     supplemental budget,  it should designate a  source for                                                                    
     deficits beyond the SBR balance.                                                                                           
                                                                                                                                
Co-Chair  Hoffman  remarked  on the  substantial  difference                                                                    
between the budget and the actual spending.                                                                                     
                                                                                                                                
Mr.  Painter recalled  that the  difference was  between $70                                                                    
and $80 million.                                                                                                                
                                                                                                                                
9:37:33 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  recalled  that  the  committee  chose  to                                                                    
increase the  SBR in the year  prior, so it would  not be in                                                                    
the CBR. He  asked what would occur if there  was a shortage                                                                    
without access to the CBR.                                                                                                      
                                                                                                                                
Mr. Painter  replied that an  unbalanced budget  could enact                                                                    
the impoundment  clause, which would  allow the  governor to                                                                    
restrict appropriations. He noted  that there were some that                                                                    
would be easier to restrict  than others. He stated that the                                                                    
Port of Anchorage would be easier to restrict.                                                                                  
                                                                                                                                
9:40:51 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  wondered whether there was  an estimate of                                                                    
cash flow needed at the end of session.                                                                                         
                                                                                                                                
Mr.  Painter  replied   that  the  legislature  historically                                                                    
designated a reserve balance to cover any shortfall.                                                                            
                                                                                                                                
Co-Chair Stedman surmised  that the FY 24  fiscal year would                                                                    
fix the FY 23 fiscal year.                                                                                                      
                                                                                                                                
Mr.  Painter  agreed, and  explained  that  things could  be                                                                    
changed with a retroactive effective date.                                                                                      
                                                                                                                                
Senator Merrick asked for a history of the CBR vote.                                                                            
                                                                                                                                
Mr.  Painter  replied  that  CBR  liabilities  had  occurred                                                                    
beginning  in  the  1990s.  He   stated  that  in  2004  the                                                                    
legislature did  not have the  vote, before 2010.  He stated                                                                    
that since then FY 21 and FY 22 had failed CBR votes.                                                                           
                                                                                                                                
Mr.  Painter  displayed  slide  11,  "Fiscal  Sensitivity                                                                       
FY24." He  stated that  the slide  showed the  Department of                                                                    
Revenue (DOR) forecast,  and the breakeven price  of $87 per                                                                    
barrel.                                                                                                                         
                                                                                                                                
9:45:33 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  recalled  that  firms used  a  $60  price                                                                    
range, as a point of profitability.                                                                                             
                                                                                                                                
Mr. Painter pointed to slide 12, "FY24 Budget Situation":                                                                       
                                                                                                                                
     • Governor's FY24 budget has  a pre-transfer deficit of                                                                    
     $434.3 million.                                                                                                            
     •  This  includes  a  statutory  PFD  estimated  to  be                                                                    
     $2,470.9 million. However,  this estimate includes $4.6                                                                    
     billion  of projected  statutory  net  income in  FY23.                                                                    
     Through December,  statutory net income was  about $1.0                                                                    
     billion. If that trend continues  and the total is $2.0                                                                    
     billion, the  projected PFD would decrease  to $2,196.7                                                                    
     million.                                                                                                                   
            That would reduce the projected FY23 deficit to                                                                     
          $160.1 million.                                                                                                       
            That would also decrease the projected payment                                                                      
         from $3,800 to about $3,400 per recipient                                                                              
     • With no K-12 forward-funding  available in FY24 after                                                                    
     the Governor's supplementals, the  FY24 deficit is made                                                                    
     up in the Governor's budget  from a combination of ARPA                                                                    
     Revenue Replacement ($10.6  million), the remaining SBR                                                                    
     balance ($19.6 million), and the CBR.                                                                                      
                                                                                                                                
Co-Chair Stedman discussed the agenda for the next meeting.                                                                     
                                                                                                                                
SB  40  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
SB  41  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
SB 42 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
SB 54 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
9:53:45 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:53 a.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
022123 SFIN Fiscal Update 2-21-23.pdf SFIN 2/21/2023 9:00:00 AM