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We Build Alaska

Brad Keithley’s Chart of the Week: Dunleavy to potential investors and others: 🤷‍♂️

Although not widely understood, complying with AS 37.07.020(b)(2) is one of the Alaska governor’s most important fiscal responsibilities. As part of the statutorily required responsibilities related to the annual budget submission, subsection (b)(2) provides as follows:

(b) In addition to the budget and bills submitted under (a) of this section… [t]he governor shall also submit a fiscal plan with estimates of significant sources and uses of funds for the succeeding 10 fiscal years. The fiscal plan 

(2) must balance sources and uses of funds held while providing for essential state services and protecting the economic stability of the state …

The statutory obligation is among the most important because it is the only time the state’s fiscal condition is examined comprehensively over an extended period. While the Legislative Finance Division (LFD) also provides similar projections before and during each legislative session, it relies on the administration’s revenue projections.

The governor is the only person with insight into both the revenue and spending outlooks.

An extended, comprehensive forward look is important because it provides an early warning system for the state’s economic stability. At this point in the state’s fiscal history, running extended, unanticipated deficits would put the state in an extremely difficult situation. Because the state has already largely drained accessible savings, it would need to rapidly cut spending, increase taxes, issue debt, or employ a combination of all three. Unplanned spending cuts would eliminate programs on which various constituencies rely, increasing taxes would drain additional resources from the state’s private sector and families, and issuing debt would increase current and future costs. 

If undertaken without adequate thought and planning, any of the three could seriously disrupt the state’s ongoing economic stability. 

The purpose of the “(b)(2)” plan is to provide significant notice of the potential for such a development so that there is adequate time to analyze the alternatives and prepare a well-thought-out response. This includes giving those likely to be affected by the response—such as current and potential investors in the state—time to prepare well-thought-out responses of their own. 

As an integral part of the comprehensive outlook, the governor is also charged under the statute with developing a plan to “balance sources and uses of funds … while providing for essential state services and protecting the economic stability of the state.” In short, proposing a response if the outlook is negative over the period. 

That is equally as important a responsibility as providing the raw data. As explained in last Sunday’s Alaska Landmine “Sunday Minefield” by Neil Steininger, the “budget correspondent” for the Alaska Political Report and a former director of the Governor’s Office of Management and Budget, “[b]ecause the Legislature is made up of 60 members with diverse and nuanced views, it is extremely challenging for them as a body to introduce and champion major structural changes without the support and lead of the executive branch.”

Moreover, because Governor Mike Dunleavy (R – Alaska) is in charge of the Department of Revenue, between the two bodies, he alone has the information and resources needed to develop a thoughtful and low-impact revenue plan. As full-time officials – compared to the part-time Legislature – the Governor and others in the administration also have more time and resources to devote to the effort.

It is also important to provide a plan early in the budget cycle. Depending on the size and nature of the deficits, the proposed response may require significant legislative analysis and work. Requiring that the governor submit a plan for dealing with any projected deficits with the other budget components by December 15, roughly a month before the beginning of the legislative session, provides the Legislature with needed additional time to absorb and consider the proposed plan and alternatives.

Measured against these obligations and responsibilities, Governor Dunleavy’s FY2026 “(b)(2)” plan is nearly a complete failure, bordering on – if not crossing the line into – neglect and nonfeasance of his duties.

The FY2026 submission by the Dunleavy administration mostly satisfies the initial subsection “b” requirement to include “estimates of significant sources and uses of funds for the succeeding 10 fiscal years.” 

The submission completely fails, however, to meet the subsection (b)(2) requirement that it additionally includes a plan that “balance[s] sources and uses of funds held while providing for essential state services and protecting the economic stability of the state.”

Here are the summary charts from the Governor’s submission:

Consistent with the initial requirements of subsection (b), the first chart shows “estimates of significant .. uses of funds for the succeeding 10 fiscal years;” the top half of the second chart shows the same for sources. Halfway down the second chart, the net of the two is shown under the heading “Deposit/Draw.” It clearly shows fiscal deficits in red throughout the period.

Consistent with the “(b)(2)” obligation, the bottom half of the second chart should reflect the Governor’s plan for balancing the sources and uses of funds over the period.

However, it only compares the deficits to the state’s two accessible savings accounts, the “Statutory Budget Reserve” and the “Constitutional Budget Reserve” (CBR). The result shows the balance of the state’s tertiary savings account, the CBR, after deducting annual budget deficits. While the CBR contains sufficient funds to cover the annual deficits through FY2027, it is exhausted at that point and starts running what appears to be worthless IOUs after that.

Contrary to the statutory requirement of “must,” beyond FY2027, neither the charts nor the text of the Governor’s submission “balance sources and uses of funds held while providing for essential state services and protecting the economic stability of the state.”

All that the chart shows is a giant, gaping, and ever-growing fiscal hole. And all that the text of the Governor’s submission says on the subject is this: Alaska faces some tough fiscal challenges ahead. Policy makers continue to grapple with the current structure of the State budget, with solutions to revenue shortfalls, the ongoing discussion year after year. From new revenue measures to budget reductions, to changes to the permanent fund dividend program, the solution is not simple nor is it easily agreed upon. 

Both the chart and the text are the rhetorical equivalent of a giant shrug. They certainly are not a “fiscal plan [which] balance[s] sources and uses of funds held while providing for essential state services and protecting the economic stability of the state.”

In response, the Governor cannot claim as an excuse that there aren’t available options to present.

For example, as we will discuss in greater detail in future columns, a significant part of the problem facing the state is obvious from the Fall 2024 Revenue Sources Book (Fall 2024 RSB) issued by the Department of Revenue at the same time as the Governor presented his budget. Piecing together production and revenue data, the Fall 2024 RSB clearly shows that while oil production is growing by over 42% over the period and gross revenues from that production (at projected ANS West Coast price levels) by over 20%, state revenues from production tax and royalty, the two revenue sources most closely tied to that production, are dropping over the same period by over 23%.

In other words, while the gross revenues received by the producers are projected to increase over the period, the share of those revenues received by the state is projected to drop from nearly 15% in FY2024 to a little over 9% by FY2034.

State revenues would be nearly $500 million higher if total production tax and royalty remained at FY 2024 levels. They would be nearly $930 million higher if they grew at the same rate as gross revenues. For perspective, if they grew at the same rate as production, state revenues would be nearly $1.4 billion higher or within 13% of the projected FY2034 deficit.

While it may be too much to propose that state revenues climb at the same rate as production levels, in the current context, we don’t think it’s unreasonable to expect, as part of its 10-year plan, that the Dunleavy administration proposes the adjustments necessary to hold state revenues at least at FY2024 levels over the period if not grow them at the same rate as gross revenues. Indeed, as we have explained in previous columns, we think the administration and Legislature are leaving money on the table in violation of the Constitution if they don’t.

Other revenue options are also readily apparent. For example, the ultra-broad sales tax introduced in the last Legislature (HB 142), which we analyzed in depth in a previous column, is already teed up with legislative language. By eliminating the companion reduction to the corporate income tax, the amount raised through the HB 142 sales tax alone would be sufficient to close the deficits projected in the Governor’s 10-year plan.

Alternatively, the Governor could propose an approach equivalent to the one recommended in the Final Report of the Legislature’s 2021 Fiscal Policy Working Group. That approach consisted of an “all of the above” mix of some spending cuts, some reductions in the Permanent Fund Dividend (PFD), some new revenues, and some spending limits, which would broadly spread and, through that, minimize the burden of the response on any one group.

But the Governor has chosen none of those options or any other alternatives in the FY2026 10-year plan. Instead, in violation of the statute and dereliction of his responsibilities, he has proposed nothing to “balance sources and uses of funds held while providing for essential state services and protecting the economic stability of the state.”

As we said earlier, AS 37.07.020(b)(2) establishes one of the Alaska governor’s most important fiscal responsibilities. It isn’t a mere ministerial task; it is a substantive responsibility that produces a plan vital to legislators, those in and adjacent to the public sector reliant on state spending and service levels, those in the private sector concerned about the levels at which and how the state may raise needed revenues, and others concerned with both the near and long-term economic stability of the state.

That includes potential investors and others who might be interested in relocating to the state. Who would make a significant investment or move to a state facing massive deficits that doesn’t have even the barest outline of a plan for dealing with them? Even those doing the most elementary due diligence will be concerned about the uncertainty over the levels at which they might later be required to contribute toward resolving the deficits after sinking the costs involved in making the move.

But rather than fulfilling his responsibility to the state and others affected by it, Governor Dunleavy has given the equivalent of a shrug. This dereliction of duty should not be tolerated.

Brad Keithley is the Managing Director of Alaskans for Sustainable Budgets, a project focused on developing and advocating for economically robust and durable state fiscal policies. You can follow the work of the project on its website, at @AK4SB on Twitter, on its Facebook page or by subscribing to its weekly podcast on Substack.

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Jim duffield
1 month ago

Excellent analysis of the situation! A very irresponsible Governor working with an equally irresponsible Legislature…. Or they are similarly foolish or corrupt, both is my observation over the past decade. It is sad that in such a great land with so many great resources and opportunities, we have allowed, nay, encouraged and supported unprincipled and Godless leadership to consume our government. May God grant us, the people if this land, the courage and commitment to find those willing to run for office and serve in our government with moral turpitude, intelligence, savvy and guts to over come our failures and… Read more »

kathrin
29 days ago

After reading Brad’s Chart of the Week dated, Dec. 20. i spent some time fulminating about what can be done. Dunleavy’s criminal irresponsibility to do his job is extremely upsetting. It appears that our fiscal and financial future is literally kaput and all Alaskans will bear the brunt of this criminality in serious ways. From Brad’s report it sounds like there is almost nothing that can be done to make Dunleavy accountable or to fix the financial situation that looms very closely on the horizon. I am surprised that others are not commenting on this. Are most Alaskans simply asleep?… Read more »

Henry Morgan
29 days ago

It should be of grave concern that this Governor has been made beholding to the nefarious forces of Globalism overcoming the whole world, he is being held worthless to Alaskans by what his overlords are holding in front or against him ! Seems he is now ( in akin to treason ) willing to sell Alaskan citizens out, while being led to use all State finances to support and instigate an invasion of foreigners. It’s been said that since 2021, he has been supporting the Biden administration’s efforts to overwhelm the State with invaders in the conquest of our homeland… Read more »

Henry Morgan
28 days ago

Fellow Alaskans, patriots, What is the bridge too far that people like Dunleavy, his Dr. Ann Zink ( Fauci’s sidekick) have crossed that is too much for Alaskans ?? It’s not only his violating Alaska Statutes that say he is to be fiscally responsible with Alaska’s budget, violating his sworn oath to follow the constitution and also to protect Alaskan citizens from all enemies, foreign and domestic, ( following Biden and flying in foreigners from all over the world, many criminals from emptied jails, insane asylum inmates, divisions of military age men, dispersing them all over Alaska and giving them… Read more »

Alaskan tomcat
26 days ago

Brad, you might explain how much of the projected production increase is forecasted to come from Federal lands eg Willow with roughly 160,000 BPD is on Federal lands. The huge royalties from production will go to the Feds and North Slope communities.

Brad Keithley
25 days ago
Reply to  Alaskan tomcat

Yup, as I did the last time I dived into this, I will analyze that in the upcoming column focused on the subject. As an advance, however, you and others may be interested to know that while that contributes, the biggest driver of the problem is the decline in production tax revenues, which apply equally to Federal lands but are producing limited revenues because of how SB21 operates in the current environment.

Reggie Taylor
21 days ago
Reply to  Brad Keithley

Your displeasure with SB21 does not and will not solve the problem of declining state production tax income since all increasing production in the future will be occurring on federal fields. NPR-A, established over a century ago, is federal. The state’s royalty bonanza is over. Period.

Brad Keithley
20 days ago
Reply to  Reggie Taylor

Oh, come on, Reggie. Even my 92-year-old mother knows that state production tax applies to federal lands (up to the 3-mile offshore limit). Your lack of understanding of things Alaska is showing.

Reggie Taylor
20 days ago
Reply to  Brad Keithley

Mr. Keithley, you just acknowledged and agreed with Alaskan tomcat above regarding the federal/state royalty split on federal lands. If your Mom believes that the state will get 90% of the royalties in NPR-A or ANWR like we did in Prudhoe Bay, it’s likely because she was subject to your propaganda for way too long. The state royalty bonanza is over, and you will not resurrect it with increased production under current world oil market realities, especially since (by law) Alaskan oil cannot be exported to foreign nations without federal approval.

Brad Keithley
17 days ago
Reply to  Reggie Taylor

“Reggie” … There is a huge difference between royalties and production tax, the revenue source in your reply above (“declining state production tax”). Production tax applies to production from all lands (federal or state) located within the state’s boundaries out to the 3-mile limit. As we said before, your lack of understanding of things Alaska is showing through.

Reggie Taylor
17 days ago
Reply to  Brad Keithley

Mr. Keithley, the parallel of both royalties and production tax are that they are both state income from oil production and they are both based upon the amount produced. As noted from Alaskan tomcat’s comment, royalties are going down from 90% to 50% because virtually all projected future production will be coming from federal lands. And if you play the OPT games yet again (like has been done several times over the past 40 years), future production will be limited to just enough to keep the TAPS operating and viable, because there are plenty of other sources of crude for… Read more »

LisaV
18 days ago
Reply to  Brad Keithley

Ignoring the inability of some commenters to tell the difference between royalty and production tax… The most SofA can claw back here, in other words, is less than $500 million per year, after going through yet another giant legislative fight of experts, lobbyists, and executives, all the while proving its reputation as an unreliable fiscal environment. This has made numerous other investors in Alaska run the other way, and has hurt the state already. Why is it again that we can’t get anyone to invest in Cook Inlet gas, despite these presumably very low taxes? No, I think your other… Read more »

Reggie Taylor
18 days ago
Reply to  LisaV

Excellent comment. “……..The income or sales tax fight has to be had at some point………” Knowing this, my position is that: Income and/or sales taxes must come after the PFD is extinguished in order to eliminate yet another, new social entitlement (UBI) The emigration that will occur after the end of the PFD in itself will solve a meaningful portion of our social problems, thus making current social spending (which also needs to be reduced) go further Both a majority of the past few Legislatures and both of the previous two governors knew and accepted these positions The sooner this… Read more »