SSHB 133: "An Act relating to the Alaska transportation system and local review of public projects."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133 01 "An Act relating to the Alaska transportation system and local review of public 02 projects." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS. (a) The legislature finds that the first priority of the Department 05 of Transportation and Public Facilities is the operation and maintenance of the existing state 06 transportation system. 07 (b) The legislature further finds that 08 (1) "northern design" technologies in other northern regions of the world have 09 demonstrated the benefits of innovative transportation and community development 10 technologies and systems; the State of Alaska should strive to be a leader in the development 11 of "northern design" technologies; the Department of Transportation and Public Facilities 12 should incorporate principles of "northern design" technologies into transportation planning 13 and construction projects where practicable; 14 (2) the Department of Transportation and Public Facilities should incorporate,
01 wherever practicable, pedestrian, bicycle, and other individual transportation modes as part of 02 the transportation projects that it undertakes. 03 * Sec. 2. AS 19.15 is amended by adding new sections to read: 04 Sec. 19.15.050. LEGISLATIVE CONSIDERATION OF APPROPRIATIONS 05 TO MUNICIPALITIES. The department shall report annually to the legislature the 06 estimated amount of federal highway funds that the department anticipates the state 07 will receive for the next fiscal year and the amount that will be required as a state 08 match for those federal funds. The report must also describe the progress made in 09 achieving the goals of the previous transportation plan developed under 10 AS 44.42.050(a) and the obstacles encountered that prevented the accomplishment of 11 the goals of the previous plan, the status of specific projects currently approved or 12 funded by the legislature, the status of general, nonsite specific projects and programs 13 currently approved or funded by the legislature, the amount expended during the 14 previous year for each type and category of transportation project in each organized 15 borough and the unorganized borough, the nature and extent of deferred maintenance 16 of transportation systems in the state, and the manner and degree of success of the 17 department in meeting the requirements and goals of the federal transportation 18 programs in which the department participates including transportation management 19 systems under 23 U.S.C. 303. Based upon this report, the legislature may consider 20 appropriating 35 percent of that total to boroughs or unified municipalities or to 21 communities in the unorganized borough for local transportation projects. 22 Sec. 19.15.060. ESTIMATING COSTS OF TRANSPORTATION PROJECTS. 23 When estimating the cost of a transportation project, the department shall calculate and 24 report an accounting of the complete and true costs of the project. The department 25 shall solicit testimony from the public concerning the estimated costs of a 26 transportation project. In this section, "complete and true costs" include the 27 (1) financial cost of initial construction and the operation and 28 maintenance costs of the project for the 10-year period following completion of the 29 project; and 30 (2) potential social and land-use consequences, both positive and 31 negative.
01 Sec. 19.15.100. LOCAL TRANSPORTATION PLANNING GRANTS. (a) 02 The department may make grants to municipalities, villages, or nonprofit transportation 03 planning organizations for public education and information, to purchase professional 04 engineering and planning consulting services, and for public opinion surveys, meetings, 05 and other activities that facilitate local citizen involvement in the transportation 06 planning process of a municipality or the department. 07 (b) An application for a grant under this section must include a detailed budget 08 of proposed expenditures, a detailed description of the activities or projects for which 09 the grant is to be used, a description of how these activities or projects will facilitate 10 citizen involvement in the transportation planning process of a municipality or the 11 department, and any other information required by the department. 12 (c) Information a municipality, village, or organization develops or obtains 13 under a grant under this section shall be made available to the department and the 14 public. 15 (d) The department shall adopt regulations to implement this section. 16 (e) The department shall report annually to the legislature the total of the 17 amount of federal highway funds and state matching funds required for the acceptance 18 of the federal funds so that the legislature may consider appropriating one percent of 19 those funds for transportation planning grants under this section. 20 (f) In this section, 21 (1) "transportation planning organization" means an organization that 22 is based within a municipality, village, or community, and that has as one of its 23 purposes the facilitation of local citizen involvement in the transportation planning 24 process of a municipality or the department; 25 (2) "village" has the meaning given in AS 35.30.040. 26 * Sec. 3. AS 35.30.010 is repealed and reenacted to read: 27 Sec. 35.30.010. REVIEW AND APPROVAL BY LOCAL AUTHORITIES. 28 (a) Except as provided in (b) of this section, before commencing design of a public 29 project if the project is located (1) in a municipality, the department shall submit the 30 plans for the project to the planning commission of the municipality for review and 31 approval; (2) within 50 miles of a village, the department shall submit the plans to the
01 village council for review and comment; (3) within one-half mile of the boundary of 02 an area represented by a community council established by municipal charter or 03 ordinance, the department shall submit the plans to the community council for review 04 and comment. If final disapproval by resolution of the governing body of the affected 05 municipality is not received within 90 days from the date the project was submitted 06 to the municipality, the department may proceed with the project. 07 (b) Notwithstanding AS 19, if the public project is to be constructed by the 08 department and is a highway, local service road, or other transportation project, the 09 department may not begin design of the project until it has first received the approval 10 of the 11 (1) governing body of the municipality if the project is located within 12 the boundaries of a municipality; or 13 (2) village council of the village if the project is located within, or 14 within 50 miles of, a village. 15 * Sec. 4. AS 35.30.030 is amended to read: 16 Sec. 35.30.030. WAIVER. For a public project, other than a highway, 17 local service road, or other transportation project, if [IF] a department clearly 18 demonstrates an overriding state interest, waiver of local planning authority approval 19 and the compliance requirement may be granted by the governor. The governor shall 20 issue specific findings giving reasons for granting a [ANY] waiver under this section. 21 * Sec. 5. AS 44.42 is amended by adding a new section to read: 22 Sec. 44.42.015. STATE TRANSPORTATION POLICY. It is the policy of the 23 state that 24 (1) the state transportation system shall be a statewide system that is 25 economically efficient and environmentally sound, that allows the state to compete in 26 the national and international economy, that enhances the communities of the state, and 27 that moves people and goods in an energy efficient manner; 28 (2) all forms of transportation, but not necessarily all roads, shall be 29 connected and unified in order to reduce energy consumption and air pollution while 30 improving public transportation; 31 (3) the state transportation system shall provide safe access for
01 pedestrians and bicyclists, provide transportation for people who do not own vehicles, 02 and mobility for elderly persons, persons with disabilities, and economically 03 disadvantaged persons in both urban and rural areas of the state; 04 (4) social benefits and the full costs of transportation shall be 05 considered with particular attention to the external benefits of reduced air and water 06 pollution, reduced traffic congestion, and other aspects of the quality of life in the 07 state; 08 (5) the public shall be actively involved in identifying transportation 09 needs and determining transportation priorities; 10 (6) the state transportation system shall be designed, operated, and 11 maintained with constant attention to innovation, competition, energy efficiency, 12 productivity, growth, and accountability; 13 (7) communities in the state do not have to be connected by roads if 14 they do not desire and the state is not required to connect every community desiring 15 improved transportation to the state highway network; 16 (8) persons most affected by local, regional, or statewide transportation 17 decisions shall have a strong voice in making those decisions. 18 * Sec. 6. AS 44.42.040 is amended by adding a new subsection to read: 19 (b) The commissioner shall adopt regulations establishing citizen advisory 20 councils to advise the commissioner and report to the commissioner on the 21 department's procedures for public involvement in transportation planning and the 22 department's performance in fulfilling the state's obligations under 23 U.S.C., P.L. 102-240, and state law and to serv 23 as a forum for citizen participation in the evaluation 24 of transportation needs and opportunities, development of criteria for project selection, 25 and examination of alternative solutions to transportation problems. The councils may 26 participate in local, regional, and statewide transportation planning conducted by the 27 department. A council shall be established in each of the southeast, southcentral, 28 northern, and western regions of the state. The commissioner shall set the number of 29 and terms for members of each council, designate one member of each council as 30 chair, and authorize the council to meet and hold public hearings on matters consistent 31 with the purposes for which the councils are established. Members of a council are
01 not entitled to compensation for service on a council, but may be eligible for per diem 02 and travel expenses authorized for members of boards and commissions under 03 AS 39.20.180 if the commissioner so provides by regulation. Each council shall 04 forward its comments and recommendations to the commissioner. If the commissioner 05 does not follow the recommendations of a council, the commissioner shall inform the 06 council of the decision and the reasons for not following the recommendation. 07 * Sec. 7. AS 44.42.050(a) is amended to read: 08 (a) The commissioner shall develop annually a comprehensive, intermodal, 09 long-range transportation plan for the state. In developing and revising the state plan, 10 the commissioner shall consider factors described in (e) of this section, means and 11 costs of improving existing modes and facilities, state and federal subsidies, and the 12 costs and benefits of new transportation modes and facilities. The commissioner shall 13 also consider the comments and recommendations of the citizen advisory councils 14 established under AS 44.42.040 [RECOMMENDATION OF THE ALASKA 15 TRANSPORTATION PLANNING COUNCIL]. The plan shall be submitted to the 16 governor for review and approval and submitted by the governor to the legislature. 17 * Sec. 8. AS 44.42.050(b) is amended to read: 18 (b) In developing and revising the plan, the commissioner shall seek public 19 review and evaluation by any reasonable means, including public hearings held by 20 citizen advisory councils established under AS 44.42.040, and may 21 (1) consult and cooperate with officials and representatives of the 22 federal government, other governments, interstate commissions and authorities, local 23 agencies and authorities, interested corporations, and other organizations concerning 24 problems affecting transportation in the state; and 25 (2) request from an agency or other unit of the state government or of 26 a political subdivision of the state [IT], or from a public authority, the assistance and 27 data that may be necessary to enable the commissioner to carry out responsibilities 28 under this section; every such entity shall provide the assistance and data requested. 29 * Sec. 9. AS 44.42.050 is amended by adding new subsections to read: 30 (e) The state transportation plan must address the following factors: 31 (1) the results of management systems required under 23 U.S.C. 134
01 and 23 U.S.C. 135(b); 02 (2) federal, state, and local energy use, goals, programs, or 03 requirements; 04 (3) strategies for incorporating bicycle transportation facilities and 05 pedestrian walkways into transportation projects, where appropriate; 06 (4) international border crossings and access to ports, airports, 07 intermodal transportation facilities, major freight distribution routes, national parks, 08 recreation and scenic areas, monuments and historic sites, and military installations; 09 (5) transportation needs of nonmetropolitan areas through a process that 10 includes consultation with local elected officials with jurisdiction over transportation; 11 (6) metropolitan area plans developed under 23 U.S.C. 134; 12 (7) connectivity between metropolitan areas in the state and 13 metropolitan areas in other states; 14 (8) recreational travel and tourism; 15 (9) a state plan developed under 33 U.S.C. 1251 - 1376 (Federal Water 16 Pollution Control Act); 17 (10) transportation system management and investment strategies 18 designed to make efficient use of existing transportation facilities; 19 (11) the overall social, economic, energy, and environmental effects of 20 transportation decisions; 21 (12) methods to prevent or reduce traffic congestion, including methods 22 that reduce motor vehicle travel, particularly single-occupant motor vehicle travel; 23 (13) methods to expand and enhance transit services and to encourage 24 the use of transit services; 25 (14) effect of transportation decisions on land use and land 26 development, including the need for consistency between transportation decision 27 making and applicable short-range and long-range land use and development; 28 (15) transportation needs identified through the management systems 29 required under 23 U.S.C. 303; 30 (16) innovative mechanisms for financing transportation projects; 31 (17) preservation of rights-of-way for construction of future
01 transportation projects; 02 (18) long-range needs of the state transportation system; 03 (19) methods to enhance the efficient movement of commercial motor 04 vehicles; 05 (20) use of life-cycle costs in the design and engineering of bridges, 06 tunnels, and pavement; 07 (21) coordination of the state transportation plan with metropolitan 08 planning organization transportation plans and the reconciliation of the plans to ensure 09 connectivity of state and metropolitan transportation systems; 10 (22) investment strategies to improve roads that support rural economic 11 growth and tourism development, federal agency renewable resource management, and 12 multipurpose land management practices; 13 (23) concerns of organizations representing the interests of Alaska 14 Natives. 15 (f) The department may not expend funds for a project or program unless the 16 project or program has been included in the state transportation plan, reviewed by the 17 governor and legislature, and funded under a specific appropriation made by the 18 legislature for the project or program. After July 1, 1997, a project or program may 19 not be included in the plan unless the project or program has been subject to review 20 by a citizen advisory council established under AS 44.42.040.