HB 80: "An Act establishing the Alaska Transportation Commission and relating to planning, design, construction, and maintenance of transportation facilities by the Department of Transportation and Public Facilities; and providing for an effective date."
00HOUSE BILL NO. 80 01 "An Act establishing the Alaska Transportation Commission and relating to 02 planning, design, construction, and maintenance of transportation facilities by the 03 Department of Transportation and Public Facilities; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 44.21 is amended by adding new sections to read: 07 Article 6A. Alaska Transportation Commission. 08 Sec. 44.21.350. Alaska Transportation Commission. (a) There is created 09 in the Department of Administration the Alaska Transportation Commission. The 10 commission is responsible for the preparation of transportation plans and the annual 11 proposed budget for capital expenditures for transportation projects to be constructed, 12 maintained, or operated by the Department of Transportation and Public Facilities. 13 (b) The commission consists of eleven members. The commissioner of 14 transportation and public facilities, commissioner of commerce and economic
01 development, and commissioner of natural resources are ex officio members of the 02 commission. Eight members of the commission are public members appointed by the 03 governor. The governor shall appoint one public member of the commission from 04 among the residents of each of the eight transportation areas in the state. The public 05 members serve at the pleasure of the governor for staggered four-year terms and until 06 a successor is appointed. A vacancy among the appointed members of the commission 07 occurring other than by expiration of term shall be filled in the same manner as the 08 original appointment but only for the unexpired term and until a successor is appointed 09 and qualified. 10 (c) The public members of the commission serve without compensation but are 11 entitled to per diem and travel expenses authorized for boards and commissions under 12 AS 39.20.180. The public members of the commission shall comply with AS 39.50 13 (conflict of interest). 14 (d) The members of the commission shall select a chair from among its 15 members. Six members of the commission constitute a quorum. The commission may 16 take action upon the affirmative vote of six of its members. 17 (e) The commission may employ staff as the commission determines necessary 18 to perform its duties. 19 (f) The operating budget of the commission is subject to AS 37.07. 20 (g) The Department of Transportation and Public Facilities shall designate 21 eight transportation areas that in total comprise the entire state. Each transportation 22 area shall be compact, consist of contiguous areas, and contain an approximately equal 23 portion of the total lane miles of state roads in the state. 24 Sec. 44.21.360. Powers and duties of the commission. (a) The commission 25 shall prepare and submit to the governor for inclusion in the state capital projects 26 budget a capital construction and maintenance program for transportation facilities that 27 includes the projects to be undertaken during the following two fiscal years, including 28 a ranking of priorities for proposed transportation capital projects. Funds for 29 transportation construction and maintenance projects and necessary contingencies 30 identified by the commission must be itemized as allocations within the capital budget 31 proposal submitted to the governor.
01 (b) The commission shall prepare the transportation capital projects budget in 02 the manner, and in accordance with the schedule, set out under AS 37.07. 03 (c) The commission may submit proposals for transportation capital projects 04 to the governor for inclusion in supplemental or special appropriation bills. 05 (d) The capital construction and maintenance program for transportation 06 facilities and the capital budget proposal prepared by the commission shall be 07 submitted to the legislature at the same time they are submitted to the governor. 08 Sec. 44.21.370. State transportation plan. (a) The commission shall 09 develop annually a comprehensive, intermodal, long-range transportation plan for the 10 state. In developing and revising the state plan, the commission shall consider means 11 and costs of improving existing modes and facilities, state and federal subsidies, and 12 the costs and benefits of new transportation modes and facilities. The commission 13 shall also consider the recommendation of the Alaska Transportation Planning Council. 14 The plan shall be submitted to the governor for submission to the legislature. 15 (b) In developing and revising the plan, the commission shall seek public 16 review and evaluation by any reasonable means and may 17 (1) consult and cooperate with officials and representatives of the 18 federal government, other governments, interstate commissions and authorities, local 19 agencies and authorities, interested corporations, and other organizations concerning 20 problems affecting transportation in the state; and 21 (2) request from the Department of Transportation and Public Facilities 22 or other agency of the state government or of a political subdivision of the state, or 23 from a public authority, the assistance and data that may be necessary to enable the 24 commission to carry out responsibilities under this section; every such entity shall 25 provide the assistance and data requested. 26 (c) Copies of the plan, as revised, shall be kept on file as a public document 27 in the office of the commission, the office of the commissioner of transportation and 28 public facilities, and at each regional office of the Department of Transportation and 29 Public Facilities. 30 (d) The plan must include a description of transportation projects planned for 31 design, construction, and maintenance for the following two years. The description is
01 in addition to the long-range plan required by (a) of this section and by AS 44.21.375. 02 The description must include an itemization of the estimated cost for each project and 03 the total cost of all projects. The commission shall propose a capital project 04 construction and maintenance program that includes the projects to be undertaken 05 during the following two years, including recommended project priorities. The 06 commission shall forward the plan to the governor for review and approval and 07 inclusion in the governor's capital budget request to the legislature. 08 Sec. 44.21.375. Highway construction and maintenance program. (a) The 09 commission shall establish a continuing, long-range program for highway construction 10 and maintenance. The program must annually project proposed construction and 11 maintenance of highways for not less than the next succeeding five years. The 12 program must include consideration of plans developed by the Department of 13 Transportation and Public Facilities under AS 19.20 and must include in detail the 14 program prepared under (b) of this section. A statement of the program shall be 15 submitted by the governor to the legislature annually. 16 (b) Before February 2 of each year, the commission shall prepare a statement 17 showing what construction work has been requested and proposed and may be 18 undertaken by the Department of Transportation and Public Facilities. The statement 19 must set out a general itemization of the estimated cost for each project and the total 20 estimates of all projects. The commission shall adopt a construction program that, 21 subject to appropriation by the legislature, must include the projects to be undertaken 22 by the Department of Transportation and Public Facilities during the following 23 construction season and must establish project priorities. The commission may 24 increase, decrease, amend, or revise the construction program from time to time as 25 circumstances warrant. 26 Sec. 44.21.380. Alaska marine highway system plan. The commission shall 27 prepare a comprehensive long-range plan for the development and improvement of the 28 Alaska marine highway system and shall revise and update the plan at least every five 29 years. The commission shall submit the comprehensive long-range plan and revisions 30 and updates of the plan to the governor, legislature, and the commissioner of 31 transportation and public facilities.
01 Sec. 44.21.390. Definitions. In AS 44.21.350 - 44.21.390, 02 (1) "capital project" means a project with a cost exceeding $10,000 to 03 acquire or improve an asset with an anticipated life exceeding one year and includes 04 land acquisition, construction, repair, or structural improvement of a facility, 05 engineering and design for a facility, and acquisition or repair of equipment; 06 (2) "commission" means the Alaska Transportation Commission; 07 (3) "highway" has the meaning given in AS 19.45.001; 08 (4) "transportation" includes the following means of conveyance or 09 travel, including related or auxiliary structures, facilities, or services: air, rail, water, 10 highway, and pipeline. 11 * Sec. 2. AS 19.05.010 is amended to read: 12 Sec. 19.05.010. Department to supervise highway system. The department 13 is responsible for the design [PLANNING], construction, maintenance, protection, and 14 control of the state highway system. 15 * Sec. 3. AS 19.05.030 is amended to read: 16 Sec. 19.05.030. Duties of department. The department has the following 17 duties: 18 (1) direct approved highway design [PLANNING] and construction and 19 maintenance, protection, and control of highways; 20 (2) employ assistants and employees; 21 (3) certify and approve vouchers; 22 (4) provide a program of highway research; 23 (5) prepare a budget; 24 (6) assist the Alaska Transportation Commission in its review of the 25 annual highway program; 26 (7) develop and implement an avalanche control plan to protect persons 27 who use public highways. 28 * Sec. 4. AS 19.05.125 is amended to read: 29 Sec. 19.05.125. Purpose. The purpose of AS 19.05 - AS 19.25 is to establish 30 a highway department capable of carrying out a highway design [PLANNING], 31 construction, and maintenance program that will provide a common defense to the
01 United States and Alaska, a network of highways linking together cities and 02 communities throughout the state (thereby contributing to the development of 03 commerce and industry in the state, and aiding the extraction and utilization of its 04 resources), and otherwise improve the economic and general welfare of the people of 05 the state. 06 * Sec. 5. AS 19.10.120 is amended to read: 07 Sec. 19.10.120. Research on highway development. The department may 08 gather, investigate, and compile information concerning the use, construction, and 09 maintenance of highways, the practices and methods of efficient highway organization, 10 financing, and other information, data, and statistics of the state and the extent of the 11 natural resources of road-building materials in the state. The department may enter 12 into agreements with states, municipalities, or research organizations to carry on 13 research and test projects involving highway development. The department shall 14 [MAY] disseminate this information, together with recommendations it considers 15 advisable, to the Alaska Transportation Commission and the public. 16 * Sec. 6. AS 19.30.141 is amended to read: 17 Sec. 19.30.141. Acquisition and construction programs. Before October 1 18 of each fiscal year, each local government eligible for allocation of funds under 19 AS 19.30.131 shall submit to the Alaska Transportation Commission 20 [COMMISSIONER] for approval a five-year plan for the acquisition and construction 21 of local service roads and trails. Before December 1 of each fiscal year, the 22 commissioner [COMMISSIONER] shall submit to the governor a five-year plan for 23 the acquisition and construction of local service roads and trails, including the 24 approved local government programs. An organized borough shall include in its five- 25 year plan local service road acquisition and construction programs for all cities other than 26 home rule cities within the boundaries of the borough. The commission [COMMISSIONER] 27 shall include in the five-year plan local service road and trail acquisition and construction 28 within the unorganized borough. 29 * Sec. 7. AS 19.30.310 is amended to read: 30 Sec. 19.30.310. Report. No later than August 1 of each year, a municipality 31 that has received money under AS 19.30.270 shall submit a report to the department
01 showing the use of the money by the municipality during the preceding fiscal year. 02 No later than December 1 of each year, the department shall prepare and submit to the 03 governor and the Alaska Transportation Commission a report showing the use of 04 the money allocated under AS 19.30.270 during the preceding fiscal year. 05 * Sec. 8. AS 39.50.200(b) is amended by adding a new paragraph to read: 06 (56) Alaska Transportation Commission (AS 44.21.350). 07 * Sec. 9. AS 43.40.010(g) is amended to read: 08 (g) The proceeds of the revenue from the tax on all motor fuels, except as 09 provided in (e), (f), and (j) of this section, shall be deposited in a special highway fuel 10 tax account in the state general fund. The legislature may appropriate funds from it 11 for expenditure by the Department of Transportation and Public Facilities directly or 12 as matched with available federal-aid highway money for maintenance of highways, 13 construction of highway projects and ferries included in the program provided for in 14 AS 44.21.375 [AS 19.10.150], including approaches, appurtenances, and related 15 facilities and acquisition of rights-of-way or easements, and other highway costs 16 including surveys, administration, and related matters. All departments of the state 17 government authorized to spend funds collected from taxes imposed by this chapter 18 shall perform, when feasible, all construction or reconstruction projects by contract 19 after the projects have been advertised for competitive bids, except that, when feasible, 20 arrangements shall be made with political subdivisions to carry out the construction 21 or reconstruction projects. If it is not feasible for the work to be performed by state 22 engineering forces, the commissioner of transportation and public facilities may 23 contract on a professional basis with private engineering firms for road design, bridge 24 design, and services in connection with surveys. If more than one private engineering 25 firm is available for the work, the contracts shall be entered into on a negotiated basis. 26 * Sec. 10. AS 44.42.020(a) is amended to read: 27 (a) The department shall 28 (1) [PLAN,] design, construct, and maintain all state modes of 29 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 30 and similar facilities; 31 (2) study existing transportation modes and facilities in the state to
01 determine how they might be improved or whether they should continue to be 02 maintained; 03 (3) study alternative means of improving transportation in the state with 04 regard to the economic costs of each alternative and its environmental and social 05 effects; 06 (4) provide assistance to the Alaska Transportation Commission as 07 necessary to develop a comprehensive, long-range intermodal transportation plan for 08 the state or to develop other transportation plans; 09 (5) study alternatives to existing modes of transportation in urban areas 10 and develop plans to improve urban transportation; 11 (6) cooperate and coordinate with and enter into agreements with 12 federal, state, and local government agencies and private organizations and persons in 13 exercising its powers and duties; 14 (7) manage, operate, and maintain state transportation facilities and all 15 docks, floats, breakwaters, and buildings, including all state highways, vessels, 16 railroads, pipelines, airports, and aviation facilities; 17 (8) study alternative means of transportation in the state, considering 18 the economic, social, and environmental effects of each alternative; 19 (9) coordinate and develop state and regional transportation systems, 20 considering deletions, additions, and the absence of alterations; 21 (10) develop facility program plans for specific transportation facilities, 22 [AND] state buildings, and other facilities [DOCKS, AND BREAKWATERS] 23 required to implement the duties set out in this section, including [BUT NOT 24 LIMITED TO] functional performance criteria and schedules for completion; 25 (11) supervise and maintain all state automotive and mechanical 26 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 27 Fish and Game or the Department of Public Safety; for state vehicles maintained by 28 the department, the department shall annually evaluate the cost, efficiency, and 29 commercial availability of natural gas for automotive purposes, and the purpose for 30 which the vehicles are intended to be used, and convert or purchase vehicles to utilize 31 natural gas whenever practicable; the department may participate in joint ventures with
01 public or private partners that will foster the availability of natural gas for all 02 automotive fuel consumers; 03 (12) supervise aeronautics inside the state, under AS 02.10; 04 (13) complete and maintain a current inventory of public facilities, 05 including a projection of the serviceability of the facilities and projections of 06 replacements and additions to facilities needed to provide the level of services 07 programmed by the various user agencies, for municipalities with populations of less 08 than 12,000 and for unincorporated communities, and perform those duties on a 09 cooperative basis with larger municipalities; 10 (14) adopt energy performance standards for public facilities of the 11 state, the construction of which begins after July 1, 1980; the standards shall be based 12 on thermal and lighting energy standards established by the American Society of 13 Heating, Refrigeration and Air Conditioning Engineers as adapted for application in 14 high latitude, cold climate environs; 15 (15) provide planning assistance, including but not limited to energy 16 audits and related technical services, to school districts and regional educational 17 attendance areas to develop and implement 18 (A) standards for the design, construction, and operation of rural 19 educational facilities; and 20 (B) energy conservation measures for rural educational facilities. 21 * Sec. 11. AS 19.10.140, 19.10.150; AS 19.65.011; and AS 44.42.050 are repealed. 22 * Sec. 12. DESIGNATION OF TRANSPORTATION AREAS. On or before August 1, 23 1997, the Department of Transportation and Public Facilities shall complete and forward to 24 the governor a description of the eight transportation areas described under AS 44.21.350, 25 added by sec. 1 of this Act. 26 * Sec. 13. INITIAL APPOINTMENT OF PUBLIC MEMBERS OF THE ALASKA 27 TRANSPORTATION COMMISSION. Notwithstanding AS 44.21.350, added by sec. 1 of this 28 Act, the persons appointed to the initial terms on the Alaska Transportation Commission shall 29 be appointed to terms as set out under AS 39.05.055(6). 30 * Sec. 14. This Act takes effect July 1, 1997.