CSHB 327(TRA): "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; relating to a long-range program for highway construction and maintenance; repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 327(TRA) 01 "An Act relating to the powers and duties of the Department of Transportation and 02 Public Facilities; relating to a long-range program for highway construction and 03 maintenance; repealing a requirement that public facilities comply with energy 04 standards adopted by the Department of Transportation and Public Facilities; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 PURPOSE AND INTENT OF SECTION 4 OF THIS ACT. (a) The purpose of the 10 amendment of AS 44.42.050(a) by sec. 4 of this Act is to validate and affirm the long- 11 standing practice of the state with regard to the procedures used by the state for the planning 12 of transportation projects and to ensure the validity of all existing administrative regulations 13 of the Department of Transportation and Public Facilities.
01 (b) It is the intent of the legislature in amending of AS 44.42.050(a) to expressly 02 overrule the decision of the Alaska Superior Court in Trout Unlimited v. State, 3AN-02- 03 09363 Civil, and to affirm the validity of the state transportation planning process. 04 * Sec. 2. AS 19.10.140 is amended to read: 05 Sec. 19.10.140. Long-range program for highway construction and 06 maintenance. The [GOVERNOR SHALL REQUIRE THE] department may [TO] 07 establish a continuing, long-range program for highway construction and maintenance. 08 The program must periodically [ANNUALLY] project proposed construction and 09 maintenance of highways for not less than the next succeeding two [FIVE] years. The 10 program shall become part of the state transportation plan developed under 11 AS 44.42.050 [A STATEMENT OF THE PROGRAM SHALL BE SUBMITTED 12 BY THE GOVERNOR TO THE LEGISLATURE ANNUALLY, AND THE LONG- 13 RANGE PROGRAM SHALL INCLUDE IN DETAIL THE PROGRAM PREPARED 14 UNDER AS 19.10.150]. 15 * Sec. 3. AS 44.42.020(a) is amended to read: 16 (a) The department shall 17 (1) plan, design, construct, and maintain all state modes of 18 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 19 and similar facilities; 20 (2) study existing transportation modes and facilities in the state to 21 determine how they might be improved or whether they should continue to be 22 maintained; 23 (3) study alternative means of improving transportation in the state 24 with regard to the economic costs of each alternative and its environmental and social 25 effects; 26 (4) develop a comprehensive, long-range, intermodal transportation 27 plan for the state; 28 (5) study alternatives to existing modes of transportation in urban areas 29 and develop plans to improve urban transportation; 30 (6) cooperate and coordinate with and enter into agreements with 31 federal, state, and local government agencies and private organizations and persons in
01 exercising its powers and duties; 02 (7) manage, operate, and maintain state transportation facilities and all 03 docks, floats, breakwaters, and buildings, including all state highways, vessels, 04 railroads, pipelines, airports, and aviation facilities; 05 (8) study alternative means of transportation in the state, considering 06 the economic, social, and environmental effects of each alternative; 07 (9) coordinate and develop state and regional transportation systems, 08 considering deletions, additions, and the absence of alterations; 09 (10) develop facility program plans for transportation and state 10 buildings, docks, and breakwaters required to implement the duties set out in this 11 section, including but not limited to functional performance criteria and schedules for 12 completion; 13 (11) supervise and maintain all state automotive and mechanical 14 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 15 Fish and Game or the Department of Public Safety; for state vehicles maintained by 16 the department, the department shall periodically [ANNUALLY] evaluate the cost, 17 efficiency, and commercial availability of alternative fuels [NATURAL GAS] for 18 automotive purposes, and the purpose for which the vehicles are intended to be used, 19 and convert or purchase vehicles to use alternative fuels [UTILIZE NATURAL 20 GAS] whenever practicable; the department may participate in joint ventures with 21 public or private partners that will foster the availability of alternative fuels 22 [NATURAL GAS] for all automotive fuel consumers; 23 (12) supervise aeronautics inside the state, under AS 02.10; 24 (13) [COMPLETE AND MAINTAIN A CURRENT INVENTORY 25 OF PUBLIC FACILITIES, INCLUDING A PROJECTION OF THE 26 SERVICEABILITY OF THE FACILITIES AND PROJECTIONS OF 27 REPLACEMENTS AND ADDITIONS TO FACILITIES NEEDED TO PROVIDE 28 THE LEVEL OF SERVICES PROGRAMMED BY THE VARIOUS USER 29 AGENCIES, FOR MUNICIPALITIES WITH POPULATIONS OF LESS THAN 30 12,000 AND FOR UNINCORPORATED COMMUNITIES, AND PERFORM 31 THOSE DUTIES ON A COOPERATIVE BASIS WITH LARGER
01 MUNICIPALITIES; 02 (14) ADOPT ENERGY PERFORMANCE STANDARDS FOR 03 PUBLIC FACILITIES OF THE STATE, THE CONSTRUCTION OF WHICH 04 BEGINS AFTER JULY 1, 1980; THE STANDARDS SHALL BE BASED ON 05 THERMAL AND LIGHTING ENERGY STANDARDS ESTABLISHED BY THE 06 AMERICAN SOCIETY OF HEATING, REFRIGERATION AND AIR 07 CONDITIONING ENGINEERS AS ADAPTED FOR APPLICATION IN HIGH 08 LATITUDE, COLD CLIMATE ENVIRONS; 09 (15) PROVIDE PLANNING ASSISTANCE, INCLUDING BUT NOT 10 LIMITED TO ENERGY AUDITS AND RELATED TECHNICAL SERVICES, TO 11 SCHOOL DISTRICTS AND REGIONAL EDUCATIONAL ATTENDANCE 12 AREAS TO DEVELOP AND IMPLEMENT 13 (A) STANDARDS FOR THE DESIGN, CONSTRUCTION, 14 AND OPERATION OF RURAL EDUCATIONAL FACILITIES; AND 15 (B) ENERGY CONSERVATION MEASURES FOR RURAL 16 EDUCATIONAL FACILITIES; 17 (16)] implement the safety and financial responsibility requirements 18 for air carriers under AS 02.40; 19 (14) [(17)] inspect weights and measures. 20 * Sec. 4. AS 44.42.050(a) is amended to read: 21 (a) The commissioner shall develop [ANNUALLY] a comprehensive, 22 intermodal, long-range transportation plan for the state. The plan may be developed 23 in separate documents and divided into logical components, including geographic 24 areas, modes of transportation, transportation corridors, systems, and other 25 distinct subjects. In developing and revising the state plan, the commissioner may 26 [SHALL] consider the requirements of 23 U.S.C. 135, as amended. Upon 27 approval of the plan by the commissioner, the commissioner may transmit the 28 plan to the governor and [MEANS AND COSTS OF IMPROVING EXISTING 29 MODES AND FACILITIES, STATE AND FEDERAL SUBSIDIES, AND THE 30 COSTS AND BENEFITS OF NEW TRANSPORTATION MODES AND 31 FACILITIES. THE COMMISSIONER SHALL ALSO CONSIDER THE
01 RECOMMENDATION OF THE ALASKA TRANSPORTATION PLANNING 02 COUNCIL. THE PLAN SHALL BE SUBMITTED TO THE GOVERNOR FOR 03 REVIEW AND APPROVAL AND SUBMITTED BY THE GOVERNOR TO] the 04 legislature. 05 * Sec. 5. AS 44.42.050(d) is amended to read: 06 (d) The commissioner shall periodically develop a program [PLAN MUST 07 INCLUDE A DESCRIPTION] of projects planned for design and construction for a 08 period of not less than [THE FOLLOWING] two years that implement the plan 09 developed under (a) of this section. In developing the program of projects, the 10 commissioner may consider the requirements of 23 U.S.C. 135, as amended. The 11 program [DESCRIPTION] is in addition to the long-range plan required by (a) of this 12 section [AND BY AS 19.10.140]. The program [DESCRIPTION] must include an 13 estimate of federal, state, and other funds anticipated to be received and a 14 description, location, and itemization of the estimated cost for each project and the 15 total cost of all projects. The commissioner shall propose and forward to the governor 16 for review and approval [AND INCLUSION, AS APPROVED, IN THE CAPITAL 17 BUDGET] a construction program that includes the projects to be undertaken during 18 the following year [TWO YEARS], including recommended project priorities. 19 [FUNDS FOR TRANSPORTATION CONSTRUCTION PROJECTS AND 20 NECESSARY CONTINGENCIES SHALL BE ITEMIZED AS ALLOCATIONS 21 WITHIN THE BILL FOR THE GENERAL APPROPRIATIONS ACT.] 22 * Sec. 6. AS 46.11.900(8) is amended to read: 23 (8) "thermal and lighting energy standards" means the thermal and 24 lighting energy standards 25 (A) established by the American Society of Heating, 26 Refrigeration, and Air Conditioning Engineers as revised 27 [(i) BY THE COMMISSIONER OF 28 TRANSPORTATION AND PUBLIC FACILITIES UNDER 29 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR 30 (ii)] by the Alaska Housing Finance Corporation for 31 buildings and structures that are not public facilities; or
01 (B) developed in regulations adopted 02 [(i) BY THE COMMISSIONER OF 03 TRANSPORTATION AND PUBLIC FACILITIES UNDER 04 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR 05 (ii)] by the Alaska Housing Finance Corporation for 06 buildings and structures that are not public facilities. 07 * Sec. 7. AS 46.11.010 is repealed. 08 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 RETROSPECTIVITY. Section 4 of this Act is retrospective to July 1, 1977. 11 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).