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SB 16: "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; and providing for an effective date."

00                             SENATE BILL NO. 16                                                                          
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; and providing for an effective date."                                                                      
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
06 to read:                                                                                                                
07       PURPOSE AND INTENT OF SECTION 4 OF THIS ACT.  (a)  The purpose of the                                             
08 amendment of AS 44.42.050(a) by sec. 4 of this Act is to validate and affirm the long-                                  
09 standing practice of the state with regard to the procedures used by the state for the planning                         
10 of transportation projects and to ensure the validity of all existing administrative regulations                        
11 of the Department of Transportation and Public Facilities.                                                              
12       (b)  It is the intent of the legislature in amending AS 44.42.050(a) to expressly                                 
13 overrule the decision of the Alaska Superior Court in Trout Unlimited v. State, 3AN-02-                                 
14 09363 Civil, and to affirm the validity of the state transportation planning process.                                   
01    * Sec. 2.  AS 19.10.140 is amended to read:                                                                        
02            Sec. 19.10.140.  Long-range program for highway construction and                                           
03       maintenance.  The [GOVERNOR SHALL REQUIRE THE] department may [TO]                                          
04       establish a continuing, long-range program for highway construction and maintenance.                              
05       The program must periodically [ANNUALLY] project proposed construction and                                    
06       maintenance of highways for not less than the next succeeding two [FIVE] years.  The                      
07       program shall become part of the state transportation plan developed under                                    
08       AS 44.42.050 [A STATEMENT OF THE PROGRAM SHALL BE SUBMITTED BY                                                
09       THE GOVERNOR TO THE LEGISLATURE ANNUALLY, AND THE LONG-                                                           
10       RANGE PROGRAM SHALL INCLUDE IN DETAIL THE PROGRAM PREPARED                                                        
11       UNDER AS 19.10.150].                                                                                              
12    * Sec. 3.  AS 44.42.020(a) is amended to read:                                                                     
13            (a)  The department shall                                                                                    
14                 (1)  plan, design, construct, and maintain all state modes of                                           
15       transportation and transportation facilities and all docks, floats, breakwaters, buildings,                       
16       and similar facilities;                                                                                           
17                 (2)  study existing transportation modes and facilities in the state to                                 
18       determine how they might be improved or whether they should continue to be                                        
19       maintained;                                                                                                       
20                 (3)  study alternative means of improving transportation in the state                                   
21       with regard to the economic costs of each alternative and its environmental and social                            
22       effects;                                                                                                          
23                 (4)  develop a comprehensive, long-range, intermodal transportation                                 
24       plan for the state;                                                                                               
25                 (5)  study alternatives to existing modes of transportation in urban areas                              
26       and develop plans to improve urban transportation;                                                                
27                 (6)  cooperate and coordinate with and enter into agreements with                                       
28       federal, state, and local government agencies and private organizations and persons in                            
29       exercising its powers and duties;                                                                                 
30                 (7)  manage, operate, and maintain state transportation facilities and all                              
31       docks, floats, breakwaters, and buildings, including all state highways, vessels,                                 
01       railroads, pipelines, airports, and aviation facilities;                                                          
02                 (8)  study alternative means of transportation in the state, considering                                
03       the economic, social, and environmental effects of each alternative;                                              
04                 (9)  coordinate and develop state and regional transportation systems,                                  
05       considering deletions, additions, and the absence of alterations;                                                 
06                 (10)  develop facility program plans for transportation and state                                       
07       buildings, docks, and breakwaters required to implement the duties set out in this                                
08       section, including but not limited to functional performance criteria and schedules for                           
09       completion;                                                                                                       
10                 (11)  supervise and maintain all state automotive and mechanical                                        
11       equipment, aircraft, and vessels, except vessels and aircraft used by the Department of                           
12       Fish and Game or the Department of Public Safety; for state vehicles maintained by                                
13       the department, the department shall periodically [ANNUALLY] evaluate the cost,                               
14       efficiency, and commercial availability of alternative fuels [NATURAL GAS] for                                
15       automotive purposes, and the purpose for which the vehicles are intended to be used,                              
16       and convert or purchase vehicles to use alternative fuels [UTILIZE NATURAL                                    
17       GAS] whenever practicable; the department may participate in joint ventures with                                  
18       public or private partners that will foster the availability of alternative fuels                             
19       [NATURAL GAS] for all automotive fuel consumers;                                                                  
20                 (12)  supervise aeronautics inside the state, under AS 02.10;                                           
21                 (13)  complete and maintain a current inventory of public facilities,                                   
22       including a projection of the serviceability of the facilities and projections of                                 
23       replacements and additions to facilities needed to provide the level of services                                  
24       programmed by the various user agencies, for municipalities with populations of less                              
25       than 12,000 and for unincorporated communities, and perform those duties on a                                     
26       cooperative basis with larger municipalities;                                                                     
27                 (14)  adopt energy performance standards for public facilities of the                                   
28       state, the construction of which begins after July 1, 1980; the standards shall be based                          
29       on thermal and lighting energy standards established by the American Society of                                   
30       Heating, Refrigeration and Air Conditioning Engineers as adapted for application in                               
31       high latitude, cold climate environs;                                                                             
01                 (15)  provide planning assistance, including but not limited to energy                                  
02       audits and related technical services, to school districts and regional educational                               
03       attendance areas to develop and implement                                                                         
04                      (A)  standards for the design, construction, and operation of                                      
05            rural educational facilities; and                                                                            
06                      (B)  energy conservation measures for rural educational                                            
07            facilities;                                                                                                  
08                 (16)  implement the safety and financial responsibility requirements for                                
09       air carriers under AS 02.40;                                                                                      
10                 (17)  inspect weights and measures.                                                                     
11    * Sec. 4.  AS 44.42.050(a) is amended to read:                                                                     
12            (a)  The commissioner shall develop [ANNUALLY] a comprehensive,                                              
13       intermodal, long-range transportation plan for the state.  The plan may be developed                          
14       in separate documents and divided into logical components, including geographic                               
15       areas, modes of transportation, transportation corridors, systems, and other                                  
16       distinct subjects.  In developing and revising the state plan, the commissioner may                       
17       [SHALL] consider the requirements of 23 U.S.C. 135, as amended.  Upon                                         
18       approval of the plan by the commissioner, the commissioner may transmit the                                   
19       plan to the governor and [MEANS AND COSTS OF IMPROVING EXISTING                                               
20       MODES AND FACILITIES, STATE AND FEDERAL SUBSIDIES, AND THE                                                        
21       COSTS AND BENEFITS OF NEW TRANSPORTATION MODES AND                                                                
22       FACILITIES.  THE COMMISSIONER SHALL ALSO CONSIDER THE                                                             
23       RECOMMENDATION OF THE ALASKA TRANSPORTATION PLANNING                                                              
24       COUNCIL.  THE PLAN SHALL BE SUBMITTED TO THE GOVERNOR FOR                                                         
25       REVIEW AND APPROVAL AND SUBMITTED BY THE GOVERNOR TO] the                                                         
26       legislature.                                                                                                      
27    * Sec. 5.  AS 44.42.050(d) is amended to read:                                                                     
28            (d)  The commissioner shall periodically develop a program [PLAN MUST                                    
29       INCLUDE A DESCRIPTION] of projects planned for design and construction for a                                  
30       period of not less than [THE FOLLOWING] two years that implement the plan                                 
31       developed under (a) of this section.  In developing the program of projects, the                              
01       commissioner may consider the requirements of 23 U.S.C. 135, as amended.  The                                 
02       program [DESCRIPTION] is in addition to the long-range plan required by (a) of this                           
03       section [AND BY AS 19.10.140].  The program [DESCRIPTION] must include an                                     
04       estimate of federal, state, and other funds anticipated to be received and a                                  
05       description, location, and itemization of the estimated cost for each project and the                         
06       total cost of all projects.  The commissioner shall propose and forward to the governor                           
07       for review and approval [AND INCLUSION, AS APPROVED, IN THE CAPITAL                                               
08       BUDGET] a construction program that includes the projects to be undertaken during                                 
09       the following year [TWO YEARS], including recommended project priorities.                                     
10       [FUNDS FOR TRANSPORTATION CONSTRUCTION PROJECTS AND                                                               
11       NECESSARY CONTINGENCIES SHALL BE ITEMIZED AS ALLOCATIONS                                                          
12       WITHIN THE BILL FOR THE GENERAL APPROPRIATIONS ACT.]                                                              
13    * Sec. 6.  The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       RETROSPECTIVITY.  Section 4 of this Act is retrospective to July 1, 1977.                                         
16    * Sec. 7.  This Act takes effect immediately under AS 01.10.070(c).