SSSB 16: "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; repealing the requirement for a long-range program for highway construction and maintenance; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16 01 "An Act relating to the powers and duties of the Department of Transportation and 02 Public Facilities; repealing the requirement for a long-range program for highway 03 construction and maintenance; and repealing a requirement that public facilities comply 04 with energy standards adopted by the Department of Transportation and Public 05 Facilities." 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 OF SECTION 4 OF THIS ACT. The purpose of the amendment of 10 AS 44.42.050(a) by sec. 4 of this Act is to conform state statutes with federal standards and 11 current practice of the state for planning of transportation systems. 12 * Sec. 2. AS 19.05.040 is amended to read: 13 Sec. 19.05.040. Powers of department. The department may
01 (1) acquire property; 02 (2) exercise the power of eminent domain; 03 (3) take immediate possession of real property, or any interest in real 04 property [IT] under a declaration of taking or by other lawful means; 05 (4) acquire rights-of-way for present or future use; 06 (5) control access to highways; 07 (6) regulate roadside development; 08 (7) preserve and maintain the scenic beauty along state highways; 09 (8) dispose of property acquired for highway purposes; 10 (9) accept and dispose of federal funds or property available for 11 highway construction, maintenance, or equipment; 12 (10) enter into contracts or agreements relating to highways with the 13 federal government, municipalities, a political subdivision, or with a foreign 14 government, if the contract is approved by the federal government; 15 (11) establish, levy, and collect tolls, fees, charges, and rentals for the 16 use of state roads, highways, bridges, tunnels, crossings, and causeways; 17 (12) exercise any other power necessary to carry out the purpose of 18 AS 19.05 - AS 19.25; and 19 (13) award grants necessary or incidental to the performance of the 20 duties and execution of the powers of the department [HIGHWAY SAFETY 21 PLANNING AGENCY]. 22 * Sec. 3. AS 44.42.020(a) is amended to read: 23 (a) The department shall 24 (1) plan, design, construct, and maintain all state modes of 25 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 26 and similar facilities; 27 (2) study existing transportation modes and facilities in the state to 28 determine how they might be improved or whether they should continue to be 29 maintained; 30 (3) study alternative means of improving transportation in the state 31 with regard to the economic costs of each alternative and its environmental and social
01 effects; 02 (4) develop a comprehensive, long-range, intermodal transportation 03 plan for the state; 04 (5) study alternatives to existing modes of transportation in urban areas 05 and develop plans to improve urban transportation; 06 (6) cooperate and coordinate with and enter into agreements with 07 federal, state, and local government agencies and private organizations and persons in 08 exercising its powers and duties; 09 (7) manage, operate, and maintain state transportation facilities and all 10 docks, floats, breakwaters, and buildings, including all state highways, vessels, 11 railroads, pipelines, airports, and aviation facilities; 12 (8) study alternative means of transportation in the state, considering 13 the economic, social, and environmental effects of each alternative; 14 (9) coordinate and develop state and regional transportation systems, 15 considering deletions, additions, and the absence of alterations; 16 (10) develop facility program plans for transportation and state 17 buildings, docks, and breakwaters required to implement the duties set out in this 18 section, including but not limited to functional performance criteria and schedules for 19 completion; 20 (11) supervise and maintain all state automotive and mechanical 21 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 22 Fish and Game or the Department of Public Safety; for state vehicles maintained by 23 the department, the department shall periodically [ANNUALLY] evaluate the cost, 24 efficiency, and commercial availability of alternative fuels [NATURAL GAS] for 25 automotive purposes, and the purpose for which the vehicles are intended to be used, 26 and convert or purchase vehicles to use alternative fuels [UTILIZE NATURAL 27 GAS] whenever practicable; the department may participate in joint ventures with 28 public or private partners that will foster the availability of alternative fuels 29 [NATURAL GAS] for all automotive fuel consumers; 30 (12) supervise aeronautics inside the state, under AS 02.10; 31 (13) [COMPLETE AND MAINTAIN A CURRENT INVENTORY
01 OF PUBLIC FACILITIES, INCLUDING A PROJECTION OF THE 02 SERVICEABILITY OF THE FACILITIES AND PROJECTIONS OF 03 REPLACEMENTS AND ADDITIONS TO FACILITIES NEEDED TO PROVIDE 04 THE LEVEL OF SERVICES PROGRAMMED BY THE VARIOUS USER 05 AGENCIES, FOR MUNICIPALITIES WITH POPULATIONS OF LESS THAN 06 12,000 AND FOR UNINCORPORATED COMMUNITIES, AND PERFORM 07 THOSE DUTIES ON A COOPERATIVE BASIS WITH LARGER 08 MUNICIPALITIES; 09 (14) ADOPT ENERGY PERFORMANCE STANDARDS FOR 10 PUBLIC FACILITIES OF THE STATE, THE CONSTRUCTION OF WHICH 11 BEGINS AFTER JULY 1, 1980; THE STANDARDS SHALL BE BASED ON 12 THERMAL AND LIGHTING ENERGY STANDARDS ESTABLISHED BY THE 13 AMERICAN SOCIETY OF HEATING, REFRIGERATION AND AIR 14 CONDITIONING ENGINEERS AS ADAPTED FOR APPLICATION IN HIGH 15 LATITUDE, COLD CLIMATE ENVIRONS; 16 (15) PROVIDE PLANNING ASSISTANCE, INCLUDING BUT NOT 17 LIMITED TO ENERGY AUDITS AND RELATED TECHNICAL SERVICES, TO 18 SCHOOL DISTRICTS AND REGIONAL EDUCATIONAL ATTENDANCE 19 AREAS TO DEVELOP AND IMPLEMENT 20 (A) STANDARDS FOR THE DESIGN, CONSTRUCTION, 21 AND OPERATION OF RURAL EDUCATIONAL FACILITIES; AND 22 (B) ENERGY CONSERVATION MEASURES FOR RURAL 23 EDUCATIONAL FACILITIES; 24 (16)] implement the safety and financial responsibility requirements 25 for air carriers under AS 02.40; 26 (14) [(17)] inspect weights and measures; 27 (15) periodically study alternatives available to finance 28 transportation systems in order to provide an adequate level of funding to sustain 29 and improve the state's transportation system. 30 * Sec. 4. AS 44.42.050(a) is amended to read: 31 (a) The commissioner shall develop [ANNUALLY] a comprehensive,
01 intermodal, long-range transportation plan for the state. The plan shall be developed 02 in multiple documents that address logical components, including geographic 03 areas, modes of transportation, transportation corridors, systems, and other 04 distinct subjects relevant to transportation planning. The components of the plan 05 shall be revised as the commissioner determines appropriate. In developing and 06 revising the state plan, the commissioner shall conform to the requirements for the 07 eligibility and use of federal and other funds, as applicable. Upon approval of 08 each component of the plan by the commissioner, the commissioner shall 09 transmit notice of the approval of that component to the governor and 10 [CONSIDER MEANS AND COSTS OF IMPROVING EXISTING MODES AND 11 FACILITIES, STATE AND FEDERAL SUBSIDIES, AND THE COSTS AND 12 BENEFITS OF NEW TRANSPORTATION MODES AND FACILITIES. THE 13 COMMISSIONER SHALL ALSO CONSIDER THE RECOMMENDATION OF 14 THE ALASKA TRANSPORTATION PLANNING COUNCIL. THE PLAN SHALL 15 BE SUBMITTED TO THE GOVERNOR FOR REVIEW AND APPROVAL AND 16 SUBMITTED BY THE GOVERNOR] to the legislature. 17 * Sec. 5. AS 44.42.050(d) is amended to read: 18 (d) The commissioner shall develop a list [PLAN MUST INCLUDE A 19 DESCRIPTION] of projects scheduled [PLANNED] for expenditure [DESIGN 20 AND CONSTRUCTION] for a period of not less than [THE FOLLOWING] two 21 years that is consistent with the plan developed under (a) of this section. The list 22 of projects [DESCRIPTION] is in addition to the long-range plan required by (a) of 23 this section [AND BY AS 19.10.140]. The list of projects [DESCRIPTION] must 24 include an estimate of federal, state, and other funds anticipated to be received to 25 fund the projects and a description, location, and itemization of the estimated cost 26 for each project and the total cost of all projects. The commissioner shall propose and 27 forward to the governor for review and approval a [AND INCLUSION, AS 28 APPROVED, IN THE] capital budget [A CONSTRUCTION PROGRAM] that 29 includes the projects to be undertaken during the following year [TWO YEARS], 30 including recommended project priorities. [FUNDS FOR TRANSPORTATION 31 CONSTRUCTION PROJECTS AND NECESSARY CONTINGENCIES SHALL BE
01 ITEMIZED AS ALLOCATIONS WITHIN THE BILL FOR THE GENERAL 02 APPROPRIATIONS ACT.] 03 * Sec. 6. AS 46.11.900(8) is amended to read: 04 (8) "thermal and lighting energy standards" means the thermal and 05 lighting energy standards 06 (A) established by the American Society of Heating, 07 Refrigeration, and Air Conditioning Engineers as revised 08 [(i) BY THE COMMISSIONER OF 09 TRANSPORTATION AND PUBLIC FACILITIES UNDER 10 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR 11 (ii)] by the Alaska Housing Finance Corporation for 12 buildings and structures that are not public facilities; or 13 (B) developed in regulations adopted 14 [(i) BY THE COMMISSIONER OF 15 TRANSPORTATION AND PUBLIC FACILITIES UNDER 16 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR 17 (ii)] by the Alaska Housing Finance Corporation for 18 buildings and structures that are not public facilities. 19 * Sec. 7. AS 19.10.140 and AS 46.11.010 are repealed.