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CSSSSB 16(TRA): "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; and providing for an effective date."

00           CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16(TRA)                                                         
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; and providing for an effective date."                                                                       
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  AS 19.05.040 is amended to read:                                                                     
08            Sec. 19.05.040.  Powers of department.  The department may                                                 
09                 (1)  acquire property;                                                                                  
10                 (2)  exercise the power of eminent domain;                                                              
11                 (3)  take immediate possession of real property, or any interest in real                            
12       property [IT] under a declaration of taking or by other lawful means;                                         
13                 (4)  acquire rights-of-way for present or future use;                                                   
01                 (5)  control access to highways;                                                                        
02                 (6)  regulate roadside development;                                                                     
03                 (7)  preserve and maintain the scenic beauty along state highways;                                      
04                 (8)  dispose of property acquired for highway purposes;                                                 
05                 (9)  accept and dispose of federal funds or property available for                                      
06       highway construction, maintenance, or equipment;                                                                  
07                 (10)  enter into contracts or agreements relating to highways with the                                  
08       federal government, municipalities, a political subdivision, or with a foreign                                    
09       government, if the contract is approved by the federal government;                                                
10                 (11)  establish, levy, and collect tolls, fees, charges, and rentals for the                            
11       use of state roads, highways, bridges, tunnels, crossings, and causeways;                                         
12                 (12)  exercise any other power necessary to carry out the purpose of                                    
13       AS 19.05 - AS 19.25; and                                                                                          
14                 (13)  award and administer grants authorized by appropriation by                                
15       the legislature [NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF                                                
16       THE DUTIES AND EXECUTION OF THE POWERS OF THE HIGHWAY                                                             
17       SAFETY PLANNING AGENCY].                                                                                          
18    * Sec. 2.  AS 44.42.020(a) is amended to read:                                                                     
19            (a)  The department shall                                                                                    
20                 (1)  plan, design, construct, and maintain all state modes of                                           
21       transportation and transportation facilities and all docks, floats, breakwaters, buildings,                       
22       and similar facilities;                                                                                           
23                 (2)  study existing transportation modes and facilities in the state to                                 
24       determine how they might be improved or whether they should continue to be                                        
25       maintained;                                                                                                       
26                 (3)  study alternative means of improving transportation in the state                                   
27       with regard to the economic costs of each alternative and its environmental and social                            
28       effects;                                                                                                          
29                 (4)  develop a comprehensive, long-range, intermodal transportation                                 
30       plan for the state;                                                                                               
31                 (5)  study alternatives to existing modes of transportation in urban areas                              
01       and develop plans to improve urban transportation;                                                                
02                 (6)  cooperate and coordinate with and enter into agreements with                                       
03       federal, state, and local government agencies and private organizations and persons in                            
04       exercising its powers and duties;                                                                                 
05                 (7)  manage, operate, and maintain state transportation facilities and all                              
06       docks, floats, breakwaters, and buildings, including all state highways, vessels,                                 
07       railroads, pipelines, airports, and aviation facilities;                                                          
08                 (8)  study alternative means of transportation in the state, considering                                
09       the economic, social, and environmental effects of each alternative;                                              
10                 (9)  coordinate and develop state and regional transportation systems,                                  
11       considering deletions, additions, and the absence of alterations;                                                 
12                 (10)  develop facility program plans for transportation and state                                       
13       buildings, docks, and breakwaters required to implement the duties set out in this                                
14       section, including but not limited to functional performance criteria and schedules for                           
15       completion;                                                                                                       
16                 (11)  supervise and maintain all state automotive and mechanical                                        
17       equipment, aircraft, and vessels, except vessels and aircraft used by the Department of                           
18       Fish and Game or the Department of Public Safety; for state vehicles maintained by                                
19       the department, the department shall every five years [ANNUALLY] evaluate the                                 
20       cost, efficiency, and commercial availability of alternative fuels [NATURAL GAS]                              
21       for automotive purposes, and the purpose for which the vehicles are intended to be                                
22       used, and convert or purchase vehicles to use alternative fuels [UTILIZE NATURAL                              
23       GAS] whenever practicable; the department may participate in joint ventures with                                  
24       public or private partners that will foster the availability of alternative fuels                             
25       [NATURAL GAS] for all automotive fuel consumers;                                                                  
26                 (12)  supervise aeronautics inside the state, under AS 02.10;                                           
27                 (13)  [COMPLETE AND MAINTAIN A CURRENT INVENTORY                                                        
28       OF PUBLIC FACILITIES, INCLUDING A PROJECTION OF THE                                                               
29       SERVICEABILITY OF THE FACILITIES AND PROJECTIONS OF                                                               
30       REPLACEMENTS AND ADDITIONS TO FACILITIES NEEDED TO PROVIDE                                                        
31       THE LEVEL OF SERVICES PROGRAMMED BY THE VARIOUS USER                                                              
01       AGENCIES, FOR MUNICIPALITIES WITH POPULATIONS OF LESS THAN                                                        
02       12,000 AND FOR UNINCORPORATED COMMUNITIES, AND PERFORM                                                            
03       THOSE DUTIES ON A COOPERATIVE BASIS WITH LARGER                                                                   
04       MUNICIPALITIES;                                                                                                   
05                 (14)  ADOPT ENERGY PERFORMANCE STANDARDS FOR                                                            
06       PUBLIC FACILITIES OF THE STATE, THE CONSTRUCTION OF WHICH                                                         
07       BEGINS AFTER JULY 1, 1980; THE STANDARDS SHALL BE BASED ON                                                        
08       THERMAL AND LIGHTING ENERGY STANDARDS ESTABLISHED BY THE                                                          
09       AMERICAN SOCIETY OF HEATING, REFRIGERATION AND AIR                                                                
10       CONDITIONING ENGINEERS AS ADAPTED FOR APPLICATION IN HIGH                                                         
11       LATITUDE, COLD CLIMATE ENVIRONS;                                                                                  
12                 (15)  PROVIDE PLANNING ASSISTANCE, INCLUDING BUT NOT                                                    
13       LIMITED TO ENERGY AUDITS AND RELATED TECHNICAL SERVICES, TO                                                       
14       SCHOOL DISTRICTS AND REGIONAL EDUCATIONAL ATTENDANCE                                                              
15       AREAS TO DEVELOP AND IMPLEMENT                                                                                    
16                      (A)  STANDARDS FOR THE DESIGN, CONSTRUCTION,                                                       
17            AND OPERATION OF RURAL EDUCATIONAL FACILITIES; AND                                                           
18                      (B)  ENERGY CONSERVATION MEASURES FOR RURAL                                                        
19            EDUCATIONAL FACILITIES;                                                                                      
20                 (16)]  implement the safety and financial responsibility requirements                                   
21       for air carriers under AS 02.40;                                                                                  
22                 (14) [(17)]  inspect weights and measures;                                                      
23                 (15)  at least every four years study alternatives available to finance                             
24       transportation systems in order to provide an adequate level of funding to sustain                            
25       and improve the state's transportation system.                                                                
26    * Sec. 3.  AS 44.42.050(a) is amended to read:                                                                     
27            (a)  The commissioner shall develop [ANNUALLY] a comprehensive,                                              
28       intermodal, long-range transportation plan for the state.  The plan may be developed                          
29       in multiple documents that address logical components, including geographic                                   
30       areas, modes of transportation, transportation corridors, systems, and other                                  
31       distinct subjects relevant to transportation planning.  The components of the plan                            
01       shall be revised as the commissioner determines appropriate.  In developing and                               
02       revising the state plan, the commissioner shall conform to the requirements for the                           
03       eligibility and use of federal and other funds, as applicable.  Upon approval of                              
04       each component of the plan by the commissioner, the commissioner shall                                        
05       transmit notice of the approval of that component to the governor and                                         
06       [CONSIDER MEANS AND COSTS OF IMPROVING EXISTING MODES AND                                                         
07       FACILITIES, STATE AND FEDERAL SUBSIDIES, AND THE COSTS AND                                                        
08       BENEFITS OF NEW TRANSPORTATION MODES AND FACILITIES. THE                                                          
09       COMMISSIONER SHALL ALSO CONSIDER THE RECOMMENDATION OF                                                            
10       THE ALASKA TRANSPORTATION PLANNING COUNCIL.  THE PLAN SHALL                                                       
11       BE SUBMITTED TO THE GOVERNOR FOR REVIEW AND APPROVAL AND                                                          
12       SUBMITTED BY THE GOVERNOR] to the legislature.                                                                    
13    * Sec. 4.  AS 44.42.050(d) is amended to read:                                                                     
14            (d)  The commissioner shall develop a list [PLAN MUST INCLUDE A                                          
15       DESCRIPTION] of projects scheduled [PLANNED] for design, [AND] construction,                          
16       or other necessary activities for a period of not less than [THE FOLLOWING] two                           
17       years that is consistent with the plan developed under (a) of this section.  The list                     
18       of projects [DESCRIPTION] is in addition to the long-range plan required by (a) of                            
19       this section [AND BY AS 19.10.140].  The list of projects [DESCRIPTION] must                                  
20       include an estimate of federal, state, and other funds anticipated to be received to                          
21       fund the projects and a description, location, and itemization of the estimated cost                          
22       for each project and the total cost of all projects.  [THE COMMISSIONER SHALL                                     
23       PROPOSE AND FORWARD TO THE GOVERNOR FOR REVIEW AND                                                                
24       APPROVAL AND INCLUSION, AS APPROVED, IN THE CAPITAL BUDGET A                                                      
25       CONSTRUCTION PROGRAM THAT INCLUDES THE PROJECTS TO BE                                                             
26       UNDERTAKEN DURING THE FOLLOWING TWO YEARS INCLUDING                                                               
27       RECOMMENDED PROJECT PRIORITIES. FUNDS FOR TRANSPORTATION                                                          
28       CONSTRUCTION PROJECTS AND NECESSARY CONTINGENCIES SHALL BE                                                        
29       ITEMIZED AS ALLOCATIONS WITHIN THE BILL FOR THE GENERAL                                                           
30       APPROPRIATIONS ACT.]                                                                                              
31    * Sec. 5.  AS 44.42.050 is amended by adding a new subsection to read:                                             
01            (e)  In evaluating new highways, airports, terminals, ferries, and other major                               
02       components for inclusion in the plan, the commissioner shall prepare a cost-                                      
03       effectiveness analysis using a consistent methodology.  A cost-effectiveness analysis                             
04       is not required for a project that involves the rehabilitation and maintenance of an                              
05       existing transportation system or that primarily serves local transportation needs.                               
06    * Sec. 6.  AS 46.11.900(8) is amended to read:                                                                     
07                 (8)  "thermal and lighting energy standards" means the thermal and                                      
08       lighting energy standards                                                                                         
09                      (A)  established by the American Society of Heating,                                               
10            Refrigeration, and Air Conditioning Engineers as revised                                                     
11                           [(i)    BY    THE   COMMISSIONER    OF                                                        
12                 TRANSPORTATION AND PUBLIC FACILITIES UNDER                                                              
13                 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR                                                               
14                           (ii)]  by the Alaska Housing Finance Corporation for                                          
15                 buildings and structures that are not public facilities; or                                             
16                      (B)  developed in regulations adopted                                                              
17                           [(i)    BY    THE   COMMISSIONER    OF                                                        
18                 TRANSPORTATION AND PUBLIC FACILITIES UNDER                                                              
19                 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR                                                               
20                           (ii)]  by the Alaska Housing Finance Corporation for                                          
21                 buildings and structures that are not public facilities.                                                
22    * Sec. 7.  AS 19.10.140 and AS 46.11.010 are repealed.                                                             
23    * Sec. 8.  Section 5 of this Act takes effect July 1, 2006.