HB 372: "An Act relating to highway design flexibility and to the assumption by municipalities of certain duties related to highways."
00 HOUSE BILL NO. 372 01 "An Act relating to highway design flexibility and to the assumption by municipalities of 02 certain duties related to highways." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 19.10.160(a) is amended to read: 05 (a) The department shall prepare and adopt uniform standard plans and 06 specifications for the establishment, construction, and maintenance of highways in the 07 state. The department may amend the plans and specifications as it considers 08 advisable. The standards 09 (1) must conform as closely as practicable to those adopted by the 10 American Association of State Highway and Transportation Officials; and 11 (2) may include flexible highway design guidelines that are 12 consistent with standards used by the Federal Highway Administration; in 13 adopting standards under this paragraph, the department may consider the 14 following factors:
01 (A) safety, durability, and economy of maintenance; 02 (B) the constructed and natural environment of the area; 03 (C) community development plans and relevant municipal 04 ordinances; 05 (D) sites listed on the National Register of Historic Places or 06 identified by the Alaska Historical Commission established under 07 AS 41.35.310; 08 (E) the environmental, scenic, aesthetic, historic, 09 community, and preservation effects of the activity; 10 (F) access for other modes of transportation, including 11 bicycle and pedestrian transportation; 12 (G) access to and integration of sites considered culturally 13 and historically significant to the communities affected; 14 (H) acceptable engineering practices and standards; and 15 (I) safety studies and other pertinent research. 16 * Sec. 2. AS 19.10.160 is amended by adding new subsections to read: 17 (c) A municipality may assume from the department the duties described in (a) 18 of this section if that assumption is supported by an appropriation by law for that 19 purpose. A municipality that assumes the duties of the department under this 20 subsection shall conform the plans and requirements adopted by the municipality to 21 the uniform standard plans and specifications prescribed by (a) of this section. 22 (d) In establishing guidelines described in (a)(2) of this section, the 23 commissioner or the municipality that assumes the duties of the department under this 24 section, as appropriate, shall solicit and consider the views of organizations and 25 elected officials, including 26 (1) persons with expertise in 27 (A) environmental protection; 28 (B) historic preservation; 29 (C) scenic conservation; 30 (D) bicycle and pedestrian transportation; and 31 (E) urban design architecture or landscape architecture;
01 (2) community planning organizations; 02 (3) the subunit of the Department of Natural Resources that concerns 03 itself with state historic preservation; and 04 (4) the Federal Highway Administration. 05 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION. To determine whether flexible highway design guidelines should be 08 adopted under AS 19.10.160(a)(2), added by sec. 1 of this Act, before June 30, 2009, the 09 commissioner of transportation and public facilities shall identify and evaluate flexible 10 highway design guidelines to address the considerations set out in that paragraph and (d) of 11 that section. The guidelines must also provide for documentation of the facts, circumstances, 12 and considerations involved in the flexible design decision, including an explanation of the 13 process and the reasoning that led to the decision.