HB 350: "An Act relating to the registration and marking of towers; relating to the duties of the Department of Transportation and Public Facilities; relating to the duties of the University of Alaska Fairbanks; and providing for an effective date."
00 HOUSE BILL NO. 350 01 "An Act relating to the registration and marking of towers; relating to the duties of the 02 Department of Transportation and Public Facilities; relating to the duties of the 03 University of Alaska Fairbanks; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 02.10 is amended by adding new sections to read: 06 Sec. 02.10.100. Registration and marking of tower structures. (a) A 07 communications, wind, or other tower greater than 100 feet in height above ground 08 level shall 09 (1) have at least one seven-foot safety sleeve, attached in a manner that 10 does not interfere with a spherical marker ball, 11 (A) on each anchor point above the adjacent vegetative canopy; 12 and 13 (B) on each outer guy wire; 14 (2) have at least four high visibility spherical marker balls of aviation
01 orange color attached to each outer guy wire at least 15 feet from the top wire 02 connection to the tower; and 03 (3) have at least four high visibility spherical marker balls of aviation 04 orange color attached to each outer guy wire at or below the middle point of the tower. 05 (b) The owner of a tower greater than 50 feet in height above ground level 06 shall, not later than 20 days before installation of a tower, register the tower with the 07 department. Registration under this section shall include 08 (1) the location of the tower, including the location by coordinates and 09 the nearest community or municipality; 10 (2) the height above ground and the total height of the tower; 11 (3) the type of tower; 12 (4) the owner of the tower; and 13 (5) the method used to make the tower visible under (a) of this section. 14 (c) The owner of a tower subject to registration under (b) of this section shall 15 notify the department within 30 days after the removal or significant alteration of the 16 tower. 17 (d) Within 15 days after receiving the information required under (b) or (c) of 18 this section, the department shall 19 (1) transmit the information to the University of Alaska Fairbanks; and 20 (2) make the information required under (b) of this section available on 21 the department's Internet website. 22 (e) Within 15 days after receiving information under (d) of this section, the 23 University of Alaska Fairbanks shall, on an Internet website hosting a geographic 24 information network, display the information received under (d) of this section in an 25 interactive map. 26 (f) An action may not be brought against the University of Alaska Fairbanks 27 for damages resulting from information or a lack of information provided on the 28 Internet website specified in (e) of this section. 29 (g) On or after the effective date of this Act, a tower greater than 50 feet in 30 height may not be constructed within one mile of an airport intended for public use or 31 directly through or under an air approach of an airport intended for public use. The
01 prohibition in this section may be waived if the commissioner finds it is not 02 practicable to construct a tower more than one mile from an airport intended for public 03 use. 04 (h) The owner of a tower shall comply with applicable federal laws, standards, 05 and published recommendations related to lighting, marking, painting, and visibility of 06 a tower. 07 (i) A person who violates this section is guilty of a violation and shall be 08 punished as provided in AS 12.55. 09 Sec. 02.10.190. Definitions. In this chapter, 10 (1) "airport" means an area of land or water that is used or intended for 11 use for the landing and take-off of aircraft, and any appurtenant areas that are used or 12 intended for use for airport buildings or other airport facilities or rights-of-way, 13 together with airport buildings and facilities located in the area; 14 (2) "commissioner" means the commissioner of transportation and 15 public facilities; 16 (3) "department" means the Department of Transportation and Public 17 Facilities; 18 (4) "tower" includes accessory facilities and guy wires attached to the 19 tower. 20 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITIONAL PROVISIONS. The owner of a tower existing on the effective date 23 of this Act shall register the tower in accordance with AS 02.10.100(b), enacted by sec. 1 of 24 this Act, within 45 days after the effective date of this Act. A person in violation of this 25 section is guilty of a violation and shall be punished as provided in AS 12.55. 26 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).