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SB 263: "An Act relating to the Roads and Highways Advisory Board; relating to metropolitan planning organizations; relating to the statewide transportation improvement program; and providing for an effective date."

00 SENATE BILL NO. 263 01 "An Act relating to the Roads and Highways Advisory Board; relating to metropolitan 02 planning organizations; relating to the statewide transportation improvement program; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 19.20.220 is amended to read: 06 Sec. 19.20.220. Approval of local transportation improvement plan. The 07 governor may approve a transportation improvement plan or an amendment to a 08 transportation improvement plan prepared by a metropolitan planning organization if 09 the plan is consistent with applicable federal law and regulation [AND THE POLICY 10 BOARD OF THE METROPOLITAN PLANNING ORGANIZATION IS 11 ORGANIZED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF 12 AS 19.20.210]. 13 * Sec. 2. AS 44.42 is amended by adding a new section to read: 14 Sec. 44.42.053. Statewide transportation improvement program. (a) The

01 department shall develop a four-year statewide transportation improvement program 02 for transportation system preservation, improvement, and development and shall 03 revise the program every two years. 04 (b) The statewide transportation improvement program must include a 05 description of how the program contributes to the goals and objectives listed in the 06 long-range transportation plan developed under AS 44.42.050. 07 (c) The department shall conform the statewide transportation improvement 08 program to the requirements for participation in a federal transportation program and 09 for participation in other available transportation funding programs. 10 (d) The department shall incorporate without change in the statewide 11 transportation improvement program a transportation improvement plan prepared by a 12 metropolitan planning organization and approved by the governor under 13 AS 19.20.220. 14 (e) The department shall provide an ongoing opportunity for public 15 participation in the development of the statewide transportation improvement program 16 by means of an Internet website. The department shall notify the senate secretary, the 17 chief clerk of the house of representatives, and the public when the department 18 submits the statewide transportation improvement program, or a change to the 19 statewide transportation improvement program, to the federal government. The notice 20 must include the program or change that was submitted to the federal government. The 21 department may use the Alaska Online Public Notice System under AS 44.62.175 or 22 another public Internet website to provide notice to the public. 23 * Sec. 3. AS 44.42 is amended by adding new sections to read: 24 Article 4A. Roads and Highways Advisory Board. 25 Sec. 44.42.450. Roads and Highways Advisory Board. The Roads and 26 Highways Advisory Board is established in the department. 27 Sec. 44.42.460. Membership. (a) The board consists of the following 28 members appointed by the governor: 29 (1) one member from the commercial trucking industry; 30 (2) one member from a highway-related travel or tourism industry; 31 (3) one member from the heavy construction industry;

01 (4) one member from each metropolitan planning organization in the 02 state; 03 (5) one member who represents an advocacy group for nonmotorized 04 or limited mobility transportation; 05 (6) one member who represents the department; 06 (7) one public member from the first or second judicial district; 07 (8) one public member from the third judicial district; and 08 (9) one public member from the fourth judicial district. 09 (b) The board shall elect a chair from among its members. 10 (c) The department shall provide staff for the board. 11 (d) Members of the board serve without compensation, but are entitled to per 12 diem and travel expenses authorized for boards and commissions under AS 39.20.180. 13 Sec. 44.42.470. Terms. Members of the board serve staggered terms of three 14 years. A member of the board may not serve more than two consecutive terms. 15 Sec. 44.42.480. Meetings. A majority of the members of the board constitutes 16 a quorum. The board shall meet at least quarterly and by a call of the chair. Meetings 17 may be held in person or by electronic means. In addition to the subjects that may be 18 considered in an executive session under AS 44.62.310(c), the board may consider in 19 an executive session matters that relate to transportation plans and projects that are not 20 yet public but will be subject to public comment at a later time. 21 Sec. 44.42.490. Purpose and duties of the board. (a) The purpose of the 22 board is to provide recommendations to the commissioner on public policy related to 23 the powers and duties of the department with respect to state road and highway 24 functions. 25 (b) The board shall focus on highway construction, equipment use, deferred 26 maintenance, capital spending, project assessment, project prioritization criteria, 27 including a future projects list, and identifying other critical needs of the state's road 28 and highway transportation infrastructure. 29 (c) At least once every two years, the board shall assess the continued viability 30 of a road and highway project that has been in the preconstruction phase for at least 31 three years. For each project, the board may issue a recommendation to the department

01 regarding whether it is in the best interest of the state that the project proceed as 02 planned, undergo reevaluation, or be closed through federal approval. The board shall 03 submit the recommendation to the department, the senate secretary, and the chief clerk 04 of the house of representatives and notify the legislature that the recommendation is 05 available. 06 (d) The board shall advise the department as the department develops and 07 revises project selection and prioritization criteria and make recommendations to the 08 department, by resolution of the board, regarding proposed changes in criteria. 09 (e) In this section, "road and highway" does not include the Alaska marine 10 highway system or a road or highway within the boundaries of a rural or international 11 airport. 12 * Sec. 4. AS 19.20.210 is repealed. 13 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPOINTMENT OF INITIAL MEMBERS OF THE ROADS AND HIGHWAYS 16 ADVISORY BOARD. Notwithstanding AS 44.42.470, added by sec. 3 of this Act, the 17 governor shall appoint the initial members of the Roads and Highways Advisory Board 18 established in AS 44.42.450, added by sec. 3 of this Act, to staggered terms as follows: 19 (1) five members shall be appointed to serve terms that expire two years after 20 the effective date of this Act; and 21 (2) the remaining members shall be appointed to serve terms that expire three 22 years after the effective date of this Act. 23 * Sec. 6. This Act takes effect January 1, 2025.