03/16/2004 09:53 AM House STA

HB 327-POWERS/DUTIES DOTPF                                                                                                    
                                                                                                                                
[Due to technical difficulty, there  are approximately 20 seconds                                                               
of  blank  tape.    The   following  is  reconstructed  from  the                                                               
committee secretary's log notes.]                                                                                               
                                                                                                                                
Number 0001                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE BILL NO. 327, "An Act  relating to the powers and duties of                                                               
the  Department  of  Transportation and  Public  Facilities;  and                                                               
repealing  a  requirement  that  public  facilities  comply  with                                                               
energy standards adopted by the  Department of Transportation and                                                               
Public Facilities."                                                                                                             
                                                                                                                                
[Tape recording begins here.]                                                                                                   
                                                                                                                                
Number 0020                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM,  as sponsor  of  HB  327, offered  a  brief                                                               
introduction to the bill.                                                                                                       
                                                                                                                                
Number 0035                                                                                                                     
                                                                                                                                
TODD  LARKIN,   Staff  to   Representative  Holm,   Alaska  State                                                               
Legislature, testified on behalf  of Representative Holm, sponsor                                                               
of  HB  327.   He  noted  that HB  327  would  change and  repair                                                               
portions of statute that have  needed attention for quite awhile.                                                               
He said,  "Though it is the  duty and power of  the legislator to                                                               
overturn court  decisions from  time to  time, I  want to  take a                                                               
moment on the record to  acknowledge the [Alaska] Superior Court.                                                               
It  is the  judges' thoughtful  review  which has  allowed us  to                                                               
identify the correct problems in statute."                                                                                      
                                                                                                                                
Number 0084                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH requested that Mr.  Larkin distribute the court's                                                               
decision before the next hearing on the bill.                                                                                   
                                                                                                                                
MR. LARKIN said  he would.  He noted  that [Representative Holm's                                                               
office]  had just  received that  information this  morning.   He                                                               
addressed the basic history of the bill, as follows:                                                                            
                                                                                                                                
     In the late seventies, an  executive order that was not                                                                    
     acted on  by the  legislature found  its way  into law.                                                                    
     It  created  some  project  study  requirements  and  a                                                                    
     transportation council.   Both were impractical because                                                                    
     of the  great attention needed to  keep compliance with                                                                    
     federal funding  requirements.   And also,  the council                                                                    
     itself -  which was  created - has  not had  members to                                                                    
     consult for about 24 years.                                                                                                
                                                                                                                                
MR.  LARKIN,  in  response to  questions  from  Chair  Weyhrauch,                                                               
clarified that  the executive order,  written in [1977],  had not                                                               
been acted upon by the legislature.                                                                                             
                                                                                                                                
Number 0179                                                                                                                     
                                                                                                                                
MR. LARKIN continued as follows:                                                                                                
                                                                                                                                
     Because   of   that,    currently   in   statute,   the                                                                    
     commissioner  is required  to consider  recommendations                                                                    
     of  that same  council.   We're offering  this bill  to                                                                    
     repair  these problems,  which  have  already begun  to                                                                    
     hold up at least two projects  and are bound to hold up                                                                    
     more.  Time  is a concern; if we  accomplish this soon,                                                                    
     one  of the  projects can  catch this  building season,                                                                    
     possibly.                                                                                                                  
                                                                                                                                
MR. LARKIN urged the committee to support HB 327.                                                                               
                                                                                                                                
Number 0217                                                                                                                     
                                                                                                                                
JEFF   OTTESEN,  Director,   Division  of   Program  Development,                                                               
Department of  Transportation & Public Facilities  (DOT&PF), told                                                               
the  committee  that he,  Representative  Holm's  staff, and  the                                                               
Department  of Law  have been  involved  in the  drafting of  [HB
].   He indicated that [the  bill] hinges upon a  lawsuit that                                                               
is currently "wending  its way through superior court."   He said                                                               
there  has been  a preliminary  injunction  filed.   He said  the                                                               
statute  is  identified  as  that with  which  "we"  can't  fully                                                               
comply.   He said,  "It's the requirement  that we  consider cost                                                               
and benefits of all projects that  run through the process."  Mr.                                                               
Ottesen  remarked   that  [DOT&PF]  doesn't  consider   cost  and                                                               
benefits of  the Marine Highway  system.  He explained  that that                                                               
system is essentially  a "public good" that  operates at subsidy.                                                               
He noted  that many  other aspects  of the  transportation system                                                               
are "in the same boat."                                                                                                         
                                                                                                                                
Number 0285                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  indicated that [the  legislature] needs  to know                                                               
whether  litigants' cases  may be  harmed by  legislative action.                                                               
He suggested  anticipating "those  kind of  questions."   He also                                                               
suggested that  the attorney general involved  could be available                                                               
[for the next hearing of the bill].                                                                                             
                                                                                                                                
Number 0329                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  noted that the bill  [proposes] a one-year                                                               
revision, which  he said he would  oppose.  He said  [changing to                                                               
one year] would mean going to  an annual review for the Statewide                                                               
Transportation  Improvement Program  (STIP) list.   He  explained                                                               
that the  effort has just been  made to change it  to a bi-annual                                                               
[review] so  that the list  doesn't have  to be made  every year.                                                               
He pointed  to page  5, line  18, [which is  where the  change in                                                               
language would occur].                                                                                                          
                                                                                                                                
Number 0439                                                                                                                     
                                                                                                                                
MR.  OTTESEN, in  response to  a question  from Chair  Weyhrauch,                                                               
confirmed that  the aforementioned court case  involves the State                                                               
of  Alaska and  Trout Unlimited.    He added,  "The decision,  to                                                               
date, has  been a  partial summary judgment  decision and  also a                                                               
decision on a preliminary injunction."                                                                                          
                                                                                                                                
[HB 327 was heard and held.]