Legislature(2001 - 2002)

04/10/2002 09:44 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
      CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 226(TRA)                                                                    
     "An Act requiring  certain highway projects to  be designed and                                                            
     constructed   so  that  the  highways  will  adequately   serve                                                            
     anticipated traffic  levels for at least the next 30 years; and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Donley, sponsor,  testified that  the bill relates  to the                                                            
"design life"  of a planned road in urban areas, defined  by traffic                                                            
engineers as  the length of time the  schematics of the road  should                                                            
last. He explained  this does not apply to the asphalt  construction                                                            
but rather,  for  example, how  long a  left turn  lane is  operable                                                            
before increased traffic  blocks the regular lanes. He expressed his                                                            
observations  of roads in  Anchorage and  in other communities  that                                                            
are no longer adequate  for the amount of traffic traveling on them.                                                            
                                                                                                                                
Co-Chair Donley indicated  that federal law requires the geometry of                                                            
a  major  road  project  built  utilizing   federal  funds  must  be                                                            
sufficient  for "at least  20 years". He  also learned that  federal                                                            
law  requires a  50-year  design life  for  bridges.  He added  that                                                            
federal  requirements  for overall  planning in  metropolitan  areas                                                            
request a design life of up to 23 years.                                                                                        
                                                                                                                                
Co-Chair  Donley, in  describing  the current  situation,  suggested                                                            
traffic  counts   could  be  incorrect  and  that   the  method  for                                                            
determining  the counts  should  be reassessed.  He  shared that  he                                                            
questioned  the Department of Transportation  and Public  Facilities                                                            
on this matter and was  first told that a designed road might not be                                                            
built for up to eight years  and thus the actual design life is only                                                            
12 years,  despite initially  being  designed to  last 20 years.  He                                                            
pointed out however,  that once he introduced this  legislation, the                                                            
Department  informed him  this was  not the case.  He surmised  that                                                            
once construction  begins, such issues  as right-of-way or  problems                                                            
with  contractors  cause  the  projects  to be  delayed  beyond  the                                                            
completion date  estimated in the design life. He  stated the intent                                                            
of this legislation  is to avoid repeated  reconstruction  caused by                                                            
outdated designs. He spoke  of the consequences of three-year delays                                                            
on smaller projects costing  less than $1 million with a design life                                                            
of only ten years.                                                                                                              
                                                                                                                                
Co-Chair  Donley  referenced  a  letter  from  the  Federal  Highway                                                            
Administration [copy on  file] indicating the agency does not oppose                                                            
this  legislation  and  that it  would  have  no impact  on  federal                                                            
funding.                                                                                                                        
                                                                                                                                
Co-Chair Donley shared  that he originally considered legislation to                                                            
require the  design life of road projects  to be 30 years,  which he                                                            
pointed out  is the maximum  allowed in federal  law.  He  indicated                                                            
the   committee   substitute   proposes    different   design   life                                                            
requirements  dependant upon  the cost of  the project. He  detailed                                                            
that a ten-year  design life would  be required for projects  with a                                                            
cost  of less  than  $1 million,  a  20-year  design life  would  be                                                            
required for project costing  between $1 million and $5 million, and                                                            
a 25-year design life would  be required for projects with a cost of                                                            
over $5 million.                                                                                                                
                                                                                                                                
Co-Chair Donley  suggested extending the design life  requirement to                                                            
20  years  for  the  projects  costing  less  than  $1  million.  He                                                            
justified this  due to constant road  construction occurring  during                                                            
the  short construction  season  in  Anchorage for  smaller  upgrade                                                            
projects.  He  remarked that fewer road projects would  be possible,                                                            
but that the public  would benefit because there would  be less need                                                            
for  upgrades  and  roads would  be  fully  operational  for  longer                                                            
periods of time.                                                                                                                
                                                                                                                                
Senator Ward commented  that before this legislation was introduced,                                                            
he was  unsure why  roads did not  last longer,  because he  assumed                                                            
such a process  already was in place. He opined that  roads in other                                                            
states operate longer.                                                                                                          
                                                                                                                                
Senator  Ward  assumed  there  would be  some  "strain"  on  smaller                                                            
projects and suggested further discussion on the matter.                                                                        
                                                                                                                                
Co-Chair   Donley  clarified   this  bill   only  applies   to  road                                                            
construction projects  located in federally recognized  metropolitan                                                            
planning  areas, which  are larger  communities.  He furthered  this                                                            
legislation would not apply  to locally funded projects, which would                                                            
allow communities  the option to undertake smaller  projects without                                                            
these  requirements.  He informed  the Anchorage  Metropolitan  Area                                                            
Transportation  Study (AMATS) does not generally undertake  projects                                                            
of less than $1 million.                                                                                                        
                                                                                                                                
Senator Austerman  commented that  the "economy of scale"  must also                                                            
be considered. He explained  that when spending less than $1 million                                                            
on a project, an extensive design time might not be prudent.                                                                    
                                                                                                                                
Co-Chair  Donley   replied  that   Federal  Highway  Administration                                                             
authorities  "seem  to pretty  confident about  their  20 year  plan                                                            
process."  He admitted that  25-year design  time projects  have not                                                            
been implemented  to date and that it does become  more difficult to                                                            
accurately  predict traffic patterns  and traffic load. However,  he                                                            
pointed out that federally  funded bridge construction projects must                                                            
have a 50-year design life.  He noted that right of way acquisition,                                                            
particularly in urban areas,  "have become a real major inhibitor to                                                            
getting these projects done."                                                                                                   
                                                                                                                                
Senator Olson  predicted that longer design life stipulations  would                                                            
require  increased consulting  efforts  and would  incur  additional                                                            
expenses. He also noted  that with the construction of a natural gas                                                            
pipeline,  the population  of the State and  the subsequent  traffic                                                            
loads would increase. He  asked the anticipated increased design and                                                            
planning costs this legislation would impose.                                                                                   
                                                                                                                                
Co-Chair  Donley  was unsure  that design  expenses  would  increase                                                            
because the same  design life process would occur.  He admitted that                                                            
project costs  would increase because the roads must  be designed to                                                            
last longer.  He reiterated that fewer  projects would be  possible,                                                            
but that  the finished  roads would  last longer.  He addressed  the                                                            
impact of  the natural gas  pipeline, stating  that it is  uncertain                                                            
whether it  would generate a significant  influx of people  into the                                                            
State.  He  hoped the  pipeline  construction  would  be  undertaken                                                            
utilizing  local labor  and corporations  and  benefit the  existing                                                            
economy.                                                                                                                        
                                                                                                                                
Senator Hoffman  asked if this legislation  would apply to  the City                                                            
and Borough of Juneau.                                                                                                          
                                                                                                                                
DENNIS POSHARD,  Legislative Liaison/Special  Assistant,  Department                                                            
of Transportation and Public  Facilities, answered that Anchorage is                                                            
the  only   community  in   Alaska  with   a  federally   recognized                                                            
metropolitan  planning area.  He qualified  that although  Fairbanks                                                            
and the Mat-Su  areas are close to receiving a designation,  neither                                                            
community has 50,000 residents  "within an urbanized area", which is                                                            
one criterion.                                                                                                                  
                                                                                                                                
FRANK   DILLON,   Executive   Vice   President,    Alaska   Trucking                                                            
Association,  testified via teleconference  from Anchorage  to thank                                                            
Co-Chair Donley  for his efforts on this bill. He  stressed the need                                                            
to address  road infrastructure. He  intended the road design  to be                                                            
feasible as long as possible.                                                                                                   
                                                                                                                                
Co-Chair  Donley proposed  an amendment  to the  proposed  committee                                                            
substitute   to  stipulate   that   all  major   upgrades  and   new                                                            
construction  projects with a cost  of under $5 million must  have a                                                            
design life of 20 years.                                                                                                        
                                                                                                                                
Senator  Leman  objected  to the  proposed  amendment  because  many                                                            
seemingly  small  projects  have  a significant   cost. He  gave  as                                                            
example of  the installation of a  stoplight on a secondary  road in                                                            
Anchorage at a  cost of one-half million dollars.  Therefore, he was                                                            
unsure "we want to tie  the hands of planning" for projects in areas                                                            
where a 20-year design life is unnecessarily.                                                                                   
                                                                                                                                
Co-Chair Donley  stated it is "a close  call" and he would  defer to                                                            
Senator Leman.                                                                                                                  
                                                                                                                                
Co-Chair Donley  moved for adoption of CS SS SB 226,  22-LS0993/B as                                                            
a working draft.                                                                                                                
                                                                                                                                
Without objection the committee  substitute was ADOPTED as a working                                                            
draft.                                                                                                                          
                                                                                                                                
Co-Chair  Donley   moved  "the  committee  substitute   for  sponsor                                                            
substitute  for Senate Bill 226, the  Utermohle 4/9/02 version  from                                                            
Committee with  forthcoming zero fiscal  notes I believe  … with the                                                            
fiscal notes that are advanced."                                                                                                
                                                                                                                                
There was  no objection and  CS SB 226 (FIN)  with forthcoming  zero                                                            
fiscal  note  from  the  Department  of  Transportation  and  Public                                                            
Facilities 4/17/02, MOVED from Committee.                                                                                       
                                                                                                                                
AT EASE 10:08 AM / 10:15 AM                                                                                                     
                                                                                                                                

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