Legislature(2011 - 2012)SENATE FINANCE 532

04/10/2012 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 131 COMMUNITY AND TRANSPORTATION ADV. BOARD TELECONFERENCED
Heard & Held
+ HB 246 NAMING CERTAIN BRIDGES TELECONFERENCED
Heard & Held
+ HB 258 NATURALLY OCCURRING ASBESTOS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR HOUSE BILL NO. 258(FIN)                                                                                                
                                                                                                                                
     "An Act directing the  Department of Transportation and                                                                    
     Public  Facilities to  develop and  implement standards                                                                    
     and  operating  procedures, to  evaluate  site-specific                                                                    
     use plans,  and to  designate project  areas concerning                                                                    
     gravel   or   other   aggregate   material   containing                                                                    
     naturally  occurring asbestos;  authorizing  use on  an                                                                    
     interim  basis of  gravel or  other aggregate  material                                                                    
     containing  naturally  occurring asbestos  for  certain                                                                    
     transportation   projects    and   public   facilities;                                                                    
     providing immunity  for the  state and  for landowners,                                                                    
     extractors,  suppliers,  transporters, and  contractors                                                                    
     for  certain actions  or claims  arising in  connection                                                                    
     with   the  use   of  gravel   or  aggregate   material                                                                    
     containing  naturally  occurring  asbestos  in  certain                                                                    
     areas;   requiring   contractors  to   report   certain                                                                    
     asbestos-   related   data   to   the   Department   of                                                                    
     Transportation  and  Public Facilities;  and  providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
9:25:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REGGIE JOULE, introduced HB 258. He referred                                                                     
to the Sponsor Statement (copy on file).                                                                                        
                                                                                                                                
     HB 258  authorizes and regulates  the use of  gravel or                                                                    
     aggregate  material that  contains naturally  occurring                                                                    
     asbestos  (NOA).  There  are documented  cases  of  NOA                                                                    
     being found  in several  areas of the  state, including                                                                    
     Juneau, along the Dalton  Highway and Ambler. Discovery                                                                    
     of  NOA  in  local  gravel pits  has  delayed  and,  in                                                                    
     Ambler's  case, halted  construction projects.  The use                                                                    
     of  NOA in  construction projects  may be  regulated by                                                                    
     states.  Virginia and  California have  been regulating                                                                    
     NOA for  many years.  With the passage  of HB  258, the                                                                    
     discovery of NOA  in local gravel sources  and the cost                                                                    
     of transporting  non-NOA gravel  and material  will not                                                                    
     impact  the  success  and  completion  of  construction                                                                    
     projects and  important future state  infrastructure in                                                                    
     Rural Alaska.                                                                                                              
                                                                                                                                
     Several large projects are on  the state's horizon that                                                                    
     will require the use of  large amounts of gravel. These                                                                    
     large projects are  in mineral rich areas  of the state                                                                    
     critical  to the  future  development  of Alaska.  Most                                                                    
     notably, it  is estimated  that the gas  pipeline alone                                                                    
     may use  50 to  60 million cubic  yards of  new gravel.                                                                    
     Many miles of the  Dalton Highway will be reconstructed                                                                    
     in  support   of  the  project,   requiring  additional                                                                    
     gravel.   In   Rural   Alaska,   almost   all   airport                                                                    
     construction and  upgrades require material  from local                                                                    
     gravel  sources; a  new  small airport  can  use up  to                                                                    
     25,000 cubic  yards of  gravel. The  use of  NOA gravel                                                                    
     and materials  should be resolved before  it becomes an                                                                    
     issue during the actual construction  process of any of                                                                    
     these large future projects.                                                                                               
                                                                                                                                
     HB  258 directs  the Department  of Transportation  and                                                                    
     Public  Facilities to  develop and  implement statewide                                                                    
     regulations and standard  operating procedures (SOP) to                                                                    
     allow for  the use  of NOA for  both State  and private                                                                    
     construction projects.  HB 258  will balance  the needs                                                                    
     of   moving    Alaska   forward;    building   critical                                                                    
     infrastructure, completing construction projects while                                                                     
     protecting the health of Alaskan workers and                                                                               
     communities.                                                                                                               
                                                                                                                                
Senator Olson  wondered if there  would be  similar immunity                                                                    
clauses to California's legislation.                                                                                            
                                                                                                                                
BRODIE   ANDERSON,  STAFF,   REPRESENTATIVE  REGGIE   JOULE,                                                                    
replied  that the  program was  voluntary,  so the  immunity                                                                    
went further than California's program.                                                                                         
                                                                                                                                
ELIZABETH  HENSLEY, NANANA  REGIONAL CORPORATION,  ANCHORAGE                                                                    
(via teleconference), testified in support of HB 258.                                                                           
                                                                                                                                
9:32:25 AM                                                                                                                    
                                                                                                                                
MORGAN  JOHNSON,   MAYOR,  CITY   OF  AMBLER,   AMBLER  (via                                                                    
teleconference),  testified   in  support  of  HB   258.  He                                                                    
remarked that  the dust problem had  inhibited many projects                                                                    
since 1998.                                                                                                                     
                                                                                                                                
Co-Chair Hoffman  noted the three previously  published zero                                                                    
fiscal notes  and three  previously published  fiscal impact                                                                    
notes.                                                                                                                          
                                                                                                                                
Representative Joule  thanked the committee for  hearing the                                                                    
bill.  He remarked  that there  were  many communities  that                                                                    
deal  with  dust  particles,  because   the  cost  of  dust-                                                                    
abatement in rural  Alaska was very expensive.  He felt that                                                                    
the dust  without the naturally occurring  asbestos was more                                                                    
of  a  hazard  to  an individual's  health,  than  what  was                                                                    
intended with HB 258.                                                                                                           
                                                                                                                                
HB  258  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
Governors Coordinated Transportation Task Force Executive Summary Long Term Recomendation.pdf SFIN 4/10/2012 9:00:00 AM
HB 131
HB131.Sponsor Statement.2.14.11.pdf SFIN 4/10/2012 9:00:00 AM
HB 131
HB131 Sectional Analysis.2.2.11.pdf SFIN 4/10/2012 9:00:00 AM
HB 131
HB131 Support Letters.pdf SFIN 4/10/2012 9:00:00 AM
HB 131
HB 246 Supporting Docs Cordova Resolution.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB 246 Supporting Docs Leonard Olson.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB 246 Supporting Docs Short Bios.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB 246 Supporting Docs Veterans Memorial.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB246 Amendment 1- Thomas.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB246 Sponsor Statement.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB 258 - AG Opinion Immunity.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 - Ambler Priority List NOA Delayed - Backup material.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 - ATSDR Ambler Health Study - Back-up material.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 - DHSS 2005 Ambler Exposure Report - Backup material.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 - Sponsor Statement.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 Immunity Workers Comp Memo.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 INE study - Backup material.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 LAW 040612 Explaination of Immunity.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 -Legislative Findings.docx SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 NOA Delineation Zone Logic Chart.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 NWALT Support Letter.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 Sectional (H)FIN vG.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB258 Changes versionT VersionG.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 246 SCS for CSHB 246(FIN) version D.pdf SFIN 4/10/2012 9:00:00 AM
HB 246