02/28/2025 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Managing Mining Projects Using State Highways, Dalton Highway Update | |
| HB33 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 33 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
February 28, 2025
1:04 p.m.
DRAFT
MEMBERS PRESENT
Representative Robyn Niayuq Burke, Co-Chair
Representative Carolyn Hall
Representative Donna Mears
Representative Zack Fields
Representative Dan Saddler
Representative George Rauscher
Representative Julie Coulombe
Representative Bill Elam
MEMBERS ABSENT
Representative Maxine Dibert, Co-Chair
COMMITTEE CALENDAR
PRESENTATION(S): MANAGING MINING PROJECTS USING STATE HIGHWAYS~
DALTON HIGHWAY UPDATE
- HEARD
HOUSE BILL NO. 33
"An Act relating to participation in matters before the Board of
Fisheries and the Board of Game by the members of the respective
boards; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 33
SHORT TITLE: CONFLICT OF INTEREST: BD FISHERIES/GAME
SPONSOR(s): REPRESENTATIVE(s) STUTES
01/22/25 (H) PREFILE RELEASED 1/10/25
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) FSH, RES
02/18/25 (H) FSH AT 10:00 AM GRUENBERG 120
02/18/25 (H) Moved HB 33 Out of Committee
02/18/25 (H) MINUTE(FSH)
02/19/25 (H) FSH RPT 7DP
02/19/25 (H) DP: VANCE, KOPP, EDGMON, HIMSCHOOT,
ELAM, MCCABE, STUTES
02/28/25 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
ANDY MILLS, Legislative Liaison
Special Assistant to the Commissioner
Department of Transportation & Public Facilities
State of Alaska
Juneau, Alaska
POSITION STATEMENT: Co-presented an update regarding the Dalton
Highway and mining projects using state highways.
JASON SAKALASKAS, Chief of Maintenance and Operations
Department of Transportation & Public Facilities Northern Region
State of Alaska
Fairbanks, Alaska
POSITION STATEMENT: Co-presented an update regarding the Dalton
Highway and mining projects using state highways.
DAN SMITH, Director
Measurement Standards and Commercial Vehicle Compliance
Department of Transportation and Public Facilities
State of Alaska
Anchorage, Alaska
POSITION STATEMENT: Co-presented an update regarding the Dalton
Highway and mining projects using state highways.
LESLIE DAUGHERTY, Chief Bridge Engineer
Bridge Design
Division of Statewide Design and Engineering Services
Department of Transportation and Public Facilities
State of Alaska
POSITION STATEMENT: Co-presented an update regarding the Dalton
Highway and mining projects using state highways.
REPRESENTATIVE LOUISE STUTES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 33 and read
the sponsor statement.
JANE PEARSON, Staff
Representative Louise Stutes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Stutes, prime
sponsor, presented background information regarding HB 33.
RICHIE DAVIS, Member
Seafood Producers Cooperative
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 33.
ACTION NARRATIVE
1:04:49 PM
CO-CHAIR BURKE called the House Resources Standing Committee
meeting to order at 1:04 p.m.
Representatives Hall, Mears, Fields, Elam, Saddler, Rauscher,
Coulombe, and Burke were present at the call to order.
^PRESENTATION(S): Managing Mining Projects using State Highways,
Dalton Highway Update
PRESENTATION(S): Managing Mining Projects using State Highways,
Dalton Highway Update
1:05:25 PM
CO-CHAIR BURKE announced the first order of business would be a
presentation from the Alaska Department of Transportation and
Public Facilities (DOT&PF).
1:05:51 PM
ANDY MILLS, Legislative Liaison, Special Assistant to the
Commissioner, Department of Transportation & Public Facilities,
State of Alaska, co-presented a PowerPoint regarding mining
activities and the use of state highways [hard copy included in
the committee packet]. He showed slide 2, titled "Safe Systems
Approach: Tetlin to Ft. Knox," which read as follows [original
punctuation provided]:
• Established Technical Advisory Committee (TAC) to
inform the
research
• Commissioned Corridor Study Kinney Report
• $1M brush cutting in advance of haul to increase
sight distance
• Maintenance Bridge Monitoring Plan
• Winter Maintenance Memorandum of Agreement (MOA)
• Emergency Medical Services (EMS) coordination
? Jaws of life
? PiLits (pronounced "Pie lights")
• 511 upgrades
? Audible bus & plow alerting
? Bridge heights
? Winter Operations dashboard
1:09:28 PM
JASON SAKALASKAS, Chief of Maintenance and Operations,
Department of Transportation & Public Facilities, Northern
Region, State of Alaska, provided additional details regarding
the information presented on slide 2.
1:11:26 PM
MR. MILLS, in response to a question from Representative
Rauscher, explained that the Winter Maintenance Memorandum of
Agreement and Emergency Medical Services (EMS) safety initiative
information was available for committee members.
1:12:08 PM
MR. SAKALASKAS summarized the bridge monitoring plan and the
sanding operations.
1:13:35 PM
MR. SAKALASKAS responded to a question from Representative Burke
by explaining that the maximum allowable weight for ore haulers
was in the range of 160,000 pounds. He stated that he would
provide specific numbers to the committee.
1:15:06 PM
MR. MILLS provided a brief summary regarding the number of axels
versus total weight.
1:16:04 PM
MR. MILLS responded to a question from Representative Saddler
regarding how roads were classified and how that related to
limitations on use of the roads. He explained that the Dalton
Highway haul road was initially for commercial purposes but
later changed to a public road. He specified that most roads in
Alaska are public roads, though some had agreements with
different entities. For example, ore haulers who use the
Klondike Highway to Skagway pay to help maintain the road, and
the Whittier Tunnel is a toll road.
1:17:44 PM
MR. MILLS continued his discussion of slide 2 by describing the
safety features including a small safety lift, jaws of life, and
the "PiLits" emergency lights.
1:20:19 PM
MR. SAKALASKAS observed that the PiLits were offered for EMS
coordination and that they automatically communicated with the
511 warning systems.
1:21:25 PM
MR. MILLS elaborated on the safety systems which included
audible 511 bus alerts, early warning for plows, bridge heights,
and winter operations.
1:24:04 PM
DAN SMITH, Director, Measurement Standards and Commercial
Vehicle Compliance, Department of Transportation and Public
Facilities, State of Alaska, addressed a series of questions
from Representative Coulombe regarding the prevention of bridge
strikes by vehicles. He explained that DOT&PF has changed the
requirements for vehicle permits which included specific
heights, the use of a pilot car, and a route survey.
1:27:10 PM
MR. MILLS, in response to a question from Representative Mears,
acknowledged that people tend to disregard frequent warnings,
which needed to be taken into consideration when putting up
signage and warning systems. He pointed out that the audible
bus warning system was only in Fairbanks at that time.
1:30:23 PM
MR. MILLS moved to slide 3, titled "Annual Average Daily Traffic
(AADT)," and slide 4, titled "Percentage of Truck Traffic by
Highway Segment," which showed the results of several studies
regarding traffic on Alaska Highways.
1:33:02 PM
LESLIE DAUGHERTY, Chief Bridge Engineer, Bridge Design, Division
of Statewide Design and Engineering Services, Department of
Transportation and Public Facilities, continued the presentation
with a discussion of bridge loading. She showed slide 5, titled
"Bridge Axle Loading," which showed illustrations of several
types of trucks, and which read as follows [original punctuation
provided]:
• Bridge Loading is related to axle weights and
spacings, not Gross Vehicle Weight (GVW)
• Bridges are not designed or analyzed for GVW
• Short bridges may not see all of truck load if it is
spread out
• Long span bridges see more of truck weight
1:34:14 PM
MS. DAUGHERTY moved to slide 6, titled "Bridge Loading Example,"
which showed illustrations of weights and balance and stated:
"Bridge Loading is comparable to airplane loading where
distribution of loads is what keeps airplanes stable." She
advanced to slide 7, titled "Load Distribution," which read as
follows [original punctuation provided]:
• Legal loads are route dependent and configuration
dependent
• Historically, permitted loads have exceeded 400,000
lbs. GVW
• Based on axle weight and spacing, by federal law, we
must restrict any loads over "operating limit" -
maximum safe load (23 CFR 650.305)
• Permits are granted based on operating limit because
loads are known and analyzed
1:36:28 PM
MS. DAUGHERTY continued with slide 8, titled "Ore Hauls," which
read as follows [original punctuation provided]:
• DOT&PF does not discriminate between types of
commercial traffic
• FHWA asked us to develop a new method of load rating
and posting for Long Combination Vehicles (LCV), study
expected 2025
• Chena Flood/Richardson Highway MP 346 was load
posted after operating trucks exceeded 80 tons
• Given aging infrastructure, the department is likely
to load post more bridges
• About 65% of Alaska's bridges predate federal
exemption from 80,000 lb. GVW
• Bridge inspections have increased to ensure safety
1:39:13 PM
MR. SAKALASKAS resumed the presentation with slide 9, titled
"Dalton Highway Activity," which read as follows [original
punctuation provided]:
Capital Project Investment Dalton Highway 2025
• Elliott Highway MP 51-63 expected completion summer
2025
• Dalton Highway Yukon River Bridge Redecking
• Dalton Highway MP 245-274 Resurfacing
• Dalton Highway MP 247-289 and 305-362 Delineator
Replacement
• Dalton Highway MP 76-89 Resurfacing within current
proposed FY2026 Gov. Budget (Future)
• Deadhorse Airport Improvements
Highway Use Agreement DOT&PF and AGDC (Alaska
Gasline Development Corporation)
• Ensure readiness for an upcoming pipeline project
while maintaining highway infrastructure, including
Right-of-Way, Pipeline Crossings, Construction Load
Impacts, Material Sites, Driveways, and other related
factors
1:41:25 PM
MR. SAKALASKAS answered a question from Representative Hall
regarding maintenance of the Dalton Highway. He called
attention to the final bullet on slide 9, noting that DOT&PF is
working on a highway use agreement between the Department of
Transportation and the Alaska Gasline Development Corporation
(AGDC) which will outline activities and cooperation between
DOT&PF and AGDC.
1:44:06 PM
MR. SAKALASKAS moved to slide 10, titled "Winter Operations
Staffing," and slide 11, titled "Equipment Mechanic Staffing,"
pointing to the comparisons in staff vacancy rates between 2024
and 2025.
1:45:43 PM
MR. SAKALASKAS responded to a question from Representative
Saddler regarding requirements for equipment operators.
1:48:10 PM
MR. SAKALASKAS, in response to a question from Representative
Coulombe, described the Dalton Highway mechanic staffing
statistics. He explained that some staffing solutions were the
result of resource sharing with other departments. This was
outlined on slide 12, titled "Resource Sharing & Contractor
Support," which read as follows [original punctuation provided]:
Resource Sharing
• Dept. of Natural Resources Support Snow removal
• Regional Equipment Operator Sharing Staffing from
other districts
Contract Support for Maintenance & Operations
• Routine summer maintenance
? Capitalize on capital project resources
? Material hauling contracts
• Routine winter maintenance activities
• Emergency event response
1:51:22 PM
MR. SAKALASKAS answered a question from Representative Fields
regarding whether Katherine Keith continued to serve as
department commissioner as well as interim northern region
director.
1:52:28 PM
MR. SMITH, resumed the presentation with slide 13, titled
"Programs: Measurement Standards and Commercial Vehicle
Compliance (CVC)," which listed the weigh stations and read as
follows [original punctuation provided]:
Ensuring Accurate Trade, Measurements, and Enforcing
Commercial Vehicle Regulations
Weights and Measures Inspectors
• 8 filled PCNs (10 total)
Nine Weigh Stations (31 CVC total)
• Fairbanks (4 stations) 6 filled PCNs
• Anchorage (3 stations) 10 filled PCNs
• Tok (1 station) 4 filled PCNs
• Sterling (1 station) 3 filled PCNs
The next five slides were titled "Measurement Standards and
Commercial Vehicle Compliance." Slide 14 illustrated safety
efforts for Federal Fiscal Year 2024 (FFY) with a weight
compliance rate of 97.3 percent. There were 8,310 Driver and
Vehicle Safety Inspections; 82% of the vehicles and 98% of the
drivers inspected did not have any out-of-service violations.
Slide 15 showed a graph illustrating the number of vehicles
weighed at nine stations in FFY2024. Slide 16 compared the
class 13 multi-trailer vehicles of seven or more axles which
were weighed in FFY2023 and FFY2024. Slide 17 showed division
enforcement activity in FFY2023 and FFY2024. Slide 18 provided
statistics for inspection activity on the Dalton Highway in
FFY2022 through FFY2024.
1:56:46 PM
MR. SMITH addressed a question posed by Representative Mears
regarding how the weight of the 80 ton plus ore trucks compare
to other loads on the road. He explained that the federal
bridge formula sets the weight. The parks highway combinations
are actually a larger vehicle with higher weight than the ones
on the corridor with 95-foot cargo carrying length. With the
tractor, that is approximately 112 feet. The bridge formula
sets the gross weight of those combos at 167,000 pounds.
1:58:38 PM
MR. MILLS responded to a question from Representative Saddler
regarding constraints to getting summer construction projects
into the field. Prior to answering, he called attention to the
acronym for the department. He explained that DOT&PF expected
to have a better season than the previous year.
2:00:57 PM
MR. MILLS emphasized that the Dalton Highway is a state road but
has few pullouts and very limited services.
2:01:46 PM
MR. SAKALASKAS, responded to a question from Representative
Coulombe regarding who is responsible for the maintenance of the
Dalton Highway by explaining that there is not a specific
agreement such as a Memorandum of Agreement (MOA). There are
agreements with Alaska Airlines for the Deadhorse Airport.
2:02:31 PM
MR. MILLS pointed out that, generally speaking, the Alaska
Trucking Industry perceived their contribution as having
constructed the road.
2:03:35 PM
MR. SAKALASKAS addressed a series of questions from
Representative Hall regarding safety measures on the Dalton
Highway. He explained that the road meets the same design
standards as other Alaska roadways with guard rails and
pullouts. He pointed out that it is a very long route with few
services. In addition, there are many oversize loads that
travel the highway. He commented that there is road etiquette
that people are encouraged to follow when traveling the highway.
2:05:56 PM
MR. SAKALASKAS in response to a question from Representative
Rauscher discussed whether the department was resourced
correctly relative to road locations. He pointed out that
roadways impacted by winter weather are more labor intensive.
2:07:53 PM
The committee took an at-ease from 2:08 p.m. to 2:10 p.m.
HB 33-CONFLICT OF INTEREST: BD FISHERIES/GAME
2:10:15 PM
CO-CHAIR BURKE announced the next order of business would be
HOUSE BILL NO. 33, "An Act relating to participation in matters
before the Board of Fisheries and the Board of Game by the
members of the respective boards; and providing for an effective
date."
2:10:33 PM
REPRESENTATIVE LOUISE STUTES, Alaska State Legislature, as prime
sponsor, introduced HB 33 and read the sponsor statement to the
committee [hard copy included in the committee packet]. The
sponsor statement read as follows [original punctuation
provided]:
HB 33 SPONSOR STATEMENT
"An Act relating to participation in matters before
the Board of Fisheries and the Board of Game by the
members of the respective boards; and providing for an
effective date."
This legislation changes the way the Board of
Fisheries and Board of Game function by allowing
members to deliberate on subjects for which they have
a declared personal or financial interest according to
AS 39.52, the Executive Branch Ethics Act.
Members are selected based on their "knowledge and
ability in the field of action by the board, and with
a view to providing diversity of interests and points
of view in membership" however, Title 39 prohibits a
member from "taking or withholding official action in
order to affect a matter in which the member has a
personal or financial interest." (AS 39.52.120(b)(4)).
"Official action" is defined as "advice,
participation, or assistance, including for example, a
recommendation, decision, approval, disapproval, vote,
or other similar action, including inaction by a
public officer." (AS 39.52.960(14)).
Currently, board members are required to divulge a
conflict of interest if they, or their immediate
family members, are involved in the subject matter
being deliberated. The conflicted member can then no
longer offer their input and expertise on the process
and cannot vote on the matter at hand. Often in the
fishing world, a financial or personal interest
corresponds with someone's knowledge of a particular
fishery.
The passage of this bill will allow the conflicted
board member to offer remarks and input on
deliberations, but still precludes them from voting on
the issue if they have a conflict of interest.
Allowing members with expertise in particular fields
to deliberate will assist the boards in making more
informed decisions, lead to stronger resource
management statewide, and align process with intent as
far as the boards benefiting from members' knowledge
and diverse views.
Thank you for support of this legislation.
2:14:01 PM
JANE PEARSON, Staff, Representative Louise Stutes, Alaska State
Legislature, directed the committee's attention to documents
prepared by the Alaska Boards of Game and Fisheries [hard copies
included in the committee packets], titled "Background
Information on the Alaska Boards of Game and Fisheries Ethics
Act Process" and "Alaska Board of Fisheries Policy on Board
Member Actions at Meetings when Recused from Participating on
Proposals." She explained that the documents set forth how
members must conduct their business when they have declared a
conflict of interest. She read several paragraphs dealing with
recusals.
2:15:25 PM
REPRESENTATIVE STUTES added that members who declare a conflict
must get up from their seat at the table and sit in the
audience.
2:15:45 PM
MS. PEARSON explained that a member could participate as a
member of the public but would not be allowed to add their
expertise to the board's deliberative process, even if they are
the only one who understands the nuances of a particular
subject. She pointed out that the documents detailed the number
of times the board members had to declare a conflict of
interest. She posited that the recusal policy discouraged
people from applying to the board. However, allowing board
members with expertise to deliberate, the boards could make
fully informed decisions. Any member who declared a conflict
would be recused when there was a vote.
2:18:33 PM
REPRESENTATIVE STUTES responded to a question from
Representative Rauscher regarding why this bill did not get
farther in previous legislative sessions. She said the primary
pushback in the past came from Kenai River Sports Association.
She posited that a person who has a conflict should be excluded
from the vote but not from the conversation. She pointed out
letters on the subject were provided to the committee, but only
one was in opposition.
2:20:51 PM
REPRESENTATIVE STUTES addressed several questions posed by
Representative Saddler regarding HB 33's definition of
"supervisor" and "designated ethics supervisor." She specified
who would deal with possible conflict of interest situations,
stating that questions could be referred to the ethics
supervisor for the Board of Game or the Board of Fish who would
determine whether there is an ethics violation or not. The
ruling would then go to the chair and the board.
2:22:56 PM
REPRESENTATIVE STUTES, in response to several questions from
Representative Coulombe, explained that the issue addressed by
HB 33 was an unforeseen consequence from the initial setting of
board policies. She acknowledged that a board member could
testify as a member of the public, but she emphasized that the
person could not engage in discussions with the board. She
pointed out that board members were chosen for their expertise
and knowledge of the subject but were potentially precluded from
sharing that expertise.
2:26:01 PM
REPRESENTATIVE STUTES responded to questions from Representative
Saddler by clarifying several sections in HB 33 regarding
conflicts of interest. She reminded the committee that members
of the Board of Fish were appointed because they had relevant
areas of expertise.
2:32:15 PM
REPRESENTATIVE STUTES answered several questions posed by
Representative Elam and Representative Saddler regarding
conflicts of interest and off the record conversations that have
hypothetically taken place at board meetings.
2:34:51 PM
CO-CHAIR BURKE opened public testimony on HB 33.
2:35:00 PM
RICHIE DAVIS, Member, Seafood Producers Cooperative, testified
in support of HB 33. He described how members of the Board of
Fish were required to recuse themselves from discussions of the
board due to conflicts of interest. He stated that the process
had a stifling effect and discouraged people with knowledge and
experience from becoming board members.
2:38:28 PM
CO-CHAIR BURKE closed public testimony on HB 33.
2:38:33 PM
CO-CHAIR BURKE held over HB 33.
2:39:10 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:39 p.m.