Legislature(1999 - 2000)

03/02/2000 01:10 PM House TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      HOUSE TRANSPORTATION STANDING COMMITTEE                                                                                   
                   March 2, 2000                                                                                                
                     1:10 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Andrew Halcro, Chairman                                                                                          
Representative Beverly Masek                                                                                                    
Representative Bill Hudson                                                                                                      
Representative John Cowdery                                                                                                     
Representative Allen Kemplen                                                                                                    
Representative Albert Kookesh                                                                                                   
Representative Vic Kohring                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 362                                                                                                              
"An Act authorizing the exchange of land between the Alaska                                                                     
Railroad Corporation and Eklutna, Inc., between the Alaska Railroad                                                             
Corporation and the United States Department of the Army and the                                                                
United States Department of the Air Force, between the Alaska                                                                   
Railroad Corporation and Chugach Alaska Corporation, and between                                                                
the Alaska Railroad Corporation and the Municipality of Anchorage;                                                              
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED CSHB 362(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 182                                                                                                              
"An Act relating to charitable gaming and to gaming on state                                                                    
ferries; and providing for an effective date."                                                                                  
                                                                                                                                
     - MOVED CSHB 182(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 362                                                                                                                    
SHORT TITLE: APPROVING TRANSFER OF RAILROAD LAND                                                                                
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/11/00      2176     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/11/00      2176     (H)  TRA, FIN                                                                                            
 3/02/00               (H)  TRA AT  1:00 PM CAPITOL 17                                                                          
                                                                                                                                
                                                                                                                                
BILL: HB 182                                                                                                                    
SHORT TITLE: CHARITABLE GAMING & GAMING ON FERRIES                                                                              
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/08/99       690     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/08/99       690     (H)  TRA, JUD, FIN                                                                                       
 2/01/00               (H)  TRA AT  1:00 PM CAPITOL 17                                                                          
 2/01/00               (H)  Heard & Held                                                                                        
 2/01/00               (H)  MINUTE(TRA)                                                                                         
 2/15/00               (H)  TRA AT  1:00 PM CAPITOL 17                                                                          
 2/15/00               (H)  -- Meeting Postponed --                                                                             
 2/17/00               (H)  TRA AT  1:00 PM CAPITOL 17                                                                          
 2/17/00               (H)  Failed To Move Out Of Committee                                                                     
 2/17/00               (H)  MINUTE(TRA)                                                                                         
 2/24/00               (H)  TRA AT  1:00 PM CAPITOL 17                                                                          
 2/24/00               (H)  Heard & Held                                                                                        
 2/24/00               (H)  MINUTE(TRA)                                                                                         
 3/02/00               (H)  TRA AT  1:00 PM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE LISA MURKOWSKI                                                                                                   
Alaska State Legislature                                                                                                        
Capitol Building, Room 406                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HB 362.                                                                                         
                                                                                                                                
KRAIG HUGHES, Project Engineer                                                                                                  
Alaska Railroad Corporation                                                                                                     
Department of Community & Economic Development                                                                                  
PO Box 107500                                                                                                                   
Anchorage, Alaska 99510-7500                                                                                                    
POSITION STATEMENT:   Gave a PowerPoint presentation on HB 362.                                                                 
                                                                                                                                
JAMES KUBITZ, Vice President                                                                                                    
Real Estate and Project Planning                                                                                                
Alaska Railroad Corporation                                                                                                     
Department of Community & Economic Development                                                                                  
PO Box 107500                                                                                                                   
Anchorage, Alaska 99510-7500                                                                                                    
POSITION STATEMENT:   Testified on HB 362.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-14, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN ANDREW HALCRO called the House Transportation Standing                                                                 
Committee meeting to order at 1:10 p.m.  Members present at the                                                                 
call to order were Representatives Halcro, Hudson, Cowdery,                                                                     
Kemplen, Kookesh and Kohring.  Representative Masek arrived as the                                                              
meeting was in progress.                                                                                                        
                                                                                                                                
HB 362 - APPROVING TRANSFER OF RAILROAD LAND                                                                                    
                                                                                                                                
CHAIRMAN HALCRO announced the first order of business as House Bill                                                             
362, "An Act authorizing the exchange of land between the Alaska                                                                
Railroad Corporation and Eklutna, Inc., between the Alaska Railroad                                                             
Corporation and the United States Department of the Army and the                                                                
United States Department of the Air Force, between the Alaska                                                                   
Railroad Corporation and Chugach Alaska Corporation, and between                                                                
the Alaska Railroad Corporation and the Municipality of Anchorage;                                                              
and providing for an effective date."  There is a proposed                                                                      
committee substitute.                                                                                                           
                                                                                                                                
Number 0070                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHN COWDERY made a motion to adopt the proposed                                                                 
committee substitute for HB 362, version 1-LS1455\D, Utermohle,                                                                 
2/18/00.  There being no objection, Version D was before the                                                                    
committee.                                                                                                                      
                                                                                                                                
Number 0087                                                                                                                     
                                                                                                                                
REPRESENTATIVE LISA MURKOWSKI, Alaska State Legislature, came                                                                   
before the committee as sponsor of HB 362.  This proposed committee                                                             
substitute essentially straightens the rail track between Anchorage                                                             
and Wasilla by taking about approximately 70 curves.  In order to                                                               
do this, however, there needs to be land exchanges with Elmendorf                                                               
Air Force Base, Fort Richardson Army Base, Eklutna, Inc., Chugach                                                               
Alaska Corporation and the Municipality of Anchorage, which                                                                     
requires an authorization from the legislature.  She noted that                                                                 
discussions have been occurring between the railroad and federal                                                                
government for a couple of years now.  Moreover, this proposed                                                                  
committee substitute includes an exchange for transfer of land to                                                               
certain individuals at milepost 133 and milepost 134.                                                                           
Representatives from the railroad can address why that route was                                                                
chosen.  She further noted that the Municipality of Anchorage is                                                                
required to "sign off" on the exchange that involves municipal                                                                  
land, which will be presented to the voters on April 4.  The                                                                    
railroad wants to straighten the track to reduce wear and tear on                                                               
equipment and to reduce travel time between Anchorage and Wasilla,                                                              
which will be reduced by 35 minutes.  She hopes that a reduction in                                                             
travel time will encourage people to view the railroad as a                                                                     
commuter, thereby reducing pressure on the road system.  She also                                                               
pointed out that, according to the railroad, this is an investment.                                                             
The construction plan involves $45 million to $60 million, which                                                                
will come from federal transportation grants and the railroad's                                                                 
operating revenues.  It will not come from general fund dollars.                                                                
Moreover, there is a stretch of track 14 miles outside of Seward                                                                
that would allow for improvements in the highway as well, which is                                                              
where the Chugach Alaska Corporation fits into the picture.  She                                                                
noted that several representatives of the railroad are here today                                                               
to make a presentation.                                                                                                         
                                                                                                                                
Number 0500                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY stated that an encroachment by the railroad                                                              
was recently brought to his attention.  He asked Representative                                                                 
Murkowski whether she would be opposed to a friendly amendment to                                                               
correct that matter in the form of an exchange.                                                                                 
                                                                                                                                
REPRESENTATIVE MURKOWSKI replied she would hesitate to accept any                                                               
"add-on" to the proposed committee substitute.  She has had many                                                                
suggestions for inclusions, but she feels that they would detract                                                               
from the real mission - to straighten the track between Anchorage                                                               
and Wasilla for efficiency and expediency.  She is afraid that any                                                              
add-on would create a "Christmas tree."                                                                                         
                                                                                                                                
Number 0610                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY replied he doesn't think that his friendly                                                               
amendment would create a Christmas tree.  Moreover, he doesn't see                                                              
where there would be any opposition to jeopardize this legislation.                                                             
                                                                                                                                
REPRESENTATIVE MURKOWSKI indicated that she would be happy to talk                                                              
about this issue further.  Her initial reaction is one of                                                                       
hesitation; she can think of many individuals who would have good                                                               
reasons to "tack on" their issues as well.                                                                                      
                                                                                                                                
Number 0689                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO asked Representative Murkowski whether anybody                                                                  
opposes this legislation.  He noted that there are several                                                                      
resolutions of support from communities and organizations in the                                                                
bill packet.                                                                                                                    
                                                                                                                                
REPRESENTATIVE MURKOWSKI replied the railroad has made a very                                                                   
concerted effort to work with the principals involved.  There was                                                               
a period of time when certain individuals in the Birch Creek area                                                               
had some issues, but she thinks that they have been resolved.  It's                                                             
important to keep in mind that the entities involved, not just the                                                              
railroad, would benefit from this legislation in terms of safety                                                                
enhancements.  She cited underpasses and separated crossings as                                                                 
examples.                                                                                                                       
                                                                                                                                
Number 0815                                                                                                                     
                                                                                                                                
KRAIG HUGHES, Project Engineer, Alaska Railroad Corporation,                                                                    
Department of Community & Economic Development, came before the                                                                 
committee and gave a PowerPoint presentation.                                                                                   
                                                                                                                                
MR. HUGHES stated there are three distinct projects associated with                                                             
this legislation.  The first project involves milepost 8 to                                                                     
milepost 18 on the Seward Highway, a Department of Transportation                                                               
& Public Facilities' project, which includes a land swap with                                                                   
Chugach Alaska Corporation and provides for a grade separation.                                                                 
The second project involves a realignment from Anchorage to Eagle                                                               
River.  The third project involves a realignment from Eagle River                                                               
to Wasilla.                                                                                                                     
                                                                                                                                
MR. HUGHES further stated that the objectives include improving                                                                 
safety and efficiency of operations by reducing the maximum degree                                                              
of curvature to 2 degrees, which would reduce running time between                                                              
Anchorage and Wasilla from 95 minutes to 55 minutes.  He noted that                                                             
with those improvements the train could run at 50 miles per hour                                                                
instead of its current speed of 30 miles per hour.                                                                              
                                                                                                                                
MR. HUGHES further stated that the benefits include decreased                                                                   
running time, reduced track and equipment wear, more consistent                                                                 
train handling, more efficient and safer railroad operations, and                                                               
safer public access across rights-of-way.                                                                                       
                                                                                                                                
MR. HUGHES further stated that the project from Anchorage to Eagle                                                              
River starts at milepost 117 and extends to milepost 127.5, which                                                               
equates to 10.5 miles.  It consists of a double track construction,                                                             
and funding will be through the Department of Defense.  Land issues                                                             
involve a swap of an existing right-of-way for a new one, which                                                                 
equates to 227 acres of military land and 229 acres of railroad                                                                 
land.                                                                                                                           
                                                                                                                                
MR. HUGHES further stated that the project from Eagle River to                                                                  
Wasilla starts at milepost 128 and extends to milepost 158, which                                                               
equates to 30 miles.  It consists of a single track construction,                                                               
and funding will be through Amtrak, the Federal Transit                                                                         
Administration [FTA], and matching funds of 20 percent from the                                                                 
Alaska Railroad Corporation.  Land issues involve private property                                                              
at milepost 133 and milepost 136.  Land issues also include Eklutna                                                             
and Cook Inlet Regional Corporation property at six locations                                                                   
equating to 65 acres, Department of Transportation & Public                                                                     
Facilities' property at milepost 151, and municipal property at                                                                 
milepost 132 and milepost 133.                                                                                                  
                                                                                                                                
MR. HUGHES further stated that the impacts include five crossings                                                               
from Anchorage to Eagle River, and nine crossings from Eagle River                                                              
to Wasilla.  He noted that a diagnostic team will review the                                                                    
crossings, which will include engineers, policy makers, and local                                                               
law enforcement officials.  The crossings will also include a grade                                                             
separation at Vandenberg Avenue and Beach Lake Road.                                                                            
                                                                                                                                
MR. HUGHES further stated that another impact includes ski/sled                                                                 
trails, of which, there is no direct impact.  Skiers/sliders will                                                               
be able to utilize a grade separation at Beach Lake Road, and the                                                               
railroad will provide fencing, as necessary, in areas of concern.                                                               
He pointed out that there is support from the local Nordic ski                                                                  
groups.                                                                                                                         
                                                                                                                                
MR. HUGHES further stated that another impact includes                                                                          
environmental concerns.  The stretch from Anchorage to Eagle River                                                              
is in the NEPA [National Environmental Policy Act] process, while                                                               
the stretch from Eagle River to Wasilla has been completed.  He                                                                 
pointed out that this will impact 12.9 acres of wetlands, and the                                                               
railroad has agreed to mitigation measures.  This will also impact                                                              
some archeological sites at Eklutna Village and Knik River Butte.                                                               
                                                                                                                                
MR. HUGHES further stated that another impact includes noise and                                                                
vibration.  Mitigation measures include a longer rail, faster                                                                   
train, and reduced number of at-grade crossings, which all help                                                                 
reduce noise and vibration.  He noted that a reduction in the                                                                   
number of at-grade crossings will reduce the number of preempted                                                                
whistles.                                                                                                                       
                                                                                                                                
MR. HUGHES further stated that another impact includes moose and                                                                
animals.  Mitigation measures include an increased sight distance                                                               
for both engineer and animal.  He pointed out, however, that there                                                              
isn't a correlation between velocity and number of incidents; it's                                                              
more a factor of snow depth.                                                                                                    
                                                                                                                                
MR. HUGHES further stated that another impact includes trespass                                                                 
incidents.  Mitigation measures include participation in lifesaver                                                              
programs, public service announcements, channeling traffic                                                                      
patterns, a pedestrian underpass at Beach Lake Road, and increased                                                              
sight distance.                                                                                                                 
                                                                                                                                
MR. HUGHES further stated that the municipal land swap involves                                                                 
13.6 acres of park land in exchange for 9.6 acres of existing                                                                   
right-of-way.  Of that 9.6 acres, 4.5 acres will be dedicated back                                                              
to Beach Lake Park and 5.1 acres will be dedicated back to adjacent                                                             
landowners.  He pointed out that - by law - the railroad has to                                                                 
revert ownership back to adjacent landowners when it stops                                                                      
utilizing lands for the purpose for which it was granted.                                                                       
Furthermore, as part of the agreement with Eklutna, the railroad                                                                
will dedicate a portion of the land at Beach Lake Road for the                                                                  
potential development of a road.  The approval for these land swaps                                                             
will be presented to the people in the form of a ballot on April 4.                                                             
                                                                                                                                
MR. HUGHES further stated, in conclusion, that the Alaska Railroad                                                              
Corporation requests the support of the legislature.  Any                                                                       
construction this summer will depend on legislative approval of HB
362 or SB 235.                                                                                                                  
                                                                                                                                
Number 1705                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY asked Representative Murkowski whether the                                                               
disposal of railroad property relates to legislation passed last                                                                
year requiring legislative approval to accept property.                                                                         
                                                                                                                                
REPRESENTATIVE MURKOWSKI replied, "I don't believe it does,                                                                     
Representative Cowdery."                                                                                                        
                                                                                                                                
REPRESENTATIVE COWDERY asked Representative Murkowski whether it                                                                
would take additional legislation to dispose of property.                                                                       
                                                                                                                                
REPRESENTATIVE MURKOWSKI deferred the question to James Kubitz from                                                             
the Alaska Railroad Corporation.                                                                                                
                                                                                                                                
Number 1771                                                                                                                     
                                                                                                                                
JAMES KUBITZ, Vice President, Real Estate and Project Planning,                                                                 
Alaska Railroad Corporation, Department of Community & Economic                                                                 
Development, came before the committee to answer questions.  The                                                                
legislation passed last year that Representative Cowdery is                                                                     
referring to dealt with the approval and acceptance of federal                                                                  
property for Whittier.  Furthermore, the railroad considers an                                                                  
exchange as a disposal, and this legislation allows the railroad to                                                             
dispose of property in the form of an exchange.                                                                                 
                                                                                                                                
Number 1815                                                                                                                     
                                                                                                                                
REPRESENTATIVE BILL HUDSON asked what the overall expense would be                                                              
to the railroad.                                                                                                                
                                                                                                                                
MR. HUGHES answered $45 to $60 million.                                                                                         
                                                                                                                                
REPRESENTATIVE HUDSON asked whether there would be any expense                                                                  
incurred by the Department of Transportation & Public Facilities,                                                               
or whether it would be covered under railroad obligations.                                                                      
                                                                                                                                
MR. HUGHES answered that there may be some minor expenses incurred                                                              
to improve crossings, for example.  He pointed out that the                                                                     
Department of Transportation & Public Facilities holds permits to                                                               
cross the railroad, and that they are required to upgrade those                                                                 
crossings.                                                                                                                      
                                                                                                                                
Number 1871                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO noted that this legislation deals with the                                                                      
authorization to conduct an exchange, which is why a zero fiscal                                                                
note is attached.                                                                                                               
                                                                                                                                
Number 1881                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY asked Mr. Kubitz whether this legislation                                                                
would impact future land exchanges.                                                                                             
                                                                                                                                
MR. KUBITZ replied it would only impact the lands discussed today                                                               
by Representative Murkowski and Mr. Hughes.                                                                                     
                                                                                                                                
CHAIRMAN HALCRO closed the meeting to public testimony.                                                                         
                                                                                                                                
Number 1916                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY asked Mr. Kubitz whether there has been any                                                              
consideration given to an S-tie type of technology in relation to                                                               
the curves in the track.                                                                                                        
                                                                                                                                
MR. KUBITZ replied the railroad has experimented with concrete and                                                              
metal ties at different points along the track, but they always                                                                 
come back to using timber because of the current weight and speed                                                               
of the trains.                                                                                                                  
                                                                                                                                
REPRESENTATIVE COWDERY pointed out that a zig-zag tie has the                                                                   
effect of more control in relation to side-motion, which is the                                                                 
type of technology bullet trains use in the Orient.                                                                             
                                                                                                                                
MR. KUBITZ stated he is not aware of that type of technology.                                                                   
                                                                                                                                
MR. HUGHES noted that the railroad has not conducted any experiment                                                             
on a zig-zag type of tie.  They do not see it as a feasible                                                                     
alternative because of current maintenance and velocity of the                                                                  
trains.                                                                                                                         
                                                                                                                                
MR. KUBITZ pointed out that bullet trains need total fencing, total                                                             
overpass, and total grade separation.                                                                                           
                                                                                                                                
Number 2088                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON made a motion to move CSHB 362, version                                                                   
1-LS1455\D, Utermohle, 2/18/00, out of committee with individual                                                                
recommendations and attached zero fiscal note; he asked unanimous                                                               
consent.  There being no objection, CSHB 362(TRA) so moved from the                                                             
House Transportation Standing Committee.                                                                                        
                                                                                                                                
HB 182 - CHARITABLE GAMING & GAMING ON FERRIES                                                                                  
                                                                                                                                
CHAIRMAN HALCRO announced the next order of business as House Bill                                                              
182, "An Act relating to charitable gaming and to gaming on state                                                               
ferries; and providing for an effective date."                                                                                  
                                                                                                                                
Number 2228                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY made a motion to move CSHB 182, version                                                                  
1-LS0805\D, Luckhaupt, 2/11/00, as amended, out of committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
[SEE HOUSE TRANSPORTATION COMMITTEE MINUTES DATED 2/17/00 FOR                                                                   
DISCUSSION ON THE CONCEPTUAL AMENDMENTS]                                                                                        
                                                                                                                                
Number 2241                                                                                                                     
                                                                                                                                
REPRESENTATIVE BEVERLY MASEK objected to the motion.  The committee                                                             
members were not notified that this legislation was being heard                                                                 
today.                                                                                                                          
                                                                                                                                
CHAIRMAN HALCRO replied that sufficient notice has been given.  The                                                             
bill was discussed last week, at which time he announced it would                                                               
be brought up again this week.                                                                                                  
                                                                                                                                
REPRESENTATIVE MASEK announced that she still objects to the                                                                    
motion.                                                                                                                         
                                                                                                                                
Number 2279                                                                                                                     
                                                                                                                                
REPRESENTATIVE VIC KOHRING stated he intends to vote to move this                                                               
legislation out of committee, but he objects to any legislation                                                                 
dealing with the advocation or promotion of gambling in the state.                                                              
Furthermore, he was approached by the sponsor of this legislation,                                                              
the chairman of the House Judiciary Committee, who assured him that                                                             
he does not intend to move it out of that committee, but that he                                                                
would just like to debate the issue and look at some formulated                                                                 
measures.                                                                                                                       
                                                                                                                                
CHAIRMAN HALCRO stated he would not support this legislation if it                                                              
ever made it to the floor of the House of Representatives.                                                                      
                                                                                                                                
Number 2305                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY stated he doubts that the bill would ever                                                                
make it to the floor of the House of Representatives.  However, he                                                              
would honor the request of the House Judiciary Committee chairman                                                               
to move it out of this committee.                                                                                               
                                                                                                                                
A roll call vote was taken.  Representatives Kohring, Hudson,                                                                   
Halcro and Cowdery voted "yea."  Representatives Masek, Kemplen and                                                             
Kookesh voted "nay."  By a vote of 4-3, CSHB 182(TRA) so moved from                                                             
the House Transportation Standing Committee.                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO called for a brief at-ease in order to prepare for                                                              
an overview on the railroad station at the Anchorage International                                                              
Airport by the Alaska Railroad Corporation.                                                                                     
                                                                                                                                
[FOR THE ABOVE COVER SHEET PLEASE SEE MINUTES FOR THE HOUSE                                                                     
TRANSPORTATION STANDING COMMITTEE DATED, 3/2/00 AT 1:55 P.M.]                                                                   

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