Legislature(2003 - 2004)
02/19/2004 01:33 PM House TRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
February 19, 2004
1:33 p.m.
MEMBERS PRESENT
Representative Jim Holm, Chair
Representative Beverly Masek
Representative Dan Ogg
Representative Nick Stepovich
Representative Mary Kapsner
MEMBERS ABSENT
Representative Vic Kohring
Representative Albert Kookesh
COMMITTEE CALENDAR
HOUSE BILL NO. 327
"An Act relating to the powers and duties of the Department of
Transportation and Public Facilities; and repealing a
requirement that public facilities comply with energy standards
adopted by the Department of Transportation and Public
Facilities."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 327
SHORT TITLE: POWERS/DUTIES DOTPF
SPONSOR(s): REPRESENTATIVE(s) HOLM
05/16/03 (H) READ THE FIRST TIME - REFERRALS
05/16/03 (H) TRA, STA
02/19/04 (H) TRA AT 1:30 PM CAPITOL 17
WITNESS REGISTER
TODD LARKIN, Staff
to Representative Jim Holm
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 327 on behalf of
Representative Holm, sponsor.
ACTION NARRATIVE
TAPE 04-6, SIDE A
Number 0001
CHAIR JIM HOLM called the House Transportation Standing
Committee meeting to order at 1:33 p.m. Representatives Holm,
Masek, Stepovich, Ogg, and Kapsner were present at the call to
order.
HB 327-POWERS/DUTIES DOTPF
CHAIR HOLM announced that the first order of business would be
HOUSE BILL NO. 327, "An Act relating to the powers and duties of
the Department of Transportation and Public Facilities; and
repealing a requirement that public facilities comply with
energy standards adopted by the Department of Transportation and
Public Facilities."
CHAIR HOLM clarified that the [proposed committee substitute
(CS), labeled 23-LS1135\H, Utermohle, 2/17/04,] was being
discussed.
Number 0080
TODD LARKIN, Staff to Representative Jim Holm, Alaska State
Legislature, presented HB 327 on behalf of Representative Holm,
sponsor. Mr. Larkin, paraphrasing from the sponsor statement,
stated:
HB 327 is being brought forward at the suggestion of
DOT [Department of Transportation & Public Facilities
(DOT&PF)] and the attorney general's office to clean
up old statute, which is now - and really always has
been - obsolete. A situation has developed in rural
Alaska where a bridge is being held up because of an
oversight by state government.
In ... 1977, the then-governor wrote ... Executive
Order number 39, Section 2, creating the Alaska
Transportation [Planning] Council, among other things.
It directed the commissioner of DOT to consult with
this council on all annual transportation projects.
Projects were not supposed to move forward without the
recommendation of the council being considered.
Unfortunately, ... the then-governor and the
succeeding governors failed to appoint members to this
council, so it never came into physical existence.
Therefore, there's no one to consider the opinions of
DOT. In our fervor to comply with many ... federal
requirements in getting our roads, ... the state
converted their attention to complying with ...
federal requirements to get our projects done.
... This somewhat fell by the wayside because it was
outside of the legislative process by executive order
- by failure of action to actually ... arrive in
statute. It was just somewhat ignored.
Number 0302
MR. LARKIN directed attention to Section 2 [subsection (a), page
3, lines 29-31, and page 4, lines 1-5], which read:
(a) The commissioner shall develop [ANNUALLY] a
comprehensive, intermodal, long-range transportation
plan for the state. In developing and revising the
state plan, the commissioner shall consider means and
costs of improving existing modes and facilities,
state and federal subsidies, and the costs [AND
BENEFITS] of new transportation modes and facilities.
[THE COMMISSIONER SHALL ALSO CONSIDER THE
RECOMMENDATION OF THE ALASKA TRANSPORTATION PLANNING
COUNCIL.] The plan shall be submitted to the governor
for review and approval and submitted by the governor
to the legislature.
MR. LARKIN brought attention to [page 3, lines 30-31, and page
4, lines 1-2], the language that directs the commissioner to
study the costs and benefits of new transportation modes and
facilities, and he said [DOT&PF] would speak to the
ramifications of that language and why that portion of the
statute is impractical. He noted that although the Alaska
Transportation [Planning] Council exists in statute, the council
itself does not exist; there's nobody to consult with and no
recommendations. He said that litigation has been brought forth
because of this oversight, and it is likely there will be more
litigation in the future. Mr. Larkin said every project in the
state will be dramatically affected by this, and rural projects
will be even more affected by things like the cost benefit
study, if it were to remain in statute.
MR. LARKIN said the requirements to [conduct annual studies] are
being changed so [studies are conducted] "periodically" at the
discretion of the commissioner, because annual requirements are
cost prohibitive He said the requirement to study alternative
fuel has been expanded to include all alternative fuel. Mr.
Larkin noted that the other changes are "house-cleaning
measures." He explained that the requirement for DOT&PF to keep
school buildings in compliance with energy performance
standards, which was originally established in 1977, is being
changed so local school districts [assume that responsibility].
CHAIR HOLM asked if the change is being made because the school
districts are truly responsible for that and should be given
that authority and responsibility.
MR. LARKIN, in response, said exactly.
Number 0548
REPRESENTATIVE STEPOVICH asked if this pertains to all DOT&PF
facilities.
Number 0620
CHAIR HOLM stated that he would like DOT&PF to have time to
participate, and for the bill to have proper hearing. [HB 327
was held over.]
ADJOURNMENT
The House Transportation Standing Committee meeting was recessed
at approximately 1:53 p.m. until February 24, 2004, at 1:30 p.m.
[The meeting was never reconvened.]
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