Legislature(2003 - 2004)

05/07/2004 09:58 AM House TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                          May 7, 2004                                                                                           
                           9:58 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jim Holm, Chair                                                                                                  
Representative Beverly Masek                                                                                                    
Representative Vic Kohring                                                                                                      
Representative Dan Ogg                                                                                                          
Representative Nick Stepovich                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mary Kapsner                                                                                                     
Representative Albert Kookesh                                                                                                   
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Tom Wagoner                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 560                                                                                                              
"An  Act   relating  to   application  of   municipal  ordinances                                                               
providing  for planning,  platting,  and land  use regulation  to                                                               
interests in land  owned by the Alaska  Railroad Corporation; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 560(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR SENATE BILL NO. 382(CRA) am                                                                                              
"An Act relating to replat approval; relating to the platting of                                                                
right-of-way acquired through eminent domain proceedings; and                                                                   
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSSB 382(CRA) am OUT OF COMMITTEE                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 560                                                                                                                  
SHORT TITLE: MUNICIPAL LAND USE REGULATION                                                                                      
SPONSOR(S): TRANSPORTATION                                                                                                      
                                                                                                                                
04/27/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/27/04       (H)       TRA, CRA                                                                                               
04/29/04       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
04/29/04       (H)       -- Meeting Canceled --                                                                                 
05/04/04       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
05/04/04       (H)       Heard & Held                                                                                           
05/04/04       (H)       MINUTE(TRA)                                                                                            
05/06/04       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
05/06/04       (H)       Bills Previously Heard/Scheduled                                                                       
05/07/04       (H)       TRA AT 8:00 AM CAPITOL 17                                                                              
                                                                                                                                
BILL: SB 382                                                                                                                  
SHORT TITLE: EMINENT DOMAIN/REPLAT OF BOUNDARY CHANGES                                                                          
SPONSOR(S): TRANSPORTATION                                                                                                      
                                                                                                                                
03/31/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/04       (S)       TRA, CRA                                                                                               
04/01/04       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
04/01/04       (H)       -- Meeting Postponed to Fri, 4/2/04 --                                                                 
04/02/04       (S)       TRA RPT CS 3DP 2NR         SAME TITLE                                                                  
04/02/04       (S)       DP: WAGONER, COWDERY, THERRIAULT;                                                                      
04/02/04       (S)       NR: LINCOLN, OLSON                                                                                     
04/14/04       (S)       CRA AT 1:30 PM FAHRENKAMP 203                                                                          
04/14/04       (S)       Moved CSSB 382(CRA) Out of Committee                                                                   
04/14/04       (S)       MINUTE(CRA)                                                                                            
04/15/04       (S)       CRA RPT CS 2DP 2NR          SAME TITLE                                                                 
04/15/04       (S)       DP: STEDMAN, WAGONER;                                                                                  
04/15/04       (S)       NR: LINCOLN, ELTON                                                                                     
04/21/04       (S)       BEFORE THE SENATE IN THIRD READING                                                                     
04/22/04       (S)       TRANSMITTED TO (H)                                                                                     
04/22/04       (S)       VERSION: CSSB 382(CRA) AM                                                                              
04/30/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/30/04       (H)       CRA, TRA                                                                                               
05/01/04       (H)       CRA AT 2:00 PM CAPITOL 124                                                                             
05/01/04       (H)       Scheduled But Not Heard                                                                                
05/03/04       (H)       CRA AT 8:00 AM CAPITOL 124                                                                             
05/03/04       (H)       Scheduled But Not Heard                                                                                
05/05/04       (H)       CRA AT 9:00 AM CAPITOL 124                                                                             
05/05/04       (H)       Moved Out of Committee                                                                                 
05/05/04       (H)       MINUTE(CRA)                                                                                            
05/06/04       (H)       CRA RPT 2DP 1DNP 1NR                                                                                   
05/06/04       (H)       DP: KOTT, MORGAN; DNP: WOLF; NR: CISSNA                                                                
05/07/04       (H)       TRA AT 8:00 AM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WENDY LINDSKOOG, Director                                                                                                       
External Affairs                                                                                                                
Alaska Railroad Corporation (ARRC)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Explained   the  changes  encompassed  in                                                               
Version Q of HB 560.                                                                                                            
                                                                                                                                
MARY JACKSON, Staff                                                                                                             
to Senator Tom Wagoner                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Presented CSSB  382(CRA) am  on behalf  of                                                               
Senate Transportation Standing Committee.                                                                                       
                                                                                                                                
PETER PUTZIER, Senior Assistant Attorney General                                                                                
Transportation Section                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  that  CSSB  382(CRA) am  merely                                                               
clarifies  the intent  of the  legislature in  1975 and  provides                                                               
municipalities the  right to  control how  the replat  process is                                                               
conducted.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-18, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  JIM   HOLM  called   the  House   Transportation  Standing                                                             
Committee meeting  to order at  9:58 a.m.   Representatives Holm,                                                               
Stepovich, Kohring,  and Ogg were  present at the call  to order.                                                               
Representative Masek arrived as the meeting was in progress.                                                                    
                                                                                                                                
HB 560-MUNICIPAL LAND USE REGULATION                                                                                          
                                                                                                                                
CHAIR HOLM  announced that the  first order of business  would be                                                               
HOUSE BILL NO. 560, "An  Act relating to application of municipal                                                               
ordinances  providing  for  planning,   platting,  and  land  use                                                               
regulation  to interests  in land  owned by  the Alaska  Railroad                                                               
Corporation; and providing for an effective date."                                                                              
                                                                                                                                
Number 0064                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG moved to adopt  CSHB 560, Version 23-LS1959\Q,                                                               
Cook,  5/6/04,  as   the  working  document.     There  being  no                                                               
objection, Version Q was before the committee.                                                                                  
                                                                                                                                
CHAIR HOLM  informed the  committee that  Version Q  deletes what                                                               
was Section 1 in Version I.                                                                                                     
                                                                                                                                
Number 0141                                                                                                                     
                                                                                                                                
WENDY  LINDSKOOG,  Director,  External Affairs,  Alaska  Railroad                                                               
Corporation  (ARRC),  explained  that Section  1,  the  provision                                                               
pertaining  to  planning  and zoning  exemptions  for  ARRC,  was                                                               
removed.  The bond sections remain  the same.  However, Version Q                                                               
includes  a  task  force  to  be formed  with  members  from  the                                                               
municipalities along  the Railbelt, the  ARRC, and a  member from                                                               
the  House and  the Senate  to be  appointed by  their respective                                                               
leaderships.   The task  force will meet  during the  interim and                                                               
return with a report and  recommendations to the legislature with                                                               
regard to the planning and zoning for ARRC.                                                                                     
                                                                                                                                
CHAIR   HOLM   informed  the   committee   that   there  are   13                                                               
municipalities through  which ARRC passes, and  therefore each of                                                               
those has a representative on the task force.                                                                                   
                                                                                                                                
Number 0229                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEPOVICH noted that  if the railroad continues to                                                               
Greely, there  will be a  couple of  more communities to  [add to                                                               
the task force].                                                                                                                
                                                                                                                                
CHAIR HOLM said that the size  of the task force could be changed                                                               
when  that  occurs.    In   further  response  to  Representative                                                               
Stepovich, Chair Holm agreed that  it would merely be a formality                                                               
to add communities as the railroad is extended through them.                                                                    
                                                                                                                                
MS. LINDSKOOG  pointed out that  the task force will  sunset July                                                               
1,  2005,  and  is  being  implemented  merely  to  help  develop                                                               
recommendations.                                                                                                                
                                                                                                                                
CHAIR  HOLM said  that the  task force  could be  reauthorized as                                                               
necessary.                                                                                                                      
                                                                                                                                
Number 0404                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MASEK  moved  to  report CSHB  560,  Version  23-                                                               
LS1959\Q,  Cook,   5/6/04,  out  of  committee   with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,   CSHB  560(TRA)  was  reported   from  the  House                                                               
Transportation Standing Committee.                                                                                              
                                                                                                                                
SB 382-EMINENT DOMAIN/REPLAT OF BOUNDARY CHANGES                                                                              
                                                                                                                                
CHAIR HOLM  announced that the  final order of business  would be                                                               
CS FOR  SENATE BILL NO. 382(CRA)  am, "An Act relating  to replat                                                               
approval;  relating  to  the platting  of  right-of-way  acquired                                                               
through  eminent   domain  proceedings;  and  providing   for  an                                                               
effective date."                                                                                                                
                                                                                                                                
REPRESENTATIVE  OGG  moved  to  adopt CSSB  382(CRA)  am  as  the                                                               
working document.   There being  no objection, it was  before the                                                               
committee.                                                                                                                      
                                                                                                                                
Number 0463                                                                                                                     
                                                                                                                                
MARY  JACKSON,  Staff  to  Senator   Tom  Wagoner,  Alaska  State                                                               
Legislature, presented CSSB  382(CRA) am on behalf  of the Senate                                                               
Transportation  Standing Committee.    Ms.  Jackson informed  the                                                               
committee that  this legislation was introduced  upon the request                                                               
of the commissioner of the  Department of Transportation & Public                                                               
Facilities (DOT&PF).  The legislation  answers an immediate legal                                                               
issue  for a  project on  the Kenai  peninsula and  a project  in                                                               
Anchorage.                                                                                                                      
                                                                                                                                
REPRESENTATIVE STEPOVICH  asked if Ms. Jackson  was familiar with                                                               
any of  the concerns Representative  Wolf had regarding  how this                                                               
legislation would impact his district.                                                                                          
                                                                                                                                
MS.  JACKSON replied  yes, and  related that  Representative Wolf                                                               
just  discussed his  concerns with  the  representative from  the                                                               
Department of  Law who provided some  clarity on the issue.   She                                                               
acknowledged   that  Representative   Wolf  voted   against  this                                                               
legislation in its prior committee of referral.                                                                                 
                                                                                                                                
Number 0583                                                                                                                     
                                                                                                                                
PETER PUTZIER, Senior  Assistant Attorney General, Transportation                                                               
Section,  Civil Division  (Juneau), Department  of Law,  remarked                                                               
that CSSB  382(CRA) am  is very  narrow.   The primary  effect of                                                               
this legislation is  to change one sentence of AS  09.55.275.  He                                                               
explained  that  there were  two  back-to-back  challenges to  AS                                                               
09.55.275  in the  Anchorage  Superior Court.    The statute,  AS                                                               
09.55.275,  refers  to replat  approval,  which  he explained  is                                                               
DOT&PF  providing   notification  to  a   municipality  regarding                                                               
boundary changes  that might occur  in the context of  a highway.                                                               
Municipalities also  have to follow  this statute,  and therefore                                                               
have to provide notice and  obtain proper approval.  The argument                                                               
being made  and trying to  be changed  by this legislation  is in                                                               
relation to the last sentence of  AS 09.55.275, which says:  "The                                                               
platting authority  shall treat  applications for replat  made by                                                               
state  or  local governmental  agencies  in  the same  manner  as                                                               
replat petitions originated by private  landowners."  Mr. Putzier                                                               
noted  that some  of  the more  sophisticated  entities, such  as                                                               
Anchorage, have specific processes  for analyzing replat approval                                                               
or  petitions because  it's  a unique  procedure.   However,  the                                                               
argument  being made  in  court  is that  the  entire process  is                                                               
rendered improper  based on the mere  fact that the entity  has a                                                               
unique  procedure.   Mr. Putzier  opined that  he didn't  believe                                                               
that was  the intent back  when the  statute was passed  in 1975,                                                               
rather the intent  was for DOT&PF to provide notice,  not to tell                                                               
municipalities   how  to   analyze   replat   petitions.     This                                                               
legislation  merely clarifies  the intent  of the  legislature in                                                               
1975  and provide  municipalities the  right to  control how  the                                                               
replat process is conducted.                                                                                                    
                                                                                                                                
CHAIR HOLM  turned attention to  the second to the  last sentence                                                               
of  AS  09.55.275, which  read:    "However,  if a  state  agency                                                               
clearly demonstrates  an overriding  state interest, a  waiver to                                                               
the approval requirements  of this section may be  granted by the                                                               
governor."   He  asked if  the  governor can  override the  court                                                               
challenge.                                                                                                                      
                                                                                                                                
MR.  PUTZIER  answered that  theoretically,  it's  possible.   He                                                               
noted   the  difficulties   with  the   term  "overriding   state                                                               
interest."  He said that,  to his knowledge, the provision hasn't                                                               
been used  and it isn't clear  what would happen if  there was an                                                               
attempt to use it.                                                                                                              
                                                                                                                                
Number 0830                                                                                                                     
                                                                                                                                
CHAIR HOLM  noted that  a series of  things occur  before eminent                                                               
domain occurs  and the  property is actually  taken.   He related                                                               
his  understanding that  once  [the property  is  actually to  be                                                               
taken], this [court challenge] came into play.                                                                                  
                                                                                                                                
MR. PUTZIER agreed.                                                                                                             
                                                                                                                                
REPRESENTATIVE STEPOVICH agreed with  Chair Holm that the statute                                                               
specifies that the  governor could make a decision  in this case.                                                               
He  acknowledged  Mr.  Putzier's  comment  regarding  a  possible                                                               
challenge, and pointed out that anything can be challenged.                                                                     
                                                                                                                                
MR. PUTZIER  said that the  state couldn't realistically  rely on                                                               
the waiver as a means to  proceed with public projects.  There is                                                               
some  question,  he noted,  regarding  whether  the governor  can                                                               
exercise  his   authority  once  there  is   already  a  problem.                                                               
Arguably, the governor  has to make a decision before  there is a                                                               
problem.   Therefore,  every municipal  and  state project  would                                                               
have  to be  brought  to  the governor's  attention  in order  to                                                               
obtain a  waiver.   Mr. Putzier  opined that  such wouldn't  be a                                                               
good policy.                                                                                                                    
                                                                                                                                
CHAIR  HOLM  suspected  that  this  would  limit  the  "political                                                               
changing" of eminent domain.                                                                                                    
                                                                                                                                
MR. PUTZIER agreed.                                                                                                             
                                                                                                                                
Number 0966                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MASEK moved  to report  CSSB 382(CRA)  am out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  There being no objection, it was so ordered.                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The House Transportation Standing  Committee meeting was recessed                                                               
to the call of the chair at 10:14 a.m.                                                                                          
                                                                                                                                

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