02/08/2022 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| Department of Transportation and Public Facilities Commissioner | |
| Overview: Executive Order 122 | |
| HB296 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| *+ | HB 296 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
February 8, 2022
1:10 p.m.
MEMBERS PRESENT
Representative Grier Hopkins, Chair
Representative Sara Hannan, Vice Chair
Representative Louise Stutes
Representative Harriet Drummond
Representative Tom McKay
Representative Kevin McCabe
Representative Mike Cronk
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Department of Transportation & Public Facilities Commissioner
Ryan Anderson - Juneau
- HEARD
OVERVIEW: EXECUTIVE ORDER 122
- HEARD
HOUSE BILL NO. 296
"An Act relating to program receipts; and relating to the
acceptance of gifts, donations, and grants for the purpose of
providing signage for assets under the control of the Department
of Transportation and Public Facilities."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 296
SHORT TITLE: DONATIONS/GIFTS FOR DOT&PF SIGNAGE
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER
01/31/22 (H) READ THE FIRST TIME - REFERRALS
01/31/22 (H) TRA, FIN
02/08/22 (H) TRA AT 1:00 PM BARNES 124
WITNESS REGISTER
RYAN ANDERSON, Appointee/Commissioner Designee
Department of Transportation & Public Facilities
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the position of
commissioner of the Department of Transportation & Public
Facilities.
ANDY MILLS, Legislative Liaison
Department of Transportation & Public Facilities
Juneau, Alaska
POSITION STATEMENT: Gave an overview on Executive Order 122.
DOM PANNONE, Director
Division of Administrative Services
Department of Transportation & Public Facilities
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the overview
on EO 122.
BRAD SHARP, Assistant Attorney General
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the overview on
EO 122.
KEN STEWART, Contracting Officer
Leasing Section
Division of Facility Services
Department of Transportation & Public Facilities
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the overview on
EO 122.
REPRESENTATIVE GEORGE RAUSCHER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 296.
RYAN MCKEE, Staff
Representative George Rauscher
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a sectional analysis for HB 296 on
behalf of Representative Rauscher, prime sponsor.
ACTION NARRATIVE
1:10:06 PM
CHAIR GRIER HOPKINS called the House Transportation Standing
Committee meeting to order at 1:10 p.m. Representatives Stutes,
Cronk, McKay, McCabe, Drummond, Hannon, and Hopkins were present
at the call to order.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Department of Transportation and Public Facilities Commissioner
Department of Transportation & Public Facilities Commissioner
1:11:17 PM
CHAIR HOPKINS announced that the first order of business would
be a confirmation hearing considering the governor's nominee for
commissioner for the Department of Transportation and Public
Facilities.
1:13:25 PM
RYAN ANDERSON, Appointee/Commissioner Designee, Department of
Transportation & Public Facilities, gave a background of his
professional history and history in Alaska. He explained that
he has worked in construction and design capacities. He shared
that he's worked for the department for 21 years. He spoke
about the challenges and opportunities ahead of Alaska and
acknowledged the difference the last two years have contained
[since the onset of the COVID-19 pandemic]. He said he is
focused on workforce and the vacancy problems that are currently
being experienced. He noted that he also appreciates
partnerships with local governments, with contractors and local
workers.
1:17:35 PM
REPRESENTATIVE STUTES shared her delight in the commissioner
designee's interest in the Alaska Marine Highway System and
thanked him for his responsiveness.
1:18:10 PM
REPRESENTATIVE MCCABE expressed that the commissioner designee
has been very responsive to the needs of his district.
1:18:47 PM
REPRESENTATIVE MCKAY said he has found the commissioner designee
to be engaging, and he stated his support of the appointment.
1:19:21 PM
REPRESENTATIVE HANNAN inquired whether Mr. Anderson would be
called back to his home state of Minnesota.
MR. ANDERSON replied that Alaska is home now.
1:20:11 PM
CHAIR HOPKINS asked Commissioner Designee Anderson about the
Infrastructure, Investment, and Jobs Act and a focus on
"Complete Streets."
COMMISSIONER DESIGNEE ANDERSON responded that DOT&PF has been
working with local governments to create Complete Streets, one
example being in Fairbanks, where downtown has the capacity for
cars, bicycles, pedestrians, and handicap accessible
transportation. With that comes increased additional
maintenance, he said, and the department works with partners on
that issue. In response to Chair Hopkins, he said there are
ideas for expanding this throughout Alaska, and he talked about
the concept of creating rural transportation planning
organizations.
1:24:16 PM
CHAIR HOPKINS asked how Mr. Anderson looks to balance the
development of natural resources with ensuring public safety.
MR. ANDERSON responded that safety is DOT&PF's priority. He
used the Parks Highway as an example because there have been so
many recent improvements. He acknowledged that resource
development has presented some challenges, but he noted that
there are regulations and statutes that are followed that denote
what is allowed on a highway. He said statutes and regulations
do not necessarily address volume on a highway, and this is
where the department's engineers focus. Some safety corridors
are being expanded from two-lane to four-lane highways. In
response to Chair Hopkins on how to ensure safety measures that
allow for growth, he said there is a planning element by DOT&PF
to ensure safety. He noted that an official proposal had not
yet been submitted.
1:28:49 PM
REPRESENTATIVE MCCABE asked whether Commissioner Designee
Anderson was focused on saying "yes" over "no" as he offered his
understanding the former commissioner had tried to do.
COMMISSIONER DESIGNEE ANDERSON responded that there's a lot that
happens in terms of decision making. He said he tries to ensure
that everyone understands the reason behind the decisions made.
He emphasized the value of working in teams.
1:30:46 PM
CHAIR HOPKINS asked Commissioner Designee Anderson what steps
are being taken to ensure good infrastructure on the North Slope
as relating to response to the effects of climate change.
COMMISSIONER DESIGNEE ANDERSON responded that he sees snowplow
operators as frontline workers when it comes to climate change.
He noted that the last 50 miles of the Dalton Highway are now
paved. He said the department is positioned well to be flexible
in allocating its resources. He stressed the importance of
partnerships, such as the ones with universities.
1:33:10 PM
REPRESENTATIVE HANNAN asked for an explanation regarding the
determination to pave 50 miles of the Dalton Highway, and she
mentioned "The Blob" that "keeps sliding" onto the highway.
COMMISSIONER DESIGNEE ANDERSON responded that "The Blob" is no
longer an impending disaster following the realignment of the
road. He offered further details, including the cooperation of
the University of Alaska and consideration of permafrost in
determining whether to pave more sections of the highway.
1:35:27 PM
REPRESENTATIVE DRUMMOND discussed various areas in Anchorage
that did and did not get funding from the Municipality of
Anchorage for DOT&PF projects. She mentioned the need for
accessible walking paths and bicycle routes. She indicated that
she appreciates Commissioner Designee Anderson's perspective
relating to Complete Streets.
1:36:49 PM
REPRESENTATIVE HANNAN stated that the House Transportation
Standing Committee has reviewed the qualifications of the
governor's appointee and recommends the following name be
forwarded to a joint session for consideration: Ryan Anderson,
Commissioner, Department of Transportation & Public Facilities.
Signing the report regarding appointments to boards and
commissions in no way reflects an individual member's approval
or disapproval of the appointee, and the nomination is merely
forwarded to the full legislature for confirmation or rejection.
1:37:23 PM
The committee took an at-ease from 1:37 p.m. to 1:41 p.m.
^OVERVIEW: EXECUTIVE ORDER 122
PRESENTATION: EXECUTIVE ORDER 122
1:41:27 PM
CHAIR HOPKINS announced that the next order of business would be
an overview on Executive Order 122.
1:42:02 PM
ANDY MILLS, Legislative Liaison, Department of Transportation &
Public Facilities, gave an overview of Executive Order (EO) 122,
which seeks to shift statutory authority from the Department of
Administration (DOA) to the Department of Transportation &
Public Facilities (DOT&PF). The reason is to follow the
budgetary transactions that occurred in the fiscal year 2022 (FY
22) operating budget, when funding transferred from DOA to
DOT&PF as a consolidation of leasing and public building efforts
brought into DOT&PF's Division of Facility Services.
1:43:15 PM
DOM PANNONE, Director, Division of Administrative Services,
Department of Transportation & Public Facilities, in response to
a question from Representative Hannan, said 12 positions were
moved from DOA shared services, 8 of which were facilities-
related, and 3 of which were from accounting and moved to the
Division of Administration within DOT&PF.
1:44:15 PM
MR. PANNONE, in response to Chair Hopkins, confirmed the
salaries remained the same in the move of staff.
1:44:50 PM
BRAD SHARP, Assistant Attorney General, Department of Law,
responded to a question from Chair Hopkins as to whether there
were differences between the following phrases: "lease of
space"; "lease of real property"; and "leasing of space to the
executive branch of state government". He offered his
understanding that each of those phrases refers to the same
action but could change according to the context of the statute
in which they were used.
1:46:25 PM
CHAIR HOPKINS requested Mr. Sharp submit to the committee a
memorandum ("memo") on those phrases so that committee can be
sure to use the terms correctly.
1:46:42 PM
MR. SHARP, in response to Representative Hannan, offered his
understanding that the lease of space would always pertain to
real property, and he offered to get back to the committee with
confirmation.
1:47:17 PM
KEN STEWART, Contracting Officer, Leasing Section, Division of
Facility Services, Department of Transportation & Public
Facilities, offered his interpretation that the term "real
property" refers to real estate, and it can mean a building on a
piece of real estate or a ground lease, such as for a
communications tower. In response to Chair Hopkins, he said he
has been with DOT&PF since 2007. To a follow-up question, he
said the transition from DOA to DOT&PF has been seamless.
1:50:04 PM
CHAIR HOPKINS noted that EO 122 would go into effect "on day 60
of this legislative session" unless the legislature takes action
via resolution in joint session to reject the proposed EO. He
announced that EO 122 was held over for future discussion.
HB 296-DONATIONS/GIFTS FOR DOT&PF SIGNAGE
1:50:42 PM
CHAIR HOPKINS announced that the final order of business would
be HOUSE BILL NO. 296, "An Act relating to program receipts; and
relating to the acceptance of gifts, donations, and grants for
the purpose of providing signage for assets under the control of
the Department of Transportation and Public Facilities."
1:50:58 PM
The committee took a brief at ease at 1:51 p.m.
1:51:22 PM
REPRESENTATIVE GEORGE RAUSCHER, Alaska State Legislature, as
prime sponsor, presented HB 296. He paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
Part of the job of being a State Senator or a State
Representative is to acknowledge those people, groups
or organizations that have contributed to their
community or state or country in a unique way that
provides that recognition. One of the ways we do that
is to name a geographic location, structure, event or
even a bridge after those previously named entities
through legislation.
When doing so, one of the most common points of
discussion is the cost to name that structure. I have
never seen one to vote on that doesn't have a fiscal
note attached and that alone has caused a few
legislators to vote no on the legislation.
HB 296 provide a mechanism for funding a commemorative
name to a project by allowing receipt authority to the
Department of Transportation so that the department
can collect donations for signage. It does not require
these costs to be paid by outside groups but instead
helps to codify a process that will not be reliant on
state funds.
1:53:44 PM
RYAN MCKEE, Staff, Representative George Rauscher, Alaska State
Legislature, on behalf of Representative Rauscher, prime
sponsor, provided the sectional analysis for HB 296 [included in
the committee packet], which read as follows [original
punctuation provided]:
Section 1: AS 37.05.146(c) Page 1, Lines 5-7
This section adds gifts, donations, and grants
received by DOT & PF to the definition of program
receipts and non- general fund programs receipts found
in the Fiscal Procedures Act in accordance with
section 2 of this bill.
Section 2: AS 44.42.060 Page 1, Lines 8-14, Page 2,
Lines 1-3
This section adds that the department may receive
gifts, donations, and grants in accordance with a
memorandum of understanding with the donor party. This
section also outlines that the funds may not be used
until the necessary funds have been collected from the
donor.
1:55:47 PM
MR. MCKEE, in response to a question from Representative Hannan,
clarified that the money is collected up front.
1:56:42 PM
REPRESENTATIVE RAUSCHER added there would be an expectation of
whether the naming of a bridge would be done through donations
or "through the legislature and the money process here at the
state." It could be either, he said, and it would be designated
within legislation put forward.
1:57:28 PM
REPRESENTATIVE RAUSCHER, in response to questions from
Representative Stutes, explained that there is a number assigned
to a bridge, but until the money is collected, the name would
not go up on a sign at that bridge.
1:59:34 PM
CHAIR HOPKINS proffered that if the legislation was moved
forward and passed, the physical sign wouldn't go up until the
state receives the money.
2:00:24 PM
MR. MILLS, in response to a question from Chair Hopkins, walked
the committee through the process. First, a bill would come
before the legislature requesting the naming of a bridge, and
the bill would signify whether the funds would be from a donor
or be paid by the state. If the money were to come from a
donor, then the state would designate [the donor] in state
designated program receipts (SDPR) that the department would
expect to collect, and there would be a memorandum of
understanding (MOU) that would be signed with that party. Mr.
Mills cited the language on page 1, line 14, through page 2,
line 1 of HB 296, as pertaining to this process and protecting
DOT&PF from having to pay for the signage with its own funds.
In conclusion, he confirmed the sign for the bridge would not be
placed until the funds were collected. In response to a follow-
up question from Representative Stutes, he said if a donor died
after making a commitment to pay for a sign on a bridge, then a
new MOU could be drafted. He then suggested that designating
that the money would come from a third party would be one way to
"get around that issue."
2:04:09 PM
MR. MILLS, in response to Representative Hannan, offered his
understanding that "the sweep" [that occurs at the end of a
fiscal year] does not affect statutory designated program
receipts. To another question, he replied that DOT&PF would
collect the funds only when the full amount was available. He
added that a "boiler plate" MOU would be available.
2:05:52 PM
REPRESENTATIVE MCCABE expressed his understanding of the
mechanism proposed under HB 296.
2:06:59 PM
CHAIR HOPKINS noted that he agrees with the mechanism.
2:07:24 PM
REPRESENTATIVE RAUSCHER said HB 296 basically would give the
receipt authority for DOT&PF to collect the funds.
2:07:46 PM
MR. MILLS, in response to Chair Hopkins, clarified that a donor
could gift the actual sign rather than the funds for one to be
made, as long as the sign itself met the standards of DOT&PF.
He then responded to follow-up questions. He said the
department does not "presuppose" price as affected by inflation,
and "would work to make that difference up." He explained that
the authority given would be to spend down to zero, so the
fiscal note would be zero, but would not be "a true zero fiscal
note."
2:09:39 PM
REPRESENTATIVE RAUSCHER, in response to Representative Hannan
regarding the need for this legislation to dedicate bridges,
shared that "one or two votes have not happened because it costs
the state money."
2:10:41 PM
CHAIR HOPKINS offered clarification that HB 296 would not
[preclude other forms of funding].
2:11:12 PM
CHAIR HOPKINS expressed appreciation for the proposed bill.
REPRESENTATIVE RAUSCHER thanked the committee.
2:11:45 PM
CHAIR HOPKINS announced that HB 296 was held over.
2:11:54 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 2:12
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| exor0122.pdf |
HTRA 2/8/2022 1:00:00 PM |
Executive Order 122 - Transfering Certain Duties from DOA to DOTPF |
| HB 296 Sectional Analysis 1.31.2022.pdf |
HTRA 2/8/2022 1:00:00 PM |
HB 296 |
| HB 296 Sponsor Statement .pdf |
HTRA 2/8/2022 1:00:00 PM |
HB 296 |
| Ryan Anderson Resume 2021_Redacted.pdf |
HTRA 2/8/2022 1:00:00 PM |
Confirmation Hearing - Ryan Anderson Commissioner-Designee DOTPF |