Legislature(2023 - 2024)BARNES 124

04/20/2023 01:00 PM House TRANSPORTATION

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 124 LICENSE REQUIREMENTS: COMM. DRIVERS TELECONFERENCED
Moved HB 124 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 128 OIL TERMINAL FACILITY TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                         April 20, 2023                                                                                         
                           1:19 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kevin McCabe, Chair                                                                                              
Representative Sarah Vance, Vice Chair                                                                                          
Representative Tom McKay                                                                                                        
Representative Craig Johnson                                                                                                    
Representative Genevieve Mina                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jesse Sumner                                                                                                     
Representative Louise Stutes                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 128                                                                                                              
"An Act relating to the definition of 'oil terminal facility.'"                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 124                                                                                                              
"An Act relating to commercial motor vehicle drivers' license                                                                   
requirements; and providing for an effective date."                                                                             
                                                                                                                                
     - MOVED HB 124 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 128                                                                                                                  
SHORT TITLE: OIL TERMINAL FACILITY                                                                                              
SPONSOR(s): TRANSPORTATION                                                                                                      
                                                                                                                                
03/22/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/22/23       (H)       TRA                                                                                                    
03/30/23       (H)       TRA AT 1:00 PM BARNES 124                                                                              
03/30/23       (H)       Heard & Held                                                                                           
03/30/23       (H)       MINUTE(TRA)                                                                                            
04/18/23       (H)       TRA AT 1:00 PM BARNES 124                                                                              
04/18/23       (H)       Heard & Held                                                                                           
04/18/23       (H)       MINUTE(TRA)                                                                                            
04/20/23       (H)       TRA AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 124                                                                                                                  
SHORT TITLE: LICENSE REQUIREMENTS: COMM. DRIVERS                                                                                
SPONSOR(s): COULOMBE                                                                                                            
                                                                                                                                
03/17/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/23       (H)       TRA, L&C                                                                                               
04/12/23       (H)       BILL REPRINTED                                                                                         
04/18/23       (H)       TRA AT 1:00 PM BARNES 124                                                                              
04/18/23       (H)       Heard & Held                                                                                           
04/18/23       (H)       MINUTE(TRA)                                                                                            
04/20/23       (H)       TRA AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BUDDY WHITT, Staff                                                                                                              
Representative Kevin McCabe                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Explained   the  changes  in  a  proposed                                                             
committee substitute  for HB  128 on behalf  of the  sponsor, the                                                               
House Transportation Standing  Committee, on which Representative                                                               
McCabe serves as chair.                                                                                                         
                                                                                                                                
REPRESENTATIVE JULIE COLOUMBE                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented HB 124.                                                                      
                                                                                                                                
DANIEL ROBBINS, Staff                                                                                                           
Representative Julie Coloumbe                                                                                                   
Alaska State Legislature                                                                                                        
POSITION STATEMENT:  Answered questions during the hearing on HB
124 on behalf of Representative Coloumbe, prime sponsor.                                                                        
                                                                                                                                
KATI CAPOZZI, President                                                                                                         
Alaska Chamber                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 124.                                                                          
                                                                                                                                
TETYANA ROBBINS, CEO                                                                                                            
Ukraine Relief Program                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 124.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:19:34 PM                                                                                                                    
                                                                                                                                
CHAIR  KEVIN  MCCABE  called the  House  Transportation  Standing                                                             
Committee  meeting to  order  at 1:19  p.m.   Representatives  C.                                                               
Johnson, McKay, Vance, Mina, and  McCabe were present at the call                                                               
to order.                                                                                                                       
                                                                                                                                
                  HB 128-OIL TERMINAL FACILITY                                                                              
                                                                                                                                
1:20:09 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE announced that the  first order of business would be                                                               
HOUSE BILL  NO. 128, "An Act  relating to the definition  of 'oil                                                               
terminal facility.'"                                                                                                            
                                                                                                                                
1:20:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  moved  to  adopt  the  proposed  committee                                                               
substitute    (CS)    for    HB   128,    Version    33-LS0634\U,                                                               
Gunther/Radford, 4/20/23, as a working document.                                                                                
                                                                                                                                
REPRESENTATIVE  MCCABE objected  for the  purpose of  discussion.                                                               
He asked Buddy Whitt to address the changes proposed in the CS.                                                                 
                                                                                                                                
1:21:21 PM                                                                                                                    
                                                                                                                                
BUDDY  WHITT, Staff,  Representative Kevin  McCabe, Alaska  State                                                               
Legislature,  explained the  changes in  the proposed  CS for  HB
128,   Version  U,   on  behalf   of  the   sponsor,  the   House                                                               
Transportation  Standing   Committee,  on   which  Representative                                                               
McCabe  serves as  chair.   He  reviewed that  the original  bill                                                               
contained a  definition of "oil terminal  facility" that included                                                               
two  instances where  a vessel  would be  considered an  oil tank                                                               
facility, and  this caused  concerns among  fuel handlers  in the                                                               
state.   He stated that Version  U was drafted based  on feedback                                                               
from  stakeholders, but  said he  is currently  awaiting feedback                                                               
from the Department of Environmental Conservation (DEC).                                                                        
                                                                                                                                
MR.  WHITT  paraphrased  the sectional  analysis  for  Version  U                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 1   Page 1, lines  4 through 11   adds language                                                                    
     that an approved contingency plan  for a tank vessel or                                                                    
     oil  barge satisfies  the requirement  in  (a) of  this                                                                    
     section   for  contingency   plans  for   oil  terminal                                                                    
     facilities.                                                                                                                
                                                                                                                                
     Section 2    Page 1, line  12 through Page 2,  line 6                                                                      
     adds  language that  proof of  financial ability  for a                                                                    
     tank  or   oil  barge  that  is   approved  under  this                                                                    
     subsection  satisfies the  requirements of  (a) of  the                                                                    
     section  for   proof  of  financial  ability   for  oil                                                                    
     terminal facilities.                                                                                                       
                                                                                                                                
     Section 3    Page 2, lines 12 through 26    changes the                                                                    
     definition of  oil terminal facility to  confirm to the                                                                    
     additions  of sections  one  and  two; specifying  that                                                                    
     when  a tank  vessel or  oil barge  are operating  with                                                                    
     approved  contingency  plans  and  proof  of  financial                                                                    
     ability,   they  are   not  considered   "oil  terminal                                                                    
     facilities".                                                                                                               
                                                                                                                                
     Section  4    Page  2,  line 27     Added an  immediate                                                                    
     effective date to the bill.                                                                                                
                                                                                                                                
1:25:22 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE  removed his  objection to the  motion to  adopt the                                                               
proposed  CS for  HB  128, Version  U.   There  being no  further                                                               
objection, Version U was before the committee.                                                                                  
                                                                                                                                
CHAIR MCCABE announced that HB 128 was held over.                                                                               
                                                                                                                                
1:27:03 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:27 p.m.                                                                                 
                                                                                                                                
           HB 124-LICENSE REQUIREMENTS: COMM. DRIVERS                                                                       
                                                                                                                                
1:27:35 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE announced that the  final order of business would be                                                               
HOUSE BILL NO. 124, "An  Act relating to commercial motor vehicle                                                               
drivers'  license requirements;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
1:28:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JULIE  COLOUMBE,  Alaska  State  Legislature,  as                                                               
prime sponsor,  stated that HB  124 would repeal  the requirement                                                               
that  a  person hold  a  driver's  license  for one  year  before                                                               
applying for a  commercial driver's license (CDL).   She said she                                                               
considers  HB 124  a "workforce  bill,"  in that  the bill  helps                                                               
people start their CDL training faster.                                                                                         
                                                                                                                                
1:28:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  pointed out that the  section that contains                                                               
the  one-year  requirement also  states:    "or meets  experience                                                               
qualifications  established  by  the   department".    She  asked                                                               
Representative Coloumbe if  she has insight on  that provision in                                                               
statute.                                                                                                                        
                                                                                                                                
REPRESENTATIVE COLOUMBE deferred to her staff, Daniel Robbins.                                                                  
                                                                                                                                
DANIEL ROBBINS,  Staff, Representative Julie Coloumbe,  on behalf                                                               
of  Representative Coloumbe,  prime sponsor  of HB  128, answered                                                               
that there have been no  other qualifications developed regarding                                                               
experience.                                                                                                                     
                                                                                                                                
1:30:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY  raised  concern  with  language  barriers,                                                               
specifically  whether  individuals  coming from  other  countries                                                               
understand  English  well  enough   to  get  an  Alaska  driver's                                                               
license.                                                                                                                        
                                                                                                                                
REPRESENTATIVE COLOUMBE  answered that language barriers  are not                                                               
addressed under HB 124.  She  shared that there are some language                                                               
barriers,  but  people  with  such barriers  use  phone  apps  as                                                               
translators.   She said it would  be up to the  people giving the                                                               
training as to whether the  person could communicate clearly, and                                                               
that  if there  is too  much of  a language  barrier, the  person                                                               
would not be able to undergo the training.                                                                                      
                                                                                                                                
1:31:52 PM                                                                                                                    
                                                                                                                                
MR. ROBBINS  shared that  since the  start of  the Russia-Ukraine                                                               
conflict, he has had family members  come to Alaska, and they are                                                               
doing fine  despite English not  being their first language.   He                                                               
stated that the language barrier shouldn't be an issue.                                                                         
                                                                                                                                
1:32:25 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE referenced  comment from the previous  hearing of HB
124, in that the person  must undergo four checkpoints, the first                                                               
of which is  attaining the driver's license, and that  one of the                                                               
first  requirements of  the license  is that  the person  must be                                                               
able to  speak and  understand enough English  to read  signs and                                                               
follow police  officer instructions.   He said that HB  124 could                                                               
aid  in  "filling the  gaps"  that  are  coming  in the  CDL  and                                                               
operator areas.                                                                                                                 
                                                                                                                                
CHAIR MCCABE opened public testimony on HB 124.                                                                                 
                                                                                                                                
1:33:34 PM                                                                                                                    
                                                                                                                                
KATI  CAPOZZI, President,  Alaska Chamber,  said that  the Alaska                                                               
Chamber ("the  Chamber") is in  support of  House Bill 124.   She                                                               
said  the Chamber  was founded  in 1953  and is  Alaska's largest                                                               
statewide business  advocacy organization.   She stated  that the                                                               
Chamber's mission  is to promote  a healthy  business environment                                                               
in  Alaska.   She reported  that the  Chamber has  more than  700                                                               
members  and represents  businesses of  all sizes  and industries                                                               
from  across the  state, representing  58,000 Alaska  workers and                                                               
$4.6 billion in wages.  She  shared that the Chamber has a formal                                                               
policy position to support workforce  development to increase the                                                               
number  of  qualified  employees  needed  to  fill  positions  in                                                               
resource industries, and  that HB 124 would eliminate  one of the                                                               
many  barriers  to entry  for  individuals  seeking a  career  in                                                               
trucking and transportation.                                                                                                    
                                                                                                                                
MS. CAPOZZI said the Federal  Motor Carrier Safety Administration                                                               
(FMCSA)  recently implemented  its  entry  level driver  training                                                               
(ELDT) program, which  establishes "minimum training requirements                                                               
for entry-level commercial motor  vehicle operators."  She stated                                                               
that  this program  was  a  result of  years  of engagement  with                                                               
safety  organizations, industry,  and  other  stakeholders.   She                                                               
explained that  ELDT provides a  checklist of over  100 different                                                               
skills, inspection, and knowledge  requirements an applicant must                                                               
prove to be  proficient in before they are allowed  to test for a                                                               
CDL.   In  considering these  new requirements,  she stated,  the                                                               
requirement  of  holding of  a  regular  driver's license  for  a                                                               
calendar  year  is   a  redundant  barrier  to   entry  into  the                                                               
transportation industry.   She relayed  that the  Chamber members                                                               
know firsthand how vital trained  and licensed CDL drivers are to                                                               
the  Alaska  economy, not  only  in  the resource  industry,  but                                                               
across all industry sectors that  rely on transportation of goods                                                               
and services.   She reiterated that the Chamber  supports HB 124,                                                               
in  that it  is straightforward  and good  for business,  and she                                                               
urged passage of the bill.                                                                                                      
                                                                                                                                
1:36:15 PM                                                                                                                    
                                                                                                                                
TETYANA  ROBBINS, CEO,  Ukraine Relief  Program, said  that since                                                               
May 2022, the Ukraine Relief  Program has provided transportation                                                               
and  support to  over 1,000  Ukrainians that  have fled  the war.                                                               
She stated that  Ukrainian refugees are coming  to Alaska because                                                               
"they are  trying to  stay alive."   She  said that  an important                                                               
phase of the operation is  employment, and that, in reviewing the                                                               
professional  skills  of  the  refugees  coming  to  Alaska,  the                                                               
program  discovered that  many of  the  refugees have  experience                                                               
driving  busses  and  heavy  equipment.     She  said  there  was                                                               
excitement  in  seeing  500  open  positions  available  for  CDL                                                               
licensed drivers; however,  Alaska's statute is out  of sync with                                                               
federal law, forcing  the Ukrainians to wait a  year before being                                                               
able  to apply  for a  CDL.   She  said  she'd hate  to see  such                                                               
professionals leave the  state or switch industries.   She stated                                                               
that  passage of  HB 124  would help  fill the  vacancies in  the                                                               
transportation industry and  help new arrivals to  Alaska work in                                                               
their chosen field.                                                                                                             
                                                                                                                                
1:38:41 PM                                                                                                                    
                                                                                                                                
CHAIR  MCCABE,  after ascertaining  there  was  no one  else  who                                                               
wished to testify, closed public testimony on HB 124.                                                                           
                                                                                                                                
1:39:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE moved  to report  HB 124  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  HB 124 was reported out of the                                                               
House Transportation Standing Committee.                                                                                        
                                                                                                                                
1:39:30 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Transportation Standing  Committee meeting was adjourned  at 1:39                                                               
p.m.                                                                                                                            

Document Name Date/Time Subjects
HB 124 Reseach EconomicPotential_of_AKs_Mining.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Research Alaska Public Media Article 4.11.2023.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Sectional Analysis version A.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Sponsor Statement version A.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 version A.PDF HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Testimony - Alaska Technical Center.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Testimony - Alaska Trucking Assoc..pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Alaska Public Media Article 4.11.2023.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB124 Testimony - Alaska Chamber of Commerce 4.19.23.pdf HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Fiscal Note DOA.pdf HTRA 4/20/2023 1:00:00 PM
HB 124
CSHB128.Version.U.pdf HTRA 4/20/2023 1:00:00 PM
HTRA 4/25/2023 1:00:00 PM
STRA 5/2/2023 1:30:00 PM
HB 128
HB128.Explanation of Changes.Version A to B.pdf HTRA 4/20/2023 1:00:00 PM