Legislature(1993 - 1994)
03/22/1994 05:00 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
March 22, 1994
5:00 p.m.
MEMBERS PRESENT
Representative Gary Davis, Vice-Chair
Representative Bill Hudson
Representative Eldon Mulder
Representative Al Vezey
MEMBERS ABSENT
Representative Richard Foster, Chair
Representative Curt Menard
Representative Jerry Mackie
COMMITTEE CALENDAR
Geophysical Institute presentation on ash cloud problems.
*HB 301: "An Act prohibiting the sale of certain studded
tires or the sale of certain studs to be installed
in tires; and providing for an effective date."
SSHB 301 MOVED OUT OF COMMITTEE
SB 152: "An Act changing the frequency of certain state
inspections of weights and measures and relating
to the issuance of citations for weights and
measures violations."
MOVED OUT OF COMMITTEE
(* First public hearing.)
WITNESS REGISTER
MERRITT HELFFERICH
Geophysical Institute
University of Alaska, Fairbanks
P.O. Box 80769
Fairbanks, Alaska 99708
474-7790
Position Statement: Provided input on ash cloud data study
REPRESENTATIVE JOHN DAVIES
Alaska State Legislature
State Capitol, Room 418
Juneau, Alaska 99801
465-4457
Position Statement: Provided input on ash cloud data study
REPRESENTATIVE MARK HANLEY
Alaska State Legislature
State Capitol, Room 515
Juneau, Alaska 99801
465-4939
Position Statement: Sponsor of SSHB 301
BRUCE CAMPBELL, Commissioner
Department of Transportation/Public Facilities
3132 Channel Drive
Juneau, Alaska 99801
465-3901
Position Statement: Provided input on SSHB 301
REPRESENTATIVE GAIL PHILLIPS
Alaska State Legislature
State Capitol, Room 216
Juneau, Alaska 99801
465-2689
Position Statement: Testified in favor of SSHB 301
WENDY MULDER, Assistant
Department of Commerce and Economic Development
9th Floor, State Office Building
Juneau, Alaska 99811
465-2500
Position Statement: Testified in support of SB 152
PREVIOUS ACTION
BILL: HB 301
SHORT TITLE: BAN SALE OF SOME STUDDED TIRES AND STUDS
BILL VERSION: SSHB 301
SPONSOR(S): REPRESENTATIVE(S) HANLEY,Finkelstein
JRN-DATE JRN-PG ACTION
05/06/93 1665 (H) READ THE FIRST TIME/REFERRAL(S)
05/06/93 1665 (H) TRA, L&C, FINANCE
05/07/93 1695 (H) COSPONSOR(S): FINKELSTEIN
03/15/94 2813 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
03/15/94 2813 (H) TRA, LABOR & COMMERCE, FINANCE
03/22/94 (H) TRA AT 05:00 PM CAPITOL 17
BILL: SB 152
SHORT TITLE: WEIGHTS & MEASURES: INSPECTIONS/CITATIONS
SPONSOR(S): JUDICIARY
JRN-DATE JRN-PG ACTION
03/08/93 658 (S) READ THE FIRST TIME/REFERRAL(S)
03/08/93 658 (S) LABOR AND COMMERCE, JUDICIARY
03/16/93 (S) L&C AT 01:45 PM FAHRENKAMP
ROOM 203
03/16/93 (S) MINUTE(L&C)
03/18/93 848 (S) L&C RPT 1DP 3NR 1AM
03/18/93 848 (S) ZERO FISCAL NOTE (DCED)
03/22/93 (S) JUD AT 01:30 PM BELTZ RM 211
03/22/93 (S) MINUTE(JUD)
03/24/93 (S) JUD AT 01:30 PM BELTZ RM 211
03/24/93 (S) MINUTE(JUD)
03/29/93 (S) JUD AT 01:30 PM BELTZ RM 211
03/29/93 (S) MINUTE(JUD)
03/31/93 1003 (S) JUD RPT 3DP 1NR
03/31/93 1003 (S) ZERO FISCAL NOTE (DCRA)
03/31/93 1003 (S) PREVIOUS ZERO FN (DCED)
03/31/93 (S) MINUTE(RLS)
04/07/93 1220 (S) RULES 3CAL 1NR 4/7/93
04/07/93 1248 (S) READ THE SECOND TIME
04/07/93 1248 (S) ADVANCED TO THIRD READING UNAN
CONSENT
04/07/93 1248 (S) READ THE THIRD TIME SB 152
04/07/93 1249 (S) PASSED Y20 N-
04/07/93 1260 (S) TRANSMITTED TO (H)
04/08/93 1101 (H) READ THE FIRST TIME/REFERRAL(S)
04/08/93 1101 (H) TRANSPORTATION
03/22/94 (H) TRA AT 05:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 94-13, SIDE A
Number 000
VICE CHAIR DAVIS called the meeting to order at 5:11 p.m.
Number 016
MERIT HELFFERICH, from the Geophysical Institute at the
University of Alaska, Fairbanks, stated that the atmospheric
scientists at the geophysical program had used a
supercomputer to model the movement of an ash cloud, after
$80 million of aircraft damage from the Mt. Redoubt
eruption. He then proceeded to show a video tape which
illustrated ash cloud movement (copies are available from
the Geophysical Institute, University of Alaska, Fairbanks).
Number 200
When the video concluded, MR. HELFFERICH asked if there were
any questions from the committee.
Number 216
REPRESENTATIVE VEZEY asked if the volcanoes were selected
because of seismic activity or because of their location in
proximity of the Anchorage International Airport.
Number 220
REPRESENTATIVE DAVIES responded that they were selected for
both criteria.
Number 231
REPRESENTATIVE VEZEY stated that the animation [on the
video] was quite nice, but it wasn't the kind of data which
would allow a pilot to avoid a collision course with an ash
plume. He wondered what it would be translated into in
terms of pilot data.
Number 240
MR. HELFFERICH responded that a pilot traveling into
Anchorage could see if there was clear weather, and this
could be made available at air traffic control so that they
could divert aircraft around the ash cloud.
Number 258
REPRESENTATIVE VEZEY asked Mr. Helfferich what sort of
information they would be providing to air traffic control.
Number 262
REPRESENTATIVE DAVIES responded that this is a research
project, and once developed, it will be given to the FAA to
develop in a way in which they could actually use the
information to specify, with more compactness, where the
actual danger is.
Number 278
REPRESENTATIVE HUDSON asked if the prevailing winds go both
ways.
REPRESENTATIVE DAVIES and MR. HELFFERICH both responded that
the winds can go both ways, but there is a northeasterly
trend.
Number 291
REPRESENTATIVE DAVIES stated that the economic point of the
presentation is that, with improved data such as that
presented in the meeting, the FAA could have enough
information, if the volcano erupts, to keep air traffic
flying, rather than shutting down, as is currently the case.
Number 300
REPRESENTATIVE HUDSON asked how long air operations were
impacted.
Number 301
REPRESENTATIVE DAVIES responded that they were impacted for
about three days.
Number 312
REPRESENTATIVE DAVIS thanked Representative Davies and Mr.
Helfferich, and acknowledged the presence of Representative
Hanley, who was to testify as sponsor of SSHB 301.
HB 301 - BAN SALE OF SOME STUDDED TIRES AND STUDS
Number 315
REPRESENTATIVE MARK HANLEY, Prime Sponsor, introduced SSHB
301 by stating that the wear on roads due to the use of
studded tires is documented. He referred to his sponsor
statement, which cites the pavement damage per vehicle, per
40,000 miles of travel, to cost between $133 and $266. He
added that, particularly in European countries, studies have
shown that the use of lightweight studs reduces the wear on
the roads by up to 50%, thus illustrating that the weight of
the studs contributes greatly to the pavement damage. He
said SSHB 301 would require the use of lightweight studs in
Alaska, starting in 1998, although he made the point that
the date could be moved if necessary -- it wasn't the
sponsor's intention to unduly burden merchants.
REPRESENTATIVE HANLEY suggested that, though he had been
approached about banning studs altogether, he wasn't sure
that such an action would be politically feasible; in fact,
he added, studies suggest there are significant safety
benefits to studded snow tires and the actual reduction in
accidents is worth the road wear. He also discussed the
hardness of the road relative to the studs and said that
Commissioner Campbell may wish to comment on this.
Number 387
COMMISSIONER BRUCE CAMPBELL, Department of Transportation
and Public Facilities, stated that Representative Hanley had
touched on the highlights fairly well, but he wished to add
that the safety differences between Scandinavian countries
and Alaska is that they basically have only one system of
highways, and their highways are essentially all alike,
while in Alaska there are certain classes of roads which are
interstate or major feeders, and subdivision roads -- the
major roads are usually ice free, so the studs do more
damage. On bare pavement, studs are less efficient for
stopping.
COMMISSIONER CAMPBELL added that he wished to have an
amendment made regarding the hardness and the diameter, and
stressed that this is a good area to compensate for the cuts
in the maintenance budget which the Finance subcommittee has
indicated are coming. He concluded that, at the moment, a
test was being conducted at the University of Alaska,
Fairbanks, to see if there are alternative solutions; but
for now, SSHB 301 is a good compromise.
Number 518
REPRESENTATIVE VEZEY asked the commissioner what the
hardness of the average aggregate is.
Number 520
COMMISSIONER CAMPBELL responded that it is approximately 64
on the Rockwell scale, but that it varies tremendously
around the state -- 64 would be the maximum.
Number 560
REPRESENTATIVE DAVIS asked Representative Phillips if she
wished to testify regarding the stud issue.
Number 561
REPRESENTATIVE PHILLIPS laughed and affirmed Representative
Davis' question, stating that she has driven on steel belted
all-weather radial tires for the last 26 years, in
Southcentral Alaska, and is a firm believer in all-weather
radials. She added that she would endorse Representative
Hanley's bill as the first step, and certainly a part of
improving the budget situation.
Number 590
REPRESENTATIVE DAVIS asked Representative Hanley if he had
any reaction to the amendment proposed by Commissioner
Campbell.
Number 594
REPRESENTATIVE HANLEY responded that he had no problem with
the diameter clarification, and his only concern was that he
doesn't want to get to the point where a game of chicken is
being played -- he did not intend to outlaw studs entirely,
just to modify the hardness, and not be involved in a
roundabout method of outlawing them altogether.
Number 601
REPRESENTATIVE HUDSON made the point that this harkened back
to the time certain paint was outlawed; none could be sold
and yet anyone that had an outdrive ended up shipping it up
from Seattle, so that, ultimately, the law was taken off the
books again. He concluded that, if the alternate hardness
studs were not available, he'd be hesitant to require their
use.
REPRESENTATIVE DAVIS suggested that hopefully the next
committee of referral could research further to see if the
hardness factor can be met, and he would like to see the
bill moved on.
Number 625
REPRESENTATIVE MULDER moved that SSHB 301 be moved from
committee with the attached positive fiscal note and
individual recommendations.
Number 627
REPRESENTATIVE DAVIS asked if there were objections; there
were none, and so he declared SSHB 301 to be moved from
committee.
TAPE 94-13, SIDE B
Number 000
REPRESENTATIVE DAVIS asked "Mrs. Mulder" to introduce SB
152.
SB 152 - WEIGHTS & MEASURES: INSPECTIONS/CITATIONS
Number 003
WENDY MULDER introduced herself as special assistant to
Commissioner Paul Fuhs, Department of Commerce and Economic
Development, adding that there were three components to the
bill: the air carriers, and weights and measures, or
measuring devices. She stated that SB 152 would provide for
the reestablishment of the weights and measures officials'
authority allowing for effective administration and
enforcement of the weights and measures regulations and,
specifically, provide the authority to effectively enforce
the registration fee requirements of the regulations.
In addition, MRS. MULDER stated, SB 152 would provide for
the ability to increase program receipts by ensuring that
all who are obliged to register weighing and measuring
devices will register and pay the fee, and that the director
would have the ability to better utilize available resources
and improve the level of coverage of the state with an
increase in the number if devices inspected and registered.
The present law requires twice annual inspection for all
weighing and measuring devices in the state. She said SB
152 would allow the director to reduce the frequency of
testing of certain types of devices that, through
experience, do not require such frequent testing.
MRS. MULDER concluded by saying that the proposed changes
would expedite collection of device registration fees and
place basic policy powers in the day-to-day weights and
measures regulatory process. Reducing the twice annual
field device inspections would put the state and the
division closer to a legal operation, as well as allowing
the director flexibility to efficiently administer the
weights and measures program.
Number 088
REPRESENTATIVE VEZEY asked for clarification on the
frequency of inspections.
MRS. MULDER responded that the current statutory requirement
is that inspections be done semi-annually, but that, because
of the budget constraints, those inspections are only being
done annually, although some inspections are being done
twice.
Number 102
REPRESENTATIVE VEZEY asked if the measuring devices drift
considerably more if there is one year between calibrations.
Number 105
MRS. MULDER responded that as long as the devices are tested
and sealed, and the seals are not tampered with, there will
be very little problem with enforcement.
Number 113
REPRESENTATIVE VEZEY stated that the question was not one of
legality, but of the technical accuracy of the measuring
device.
Number 118
MRS. MULDER responded that the answer was no; there is very
little variation between six months and one year in the
accuracy of the scales, as long as the seal has not been
tampered with.
Number 128
REPRESENTATIVE VEZEY asked if there are reports from the
National Standards Institute which indicate that once a year
is a reasonable frequency of calibration.
Number 131
MRS. MULDER responded in the negative, stating that she only
has the data from her directors.
Number 141
REPRESENTATIVE VEZEY stated that he had asked because of the
problem with federal oversight, and that the feds require
more frequent calibration, but his understanding from Mrs.
Mulder was that she had data which reassured the department
that the consumers would be at little risk if scales were
only calibrated annually.
Number 151
MRS. MULDER responded that Representative Vezey's
understanding was in fact what the DCED believes is the
case. She added that it must be remembered that the DCED
has, since 1986, only been doing the
inspections/calibrations once a year, although some places
do get them twice a year. She also stated that the
department feels that it's not the calibration that is the
biggest concern.
Number 160
REPRESENTATIVE VEZEY stated that he could see the truckers
descending upon the legislature en masse if they felt that
any weight was being deprived them due to faulty scales.
MRS. MULDER responded that truck scales are done more often;
the intent here is to not have to go to Nakanak twice a year
to check the fish scales.
Number 183
REPRESENTATIVE VEZEY stated that it seems like it would
behoove everyone to have a provision allowing for an
independent agency to perform the inspections.
Number 193
MRS. MULDER responded that she had no problem with that.
Number 197
REPRESENTATIVE DAVIS asked if there were currently contract
operators who do calibration.
Number 201
MRS. MULDER and REPRESENTATIVE VEZEY both responded in the
negative.
Number 207
REPRESENTATIVE DAVIS asked if Section 2 relates to truck
scales, and if the change to annually would also apply to
that statute.
Number 223
MRS. MULDER responded that Section 2 just gives the
department the right to enforce this chapter in cases of
violations.
Number 236
REPRESENTATIVE DAVIS asked if Section 2 came about like EO
89, and if there was less interest from the administration
in transferring this due to their feelings regarding EO 89.
Number 246
MRS. MULDER responded that EO 89 dealt primarily with the
trucking issue, and the DCED already has enforcement powers
for the trucks; SB 152 would give it enforcement powers for
the other scales. She concluded that she didn't think this
was a concern for the administration like EO 89 had been.
Number 250
REPRESENTATIVE MULDER asked Mrs. Mulder to explain Section
2.
Number 254
MRS. MULDER explained that Section 2 clarifies offenses and
penalties in cases of violation regarding the use of certain
weighing devices.
REPRESENTATIVE VEZEY stated that he hoped we wouldn't be
inadvertently grabbing batch plants in this legislation, and
referred to buying concrete not by the pound but by the
yard.
MRS. MULDER said that hadn't been a problem; no one had ever
screamed and yelled about that, and this bill had made it
all the way through the Senate.
Number 278
REPRESENTATIVE VEZEY responded that we all know the Senate
doesn't understand the problem.
Number 280
REPRESENTATIVE DAVIS suggested that the next committee look
into Representative Vezey's asphalt concern.
Number 285
REPRESENTATIVE HUDSON moved that SB 152 be passed from
committee with individual recommendations and the attached
fiscal notes.
Number 291
REPRESENTATIVE DAVIS asked if there were any objections.
There were none, and so SB 152 was declared to be moved from
committee.
Number 296
REPRESENTATIVE DAVIS adjourned the meeting at 6:15 p.m.
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