Legislature(2003 - 2004)
05/07/2004 09:58 AM House TRA
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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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