Legislature(2021 - 2022)BARNES 124
04/27/2021 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB87 | |
| HB166 | |
| HB160 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 166 | TELECONFERENCED | |
| += | HB 87 | TELECONFERENCED | |
| += | HB 160 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 27, 2021
1:01 p.m.
MEMBERS PRESENT
Representative Grier Hopkins, Chair
Representative Sara Hannan, Vice Chair
Representative Ivy Spohnholz
Representative Harriet Drummond
Representative Tom McKay
Representative Kevin McCabe
Representative Mike Cronk
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 87
"An Act relating to electric-assisted bicycles."
- MOVED HB 87 OUT OF COMMITTEE
HOUSE BILL NO. 166
"An Act relating to the issuance of vehicle registration
plates."
- MOVED HB 166 OUT OF COMMITTEE
HOUSE BILL NO. 160
"An Act relating to the state procurement code; establishing the
construction manager general contractor procurement method; and
providing for an effective date."
- MOVED CSHB 160(TRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 87
SHORT TITLE: ELECTRIC-ASSISTED BICYCLES
SPONSOR(s): REPRESENTATIVE(s) WOOL
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) TRA, JUD
04/20/21 (H) TRA AT 1:00 PM BARNES 124
04/20/21 (H) Heard & Held
04/20/21 (H) MINUTE(TRA)
04/27/21 (H) TRA AT 1:00 PM BARNES 124
BILL: HB 166
SHORT TITLE: ONE LICENSE PLATE PER VEHICLE
SPONSOR(s): REPRESENTATIVE(s) MCCABE
04/07/21 (H) READ THE FIRST TIME - REFERRALS
04/07/21 (H) TRA, FIN
04/20/21 (H) TRA AT 1:00 PM BARNES 124
04/20/21 (H) Heard & Held
04/20/21 (H) MINUTE(TRA)
04/27/21 (H) TRA AT 1:00 PM BARNES 124
BILL: HB 160
SHORT TITLE: PROCUREMENT; CONSTRUCTION; CONTRACTS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/31/21 (H) READ THE FIRST TIME - REFERRALS
03/31/21 (H) TRA
04/15/21 (H) TRA AT 1:00 PM BARNES 124
04/15/21 (H) Heard & Held
04/15/21 (H) MINUTE(TRA)
04/27/21 (H) TRA AT 1:00 PM BARNES 124
WITNESS REGISTER
ASHLEY CARRICK, Staff
Representative Adam Wool
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 87 on behalf of Representative
Wool, prime sponsor.
JOE HARDENBROOK, Staff
Representative Grier Hopkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Conceptual Amendment 1 to HB 160.
MIKE LESMANN, Legislative Liaison
Office of the Commissioner
Department of Transportation and Public Facilities
Juneau, Alaska
POSITION STATEMENT: Explained how Conceptual Amendment would
improve HB 160.
MIKE LUND, Regional Construction Engineer
Northern Region
Department of Transportation and Public Facilities
Fairbanks, Alaska
POSITION STATEMENT: Explained language in Conceptual Amendment
1 to HB 160.
ALICIA SIIRA, Executive Director
Associated General Contractors of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 160, as amended.
SARAH LEFEBVRE
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 160, as amended.
ACTION NARRATIVE
1:01:01 PM
CHAIR GRIER HOPKINS called the House Transportation Standing
Committee meeting to order at 1:01 p.m. Representatives McCabe,
McKay, Cronk, Drummond, Hannan, and Hopkins were present at the
call to order. Representative Spohnholz arrived as the meeting
was in progress.
HB 87-ELECTRIC-ASSISTED BICYCLES
1:01:54 PM
CHAIR HOPKINS announced that the first order of business would
be HOUSE BILL NO. 87, "An Act relating to electric-assisted
bicycles."
1:02:34 PM
ASHLEY CARRICK, Staff, Representative Adam Wool, Alaska State
Legislature, presented HB 87 on behalf of Representative Wool,
prime sponsor. She reviewed that the proposed bill would add
the definition of electric-assisted bicycles to statute so that
they can be regulated as bicycles rather than motor vehicles.
1:03:15 PM
REPRESENTATIVE CRONK noted one outcome of HB 87 would be to
allow electric-assisted bicycles on hunting trails that
currently allow bicycles.
MS. CARRICK confirmed that is correct. She pointed out,
however, that municipalities could choose to ban electric-
assisted bicycles from certain trails via ordinance.
CHAIR HOPKINS offered his understanding that HB 87 would
establish "the electric pedal-assisted bikes as nonmotorized
vehicles." He asked for confirmation that currently they are
not categorized and could go on those trails.
MS. CARRICK responded that's correct.
REPRESENTATIVE CRONK mentioned a specific hunting trail, on
which he said bicycles currently are allowed, and he expressed
concern for the increase in the number of users on that trail,
and others, should HB 87 pass, because electric-assisted
bicycles, which have motors, would also be used on the trail.
He asked whether the sponsor had held conversations with the
Alaska Department of Fish & Game (ADF&G) on this topic.
MS. CARRICK answered that the sponsor has "had conversations in
the past" when sponsoring the previous iteration of this
legislation, which she indicated was the impetus to limit the
legislation to pedal-assisted bikes as opposed to throttle-
controlled bikes. The bicycles being defined under HB 87 are
those that reach a maximum speed of 28 miles per hour (mph)
while being pedaled. She suggested those factors may adequately
assuage Representative Cronk's concerns.
CHAIR HOPKINS added that electric-assisted bicycles are "fairly
quiet."
1:08:01 PM
REPRESENTATIVE MCCABE proffered that there is a difference
between "motor vehicle," a category from which HB 87 would
remove electric-assisted bicycles, and "a motorized vehicle,"
which he offered his understanding is referenced in ADF&G's
hunting regulations; therefore, he surmised that ADF&G's
regulation could still prohibit the use of electric-assisted
bicycles [on hunting trails].
CHAIR HOPKINS concurred that there is "a way around this."
1:09:12 PM
REPRESENTATIVE HANNAN moved to report HB 87 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 87 was reported out of the
House Transportation Standing Committee.
1:09:33 PM
The committee took an at-ease from 1:09 p.m. to 1:11 p.m.
HB 166-ONE LICENSE PLATE PER VEHICLE
1:11:05 PM
CHAIR HOPKINS announced that the next order of business would be
HOUSE BILL NO. 166, "An Act relating to the issuance of vehicle
registration plates."
1:11:08 PM
REPRESENTATIVE MCCABE, as prime sponsor, presented HB 166. He
said at its last hearing of the bill, the committee had asked to
hear from local members of law enforcement. He said he left
numerous messages for the Anchorage Police Department (APD) but
surmised he had not heard back because of a command structure
change. He said he spoke with Joel Smith, Chief of Police, City
of Wasilla, and he offered his understanding that Chief Smith,
like the Department of Public Safety (DPS), takes no position on
HB 166 but does not have an issue with it since it would not put
his officers at risk and is not a safety issue, thus is
something that he could "work around." He then indicated he had
contacted the Fairbanks post of the Alaska State Troopers and
understood that entity to say it took no official position on HB
87. The person he spoke with told him the front license plate
is not visible at night; only the back plate is required to be
lighted to show the registration tag. He was told the front
plate provides no assistance to the troopers in Fairbanks.
REPRESENTATIVE MCCABE shared that he had spoken with Trooper
Jessica McIntyre of the Ohio State Highway Patrol, who said
Ohio's recent roll-out of the single rear license plate has been
seamless, with no decrease in the troopers' abilities to do
their jobs. From Alaska's DPS Commissioner James Cockrell, he
indicated confirmation of DPS having no official stance on HB
166. He remarked that on a recent trip to Anchorage, he took
note of vehicles and estimated 2 out of 10 had no front plates,
and of those that did, many were muddy. Even at slow speeds, he
said he could not read the front plates. He said he contacted
the Department of Corrections (DOC) because at the previous
meeting someone had expressed concern that parolees could be
found to be violating parole if their front plates were
missing, and Director Jennifer Winkleman [of the Division of
Pretrial, Probation and Parole] indicated that she knows of no
instance when that has occurred. Lieutenant Eric Olsen, who had
testified during the last hearing, offered follow-up information
that DPS cannot confirm the number of incidents or cases that
originated from a front license plate or lack thereof. He
reported that Kelly Howell (ph) said the examples provided were
an informal survey of troopers in the field and the feedback
offered on their experience.
REPRESENTATIVE MCCABE said he thinks "these commonsense changes"
should be made. He recounted a conversation with Representative
Spohnholz during which she had recommended a more surgical
approach to budget trimming. He noted that Governor Mike
Dunleavy had proposed removing several DMV locations, which he
indicated the legislature did not support. That measure would
have saved the state approximately half a million dollars.
Representative McCabe pointed out that "just by moving a piece
of tin from the front of your car," the state could save over
half that amount. He expressed his desire to see HB 166
reported out of committee today.
1:16:34 PM
CHAIR HOPKINS relayed that the committee had received two
letters since its last hearing on HB 166: one letter of support
from the owner of Fairbanks Nissan, and one letter of opposition
from the APD Employees Association.
1:17:00 PM
CHAIR HOPKINS opened public testimony on HB 166. After
ascertaining no one wished to testify, he closed public
testimony.
1:17:44 PM
REPRESENTATIVE HANNAN, for the purpose of clarification,
explained that although she would be offering the upcoming
motion, she would be a "no" vote on HB 166. She explained that
the Juneau Police Department (JPD) and APD have concerns related
to removing the second license plate. She opined this was not a
budget solution but rather "a solution looking for a problem."
1:18:44 PM
CHAIR HOPKINS said he shared concerns for law enforcement but
would be a "yes" vote, because he thinks it would reduce
unwarranted traffic stops.
1:19:35 PM
REPRESENTATIVE HANNAN moved to report HB 166 out of committee
with individual recommendations and the accompanying fiscal
notes.
1:19:48 PM
REPRESENTATIVE HANNAN objected.
1:19:52 PM
A roll call vote was taken. Representatives Drummond, McKay,
McCabe, Cronk, and Hopkins voted in favor of the motion to
report HB 166 out of committee with individual recommendations
and the accompanying fiscal notes.. Representative Hannan voted
against it. Therefore, HB 166 was reported out of the House
Transportation Standing Committee by a vote of 5-1.
1:20:27 PM
The committee took an at-ease from 1:20 p.m. to 1:21 p.m.
HB 160-PROCUREMENT; CONSTRUCTION; CONTRACTS
1:21:54 PM
CHAIR HOPKINS announced that the final order of business would
be HOUSE BILL NO. 160, "An Act relating to the state procurement
code; establishing the construction manager general contractor
procurement method; and providing for an effective date."
1:23:16 PM
REPRESENTATIVE HANNAN moved to adopted Conceptual Amendment 1 to
HB 160, which read as follows [original punctuation provided]:
Page 2, line 5
Following "the Department of Transportation &
Public Facilities may,"
Insert "through the competitive sealed proposal
process"
Page 2, line 10
Following "construction phase"
Delete "through the competitive sealed proposal
process"
Page 2, line 11
Following "the department"
Delete "shall"
Insert "may"
The committee authorizes the Legislative Legal
Services division to make technical and conforming
changes to the committee substitute for HB 160.
1:23:28 PM
JOE HARDENBROOK, Staff, Representative Grier Hopkins, Alaska
State Legislature, explained Conceptual Amendment 1 to HB 160.
He said the amendment was available in the committee packet,
with the second page showing how it is incorporated into HB 160.
1:25:34 PM
MIKE LESMANN, Legislative Liaison, Office of the Commissioner,
Department of Transportation and Public Facilities, explained
how Conceptual Amendment 1 would improve HB 160. He explained
that moving the words "through the competitive proposal sealed
process" from page 2, line 10, to line 5 clarifies that the
construction manager/general contractor (CM/GC) really starts
with that competitive sealed proposal process and takes care of
the phase of pre-construction services. He explained the change
from "shall" to "may" would help the contracting community
better understand the process. He deferred to Mike Lund for
further explanation.
1:26:23 PM
MIKE LUND, Regional Construction Engineer, Northern Region,
Department of Transportation and Public Facilities, regarding
the change from "shall" to "may" explained that the process is
further clarified in [subsections] (b) and (c) as to when those
actions would take place and related to whether or not costs can
be negotiated. Further, he said "may" would provide protection
for the owner or the State of Alaska in the event, for example,
that a cost is negotiated but funding is not available to
proceed with the construction contract. He said, "It provides
an avenue for the State of Alaska or the Department of
Transportation [& Public Facilities] to ... have an out even if
we can still satisfy a fair negotiation of costs."
1:27:45 PM
CHAIR HOPKINS opened public testimony on HB 160, as amended.
1:28:06 PM
ALICIA SIIRA, Executive Director, Associated General Contractors
of Alaska (AGC), stated that AGC supports having CM/GC as an
additional tool in the toolbox. She said AGC represents over
600 members. She said CM/GC is a common and accepted
alternative delivery project method of construction used in
Alaska for over a decade. She asked that the committee remember
that CM/GC is but one tool, and she asked for transparency and
ample review when using it, in order to ensure the best value
for the state. She stated that HB 160 would benefit the
construction industry and the state by modifying procurement
statutes to codify the CM/GC procurement process, thus allowing
DOT&PF to use the process without having to submit an innovative
procurement request with the Department of Law and the Federal
Highway Administration (FHWA) or the Federal Aviation
Administration (FAA) for each project. She stated, "This bill
will modernize, clarify, and improve the state's procurement
process and align Alaska with a majority of other states."
Further, passage of HB 160 would allow the industry to
participate in the development of a regulatory package to
address concerns about consistency in the use of CM/GC on
projects. She said AGC requests a seat at the table for this
process. She noted that the association has compiled a list of
best practices within Alaska and in other states that it looks
forward to sharing with DOT&PF partners. She said AGC supports
the amendments to HB 160 discussed earlier in this hearing.
1:31:15 PM
SARAH LEFEBVRE shared that she works for a statewide contractor
in its Fairbanks office and has been in the construction
industry for over 23 years. She said passage of the proposed
legislation would ensure that CM/GC would be applied more
consistently and transparently. Putting the process in statute
would allow DOT&PF to move forward in completing regulations and
completing a handbook that has existed in draft form for a
couple years. She said the construction community is excited
about the possibility of additional infrastructure funds through
the state from the federal level but is concerned that DOT&PF
"may need some more opportunities in the future to move projects
forwards," and having CM/GC as a tool will facilitate this. She
closed by stating her support of [Conceptual Amendment 1] to HB
160.
1:33:04 PM
CHAIR HOPKINS, after ascertaining there was no one else who
wished to testify, closed public testimony on HB 160.
1:33:17 PM
MR. LESMANN thanked the committee and staff for working on HB
160.
1:33:50 PM
REPRESENTATIVE HANNAN moved to report HB 160, [as amended], out
of committee with individual recommendations and the
accompanying zero fiscal notes, and with authorization for
Legislative Legal Services to make technical and conforming
changes.
1:34:19 PM
CHAIR HOPKINS objected for the purpose of taking the time to
thank Mr. Lesmann for his service. He then removed his
objection. There being no further objection, CSHB 160(TRA) was
reported out of the House Transportation Standing Committee.
1:37:56 PM
The committee took an at-ease from 1:38 p.m. to 1:40 p.m.
1:40:22 PM
CHAIR HOPKINS announced Representative Spohnholz had arrived for
the signing of the bills.
The committee took an at-ease from 1:40 p.m. to 1:42 p.m.
1:42:44 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 1:43
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 166 Letter of Support Leon Smith 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 166 |
| HB 87 Supporting Document - People for Bikes Letter 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 87 |
| HB 166 Letter of Opposition APDEA 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 166 |
| HB 160 - CMGC Award Process - Flow Chart STEP 1 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 160 |
| HB 160 - CMGC Award Process - Flow Chart STEP 2 4.27.2021.pdf |
HTRA 4/27/2021 1:00:00 PM |
HB 160 |