Legislature(2023 - 2024)BARNES 124
04/18/2023 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB124 | |
| Confirmation Hearing(s): Board of Marine Pilots | |
| HB128 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 124 | TELECONFERENCED | |
| += | HB 128 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 18, 2023
1:02 p.m.
MEMBERS PRESENT
Representative Kevin McCabe, Chair
Representative Sarah Vance, Vice Chair
Representative Tom McKay
Representative Craig Johnson
Representative Jesse Sumner
Representative Louise Stutes
Representative Genevieve Mina
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 124
"An Act relating to commercial motor vehicle drivers' license
requirements; and providing for an effective date."
- HEARD & HELD
CONFIRMATION HEARING(S):
Board Of Marine Pilots
Edward Sinclair - Juneau
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 128
"An Act relating to the definition of 'oil terminal facility.'"
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 124
SHORT TITLE: LICENSE REQUIREMENTS: COMM. DRIVERS
SPONSOR(s): REPRESENTATIVE(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
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
WITNESS REGISTER
REPRESENTATIVE JULIE COULOMBE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 124.
DANIEL ROBINS, Staff
Representative Julie Coulombe
Alaska State Legislature
POSITION STATEMENT: Provided the sectional analysis of HB 124
on behalf of Representative Coulombe, prime sponsor.
JOE MICHEL, Executive Director
Alaska Trucking Association
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony on HB 124.
JOEY CRUM, President and CEO
Northern Industrial Training
Palmer, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB
124.
EDWARD SINCLAIR, Appointee
Board of Marine Pilots
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Marine Pilots.
BUDDY WHITT, Staff
Representative Kevin McCabe
Alaska State Legislature
POSITION STATEMENT: Spoke on HB 128 on behalf of the sponsor,
the House Transportation Committee, on which Representative
McCabe serves as chair.
KEVIN O'SHEA, President
Alaska Fuel Storage Handlers Alliance
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 128.
ACTION NARRATIVE
1:02:11 PM
CHAIR KEVIN MCCABE called the House Transportation Standing
Committee meeting to order at 1:02 p.m. Representatives McKay,
Vance, Stutes, Mina, and McCabe were present at the call to
order. Representatives Sumner and C. Johnson arrived as the
meeting was in progress.
HB 124-LICENSE REQUIREMENTS: COMM. DRIVERS
1:04:15 PM
CHAIR MCCABE announced that the first 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."
1:05:10 PM
REPRESENTATIVE JULIE COULOMBE, Alaska State Legislature, as
prime sponsor, presented HB 124. She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 124 repeals the requirement in AS
28.33.100(a)(2) that requires applicants for a
Commercial Driver's License (CDL) to hold a regular
Alaska driver's license for at least one year before
they can begin the process of obtaining a CDL.
This requirement was enacted in 1985 before state and
federal regulators modernized the training and
licensing standards for CDLs. Today, an individual
seeking a CDL has an extensive training and testing
process to go through to ensure they are ready to
safely drive commercial vehicles.
On the state level, a prospective commercial driver
must pass a written test at the DMV to obtain a CDL
Learners Permit and then a driving test to obtain
their full license. Beginning in February 2022,
federally mandated Entry Level Driver Training (ELDT)
requirements must also be met during the CDL Learner's
Permit stage. ELDT requires comprehensive theory
testing and a driving evaluation process to ensure
that CDL applicants possess the necessary skills and
knowledge to operate commercial vehicles safely and
efficiently. With these new safety and training
standards, the one-year regular driver's license
requirement now only serves as a barrier to workforce
development.
The Alaska Trucking Association estimates that Alaska
is about 500 truck drivers short, presenting a risk
both to food security and major new development
projects in industries like construction, mining, oil
and gas, etc. For young people in urban areas, getting
a driver's license at 16 is common. However, for
people coming from rural communities, a growing number
of urban youth waiting to get their license, and
newcomers to the county (including Ukrainian
refugees), the year-long wait to start the licensing
process often prevents the trucking industry from
being a viable career option.
Repealing the one-year regular driver's license
requirement aligns Alaska's CDL requirements with
modern federal standards and removes a barrier to a
workforce that, although relatively small, is ready
and willing. With the passage of HB 124, Alaska will
better be able to meet our commercial vehicle needs
and empower Alaskans to pursue meaningful employment
critical to our state."
1:08:43 PM
DANIEL ROBINS, Staff, Representative Julie Coulombe, on behalf
of Representative Coulombe, prime sponsor, provided the
sectional analysis for HB 124 [included in the committee
packet], which read as follows [original punctuation provided]:
Sec 1. Amends AS 28.33.100(a) to remove subsection
(2) which requires an applicant for a Commercial
Driver's License to have held a regular driver's
license for at least one year before beginning the CDL
certification process.
Sec 2. Sets January 20, 2024, effective date.
1:10:26 PM
REPRESENTATIVE STUTES asked how long commercial driver's license
(CDL) training is.
MR. ROBINS answered that getting a permit and a CDL takes about
three to four weeks. In response to a follow-up question, he
clarified that an applicant must first get a permit CDL before
acquiring a CDL.
1:11:43 PM
JOE MICHEL, Executive Director, Alaska Trucking Association
(ATA), stated ATA fully supports HB 124. He said the passage of
HB 124 would eliminate one of many barriers to entry for people
to begin a career in trucking and transportation. He said that
in February 2022, the Federal Motor Carrier Safety
Administration (FMCSA) implemented its entry level driver
training (ELDT) program, establishing "minimum training
requirements for entry-level commercial motor vehicle
operators." He shared that this program came from years of
engagement with safety organizations, industry, and other
stakeholders, and provides a checklist of over 100 different
skill, inspection, and knowledge requirements applicants must
prove proficient in before they are allowed to test for a CDL.
Considering these new requirements, he said that the association
views holding a regular driver's license for a calendar year as
a redundant barrier to entry into the industry.
MR. MICHEL told members to consider that potential truck drivers
undergo four skill tests before being out on Alaska roads: a
driving test by the Division of Motor Vehicles (DMV) to obtain a
regular driver's license; a test during the ELDT program,
administered by a registered training provider; the CDL test
administered by the DMV; and a competency test administered by
the companies that hire the drivers. He stated that ATA feels
these checkpoints are adequate to ensure safety. He pointed out
that there is a small but growing group of truck drivers from
outside of the United States that have chosen to make Alaska
their home, who are qualified and want to work at their chosen
profession but must wait a year before they can earn for their
families and themselves. He said these newcomers to Alaska
still would have to take ELDT and prove their skill set. He
commented that HB 124 would allow these potential drivers a
chance to earn a living sooner than under current laws, and he
reiterated that the ATA encourages the passage of HB 124.
1:14:22 PM
REPRESENTATIVE MINA asked Mr. Michel what the training standards
are in other states, and if others also have one-year
requirements.
MR. MICHEL answered that it is a "patchwork" in other states.
He elaborated that there are states that do not have a one-year
driver's license requirement, and he shared that Ukrainian
refugees who came to Alaska had moved to Pennsylvania since they
were unaware of the requirement.
REPRESENTATIVE MINA inquired about seasonal truck drivers.
MR. MICHEL said there are many drivers that do seasonal work,
whether it be doing long hauls in the Lower 48 and then coming
to Alaska, or working during oil season and taking summers off,
as examples.
REPRESENTATIVE MINA, noting that seasonal workers hold CDLs,
asked how the one-year Alaska license requirement has impacted
non-residents who are working in the state as truckers.
MR. MICHEL answered that 95 percent of regulations around
trucking are done on a national level, thus, the CDL is
transferrable throughout the nation.
1:16:46 PM
MR. MICHEL, in response to Representative Stutes, repeated the
four skills test steps he had previously outlined.
1:18:22 PM
JOEY CRUM, President and CEO, Northern Industrial Training
(NIT), explained NIT trains people to enter the workforce, and
its workforce development specialists work with employers and
community organizations to determine what needs to be done to
prepare a local workforce for opportunity. He said that NIT's
strongest program trains people to drive commercial vehicles,
and that people statewide come to NIT's various facilities in
Alaska. He shared that HB 124 would remove a barrier in
workforce flow, and that NIT has seen young people attempt to
attain a CDL but lose interest due to current statute.
MR. CRUM opined that HB 124 is necessary because it would help
people by removing an outdated barrier that requires people to
test for a regular driver's license before being able to test
for a CDL. He said that new federal rules that were established
on 2/7/22 make the current statute moot. He explained that the
new regulations, ELDT, require additional levels of training and
screening. He said the process of getting a commercial
learner's permit requires a person to pass written exams at the
DMV and have a Department of Transportation & Public Facilities
(DOT&PF) physical conducted. After being issued the learner's
permit, the person must then pass written exams proctored by a
federally registered training provider and undergo a practical
performance evaluation by a federally registered training
provider. The last step is to perform the road test via either
the DMV or one of its approved proctors. He said that knowledge
and practical performance are "baked into the process of getting
a CDL." He noted that vehicles, like a 16-passenger van for
example, or pickups hauling hazardous materials (HAZMAT),
require a CDL to drive. He said HB 124 needs to be approved in
order to clear unnecessary barriers keeping people from
employment.
1:22:07 PM
CHAIR MCCABE announced that HB 124 was held over.
^CONFIRMATION HEARING(S): Board of Marine Pilots
CONFIRMATION HEARING(S): Board of Marine Pilots
1:23:58 PM
CHAIR MCCABE announced that the next order of business would be
the confirmation hearing for the governor's appointee to the
Board of Marine Pilots.
1:24:54 PM
EDWARD SINCLAIR, Appointee, Board of Marine Pilots, shared that
he is seeking a second term on the Board of Marine Pilots.
Before piloting, he said he served 20 years in the U.S. Coast
Guard, with most of those years in Alaska. Upon retirement in
2002, he transitioned to a pilot training program and got his
state license. He relayed that he was a board member of the
Southeast Alaska Pilot Association, as well as having served as
its president for two years, and later stepped down from the
board to become a member of the Board of Marine Pilots. He said
the Board of Marine Pilots faced licensing challenges during the
COVID-19 pandemic, as new pilots were unable to get their
training done, so the board's challenge was figuring out
alternatives for training. He explained that, since the offices
were closed, the board also had to create alternatives for
testing as well. He shared that the board has been working on a
process for foreign pleasure crafts that are based on yachts
that come to Alaska, since such crafts are seeking an exemption
for pilotage; the board reviewed the regulations around yachts,
training, licensing, and equipment requirements.
MR. SINCLAIR said a rewarding part of being on the board is
meeting the different associations that are seeking to improve
their own bylaws and training requirements in their own regions,
and that the biggest accomplishment was a regulation change that
created additional training requirements that eliminated the
need to stay in training for four years, and instead, a person
could obtain a license in three years so long as the person
completes introductory training requirements. He said it was
good to see this effort initiated by the associations. He
relayed that another effort the board is undertaking is
revamping the investigations process. He said the board's hands
are tied when it comes to investigations, and that the board
would like to skim investigations so that it can then compile
some lessons learned. He stated that it is hard to license
licensees if you don't know what their problems are, and that
the information around the investigations are confidential to a
degree where it makes it hard to know what is going on. He said
he would like to work on these issues for another four years.
1:29:35 PM
CHAIR MCCABE offered his understanding that pilots need to see
all the ports in Alaska, and he inquired how the board feels
about using the ferry for some of the experience requirements.
MR. SINCLAIR answered, "It's a critical part." He said there
are close to 40 waterways that pilot trainees need to visit,
with a minimum of eight ground trips. He pointed out that the
predominant traffic in Southeast Alaska is cruise ships, and
that those ships do not go all of the routes required for
testing, so other vessel traffic is relied on, like the Alaska
Marine Highway System (AMHS) ferries, to meet the other waterway
requirements. The waters in and out of Sitka, such as Peril
Straight, are narrow, tight, and shallow, which is why cruise
ship traffic is not going through there; therefore, the only way
to complete those trips is to ride on the ferry. He said other
regions have commercial traffic coming in and out of the ports,
but there are other waterways that the ferries travel for which
the Coast Guard requires the pilots to draw, study, and learn
before the person is ready for the state license exam.
MR. SINCLAIR said that over the years riding the ferry has
gotten cumbersome and expensive, and that the board has heard
from trainees who said this is the biggest hurdle due to the
scheduling and costs to ride the ferry. He remarked that "no
one is expecting it to be free," but explained that AMHS had a
system in place that allowed non-ferry employees to come aboard
the ship in order to get signed off on the waterway
requirements, but now the trainee must buy a cabin, pay a per-
diem fee for meals, and cover the cost of the ticket. He
suggested that all this is a deterrent for potential candidates,
so the board relayed these issues to AMHS. He relayed that a
response from the ferry system was that the costs for the
trainees were needed to offset the costs of operating the
vessels, but said the situation is improving now.
1:33:55 PM
REPRESENTATIVE STUTES commented that she appreciates the board,
and Mr. Sinclair's time. She stated, "The Alaska Marine Highway
System needs you as much as you need them."
1:34:22 PM
CHAIR MCCABE urged Mr. Sinclair, if he is reappointed, to find
ways to mitigate the costs associated with the ferry. He said
there should be a way to make this easier for marine pilots.
1:35:12 PM
CHAIR MCCABE stated that the House Transportation Standing
Committee has reviewed the qualifications of the governor's
appointees and recommends that the following names be forwarded
to a joint session for consideration: Edward Sinclair, Board of
Marine Pilots. He said that 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.
1:35:32 PM
The committee took an at-ease from 1:35 p.m. to 1:37 p.m.
HB 128-OIL TERMINAL FACILITY
1:37:05 PM
CHAIR MCCABE announced that the final order of business would be
HOUSE BILL NO. 128, "An Act relating to the definition of 'oil
terminal facility.'"
1:37:23 PM
BUDDY WHITT, Staff, Representative Kevin McCabe, Alaska State
Legislature, spoke on HB 128 on behalf of the sponsor, the House
Transportation Committee, on which Representative McCabe serves
as chair. He informed members that since the initial
introduction of HB 128 to the committee, he has been working
with the Department of Environmental Conservation (DEC), as well
as a stakeholder group, who are concerned about the definition
of "oil terminal facility." He stated that there is a sense of
urgency with this bill, but it does not make sense to move
quickly with something that does not work for all parties. He
said he believes a compromise in language is near, and he
informed the committee that he is working on a committee
substitute (CS) to HB 128.
1:39:07 PM
REPRESENTATIVE C. JOHNSON asked, since HB 128 is time sensitive,
whether there is a deadline to pass the bill.
MR. WHITT answered that there is no hard passage deadline. He
said there is interest in first finding a statutory fix, and to
get that fixed as soon as possible. He relayed assurances that
there will be fuel deliveries, but he said that the worst case
scenario is delays or additional costs to the end user. He said
the incoming CS would aim to revise the fiscal note in a more
favorable light.
1:41:01 PM
CHAIR MCCABE opened public testimony on HB 128.
1:41:24 PM
KEVIN O'SHEA, President, Alaska Fuel Storage Handlers Alliance
(AFSHA), said AFSHA would like this matter resolved before the
beginning of its season. He explained the problem with the
definition, in that it would change some of its vessels to be
classed as "oil terminal facilities" which would result in a
different requirement for spill response. He further explained
that the change would move AFSHA from a response planning
standard of about 15 percent of the total capacity of a vessel
to 100 percent of the capacity of the vessel, as well as change
the time to respond to a spill from "the quickest possible time"
to a "72-hour cleanup." He said that 50 percent of the fuel
delivered throughout Western Alaska is done via tug and barge,
of which there are transfers between barges, and there will be
an impact to this activity. He explained that due to the time
it takes to transfer the fuel between barges, deliveries would
therefore be affected without the change.
1:44:09 PM
CHAIR MCCABE, after ascertaining that no one else wished to
testify, closed public testimony HB 128.
[HB 128 was held over.]
1:44:22 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 1:44
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 |
| Edward Sinclair Marine Pilots App_Redacted.pdf |
HTRA 4/18/2023 1:00:00 PM |
Board of MArine Pilots: Edward Sinclair |
| 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 |