Legislature(2011 - 2012)SENATE FINANCE 532

04/10/2012 09:00 AM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 131 COMMUNITY AND TRANSPORTATION ADV. BOARD TELECONFERENCED
Heard & Held
+ HB 246 NAMING CERTAIN BRIDGES TELECONFERENCED
Heard & Held
+ HB 258 NATURALLY OCCURRING ASBESTOS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                      April 10, 2012                                                                                            
                         9:02 a.m.                                                                                              
                                                                                                                                
9:02:25 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Hoffman   called  the  Senate   Finance  Committee                                                                    
meeting to order at 9:02 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Lesil McGuire, Vice-Chair                                                                                               
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bert Stedman, Co-Chair                                                                                                  
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative Cathy Munoz;  Jeff Ottesen, Director, Program                                                                    
Development,   Department  of   Transportation  and   Public                                                                    
Facilities (DOT/PF);  Marie Darlin, American  Association of                                                                    
Retired  Persons, Juneau;  Penny Gage,  Staff, Senator  Bert                                                                    
Stedman;  Rachel   Kallander,  Staff,   Representative  Bill                                                                    
Thomas;  Representative   Reggie  Joule;   Brodie  Anderson,                                                                    
Staff, Representative Reggie Joule                                                                                              
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Kevin   Gadsey,   Southeast   Alaska   Independent   Living,                                                                    
Ketchikan;  Ruth Dulin,  Self, Ketchikan;  Amelia Kito-Gage,                                                                    
Self,    Sitka;   Elizabeth    Hensley,   Nenana    Regional                                                                    
Corporation,  Anchorage;  Morgan  Johnson,  Mayor,  City  of                                                                    
Ambler, Ambler                                                                                                                  
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 131    COMMUNITY AND TRANSPORTATION ADV. BOARD                                                                               
                                                                                                                                
          HB 131 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 246    NAMING CERTAIN BRIDGES                                                                                                
                                                                                                                                
          HB 246 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 258    NATURALLY OCCURRING ASBESTOS                                                                                          
                                                                                                                                
          HB 258 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
CS FOR HOUSE BILL NO. 131(TRA) am                                                                                             
                                                                                                                                
     "An Act  establishing the  Alaska Community  and Public                                                                    
     Transportation Advisory  Board and relating to  a long-                                                                    
     range  community and  public  transportation plan;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:03:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CATHY MUNOZ, explained HB 131. She referred                                                                      
to the Sponsor Statement (copy on file).                                                                                        
                                                                                                                                
     House Bill  131 creates a Community  and Transportation                                                                    
     Advisory  Board which  will assist  in the  development                                                                    
     and  procedural recommendations  for existing  programs                                                                    
     of  state,  federal  and local  agencies  that  provide                                                                    
     community-based  transportation  services.  Public  and                                                                    
     community  transportation  is  integral  in  connecting                                                                    
     communities,  supporting  development and  serving  our                                                                    
     most vulnerable constituents.                                                                                              
                                                                                                                                
     The designation of this board  is a recommendation from                                                                    
     the  Governor's Coordinated  Transportation Task  Force                                                                    
     which    was   released    in    the   February    2010                                                                    
     Recommendations   Report.  The   board  will   continue                                                                    
     efforts to address  public and community transportation                                                                    
     and   help  fill   the   gap   in  transportation   for                                                                    
     individuals  who  require  more  specialized  travel  -                                                                    
     senior citizens,  low income individuals,  persons with                                                                    
    disabilities, and those who are transit-dependent.                                                                          
                                                                                                                                
     The board  will consist of 13  members from departments                                                                    
     within state and  local governments, Denali Commission,                                                                    
     Alaska Mental Health  Trust Authority, non-profits, and                                                                    
     those  with  expertise   in  transportation  needs  for                                                                    
     senior   citizens,  persons   with  disabilities,   and                                                                    
     transit-dependent  individuals.  This  broad  range  of                                                                    
     membership    will    facilitate   communication    and                                                                    
     strategies that will benefit communities of all sizes.                                                                     
     HB131 has  support from the Alaska  Mobility Coalition,                                                                    
     the  Governor's  Council  on Disabilities  and  Special                                                                    
     Education,  Advisory  Board   on  Alcoholism  and  Drug                                                                    
     Abuse, the  Alaska Commission  on Aging,  Alaska Mental                                                                    
     Health  Trust Authority,  Alaska Brain  Injury Network,                                                                    
     and the Alaska Suicide Prevention Council.                                                                                 
                                                                                                                                
Representative Munoz  highlighted the fiscal  notes attached                                                                    
to HB 131.                                                                                                                      
                                                                                                                                
9:05:25 AM                                                                                                                    
                                                                                                                                
JEFF OTTESEN,  DIRECTOR, PROGRAM DEVELOPMENT,  DEPARTMENT OF                                                                    
TRANSPORTATION AND  PUBLIC FACILITIES (DOT/PF),  stated that                                                                    
he  was a  governor-appointed  chairman  of the  Coordinated                                                                    
Transportation  Task-Force  for  the past  three  years.  He                                                                    
remarked  that while  serving as  chairman,  he learned  how                                                                    
important coordinated  transportation was for  all Alaskans.                                                                    
He explained  that 11 percent  of the Alaska  population was                                                                    
in need of  coordinated transportation: seniors, individuals                                                                    
with  disabilities,  and  individuals  who  lack  sufficient                                                                    
income to  afford an  automobile. He  stressed that  some of                                                                    
the 11  percent were heads-of-household, so  there were even                                                                    
more  people   in  the  household   who  were  in   need  of                                                                    
coordinated transportation.  He stated  that the  money that                                                                    
would be integrated into the  program would be spread across                                                                    
many different agencies: federal,  state, tribal, local, and                                                                    
non-profit. He  stressed that the purpose  of the commission                                                                    
was to  bring together the  different agencies, in  order to                                                                    
coordinate communication and cohesiveness.                                                                                      
                                                                                                                                
Senator Thomas  surmised that  the HB  131 would  change the                                                                    
name   of   a   board,   but  retain   the   same   mission.                                                                    
Representative Munoz replied that  the bill would extend the                                                                    
work of the commission until 2016.                                                                                              
                                                                                                                                
Senator McGuire explained that when  the omnibus energy bill                                                                    
was  drafted, there  was a  clause that  required DOT/PF  to                                                                    
look  at  compressed  natural  gas as  a  fuel  source.  She                                                                    
wondered  if  there  would  be  consideration  for  language                                                                    
within the  bill to specifically  address a  more affordable                                                                    
fuel  base for  public transportation.  Representative Munoz                                                                    
replied  that she  was open  to any  opportunity to  improve                                                                    
efficiencies  and use  of energy  was positive.  Mr. Ottesen                                                                    
furthered that  he had worked on  getting compressed natural                                                                    
gas  into the  public  transportation fleet,  so  he was  an                                                                    
advocate of that issue for many years.                                                                                          
                                                                                                                                
Co-Chair  Hoffman noted  the one  previously published  zero                                                                    
fiscal note from DOT/PF.                                                                                                        
                                                                                                                                
9:10:48 AM                                                                                                                    
                                                                                                                                
MARIE  DARLIN,  AMERICAN  ASSOCIATION  OF  RETIRED  PERSONS,                                                                    
JUNEAU, testified  in support of  HB 131. She  remarked that                                                                    
one of the major issues  for seniors is the accessibility to                                                                    
affordable transportation.  She felt that there  should be a                                                                    
focus of the  routing of services; placing  and designing of                                                                    
roads;  and  installing  intelligent systems.  She  remarked                                                                    
that  there will  continue  to be  an  increasing number  of                                                                    
aging Alaskans she face mobility issues.                                                                                        
                                                                                                                                
KEVIN   GADSEY,   SOUTHEAST   ALASKA   INDEPENDENT   LIVING,                                                                    
KETCHIKAN (via teleconference), urged  support of HB 131. He                                                                    
shared a  story about the  commission, and remarked  that he                                                                    
was impressed  with the problem solving  techniques that the                                                                    
board was attempting to utilize.                                                                                                
                                                                                                                                
RUTH DULIN, SELF,  KETCHIKAN (via teleconference), testified                                                                    
in support of HB 131.                                                                                                           
                                                                                                                                
HB  131  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
CS FOR HOUSE BILL NO. 246(FIN)                                                                                                
                                                                                                                                
     "An Act naming certain bridges and airports."                                                                              
                                                                                                                                
9:17:51 AM                                                                                                                    
                                                                                                                                
Senator Ellis  MOVED to ADOPT proposed  committee substitute                                                                    
for CS HB 246 (FIN), Work Draft 27-LS092\D (Wayne, 4/9/12).                                                                     
                                                                                                                                
Co-Chair Hoffman OBJECTED for purpose of discussion.                                                                            
                                                                                                                                
PENNY  GAGE,  STAFF,  SENATOR BERT  STEDMAN,  presented  the                                                                    
three  changes in  the committee  substitute. She  explained                                                                    
the change on line 1 of  the title inserted a certain bypass                                                                    
road.  She noted  the  change on  page 2,  line  29, at  the                                                                    
request of  Senator Olson,  inserting Greg  Kruschek Avenue,                                                                    
which was a state-owned Nome  Bypass Road. She looked at the                                                                    
change on  line 31, which was  a request from the  Mayor and                                                                    
City  Council of  the  City of  Petersburg,  the Harry  Kito                                                                    
Bridge would  be named  for the bridge  over Falls  Creek at                                                                    
mile 10.4 of the Mitkof Highway.                                                                                                
                                                                                                                                
9:19:37 AM                                                                                                                    
                                                                                                                                
RACHEL   KALLANDER,  STAFF,   REPRESENTATIVE  BILL   THOMAS,                                                                    
explained  HB 246.  She stated  that  HB 246  would name  16                                                                    
bridges, 2  airports, and 1  road after  prominent Alaskans.                                                                    
She stated that  15 of the bridges listed in  HB 246 were in                                                                    
Cordova. She  remarked that the  veterans in  Cordova served                                                                    
in every major war of the 21st century.                                                                                         
                                                                                                                                
Co-Chair Hoffman  noted the one previously  published fiscal                                                                    
impact note from DOT/PF.                                                                                                        
                                                                                                                                
AMELIA   KITO-GAGE,   SELF,  SITKA   (via   teleconference),                                                                    
testified  in  support  of  HB   246.  She  appreciated  the                                                                    
recognition of  her family  member in the  naming of  one of                                                                    
the bridges.                                                                                                                    
                                                                                                                                
HB  131  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
CS FOR HOUSE BILL NO. 258(FIN)                                                                                                
                                                                                                                                
     "An Act directing the  Department of Transportation and                                                                    
     Public  Facilities to  develop and  implement standards                                                                    
     and  operating  procedures, to  evaluate  site-specific                                                                    
     use plans,  and to  designate project  areas concerning                                                                    
     gravel   or   other   aggregate   material   containing                                                                    
     naturally  occurring asbestos;  authorizing  use on  an                                                                    
     interim  basis of  gravel or  other aggregate  material                                                                    
     containing  naturally  occurring asbestos  for  certain                                                                    
     transportation   projects    and   public   facilities;                                                                    
     providing immunity  for the  state and  for landowners,                                                                    
     extractors,  suppliers,  transporters, and  contractors                                                                    
     for  certain actions  or claims  arising in  connection                                                                    
     with   the  use   of  gravel   or  aggregate   material                                                                    
     containing  naturally  occurring  asbestos  in  certain                                                                    
     areas;   requiring   contractors  to   report   certain                                                                    
     asbestos-   related   data   to   the   Department   of                                                                    
     Transportation  and  Public Facilities;  and  providing                                                                    
     for an effective date."                                                                                                    
                                                                                                                                
9:25:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REGGIE JOULE, introduced HB 258. He referred                                                                     
to the Sponsor Statement (copy on file).                                                                                        
                                                                                                                                
     HB 258  authorizes and regulates  the use of  gravel or                                                                    
     aggregate  material that  contains naturally  occurring                                                                    
     asbestos  (NOA).  There  are documented  cases  of  NOA                                                                    
     being found  in several  areas of the  state, including                                                                    
     Juneau, along the Dalton  Highway and Ambler. Discovery                                                                    
     of  NOA  in  local  gravel pits  has  delayed  and,  in                                                                    
     Ambler's  case, halted  construction projects.  The use                                                                    
     of  NOA in  construction projects  may be  regulated by                                                                    
     states.  Virginia and  California have  been regulating                                                                    
     NOA for  many years.  With the passage  of HB  258, the                                                                    
     discovery of NOA  in local gravel sources  and the cost                                                                    
     of transporting  non-NOA gravel  and material  will not                                                                    
     impact  the  success  and  completion  of  construction                                                                    
     projects and  important future state  infrastructure in                                                                    
     Rural Alaska.                                                                                                              
                                                                                                                                
     Several large projects are on  the state's horizon that                                                                    
     will require the use of  large amounts of gravel. These                                                                    
     large projects are  in mineral rich areas  of the state                                                                    
     critical  to the  future  development  of Alaska.  Most                                                                    
     notably, it  is estimated  that the gas  pipeline alone                                                                    
     may use  50 to  60 million cubic  yards of  new gravel.                                                                    
     Many miles of the  Dalton Highway will be reconstructed                                                                    
     in  support   of  the  project,   requiring  additional                                                                    
     gravel.   In   Rural   Alaska,   almost   all   airport                                                                    
     construction and  upgrades require material  from local                                                                    
     gravel  sources; a  new  small airport  can  use up  to                                                                    
     25,000 cubic  yards of  gravel. The  use of  NOA gravel                                                                    
     and materials  should be resolved before  it becomes an                                                                    
     issue during the actual construction  process of any of                                                                    
     these large future projects.                                                                                               
                                                                                                                                
     HB  258 directs  the Department  of Transportation  and                                                                    
     Public  Facilities to  develop and  implement statewide                                                                    
     regulations and standard  operating procedures (SOP) to                                                                    
     allow for  the use  of NOA for  both State  and private                                                                    
     construction projects.  HB 258  will balance  the needs                                                                    
     of   moving    Alaska   forward;    building   critical                                                                    
     infrastructure, completing construction projects while                                                                     
     protecting the health of Alaskan workers and                                                                               
     communities.                                                                                                               
                                                                                                                                
Senator Olson  wondered if there  would be  similar immunity                                                                    
clauses to California's legislation.                                                                                            
                                                                                                                                
BRODIE   ANDERSON,  STAFF,   REPRESENTATIVE  REGGIE   JOULE,                                                                    
replied  that the  program was  voluntary,  so the  immunity                                                                    
went further than California's program.                                                                                         
                                                                                                                                
ELIZABETH  HENSLEY, NANANA  REGIONAL CORPORATION,  ANCHORAGE                                                                    
(via teleconference), testified in support of HB 258.                                                                           
                                                                                                                                
9:32:25 AM                                                                                                                    
                                                                                                                                
MORGAN  JOHNSON,   MAYOR,  CITY   OF  AMBLER,   AMBLER  (via                                                                    
teleconference),  testified   in  support  of  HB   258.  He                                                                    
remarked that  the dust problem had  inhibited many projects                                                                    
since 1998.                                                                                                                     
                                                                                                                                
Co-Chair Hoffman  noted the three previously  published zero                                                                    
fiscal notes  and three  previously published  fiscal impact                                                                    
notes.                                                                                                                          
                                                                                                                                
Representative Joule  thanked the committee for  hearing the                                                                    
bill.  He remarked  that there  were  many communities  that                                                                    
deal  with  dust  particles,  because   the  cost  of  dust-                                                                    
abatement in rural  Alaska was very expensive.  He felt that                                                                    
the dust  without the naturally occurring  asbestos was more                                                                    
of  a  hazard  to  an individual's  health,  than  what  was                                                                    
intended with HB 258.                                                                                                           
                                                                                                                                
HB  258  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
9:36:28 AM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 9:36 AM.                                                                                           
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
Governors Coordinated Transportation Task Force Executive Summary Long Term Recomendation.pdf SFIN 4/10/2012 9:00:00 AM
HB 131
HB131.Sponsor Statement.2.14.11.pdf SFIN 4/10/2012 9:00:00 AM
HB 131
HB131 Sectional Analysis.2.2.11.pdf SFIN 4/10/2012 9:00:00 AM
HB 131
HB131 Support Letters.pdf SFIN 4/10/2012 9:00:00 AM
HB 131
HB 246 Supporting Docs Cordova Resolution.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB 246 Supporting Docs Leonard Olson.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB 246 Supporting Docs Short Bios.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB 246 Supporting Docs Veterans Memorial.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB246 Amendment 1- Thomas.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB246 Sponsor Statement.pdf SFIN 4/10/2012 9:00:00 AM
HB 246
HB 258 - AG Opinion Immunity.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 - Ambler Priority List NOA Delayed - Backup material.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 - ATSDR Ambler Health Study - Back-up material.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 - DHSS 2005 Ambler Exposure Report - Backup material.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 - Sponsor Statement.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 Immunity Workers Comp Memo.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 INE study - Backup material.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 LAW 040612 Explaination of Immunity.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 -Legislative Findings.docx SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 NOA Delineation Zone Logic Chart.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 NWALT Support Letter.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 258 Sectional (H)FIN vG.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB258 Changes versionT VersionG.pdf SFIN 4/10/2012 9:00:00 AM
HB 258
HB 246 SCS for CSHB 246(FIN) version D.pdf SFIN 4/10/2012 9:00:00 AM
HB 246