Legislature(1993 - 1994)

04/05/1994 03:35 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE TRANSPORTATION COMMITTEE                                
                         April 5, 1994                                         
                           3:35 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Bert Sharp, Chair                                                     
 Senator Randy Phillips, Vice Chair                                            
 Senator Tim Kelly                                                             
 Senator Jay Kerttula                                                          
 Senator Georgianna Lincoln                                                    
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All Members Present                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR HOUSE BILL NO. 183(FIN) am                                             
 "An Act directing the identification and delineation of a                     
 transportation and utility corridor between Fairbanks and the                 
 Seward Peninsula; and providing for an effective date."                       
                                                                               
 CS FOR HOUSE BILL NO. 330(TRA)                                                
 "An Act relating to the use of natural gas as a motor vehicle fuel            
 in state-owned vehicles and to the Department of Transportation and           
 Public Facilities' authority to participate in joint ventures                 
 related to natural gas."                                                      
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HB 183 - No previous senate committee action.                                 
                                                                               
 HB 330 - No previous senate committee action.                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Representative Jeannette James                                                
 State Capitol, Juneau, AK 99801-1182¶465-3743                                 
  POSITION STATEMENT:  prime sponsor of HB 183                                 
                                                                               
 Helvi K. Sandvik, Deputy Commissioner                                         
 Department of Transportation & Public Facilities                              
 3132 Channel Drive, Juneau, AK 99801-7898¶465-6973                            
  POSITION STATEMENT:  in favor of HB 183                                      
  POSITION STATEMENT:  in favor of HB 330                                      
                                                                               
 Jeff Logan, Aide                                                              
 Representative Green                                                          
 State Capitol, Juneau, AK 99801-1182¶465-4931                                 
  POSITION STATEMENT:  prime sponsor of HB 330                                 
                                                                               
 Art Koeninger, Volunteer                                                      
 Alaska Environmental Lobby                                                    
 Box 22, Chitina, AK 99566¶463-3366                                            
  POSITION STATEMENT:  in favor of HB 330                                      
                                                                               
 Jerry Gay                                                                     
 Department of Environmental Conservation                                      
 410 Willoughby Ave., Suite 105, Juneau, AK 99801-1795¶465-5000                
  POSITION STATEMENT:  in favor of HB 330                                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-11, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CHAIRMAN SHARP calls the Senate Transportation Committee meeting to           
 order at 3:35 p.m.                                                            
                                                                               
 Number 010                                                                    
 CHAIRMAN SHARP brings up HB 183 (TRANSPORTATION CORRIDOR:                     
 FAIRBANKS-NOME) as the first order of business before the Senate              
 Transportation Committee today.  The chairman calls the prime                 
 sponsor as the first witness.                                                 
                                                                               
 Number 019                                                                    
                                                                               
 REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 183, states the           
 bill would authorize the Department of Transportation & Public                
 Facilities (DOT) to delineate a corridor from Fairbanks to the                
 Seward Peninsula for rail use.  This delineation is subject to                
 legislative appropriation, though other funds, such as federal and            
 or private funds, could be used.  The sunset clause for HB 183 is             
 the year 2055.                                                                
                                                                               
 REPRESENTATIVE JAMES believes rail would be preferable to a road,             
 due to all the problems associated with roads.                                
                                                                               
 Number 077                                                                    
                                                                               
 SENATOR LINCOLN asks Representative James why, under paragraph (2)            
 on page 1, "impacts to subsistence" is not included.                          
                                                                               
 REPRESENTATIVE JAMES responds HB 183 does include "impacts on and             
 service to adjacent communities",                                             
                                                                               
 SENATOR LINCOLN does not agree that phrase would protect                      
 subsistence uses.  If folks reside outside a community, or have a             
 trapline or something outside a community, that activity would not            
 be protected.                                                                 
                                                                               
                                                                               
 Number 100                                                                    
                                                                               
 REPRESENTATIVE JAMES understands the concerns of Senator Lincoln,             
 but she does not know if the legislature can define subsistence at            
 this point in time.  She has no problem with recognizing                      
 subsistence as a very wise use of our resources in this state.                
                                                                               
 CHAIRMAN SHARP says the committee can work on amending HB 183.                
                                                                               
 Number 122                                                                    
                                                                               
 SENATOR LINCOLN says she does not like the term "...significant             
 environmental impact..." under subparagraph (E), and would like to            
 perhaps delete the word "significant".                                        
                                                                               
 REPRESENTATIVE JAMES states she would consider that a friendly                
 amendment.                                                                    
                                                                               
 Number 134                                                                    
                                                                               
 SENATOR LINCOLN says she is also concerned with subparagraph (A) on           
 page 2, wondering whether native lands would come under state                 
 condemnation.                                                                 
                                                                               
 REPRESENTATIVE JAMES replies she does not know if eminent domain              
 would apply to native lands.  She cannot answer that question at              
 this time.  However, she does not see natives objecting to a                  
 railroad over their lands, as it would benefit them also.  Native             
 corporations could lease their lands for use as part of this rail             
 corridor, and they would then receive revenue from those leases.              
                                                                               
 Number 164                                                                    
                                                                               
 CHAIRMAN SHARP says the committee will request a clarification from           
 legal services on whether native land would be subject to                     
 condemnation and eminent domain.                                              
                                                                               
 Number 175                                                                    
                                                                               
 SENATOR KERTTULA makes an observation that perhaps the resources              
 necessary to build and maintain the railroad corridor be provided             
 for in HB 183.  Area adjacent to the rail corridor should be set              
 aside for use in the building and maintaining of that corridor, at            
 the same time the corridor is established.  He suggests language be           
 inserted on page 1, lines 11 and 12, stating, "...shall encompass             
 gravel, rock, and other resources needed to construct and maintain            
 the railroad.", and thinks that language is necessary in the                  
 interest of the public and of the state.                                      
                                                                               
 Number 232                                                                    
                                                                               
 SENATOR KELLY asks if this railroad could potentially connect up              
 with the Russian Railroad system.                                             
                                                                               
 REPRESENTATIVE JAMES replies it would be about 1,100 miles from the           
 Russian Railroad, though there is a very strong interest in                   
 building a trans-continental railroad.  She supports a trans-                 
 continental railroad, but does not think this project is dependant            
 upon a transcontinental railroad.  Right now, China is expanding              
 their railroad to meet the Russian railroad.  So if the state does            
 connect with the Russian railroad, it will give the state access to           
 China, as well as Russia.  The American Railway Association has               
 established a technical committee on the Bering Straits tunnel and            
 the trans-continental railway.  They will be meeting in Fairbanks             
 on May 24 & 25, 1994.                                                         
                                                                               
 Number 265                                                                    
                                                                               
 CHAIRMAN SHARP asks if there are any more questions for                       
 Representative James.  Hearing none, the chairman calls a                     
 representative from DOT to testify.                                           
                                                                               
 Number 269                                                                    
                                                                               
 HELVI K. SANDVIK, Deputy Commissioner, Department of Transportation           
 & Public Facilities (DOT) states the department supports HB 183.              
 The department believes it would go a long ways towards dealing               
 with transportation planning issues that the state is facing.  DOT            
 has prepared a fiscal note on HB 183.  It would require a fairly              
 significant capital investment.  She does agree with Senator                  
 Kerttula that resources needed for construction and maintenance of            
 the rail corridor should be set aside.                                        
                                                                               
 Number 280                                                                    
                                                                               
 SENATOR LINCOLN asks how much DOT's fiscal note is for.                       
                                                                               
 MS. SANDVIK replies the total is 7.3 million dollars over a two               
 year period.                                                                  
                                                                               
 SENATOR KELLY asks Representative James if a rail system to Nome              
 would connect to a Russian road system.                                       
                                                                               
 REPRESENTATIVE JAMES responds there is no rail or road system in            
 the Russian Far East with which an Alaskan railroad to Nome could             
 connect.  She notes that the bill does not have a fiscal note,                
 because it is subject to legislative appropriation or the                     
 availability of other funds.                                                  
                                                                               
 Number 296                                                                    
                                                                               
 CHAIRMAN SHARP announces his staff will work with Representative              
 James to work on language to include the language suggested by                
 Senator Kerttula.  The chairman also wants to address Senator                 
 Lincoln's concerns.  The chairman announces that HB 183 will be               
 held to work on those changes.                                                
 Number 310                                                                    
 CHAIRMAN SHARP brings up HB 330 (FUEL STATE AUTO FLEET WITH NATURAL           
 GAS) as the next order of business before the Senate Transportation           
 Committee.  The chairman calls a representative from the sponsor's            
 office to testify.                                                            
                                                                               
 Number 317                                                                    
                                                                               
 JEFF LOGAN, Aide to Representative Green, reads the sponsor's                 
 statement on HB 330.                                                          
                                                                               
 Number 333                                                                    
                                                                               
 SENATOR KERTTULA states he has no objection to HB 330, but the                
 term, "public and private cooperation" makes him think that the               
 public sector will get ripped off by the private sector.                      
                                                                               
 Number 337                                                                    
                                                                               
 MR. LOGAN responds that the problem at this point, is that the                
 private sector fleet is not large enough for the private sector to            
 secure financing for this project.  HB 330 would allow the state to           
 finance a refueling facility through CMAQ (Congestion Mitigation              
 Air Quality) funds.  Those funds are made available from the                  
 federal government, and the state currently has a little over 8               
 million dollars.  It is envisioned that DOT could provide the land            
 near the airport, and some of the CMAQ monies, which have to be             
 spent, could be used for the facility.  The private sector would              
 also put some money up.                                                       
                                                                               
 Number 362                                                                    
                                                                               
 SENATOR KERTTULA adds there will also be a cost for converting                
 vehicles to using natural gas, which is approximately 3,500$ per              
 vehicle.                                                                      
                                                                               
 Number 378                                                                    
                                                                               
 MR. LOGAN replies that HB 330 has language included by DOT, that              
 would require the use of natural gas when practicable.  In regards   rds  
 to the cost of the conversion kit, Mr. Logan notes that the kit is            
 transferrable from one vehicle to another; so once the investment             
 in the conversion kit is made, the cost is recouped pretty quickly            
 with the lower cost of the fuel.                                              
                                                                               
 Number 389                                                                    
                                                                               
 SENATOR RANDY PHILLIPS says when he was in Edmonton, Alberta                  
 several weeks ago, he noticed that the taxi cab he rode in used               
 propane as fuel.  He asks if propane would be included in HB 330.             
                                                                               
 MR. LOGAN responds that propane is not included in HB 330.  It was            
 considered, but the problem with propane is that it does not help             
 with the emissions standards in Anchorage.  One of the primary                
 goals HB 330 is attempting to achieve, is to get away from the use            
 of oxy-fuels.                                                                 
                                                                               
 SENATOR RANDY PHILLIPS states that in Alberta, propane was 8 cents            
 per litre, while unleaded gas was 36 cents per litre.  Senator                
 Phillips suggests doing some research to find out how the private             
 sector is involved in the propane market in Alberta.                          
                                                                               
 SENATOR KELLY asks what the process is for the use of natural gas             
 in vehicles.                                                                  
                                                                               
 MR. LOGAN replies natural gas can be used in both its' natural                
 state, or in a compressed state.                                              
                                                                               
 Number 410                                                                    
                                                                               
 SENATOR KELLY asks if natural gas would be dangerous in the case of           
 an automobile accident.                                                       
                                                                               
 MR. LOGAN responds it is not dangerous.  Natural gas, when                    
 released, simply evaporates into the atmosphere.  Mr. Logan quotes            
 Ken Langle, former state fleet manager, who says natural gas is               
 much safer than gasoline.                                                     
                                                                               
 SENATOR KELLY asks if a special tank is used for natural gas.                 
                                                                               
 MR. LOGAN replies that special tanks are used.                                
                                                                               
 SENATOR KELLY asks Mr. Logan who currently produces liquid natural            
 gas in Alaska.                                                                
                                                                               
 MR. LOGAN responds Marathon and Phillips do.                                  
                                                                               
 SENATOR KELLY asks Mr. Logan what their market is.                            
                                                                               
 MR. LOGAN replies their market is Japan.  There are also a few                
 state cars that use natural gas.  There is a private retailer in              
 the Spenard area that provides that gas.                                      
                                                                               
 SENATOR KELLY asks what the retailer in Spenard thinks of HB 330.             
                                                                               
 MR. LOGAN responds he has not asked the retailer that question.               
                                                                               
 CHAIRMAN SHARP asks if any of the utilities utilize natural gas.              
                                                                               
                                                                               
 Number 439                                                                    
                                                                               
 MR. LOGAN replies the Barrow electrical utility has been using                
 natural gas in their vehicles for some time.  Some officers of the            
 Enstar natural gas utility in Anchorage who have natural gas lines            
 supplying their homes are able to tap into those lines to fuel                
 their cars.                                                                   
                                                                               
 Number 444                                                                    
                                                                               
 SENATOR LINCOLN asks Mr. Logan what the term "non-attainment" in HB
 330 means.                                                                    
                                                                               
 MR. LOGAN responds the term refers to non-attainment of the Clean             
 Air Act of 1990.                                                              
                                                                               
 CHAIRMAN SHARP adds it refers primarily to Anchorage and Fairbanks.           
 Any place where emissions tests are required probably stems from              
 that act.                                                                     
                                                                               
 Number 453                                                                    
                                                                               
 SENATOR LINCOLN asks if, then, that term would just apply to the              
 Anchorage and Fairbanks areas.                                                
                                                                               
 Number 454                                                                    
                                                                               
 MR. LOGAN states that is correct for that portion of the bill.                
 However, another portion of HB 330 says "where the fuel is                    
 available".  And presently, the only place the fuel is available is           
 the Anchorage bowl area.  There are plans to make the fuel                    
 available in Fairbanks soon.  But this was the sponsor's way of               
 making sure DOT would not have to spend extra money for vehicles in           
 areas where the fuel was not available, and where the Clean Air Act           
 of 1990 is not applicable.                                                    
                                                                               
 Number 459                                                                    
                                                                               
 SENATOR LINCOLN asks what some of the original terms in HB 330 were           
 to which the commissioner of DOT objected.                                    
                                                                               
 Number 463                                                                    
                                                                               
 MR. LOGAN responds that originally, the bill stipulated that DOT              
 was to have a certain percentage of their fleet converted to                  
 natural gas use by a certain date.  That is the language to which             
 DOT objected.                                                                 
                                                                               
 Number 470                                                                    
                                                                               
 SENATOR RANDY PHILLIPS requests that Mr. Logan contact Alberta to             
 see how use of propane fuel was implemented in Edmonton.                      
 Number 476                                                                    
                                                                               
 CHAIRMAN SHARP asks if there are any more questions for the                   
 sponsor.  Hearing none, the chairman calls a representative from              
 DOT to testify.                                                               
                                                                               
 Number 497                                                                    
                                                                               
 HELVI K. SANDVIK, Deputy Commissioner, Department of Transportation           
 & Public Facilities (DOT) says the department supports the general            
 concept of using natural gas and other alternative fuels.  The                
 department is doing so at this time.  DOT did object to the earlier           
 version of the bill as noted earlier.  DOT does believe that it             
 already has the authority to proceed in this direction without HB
 330, and are doing so under existing law.  Nonetheless, DOT is                
 supportive of the concept of HB 330.                                          
                                                                               
 Number 490                                                                    
                                                                               
 CHAIRMAN SHARP says it was his understanding that DOT is moving in            
 the direction of using alternative fuels, though he does not know             
 of any plans for joint venture fueling stations.                              
                                                                               
 Number 497                                                                    
                                                                               
 MS. SANDVIK responds that under ISTEA the ability to joint venture            
 exists.  She has recently seen correspondence from the U.S.                   
 Department of Transportation encouraging public/private                       
 participation in joint ventures to the benefit of improving                   
 transportation systems.  So she does believe that authority exists,           
 should the state choose to go in that direction.                              
                                                                               
 MS. SANDVIK states it makes sense to locate a fueling facility in             
 the vicinity of the Anchorage airport.                                        
                                                                               
 Number 508                                                                    
                                                                               
 CHAIRMAN SHARP asks if there are any more questions for Ms.                   
 Sandvik.  Hearing none, the chairman calls the next witness.                  
                                                                               
 Number 510                                                                    
                                                                               
 ART KOENINGER, Volunteer, Alaska Environmental Lobby states the               
 lobby supports HB 330.  Mr. Koeninger reads a written statement               
 submitted to the committee.                                                   
                                                                               
 Number 535                                                                    
                                                                               
 CHAIRMAN SHARP asks if there are any questions for Mr. Koeninger.             
 Hearing none, the chairman calls the next witness.                            
                                                                               
 JERRY GAY, Department of Environmental Conservation (DEC) states he           
 is standing in for Mr. Verrelli of DEC.  Mr. Gay reads a letter               
 from the commissioner of DEC to the prime sponsor of HB 330,                  
 Representative Green.  DEC supports HB 330 and has no objections to           
 the current version of the bill.                                              
                                                                               
 CHAIRMAN SHARP asks if there are any questions for Mr. Gay.                   
                                                                               
 Number 556                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asks what the unit of measurement is for               
 natural gas.                                                                  
                                                                               
 MR. GAY responds the unit of measurement is cubic feet.                       
                                                                               
 SENATOR RANDY PHILLIPS asks who the manufacturers of vehicles using           
 natural gas are.                                                              
                                                                               
 (Apparently Ford is one of the manufacturers.)                                
                                                                               
 Number 565                                                                    
                                                                               
 CHAIRMAN SHARP notes there duel fuel generators have been on the              
 market for quite a while.                                                     
                                                                               
 SENATOR RANDY PHILLIPS makes a motion to discharge HB 330 from the            
 Senate Transportation committee with individual recommendations.              
                                                                               
 Number 568                                                                    
                                                                               
 CHAIRMAN SHARP, hearing no objection, orders HB 330 released from             
 committee with individual recommendations.                                    
 Number 571                                                                    
                                                                               
 CHAIRMAN SHARP adjourns the Senate Transportation Committee meeting           
 at 4:20 p.m.                                                                  
                                                                               

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