Legislature(1997 - 1998)
04/30/1998 02:12 PM Senate TRA
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SENATE TRANSPORTATION COMMITTEE
April 30, 1998
2:12 p.m.
MEMBERS PRESENT
Senator Gary Wilken, Vice Chair
Senator Lyda Green
Senator Rick Halford
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Jerry Ward, Chairman
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 361(TRA) am
"An Act relating to private maintenance of state highways."
- MOVED SCSCSHB 361(TRA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 343(TRA)
"An Act excluding certain motor vehicles from the definition of
commercial motor vehicle."
- MOVED SCSCSHB 343(TRA)OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 386(FIN)
"An Act relating to the financing authority, programs, operations,
and projects of the Alaska Industrial Development and Export
Authority; and providing for an effective date."
- HEARD AND HELD
HOUSE JOINT RESOLUTION NO. 67
Relating to renewal of the bilateral aviation agreement concerning
the mandatory Anchorage stopover for Russian carriers on
transpacific routes between the Russian Far East and the United
States.
- HEARD AND HELD
HOUSE JOINT RESOLUTION NO. 63
Relating to support for Mitchell Field Adak airport.
- HEARD AND HELD
PREVIOUS SENATE ACTION
HB 361 - No previous Senate committee action.
HB 343 - No previous Senate committee action.
HB 386 - See Transportation minutes dated 4/28/98.
HJR 67 - No previous Senate committee action.
HJR 62 - No previous Senate committee action.
WITNESS REGISTER
Representative Beverly Masek
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Sponsor of HB 361
Dennis Poshard
Special Assistant
Department of Transportation and Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
POSITION STATEMENT: Supports HB 361
Barbara Huff-Tuckness
Teamsters Local 959
520 E 34th
Anchorage, Alaska 99503
POSITION STATEMENT: Opposed to HB 343
John Walsh
City of Whittier
P.O. Box 240952
Douglas, Alaska 99824
POSITION STATEMENT: Supports and described the Whittier Access
Project
Keith Laufer
AIDEA
480 West Tudor
Anchorage, Alaska 99503
POSITION STATEMENT: Stated he was available to answer questions
Katelyn Markley
AIDEA
480 West Tudor
Anchorage, Alaska 99503
POSITION STATEMENT: Stated she was available to answer questions
Irene Shields
Legislative Aide to Representative Williams
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Testified for the sponsor of HJR 67
Rhonda Thompson
POSITION STATEMENT: Supports HJR 67
Bryce Edgmon
Legislative Aide to Representative Moses
Alaska State Capitol
Juneau, Alaska 99081-1182
POSITION STATEMENT: Testified for sponsor of HJR 63
ACTION NARRATIVE
TAPE 98-10, SIDE A
VICE-CHAIR WILKEN called the Senate Transportation Committee
meeting to order at 2:12 p.m. and recognized the absence of Senator
Ward. Present were Senators Green, Lincoln, Halford and Vice-Chair
Wilken. The first order of business before the committee was HB
361.
CSHB 361(TRA) am - PRIVATE MAINTENANCE OF STATE HIGHWAY
SENATOR GREEN moved to adopt SCSCSHB 361(HES), version B, as the
working document before the committee. There being no objection,
the motion carried.
REPRESENTATIVE BEVERLY MASEK, sponsor of HB 361, gave the following
overview of the measure. HB 361 was introduced to resolve a
conflict over private maintenance of state owned highways.
Currently it is difficult at best for the Department of
Transportation and Public Facilities (DOTPF) to deal with private
parties that undertake the maintenance of state highways where the
state has ceased maintenance operations during winter months. HB
361 is not intended to keep private parties from maintaining state
highways; the purpose is to ensure that the proper tools are in
place so that maintenance conforms to standards necessary to
protect the public. HB 361 gives DOTPF clear statutory authority
to regulate such activities. This bill was prompted by an incident
in the Mat-Su/Petersville Road area. A mining company began
plowing the road and the residents in the area complained that not
enough snow was left on the highway for snow machine use so that
people could get to their cabins. The mining company was plowing
the road down to gravel, and a lodge owner began blocking the
plows. HB 361 applies to state highways, not state roads.
Number 105
SENATOR HALFORD questioned whether this bill might work the wrong
way. The language provides for two lanes of travel, and if two
lanes are not feasible, pull outs at regular intervals to aid the
flow of traffic, and for parking areas at regular intervals to
allow public access to public lands adjacent to the highway. He
thought Representative Masek's goal was to provide multiple-
vehicular access. He noted if a road is plowed two-lanes wide,
there will be no room to run a snowmachine. If only one lane is
plowed, then snowmachines will be able to use the road.
REPRESENTATIVE MASEK thought Senator Halford was referring to the
Denali Highway. She stated the plowing on the Petersville Road was
done in such a manner that all of the snow was removed. She
believed DOTPF would view each road differently.
SENATOR HALFORD maintained the language in the bill says, "shall,
to the maximum extent feasible, provide for two lanes of travel,
and if two lanes are not available, pull outs at regular
intervals...." He suggested the bill not specify two lanes of
travel because leaving snow on one lane would resolve the problem.
He repeated his suggestion that the language allow for multiple
vehicular access, rather than require two lanes of travel.
Number 154
REPRESENTATIVE MASEK indicated language on line 6 says, "or, if two
lanes are not feasible, pull outs at regular intervals to aid the
flow of two-way traffic." She maintained the bill does not require
that two lanes be kept open.
SENATOR HALFORD felt the word "feasible" would be interpreted to
view the situation from an economic standpoint. He repeated the
intent of the new section could be accomplished by removing the
provision for two lanes of travel or pullouts, and instead provide
for multiple vehicle-type access. He added the bill should not
allow huge berms to be built.
REPRESENTATIVE MASEK noted berms are a problem on the Petersville
Road because of the snow conditions. She said she understood
Senator Halford's point, but could not imagine problems would occur
if the road was not plowed down to gravel.
VICE-CHAIR WILKEN asked Senator Halford to present a proposed
amendment to Representative Masek for later consideration.
Number 196
DENNIS POSHARD, Special Assistant at DOTPF, stated the department
supports HB 361 as it encourages anyone willing to maintain a
section of a state highway to do so. This bill would only apply to
roads that DOTPF has chosen not to maintain during the winter.
DOTPF requested the bill be amended in a House committee to require
written approval from DOTPF prior to maintenance, so that DOTPF can
keep track of what activities are taking place.
VICE-CHAIR WILKEN asked Mr. Poshard to comment on Senator Halford's
suggestion.
MR. POSHARD did not think DOTPF would have a problem with the
intent of Senator Halford's suggestion but without seeing the
specific language he could not state DOTPF support or opposition.
SENATOR LINCOLN stated her concern about the bill is that she does
not want DOTPF to use this legislation to stop maintenance
operations on certain roads during winter months.
MR. POSHARD said he appreciates Senator Lincoln's concern, and
assured her DOTPF does not view this legislation as an excuse to
stop road maintenance. DOTPF views this legislation as an option
to use on roads that are not currently maintained during the
winter.
SENATOR GREEN asked if a current prohibition exists against private
maintenance of state highways.
MR. POSHARD replied he did not know the answer to that question.
He believed problems have occurred with private maintenance in that
state roads not plowed to a standard DOTPF considers to be
acceptable have created a safety risk for travelers expecting
better road conditions.
SENATOR GREEN asked, if she lived at the end of a road that was not
maintained in the winter, and her only goal was to get from the
maintained road to her home, whether she would have to plow to a
standard comparable to DOTPF's if HB 361 passes.
MR. POSHARD answered that would not be the case if she was merely
traveling the road for her own purpose. DOTPF would not limit
anyone's personal use of a state road.
Nu9mber 261
SENATOR GREEN asked how personal use maintenance would differ. She
asked if she plowed a state highway during a snow storm so that she
could get home, whether different maintenance standards would
apply.
MR. POSHARD said he was not aware of any.
SENATOR HALFORD noted the House version required written approval
from DOTPF before maintenance could occur but that provision is not
included in version B.
MR. POSHARD indicated DOTPF requested that written approval be
required because it wanted to know what maintenance was taking
place on state roads to ensure that damage was not occurring and
that maintenance was done to an adequate standard.
REPRESENTATIVE MASEK stated she was not opposed to the conceptual
changes requested by Senator Halford.
SENATOR HALFORD moved to delete line 7 and line 8 to the word
"allow" and to insert, after the words "provide for" on line 6, the
language "multiple type vehicle access to allow public access to
public lands adjacent to the state highway." He noted private and
public lands are assumed.
SENATOR LINCOLN objected to the motion and asked for clarification
of what that change will do.
SENATOR HALFORD indicated the problem will not be resolved by
plowing some of the roads two lanes wide. People who want to
maintain a road do not want to be in a position to only be able to
do so if they plow the road two lanes wide. If a person plowed
with a CAT, a tunnel would be created in high drift areas. He
stated it is his intention to give DOTPF the ability to require
that berms be knocked down every 300 feet so that people can get in
and out, or that the road not be plowed all of the way down to
gravel, or to come up with a plan that will allow several types of
vehicles to use the road.
SENATOR LINCOLN removed her objection. There being no further
discussion, the motion carried.
SENATOR LINCOLN stated without any notification to, or approval
from, DOTPF, anyone can maintain a state highway in any way they
want and will not be liable for any damage or injury to users of
the road. She questioned the intent of the legislation if it
allows the general public to plow any state highway in any way they
want if the state does not maintain the road.
Number 346
SENATOR HALFORD did not think the bill provides for immunity from
liability either for damages or from a third party suit. The bill
does maintain that the state is not liable for the actions of
another person. It will not prohibit liability for the private
person doing the maintenance if the road is damaged or a third
party sues for injury.
MR. POSHARD agreed and added the House Transportation Committee
voted against a proposed amendment that would have exempted the
party responsible for maintaining the road from liability.
SENATOR HALFORD noted the road closure would be posted.
REPRESENTATIVE MASEK respectfully asked committee members to pass
the bill out of committee.
SENATOR HALFORD moved SCSCSHB 361(TRA) out of committee with
individual recommendations and its accompanying fiscal notes.
SENATOR LINCOLN objected because she believed DOTPF should be
notified of, and approve, private maintenance.
SENATOR HALFORD pointed out the status quo is no oversight on the
part of DOTPF.
The motion carried with Senators Halford, Wilken, and Green voting
in favor, and Senator Lincoln voting against.
CSHB 343(TRA) - DEFINITION OF COMMERCIAL MOTOR VEHICLE
REPRESENTATIVE GARY DAVIS, sponsor of HB 343, explained the bill
exempts an operator of a commercial vehicle, who is relocating the
vehicle from the principal place of business to a job site within
a 150 mile radius, from the commercial driver's license
requirement. Federal law does not require operators of off road
vehicles, not being used for a transportation purpose, to have a
commercial driver's license; Representative Davis believed this
provision was inadvertently omitted from state statute. The focus
of the bill is narrow as it only applies to operators of loaders,
motor graders, paving machines, and any vehicle over 16,000 pounds.
SENATOR HALFORD agreed with Representative Davis' purpose, but
questioned how HB 343 will apply to a company that contracts to
pave an unconnected road more than 150 miles away, such as the
Naknek-King Salmon Road. He also asked if DOTPF supports the bill.
REPRESENTATIVE DAVIS said DOTPF supports the bill.
SENATOR HALFORD asked if DOTPF would support the bill without the
150 mile radius limit or with that limit if connected by road.
REPRESENTATIVE DAVIS thought Senator Halford's point about remote
sites was well taken and should be given consideration. He
discussed another scenario that would not be covered by HB 343, in
which a company might barge equipment to Seward from Southeast and
then transport the equipment by road. He repeated this bill is
very narrow in its focus.
Number 436
SENATOR HALFORD asked what DOTPF's position has been, and what the
federal law requires. He questioned whether the owner's principal
place of business could be changed to the community where the job
site is located.
REPRESENTATIVE DAVIS said the federal regulations used by the state
to establish its statute related to requirements for commercial
drivers licenses. The federal law required that commercial drivers
license regulations address the issue of an operator's job function
rather than job title.
SENATOR HALFORD moved to change the phrase "owner's principal place
of business" to "owner's principal job office" to specify the
office of a particular project.
SENATOR GREEN suggested leaving the existing language as is but
adding the words, "or project office."
Number 472
REPRESENTATIVE DAVIS stated his agreement with the proposed
amendment.
VICE-CHAIR WILKEN noted without objection, the proposed amendment
was adopted.
Number 482
BARBARA HUFF-TUCKNESS, representing Teamsters Local 959, made the
following comments in opposition to HB 343 via teleconference. If
HB 343 applied to individuals qualified to drive particular types
of equipment over 26,000 pounds, the Teamsters would not oppose
this bill. The Teamsters' concern is that many of its workers are
required to possess a commercial drivers license (CDL) for several
purposes. A CDL requires a driver to be trained to operate a
particular piece of equipment under certain conditions and to know
the permitting process. The fact that HB 343 will not require an
operator driving a vehicle weighing over 26,000 pounds to have a
CDL does not preclude the requirement for a temporary permit in the
movement of commercial vehicles on a public highway. Second, the
Teamsters Local 959 represents members who load and unload cargo at
the Port of Anchorage. Various types of equipment move in and out
of the shipyards quickly to enable the barges to get back on the
waterways. All Teamsters in that area are required to have a CDL
even though there is a public highway between the Sealand and Tote
(ph) yards and the ship area. The Teamsters believe that operator
standards should be required for safety reasons because a lot of
public traffic will be using that area. Current regulation allows
for "incidental" movement without a CDL, which has been interpreted
by the Teamsters to mean crossing a public roadway by happen chance
but not actually putting a vehicle right in the midst of a public
roadway. MS. HUFF-TUCKNESS repeated that operators need to meet
certain standards in order to ensure the protection of the public.
Number 552
REPRESENTATIVE DAVIS advised that most of the Teamsters' concerns
have been taken care of. Regarding operations around ports,
federal regulations indicate that the exclusions in HB 343 are not
allowable when commercial vehicles are moved in the furtherance of
a transportation purpose, therefore operators of large loaders
unloading cargo from ships would not be exempted from the CDL
requirement. He suggested if HB 343 is amended to include the same
transportation purpose, a definition will need to be included.
Representative Davis explained nothing in HB 343 releases the
permitting requirement for over width or overweight vehicles
traveling on the highways. Those vehicles will need a permit as
well as pilot vehicles and proper flagging equipment. Regarding
the safety concerns expressed by Ms. Huff-Tuckness, drivers taking
the CDL test drive trucks when being tested, not specialized
equipment. No part of the CDL test requires the applicant to show
proficiency in operating this type of equipment. The problem of
crossing traffic does count: an operator crossing the highway from
one gravel pit to another could be stopped by a police officer and
ticketed for not having a CDL; HB 343 is intended to correct that
situation. The 150 mile limit is arbitrary and was plagiarized
from the agricultural vehicle regulations; it was included so that
some restrictions would apply.
VICE-CHAIR WILKEN asked Ms. Hensley if deleting the 150 mile radius
provision will conflict with federal regulations.
SENATOR HALFORD thought that question was resolved by adding the
job office language. He explained to Ms. Hensley that phrase was
added to cover the movement of vehicles barged to remote projects.
TAPE 98-10, SIDE B
JUANITA HENSLEY, Chief of the Division of Motor Vehicles (DMV),
Department of Administration, replied from a safety standpoint,
driving special mobile equipment on public highways will create a
danger but from a driver licensing standpoint, the provision will
not conflict with the federal Driver License Act. She added an
applicant for a CDL must meet a minimum age requirement. She noted
the 150 mile radius provision also raises safety concerns.
SENATOR HALFORD responded his concern was not with the 150 mile
limit, it was with the principal office.
VICE-CHAIR WILKEN noted by the definition of special mobile
equipment under Title 13, one could not drive any of those vehicles
very far.
SENATOR HALFORD stated the equipment cannot be designed for
transportation of passengers or property on a highway, therefore
one can assume this equipment cannot be licensed for highway use.
MS. HENSLEY indicated the equipment is not safe for regular travel
on the roadway because of weight and safety concerns.
VICE-CHAIR WILKEN stated page 2 of the sponsor statement contains
a list of the kinds of special mobile equipment.
Number 558
REPRESENTATIVE DAVIS stated the purpose of the permitting process
is to address safety concerns to the extent possible.
SENATOR HALFORD pointed out three or four bills in the Legislature
deal with motor vehicle issues: the definition of commercial motor
vehicles; power units; trailers; and weight limitations. Some of
the legislation amends other legislation in the process. He
questioned whether the order of action on the bills will have the
affect of repealing the first bills signed by the Governor.
REPRESENTATIVE DAVIS replied he ran into that problem when drafting
this legislation and attempted to use language in this bill
consistent with that used by DMV.
SENATOR GREEN clarified that the order in which the bills are
transmitted to the Governor is the key to whether the provisions of
any of the bills will negate the others.
SENATOR HALFORD asked the sponsor to check the other pieces of
legislation to determine whether the bill will require a floor
amendment.
Number 522
SENATOR GREEN moved SCSCSHB 343(TRA) from committee with individual
recommendations. There being no objection, the motion carried.
CSHB 386(FIN) - RE AK INDUS. DEVELOP & EXPORT AUTHORITY
SENATOR GREEN moved to adopt SCSCSHB 386(TRA), version K, as the
working document before the committee.
VICE-CHAIR WILKEN informed committee members the change on page 6
addresses Senator Halford's concerns about access to confidential
information.
MR. JOE FIELDS stated he was available to answer questions via
teleconference.
MR. KEITH LAUFER and MS. KATELYN MARKELY of AIDEA noted they were
available to answer questions via teleconference.
MR. MIKE SCOTT, Mat-Su Borough Manager, stated he was available to
answer questions and supports the version of the bill under
discussion.
Number 491
SENATOR HALFORD expressed concern that version K still provides for
confidentiality of credit reports from consumer reporting agencies,
and other credit information. He emphasized that when a business
applies for money from a government, it should agree to public
review of financial information as long as the information is not
to be used in an anti-competitive manner. He added the Legislature
should be able to access the confidential items listed in the bill,
provided legislators swear to keep the information confidential.
AIDEA wanted to change the list to delete one of the items he had
a concern with, and to add a section allowing legislators access to
confidential information. Senator Halford thought both of those
changes should be part of the committee substitute.
VICE-CHAIR WILKEN informed Mr. Laufer that Senator Halford was
suggesting that lines 1 and 2 on page 7 be deleted.
KEITH LAUFER, Financial and Legal Affairs Manager for AIDEA,
pointed out that a provision allowing legislators to access
confidential information was included in the committee substitute
in Section D. Regarding credit reports, AIDEA believes that the
federal Fair Credit Reporting Act prohibits release of that
information, which is covered by item 7.
SENATOR HALFORD moved to delete item number 4, on lines 1-2 on page
2, recognizing that part is covered by federal law. There being no
objection, the motion carried.
VICE-CHAIR WILKEN informed committee members the second change to
the bill is the addition of the harbor facilities project for the
City of Whittier, beginning at the bottom of page 13.
Number 450
JOHN WALSH, a lobbyist for the City of Whittier, made the following
comments. The City of Whittier is soon to become a major access
point for travel around Prince William Sound. The Whittier access
project is nearing completion, and has entailed expanding the train
tunnel to accommodate vehicle traffic. Phase 1 of the project is
near completion; it will provide for travel from the Portage
Visitor Center to Bear Creek. DOTPF has received two bids for
Phase 2 which will expand the main tunnel. Phase 3 will include
moderate road improvements on the Whittier side to allow access to
the marine terminal. As soon as this project is completed, DOTPF
anticipates the number of annual visitors to increase to 875,000,
and within five years to 1.4 million. Many of the visitors will be
Alaska residents who will recreate in Prince William Sound. The
moorage capacity at Whittier is about 340 vessels, and there is a
current waiting list of over 700. The City of Whittier desperately
needs to consider harbor expansion; the inclusion of that project
in this bill is a major step in that direction.
The committee took a brief at-ease.
VICE-CHAIR WILKEN informed participants an attempt was being made
to contact Senator Ward.
HJR 67 - AIR FLIGHTS RUSSIAN FAR EAST
IRENE SHIELDS, staff to Representative Williams, sponsor of HJR 67,
read the sponsor statement. HJR 67 urges the U.S. Department of
Transportation to negotiate renewal of the bilateral agreement to
retain the mandatory stopover in Anchorage for the trans-Pacific
flights between the Russian Far East and the U.S. The current
bilateral agreement is due to expire in May of 1998. The
continuation of mandatory stopovers of Russian air carriers is
important to preserve the position of Anchorage as the American
gateway to the Russian Far East. Alaska has established agreements
with many cities and territories in the Russian Far East to help
with their transition into the market based economy.
Discontinuation of direct Alaskan air service will severely hamper
these efforts. Absent the agreement, Anchorage International
Airport could experience an additional decline in international air
traffic and local jobs.
RHONDA THOMPSON informed committee members that Senator Stevens
announced in a press release the previous Friday that the bilateral
agreements were being negotiated, that the Russian mandatory
stopover was indeed on the table, and that they had successfully
negotiated continuation of that route. However, after further
discussion, it was learned the bilateral negotiations are ongoing
and will conclude in June. Therefore, passage of HJR 67 is
imminent. Alaska Airlines will cease operations in the Russian Far
East in the event that the mandatory stopover from the Russian side
is not retained.
VICE-CHAIR announced HJR 67 would be held until a quorum was
present.
The committee took a brief at-ease.
HJR 63 - ADAK AIRPORT
BRYCE EDGMON, legislative aide to Representative Carl Moses,
sponsor of HJR 63 informed committee members the resolution urges
Congress to appropriate funds for the Mitchell Field Adak Airport.
The resolution passed the House unanimously. He noted DOTPF has
requested that the phrase "to the Adak Reuse Corporation" be
deleted for the purpose of consistency, because the money will be
appropriated to the State of Alaska for operations and maintenance.
VICE-CHAIR WILKEN asked Mr. Edgmon to provide the committee with a
committee substitute at its next meeting.
The committee took a brief at-ease.
VICE-CHAIR WILKEN announced that HB 386, HJR 63, and HJR 67 are
pending in committee and that the 24 hour rule is now in effect.
He asked participants to await Chairman Ward's direction on
movement of the legislation. He then adjourned the meeting.
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