Legislature(2003 - 2004)

02/25/2003 01:37 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                       February 25, 2003                                                                                        
                           1:37 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Cowdery, Chair                                                                                                     
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Gene Therriault                                                                                                         
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donny Olson                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 31                                                                                                              
"An Act relating to a railroad utility corridor for extension of                                                                
the Alaska Railroad to Canada and to extension of the Alaska                                                                    
Railroad to connect with the North American railroad system."                                                                   
     BILL POSTPONED TO MARCH 11, 2003                                                                                           
                                                                                                                              
Confirmation Hearing:                                                                                                           
Department   of   Transportation    and   Public   Facilities   -                                                               
Commissioner Mike Barton;                                                                                                       
CONFIRMATION ADVANCED                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Confirmation nominee:                                                                                                           
                                                                                                                                
Mike Barton                                                                                                                     
Department of Transportation & Public Facilities                                                                                
3132 Channel Drive                                                                                                              
Juneau, AK  99801-7898                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-04, SIDE A                                                                                                            
                                                                                                                                
CHAIR  JOHN COWDERY  called  the  Senate Transportation  Standing                                                               
Committee meeting  to order at  1:37 p.m.  Present  were Senators                                                               
Wagoner, Lincoln and  Chair Cowdery.  Senator  Olson was excused.                                                               
Senator Therriault arrived at 1:40  p.m. The confirmation hearing                                                               
for  Commissioner-designee  Mike  Barton  of  the  Department  of                                                               
Transportation  and Public  Facilities (DOTPF)  was the  business                                                               
before  the  committee.    Chair  Cowdery  invited  Commissioner-                                                               
designee Barton  to come  forward and speak  on the  direction of                                                               
DOTPF under his tenure.                                                                                                         
                                                                                                                                
COMMISSIONER-DESIGNEE  MIKE  BARTON  informed  committee  members                                                               
that  DOTPF's direction  [will  vary] depending  on  the mode  of                                                               
transportation.   DOTPF   needs   to   optimize   and   build   a                                                               
transportation  system  that  fits  the  needs  of  Alaskans.  He                                                               
explained:                                                                                                                      
                                                                                                                                
     Specifically with  the Marine  Highways for  example, I                                                                    
     think that  we need to improve  communications with the                                                                    
     user groups  and the  communities that  it serves.   We                                                                    
     need to strive to reduce  the amount of general funding                                                                    
     that  gets devoted  to the  Marine  Highway System  and                                                                    
     that will take some doing. I  think that we need to get                                                                    
     on with  implementing the fast  ferry concept.  I think                                                                    
     that's a means of achieving  a reduction in the general                                                                    
     fund demands.                                                                                                              
                                                                                                                                
     And I  think one of  the first  tasks that I  would ask                                                                    
     the  new  Marine Advisory  Board  to  undertake is  the                                                                    
     examination  and clarification  of the  mission of  the                                                                    
     Marine  Highway System.  I believe  that there's  not a                                                                    
     clear  understanding on  what we  really wanted  to do.                                                                    
     On the one hand, we  wanted to provide basic service to                                                                    
     Alaskans, on the  other hand we wanted  to provide sort                                                                    
     of a  cruise ship, a  pseudo-cruise ship.  And  I think                                                                    
     it's important that we look  at those things and decide                                                                    
     specifically what we want to emphasize.                                                                                    
                                                                                                                                
     In  the long  term I  think that  - I  see a  system of                                                                    
     short ferry  links as  we develop  the road  system, as                                                                    
     the road  system matures  so that  we don't  have these                                                                    
     long  hauls.  I think  there  will  still always  be  a                                                                    
     Bellingham -  Skagway, the Prince Rupert  - Skagway but                                                                    
     some  of the  like,  Juneau to  Haines  and Skagway,  I                                                                    
     think we'll get  the road links developed  and we'll be                                                                    
     able to work  with more of the short ferry  links and a                                                                    
     completely different  style of  boat, ship.   That will                                                                    
     all help, I think,  provide better service for Alaskans                                                                    
     and  at  the same  time  reduce  the need  for  general                                                                    
     funds.                                                                                                                     
                                                                                                                                
CHAIR  COWDERY interjected  that  he has  received requests  from                                                               
many of the tourism companies to provide a two-year schedule.                                                                   
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON  replied a two-year  summer schedule                                                               
has been  discussed. It  is more problematic  during the  rest of                                                               
the year because  ships are in lay-up and lay-up  time depends on                                                               
the amount of  funding available for the repair  work. The Marine                                                               
Highway  staff   believes  two-year   summer  schedules   can  be                                                               
provided.                                                                                                                       
                                                                                                                                
CHAIR COWDERY said that would  be helpful.  The tourism companies                                                               
were having difficulty making bookings for tourists.                                                                            
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON said  he  did not  think  it was  a                                                               
problem  but there  would have  to be  recognition of  unforeseen                                                               
events. He continued.                                                                                                           
                                                                                                                                
     In  terms of  air transportation,  I think  we need  to                                                                    
     continue to improve  our airports.  You  know we've got                                                                    
     a program where we're trying  to get all the runways to                                                                    
     3300  feet.   Some would  like to  get up  to 3500  and                                                                    
     depending on  the bypass mail  changes, we may  have to                                                                    
     get  to 4000  at some  of the  airports.   Many of  our                                                                    
     airports  still need  lights  and there  are  a lot  of                                                                    
     airports where  we need to  pave the runways.   We need                                                                    
     to finish the Anchorage terminal project.                                                                                  
                                                                                                                                
CHAIR COWDERY added he thought the  committee was going to have a                                                               
hearing on the Anchorage Airport.                                                                                               
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON   said  the  department   has  been                                                               
looking  at  ways to  address  the  Anchorage Airport  and  would                                                               
provide information at the time of the hearing. He told members:                                                                
                                                                                                                                
     In terms  of the road system,  I think that we  need to                                                                    
     get some  traces on the  ground.  Historically  DOT has                                                                    
     been very  heavy into  the reconstruction  phase rather                                                                    
     than  construction  and  we   need  to  get  into  more                                                                    
     construction.   The  Governor  talked about  industrial                                                                    
     access roads, community  access roads.  We  need to get                                                                    
     on with that in order to  help grow the economy of this                                                                    
     state.   And  in many  cases, we  don't need  a typical                                                                    
     highway. You  know, in  some cases  a much  smaller low                                                                    
     volume road will get the job done.                                                                                         
                                                                                                                                
     And  so I  see challenges  coming on  the financing  of                                                                    
     those roads and  we're gona have to look  for a variety                                                                    
     of ways  I think to  finance those roads.   The federal                                                                    
     highway aid  system brings with  it a lot  of standards                                                                    
     that  perhaps aren't  - not  what we  need for  many of                                                                    
     these roads.   But there's  a number of them  out there                                                                    
     and we're getting more suggestions  all the time but we                                                                    
     need  to figure  out which  ones  we can  get on  with,                                                                    
     which ones have the highest  payoff and what's the best                                                                    
     way to  finance them.    You know there's a  variety of                                                                    
     mechanisms...federal   highway   aid,  perhaps   Denali                                                                    
     Commission money, general  funds, bond program, perhaps                                                                    
     private.  Some  of  these  may  be  very  suitable  for                                                                    
     private development.  In some  cases the developers may                                                                    
     prefer development privately.                                                                                              
                                                                                                                                
     So that's  kind of it in  a nutshell.  I  think we need                                                                    
     to  continue   to  put  more   money  in   the  capital                                                                    
     investment on roads in order  to decrease the amount of                                                                    
     money   we   need   later  in   maintenance   and   the                                                                    
     department's been  doing that  and we need  to continue                                                                    
     to emphasize  that.  If  you look at life  cycle costs,                                                                    
     it's cost  effective to do  that plus it's  a different                                                                    
     source of money.                                                                                                           
                                                                                                                                
1:47 p.m.                                                                                                                     
                                                                                                                                
SENATOR LINCOLN  said it was  good to  have Commissioner-designee                                                               
Barton in  front of the committee.   She said it  was encouraging                                                               
and nice  to see  on his  resume he  is a  long time  Alaskan and                                                               
familiar with Alaska.                                                                                                           
                                                                                                                                
SENATOR LINCOLN  described her concerns as  follows. The Governor                                                               
has  indicated he  wants to  have  resources developed.  Resource                                                               
development  requires infrastructure,  meaning roads,  a railroad                                                               
or air access in and out of the development sites. She stated:                                                                  
                                                                                                                                
     When we  hear talk about  the 10 percent cuts  that are                                                                    
     possibly coming  down from the departments  or more, or                                                                    
     even if you  hold the line, and we hear  the talk about                                                                    
     the development, how do you  match those two things up?                                                                    
     How are  you going  to get  the funding  to do  some of                                                                    
     these projects?  I hear  you talk about the bonding and                                                                    
     private dollars but for GF  [general funds] how will we                                                                    
     possibly go forward with  developing resources with our                                                                    
     limited GF  dollars we've got  and the  limited federal                                                                    
     dollars coming down quite frankly?                                                                                         
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON said  intense discussions have taken                                                               
place  during   the  budget  development  with   OMB  (Office  of                                                               
Management and  Budget). It is  too soon  to tell how  DOTPF will                                                               
fair  but  he  is  optimistic   because  the  Governor  has  made                                                               
transportation  one of  his priority  issues.   He said  that was                                                               
about as much as he could say at this point.                                                                                    
                                                                                                                                
SENATOR LINCOLN stated,  "Which doesn't answer my  question but I                                                               
appreciate your  honesty in that."   She  said her other  area of                                                               
concern  is construction  versus  reconstruction.   The piece  of                                                               
legislation  in  the "hopper"  is  the  proposed new  Circle  Hot                                                               
Springs to Chena Hot Springs Loop  Road.  The real problem is the                                                               
Central  to  Circle  road, a  horrible  almost  impassable  road.                                                               
People have  to use this road  to reach the longer  runway to get                                                               
out for  medical reasons and  other services.   She asked  how he                                                               
balances reconstruction versus construction  when there is a real                                                               
reconstruction need out there.                                                                                                  
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON  said that is a  difficult situation                                                               
and  he  had  not  meant  to   imply  DOTPF  was  going  to  stop                                                               
reconstruction.   The bulk  of the money  will probably  still be                                                               
spent on reconstruction.   He said he is concerned  that some new                                                               
roads  are  built.  Picking  which  roads  to  build  will  be  a                                                               
balancing  act  that will  have  to  reflect people's  needs.  He                                                               
added:                                                                                                                          
                                                                                                                                
     You know  there's very  possibly a  road that  serves a                                                                    
     very  few people,  on the  other  hand it  may be  just                                                                    
     extremely important  to them, whereas a  road that your                                                                    
     reconstructing  may  be  more   a  matter  of  reducing                                                                    
     commute  time or  making traffic  flow a  little faster                                                                    
     when  there are  alternatives.  I think  it's really  a                                                                    
     judgment  call that  has to  be  made on  that sort  of                                                                    
     thing and it's not an  easy one because there's so many                                                                    
     requests for both types, the  reconstruction as well as                                                                    
     the new construction.   We have $8  billion dollars, $8                                                                    
     billion  dollars in  identified  needs  in this  state.                                                                    
     That's how much is on the needs list.                                                                                      
                                                                                                                                
SENATOR  LINCOLN  asked if  that  was  for new  construction  and                                                               
reconstruction.                                                                                                                 
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON answered  yes.   He thought  mostly                                                               
reconstruction.                                                                                                                 
                                                                                                                                
SENATOR THERRIAULT stated:                                                                                                      
                                                                                                                                
     I was contacted  the other day by a  member, a trucker,                                                                    
     who  talked   about  some  seasonal   late  restriction                                                                    
     bottlenecks  in  the  system  and  I'm  wondering  what                                                                    
     you've  got  planned  to  switch  around  the  decision                                                                    
     making process on that effort  to maybe relieve some of                                                                    
     the bottlenecks  from being seasonally  imposed causing                                                                    
     problems all  the way down  to when the  containers are                                                                    
     loaded in Seattle.                                                                                                         
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON said he had  been working with Frank                                                               
Dillon,  Alaska  Truckers Association,  as  well  as Dick  Katno,                                                               
Associated General Contractors,  on this question.   The need for                                                               
weight  restrictions   decreases  as   the  major   highways  are                                                               
upgraded.   The highway  has an upgraded  section, followed  by a                                                               
non-upgraded  section, and  then  another  upgraded section.  The                                                               
weight  restrictions are  dictated  by the  weakest  link in  the                                                               
chain.  He  informed committee members he agreed to  use the same                                                               
weight restrictions this  year that were used last  year and will                                                               
work with the  truckers to examine other things  that might help,                                                               
such as lower tire pressures and  lower speeds.  DOTPF would like                                                               
to  get to  the point  where it  does not  have to  impose weight                                                               
restrictions but is not there yet.                                                                                              
                                                                                                                                
SENATOR  THERRIAULT  said if  the  container  does not  meet  the                                                               
weight restriction and  the driver gets stopped  and ticketed, he                                                               
still drives  over the  weak portion  of pavement.   He  asked if                                                               
reconstruction  was scheduled  for that  stretch of  road so  the                                                               
weight limits would not have to be imposed.                                                                                     
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON  said  DOTPF   has  a  schedule  to                                                               
upgrade  roads to  the  point where  weight  restrictions can  be                                                               
eliminated.                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  asked,  "But  not until the road  is actually                                                               
reconstructed?"                                                                                                                 
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON  said they had to  harden those weak                                                               
links.  Perhaps, by working  with the truckers, alternative means                                                               
can  be found  that allow  weight  restrictions to  be raised  or                                                               
eliminated.  At  this point, DOTPF does not  have the alternative                                                               
means.                                                                                                                          
                                                                                                                                
SENATOR THERRIAULT  asked if federal  funds might  be reallocated                                                               
or  shifted   in  the  STIP  (State   Transportation  Improvement                                                               
Program)  fund  allocation  process. He  explained  the  northern                                                               
region has the  majority of lane miles but it  is said the region                                                               
is not getting its  fair share of funds.  He said  he tries to be                                                               
sensitive to the  fact that the lane miles in  the Anchorage area                                                               
are  fewer but  receive  a lot  of  wear and  tear.  He asked  if                                                               
Commissioner-designee Barton  anticipates any direction  from the                                                               
Governor on reevaluating the way the money is distributed.                                                                      
                                                                                                                                
1:55 p.m.                                                                                                                     
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON clarified  the  STIP  process is  a                                                               
federally dictated process. He explained:                                                                                       
                                                                                                                                
     I can tell you I'm very  frustrated with it and I think                                                                    
     the  public is  very  frustrated with  it.  Part of  my                                                                    
     frustration is inherent  in the process and  part of my                                                                    
     frustration  relates  to the  way  we  use it  and  I'm                                                                    
     wanting  to change  the way  we use  it. The  public is                                                                    
     frustrated because  a project  shows up  in a  '03 STIP                                                                    
     and the next  thing you know, it's in the  '04 STIP and                                                                    
     the '05 STIP.   And there [are] some  very good reasons                                                                    
     for that  sometimes and  sometimes they  may not  be so                                                                    
     good.                                                                                                                      
                                                                                                                                
     But I  think we  have to  really look  at the  way that                                                                    
     we're  estimating these  projects  because that's  what                                                                    
     happens when  these shift a  lot of times is  they were                                                                    
     in  the STIP  at  a  certain level  and  then when  you                                                                    
     actually  build them  they've mushroomed  so that  that                                                                    
     has to displace something else yet to be built.                                                                            
                                                                                                                                
     Now the reason that cost  has gone up sometimes is very                                                                    
     legitimate and  one of  the big  things that  drives up                                                                    
     the cost  is increased right-of-way costs.   And that's                                                                    
     just  a function  of escalating  land  values from  the                                                                    
     time when  the project was  conceived to the  time when                                                                    
     you actually  go out there  to buy  it.  We've  got one                                                                    
     project... in the Mat-Su  Valley where the right-of-way                                                                    
     costs have tripled and that  then bumps things out.  So                                                                    
     if we can do a better  job at anticipating that sort of                                                                    
     thing, then I  think we can have a  more reliable, more                                                                    
     dependable  STIP  process.  But the  process  is  labor                                                                    
     intensive for  the public and  I'm sure they  get tired                                                                    
     of it.                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT described  a concern  in Fairbanks.   Without                                                               
the  federal  float  dollars  being   spread  around  the  state,                                                               
contractors go out  of business. The contractors  cannot hold out                                                               
until the money comes around again.   When the next project comes                                                               
up, competitive  bidding is  not there to  the extent  desired so                                                               
the cost goes up. He said he  was looking for some kind of spread                                                               
of projects to  make sure the bidders remain  healthy and viable.                                                               
The need  is higher  in all locations  than funding  is available                                                               
for.                                                                                                                            
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON  said DOTPF recognizes and  tries to                                                               
deal with that  situation.  DOTPF knows it is  not in the state's                                                               
best  interest  to  have  no   contractors  and  then  a  lot  of                                                               
contractors and  then no  contractors.  He  offered to  provide a                                                               
list  of  contracts  to  be  awarded this  year  and  said  those                                                               
projects are pretty well spread around the state.                                                                               
                                                                                                                                
SENATOR THERRIAULT said he would like to see the list.                                                                          
                                                                                                                                
SENATOR LINCOLN requested  the list be provided  to all committee                                                               
members.                                                                                                                        
                                                                                                                                
SENATOR WAGONER asked the carrying capacity of the fast ferries.                                                                
                                                                                                                                
COMMISSIONER-DESIGNEE   BARTON   said   a  fast   ferry   carries                                                               
approximately 35 vehicles and 200 passengers.                                                                                   
                                                                                                                                
SENATOR WAGONER  pointed out he has  been in Alaska for  about 30                                                               
years and  has been bothered  by Alaska's road construction.   He                                                               
noted  he   had  always  wanted   to  ask  the   Commissioner  of                                                               
Transportation the following question:                                                                                          
                                                                                                                                
     Where I come from, they generally  put a lift of 6 to 8                                                                    
     inches of good,  clean, crushed rock as a  cap on every                                                                    
     road they build  before they pave it.   And I've driven                                                                    
     over a 30-mile stretch of  road between my hometown and                                                                    
     Carson, Washington,  and we get  a lot of  freezing and                                                                    
     thawing there too. And that  road today, it was rebuilt                                                                    
     in  - approximately  35  years ago  and  there's a  few                                                                    
     patches on it, but basically  the road bed and the road                                                                    
     is still  just about as good  as it was the  day it was                                                                    
     built. Have we ever thought  about trying to put better                                                                    
     material on  our roads or is  it a fact that  we don't?                                                                    
     I  mean I've  never seen  a road  with a  cap on  it of                                                                    
     crushed rock in  the State of Alaska.  Is  there such a                                                                    
     stretch of road?                                                                                                           
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON  answered  he was  sure  there  is.                                                               
DOTPF is trying to put better  material on Alaska roads.  Part of                                                               
what determines  the life  of a road  is the  material available.                                                               
Generally, the rock  in Alaska is too soft  for road construction                                                               
however, that is not true in a few places.                                                                                      
                                                                                                                                
SENATOR WAGONER asked if the rock does not fracture right.                                                                      
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON  pointed out  it  is  too soft  and                                                               
doesn't  wear well.  DOTPF  is  using a  different  oil mix  with                                                               
polymers  in it  and  that  seems to  be  wearing  better. A  top                                                               
surface of  hard rock is  very expensive;  in this area  it comes                                                               
from Haines.  DOTPF is  also treating the sub-base underneath the                                                               
road and  the fines  are being  captured, which  makes it  a more                                                               
wearable base and that is helping.                                                                                              
                                                                                                                                
SENATOR WAGONER said the last lift  on the road is generally 6 to                                                               
8 inches  of good crushed rock  that screens perfectly.   He said                                                               
maybe that type of rock is not available in Alaska.                                                                             
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON  replied  the  rock  in  Alaska  is                                                               
variable but, in general, too soft.                                                                                             
                                                                                                                                
CHAIR COWDERY interjected  that base coats like those  with a D-1                                                               
classification are crushed rock that  include fines and work as a                                                               
reinforcement.  It  is compacted in layers and is  now being used                                                               
with a fabric.                                                                                                                  
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON  said he would be  delighted to have                                                               
DOTPF design  people come to the  Senate Transportation Committee                                                               
and brief them on construction techniques.                                                                                      
                                                                                                                                
SENATOR  WAGONER said  he  would  like that.  He  noted the  road                                                               
between Kenai  and Anchorage was recently  rebuilt. Several times                                                               
he looked  at the  materials being  used. He  stated, "I  told my                                                               
wife several times  that it just makes me sick  because they were                                                               
going to  have to rebuild that  road before long."   The blacktop                                                               
was crushed  and the road  was taken up.   He said  the materials                                                               
did not look good but maybe good materials are not available.                                                                   
                                                                                                                                
SENATOR  WAGONER said  he usually  drives 4-wheel  drive vehicles                                                               
and does  not use  studs or believe  studs give  better traction.                                                               
Millions of dollars  are spent in Alaska rebuilding  roads due to                                                               
wear of  the pavement by studded  tires. He asked if  anything is                                                               
being done to get away from studded tires.                                                                                      
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON said  that earlier  efforts to  ban                                                               
heavy   steel  studs   and  only   allow   aluminum  studs   were                                                               
unsuccessful.  A  plastic stud is available but it  does not seem                                                               
to be  very popular.   Some states have  banned the use  of studs                                                               
because they are expensive when it comes to road wear.                                                                          
                                                                                                                                
SENATOR WAGONER  said, "Maybe the  three letter word needs  to be                                                               
looked at. If you want to put a  studded tire on your car you pay                                                               
a tax that would go into a maintenance program for highways."                                                                   
                                                                                                                                
CHAIR COWDERY inserted, "A user fee."                                                                                           
                                                                                                                                
SENATOR WAGONER  replied, "Oh, Heaven  forbid, a  Republican said                                                               
the  three  letter  word."  He   added  the  state  is  paying  a                                                               
horrendous  bill because  of the  damage  done by  stud use  when                                                               
there is no snow or ice on the roads.                                                                                           
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON responded  that is  one way  to pay                                                               
for road  maintenance and  looking at  some sort  of user  fee or                                                               
surcharge is worthwhile.                                                                                                        
                                                                                                                                
2:07 p.m.                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  said he thought  an in-depth  discussion took                                                               
place when [former]  Representative Hanley introduced legislation                                                               
about studded  tire use in  the past.  The research at  that time                                                               
showed  that a  lot  of  the damage  is  caused  when the  casing                                                               
strikes  the  pavement, not  from  the  stud.   The  aluminum  or                                                               
plastic casing  holds the stud  in the tire.   He asked  if DOTPF                                                               
has continued to  review research on the level of  damage from an                                                               
aluminum casing  with a  steel stud.  He suggested  explaining to                                                               
constituents  that researchers  have identified  the part  of the                                                               
studded snow  tire that  causes most  of the  damage and  that is                                                               
what the legislature wants to address.                                                                                          
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON recalled  that such  an effort  was                                                               
made  in  1995. He  said  it  is  fairly  well accepted  that  an                                                               
aluminum casing  has less  of an  impact on  the pavement  than a                                                               
steel casing.                                                                                                                   
                                                                                                                                
SENATOR THERRIAULT  asked if  50 percent of  the wear  comes from                                                               
the casing and 50 percent from the stud.                                                                                        
                                                                                                                                
CHAIR COWDERY explained the tungsten  that hits the pavement does                                                               
the damage.   The heavier steel imbedded to hold  the stud in the                                                               
tire may come out and wear the pavement fast.                                                                                   
                                                                                                                                
SENATOR LINCOLN said a lot of  research was done on another piece                                                               
of legislation about  this issue. She suggested  that DOTPF staff                                                               
review that research.  She noted the type of stud  that would not                                                               
damage pavement  could not  be acquired in  the United  States at                                                               
that time.                                                                                                                      
                                                                                                                                
CHAIR  COWDERY  said  the  University of  Alaska  found  that  50                                                               
percent of  drivers do not use  studs and that 98  percent of the                                                               
time the pavement is dry but  studs are used year-round.  He said                                                               
the  trucking  industry  and  the Anchorage  Police  do  not  use                                                               
studded tires and that other options are available.                                                                             
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON pointed out that  the use of studded                                                               
tires is an emotional issue.                                                                                                    
                                                                                                                                
SENATOR WAGONER said so are dollars.                                                                                            
                                                                                                                                
SENATOR  LINCOLN  said Commissioner-designee  Barton's  statement                                                               
about DOTPF's mission being a bit  outdated and in need of review                                                               
interests her.  She asked if he  had some type of goal in mind to                                                               
complete the mission  statement or to look at  how the department                                                               
is going to operate under his administration.                                                                                   
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON  said he was  referring specifically                                                               
to  the  Marine  Highway  mission.  He  believes  the  Governor's                                                               
reorganization of  department headquarters  along modal  lines is                                                               
very good. The three modes  are highways and facilities, aviation                                                               
and  marine  highway. The  Governor  also  added two  boards,  an                                                               
Aviation  Advisory Board  and  a  Marine Transportation  Advisory                                                               
Board.  The   Governor  left  the   organization  in   the  field                                                               
integrated.  Commissioner-designee  Barton  said he  thought  the                                                               
department could  still deliver  services in an  efficient manner                                                               
with  the integrated  field units  and at  the same  time improve                                                               
management  focus in  each  of  the three  modes  because of  the                                                               
change in the staffing at headquarters.                                                                                         
                                                                                                                                
SENATOR LINCOLN said she would read  a question on behalf of some                                                               
fisher people to make sure to say it correctly.                                                                                 
                                                                                                                                
     One of  the biggest  issues facing the  salmon industry                                                                    
     is improved  transportation....  No  reliable dedicated                                                                    
     statewide air  cargo service for  moving salmon  out of                                                                    
     state exists.   Refrigerated  cargo service  aboard the                                                                    
     state ferries has been proposed  but not moved forward.                                                                    
     What can  DOT do,  given the current  fiscal situation,                                                                    
     to attract or  assist cargo businesses to  the state to                                                                    
     economically move salmon out of state?                                                                                     
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON said  he  thought  the ferries  had                                                               
refrigerated   vans.   He   pointed   out  the   issue   of   air                                                               
transportation   gets    back   to   providing    the   necessary                                                               
infrastructure  for air  cargo companies  to be  able to  service                                                               
these communities.  In some cases, a  road link may be  needed to                                                               
get the fish  to the airport. He asserted he  did not believe the                                                               
state should be  in the business of operating  air cargo flights,                                                               
which ought  to be a  function of the  private sector. It  is the                                                               
state's  business  to  provide the  infrastructure  in  terms  of                                                               
airports and  roads so  the air cargo  companies can  provide the                                                               
service.                                                                                                                        
                                                                                                                                
SENATOR LINCOLN  clarified the question  was about  attracting or                                                               
assisting cargo businesses, not  the state going into competition                                                               
with them.  She said she  would be interested in meeting with him                                                               
later to look at  ways to get fish to market  quickly.  She added                                                               
she  was  interested  to hear  how  Commissioner-designee  Barton                                                               
would implement the very important role DOTPF plays.                                                                            
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON agreed DOTPF  plays a very important                                                               
role and said  he would be pleased  to look at the  issue in more                                                               
detail and get back to her.                                                                                                     
                                                                                                                                
2:16 p.m.                                                                                                                     
                                                                                                                                
SENATOR LINCOLN asked, "As you  know the Administrative Order 199                                                               
on  forced accounting,  could you  talk a  little bit  about your                                                               
feeling about  that and maybe  your advice to  the Administration                                                               
on implementing that?"                                                                                                          
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON said  that was  a  subject of  some                                                               
discussion  he  has  had  with   staff,  the  Associated  General                                                               
Contractors and others. He added:                                                                                               
                                                                                                                                
     I would  hate to see  the department lose  entirely its                                                                    
     ability to  use force  account. On  the other  hand, on                                                                    
     the face of it, the  situation, and this is my personal                                                                    
     opinion, that created a lot  of the controversy was the                                                                    
     Saint Mary's project.   And on the face of  it that was                                                                    
     not a  good thing to  use, that  was too big  a project                                                                    
     for force account.  On  the other hand, as I understand                                                                    
     it and  I wasn't  here, I  understand that  the motives                                                                    
     were  designed  to  help   with  an  extremely  adverse                                                                    
     economic situation.                                                                                                        
                                                                                                                                
     But  it  just seems  to  me  that that  flexibility  is                                                                    
     important to have  for the Governor, and  again this is                                                                    
     me speaking, not  the Administration, please understand                                                                    
     that.   Force  account provides  an opportunity  to get                                                                    
     some things  done more  cheaply.  When  we -  there are                                                                    
     other things  other times when  it's cheaper to  get it                                                                    
     done through these private contracts.   Given the union                                                                    
     contract we have  to demonstrate that it  is cheaper to                                                                    
     get it done through private  contracts before we can go                                                                    
     that route.                                                                                                                
                                                                                                                                
     But  I think  the use  of force  accounts should  be on                                                                    
     small  things, things  that are  not  economical to  do                                                                    
     through  private  contracting.  I  believe  that  Saint                                                                    
     Mary's was too  big if you just look at  it on its face                                                                    
     and discount any  other reasons for having done  it.  I                                                                    
     would  like to  see 199  operate  for a  while and  see                                                                    
     whether it works.  It's not,  I believe we ought to use                                                                    
     the  private sector  to the  extent we  can but  I also                                                                    
     believe  we   need  to   have  some   capability,  some                                                                    
     flexibility within the department.                                                                                         
                                                                                                                                
SENATOR LINCOLN  said she was glad  to hear him say  that because                                                               
so often  local hire becomes  a real  issue if there  isn't force                                                               
accounting.  From all  indication, the  Saint Mary's  project was                                                               
very successful  and came in under  the bid amount.   She opined,                                                               
"I  don't know  how  you can  argue with  success  and all  local                                                               
hire."                                                                                                                          
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON said it depends on your objectives.                                                                
                                                                                                                                
CHAIR  COWDERY said  DOTPF  charges a  monthly  fee for  truckers                                                               
hauling goods  to Kenai in  doubles.   DOTPF does not  charge the                                                               
fee to haul doubles to Fairbanks  or any other part of the state.                                                               
He thought it penalizes commerce  between Anchorage and Kenai and                                                               
endorses eliminating the fee or balancing it out.                                                                               
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON   promised  to  look  at   the  fee                                                               
structure and said it does sound like there is an inequity.                                                                     
                                                                                                                                
CHAIR COWDERY said  he would ask about it again  at a later time.                                                               
He continued by saying he  talked to Commissioner-designee Barton                                                               
about using  rural contractors or  rural people on  certain kinds                                                               
of jobs.   Small jobs  that do  not require engineering  would be                                                               
lumped  together and  a contractor  would  be required  to be  on                                                               
call.   Chair Cowdery said he  worked with the City  of Anchorage                                                               
on that type  of project and it proved to  be very successful and                                                               
included Davis-Bacon wages.                                                                                                     
                                                                                                                                
COMMISSIONER-DESIGNEE  BARTON  said  DOTPF has  some  resourceful                                                               
people who have gotten hold  of Chair Cowdery's contracts and are                                                               
looking at them.                                                                                                                
                                                                                                                                
CHAIR COWDERY  said it seemed  they could  increase privatization                                                               
along that  line and include  winter maintenance.  He  added that                                                               
in rural Alaska,  some airports are very close to  each other but                                                               
no  roads  connect them  and  maintenance  of those  airports  is                                                               
substantial. He wanted  to address ways to  acquire federal funds                                                               
for that type of road.                                                                                                          
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON  explained that is exactly  the sort                                                               
of thing  he was referring  to with  community access roads.   He                                                               
stated:                                                                                                                         
                                                                                                                                
     We need  to get some Alcans  on the ground and  then we                                                                    
     can come along  and build them up as  the need develops                                                                    
     so that we don't have to  put in something for 30 years                                                                    
     from now  today.  But  we can put something  [in] today                                                                    
     that will suffice and is a  low enough cost that we can                                                                    
     build more of them.                                                                                                        
                                                                                                                                
TAPE 03-04, SIDE B                                                                                                            
2:25 p.m.                                                                                                                     
                                                                                                                                
SENATOR LINCOLN  pointed out in  recent years the  elimination of                                                               
the capital  matching funds for local  municipally owned airports                                                               
was discussed and proposed.  She asked the following.                                                                           
                                                                                                                                
   · What are his intentions as a new commissioner on this                                                                      
     issue?                                                                                                                     
   · Has there been any discussion of turning over the public                                                                   
     facility component of the department to the Department of                                                                  
     Administration?                                                                                                            
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON addressed the first question:                                                                      
                                                                                                                                
     Having  served as  the Chairman  of the  Juneau Airport                                                                    
     Board for  the last  several years I  was on  the other                                                                    
     end of  the elimination of  this local match so  I find                                                                    
     myself in a  bit of a pickle here. We've  not looked at                                                                    
     that,  by  inclination  I'm sympathetic  to  the  local                                                                    
     communities. I  mean it's not  a lot of money  but it's                                                                    
     pretty  important to  those communities  but I  need to                                                                    
     look  at that.  You  know  it all  depends  on how  the                                                                    
     budget shapes out and what you  all do. As I recall the                                                                    
     reason it now  exists is because you  legislated it. Is                                                                    
     that not correct?                                                                                                          
                                                                                                                                
SENATOR LINCOLN answered that is correct.                                                                                       
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON responded to the second question:                                                                  
                                                                                                                                
     We  have  not  yet  discussed with  the  Department  of                                                                    
     Administration   any   further   transfer   of   public                                                                    
     facilities. I  get passionate about buildings  but even                                                                    
     if  we  transferred all  the  office  buildings to  the                                                                    
     Department of  Administration, DOT  would still  end up                                                                    
     with  several  hundred  buildings  -  ferry  terminals,                                                                    
     airports, and maintenance stations.  I think that's the                                                                    
     efficient  way to  handle this  -  is DOT  is the  sole                                                                    
     tenant.                                                                                                                    
                                                                                                                                
SENATOR  LINCOLN pointed  out Commissioner-designee  Barton is  a                                                               
member of  the Alaska Railroad Corporation's  Board of Directors.                                                               
Several  pieces of  legislation propose  a railroad  corridor and                                                               
expanding the railroad  into various parts of Alaska.   She asked                                                               
how he  envisions dealing  with his seat  on the  Alaska Railroad                                                               
Board  because of  a potential  conflict of  interest, whether  a                                                               
railroad  is built  or  whether  DOT gets  involved  with a  road                                                               
system or airport.                                                                                                              
                                                                                                                                
COMMISSIONER-DESIGNEE BARTON  said he does  not see  any conflict                                                               
[between  modes].  Alaska's  transportation systems  need  to  be                                                               
optimized:  they  need  to  be  complementary,  not  competitive.                                                               
Alaska  cannot afford  to maximize  every transportation  system.                                                               
As  roads  are  developed,  ferries  need  to  be  reduced.  Some                                                               
competition  exists between  roads  and railroads  but there  are                                                               
also  many areas  where  they  are not  competitive.  He said  he                                                               
enjoys  his  seat on  the  railroad  board  and  does not  see  a                                                               
conflict  or competition,  he sees  the opportunity  to make  the                                                               
various  transportation  systems   complementary.  Alaska  cannot                                                               
afford to do anything else.                                                                                                     
                                                                                                                                
CHAIR COWDERY said  before the Alcan Highway was  built the first                                                               
choice  was to  build  a  railroad but  because  many believed  a                                                               
railroad would take too long to build, the highway was built.                                                                   
                                                                                                                                
CHAIR COWDERY then pointed out  that studded tires are prohibited                                                               
in Ontario, Canada and seven U.S. states.                                                                                       
                                                                                                                                
SENATOR   THERRIAULT    moved   that   the    committee   forward                                                               
Commissioner-designee Barton's name to the full Senate for                                                                      
consideration of confirmation.                                                                                                  
                                                                                                                                
CHAIR COWDERY announced that without objection, Commissioner-                                                                   
designee Barton's name would be advanced to the full body for a                                                                 
vote.                                                                                                                           
                                                                                                                                
With no further business to come before the committee, Chair                                                                    
Cowdery adjourned the meeting at 2:31 p.m.                                                                                      

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