Legislature(2003 - 2004)

04/06/2004 02:15 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                                                                          
                         April 6, 2004                                                                                          
                           2:15 p.m.                                                                                            
                                                                                                                                
TAPE(S) 04-16                                                                                                                 
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Cowdery, Co-Chair                                                                                                  
Senator Gene Therriault                                                                                                         
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Thomas Wagoner, Co-Chair                                                                                                
Senator Donny Olson                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW: Pavement Research by Gerald J. DesJarlais, President,                                                                 
and Jack Hayden, Denali Materials Inc.                                                                                          
                                                                                                                                
CS FOR SENATE BILL NO. 371(TRA)                                                                                                 
"An Act  relating to the powers  and duties of the  Department of                                                               
Transportation and  Public Facilities;  relating to  a long-range                                                               
program for  highway construction and maintenance;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     MOVED CSSB 371(TRA) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 371                                                                                                                  
SHORT TITLE: POWERS/DUTIES DOTPF                                                                                                
SPONSOR(s): STATE AFFAIRS                                                                                                       
                                                                                                                                
03/19/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/04       (S)       TRA, FIN                                                                                               
03/30/04       (S)       TRA AT 1:30 PM CAPITOL 17                                                                              
03/30/04       (S)       Senate Bill:                                                                                           
04/01/04       (S)       TRA AT 1:30 PM CAPITOL 17                                                                              
04/01/04       (S)       -- Meeting Postponed to Fri, 4/2/04 --                                                                 
04/06/04       (S)       TRA AT 2:00 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Mr. Gerald DesJarlais                                                                                                           
Denali Materials                                                                                                                
          th                                                                                                                    
3815 W. 40 Ave. A                                                                                                               
Anchorage AK 99517                                                                                                              
POSITION STATEMENT:  Presented pavement research overview.                                                                    
                                                                                                                                
Mr. Jack Hayden                                                                                                                 
Denali Materials                                                                                                                
          th                                                                                                                    
3815 W. 40 Ave. A                                                                                                               
Anchorage AK 99517                                                                                                              
POSITION STATEMENT:  Presented pavement research overview.                                                                    
                                                                                                                                
Mr. Doug Letch                                                                                                                  
Staff to Senator Gary Stevens                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on SB 371 for the sponsor.                                                                      
                                                                                                                                
Ms. Nona Wilson, Legislative Liaison                                                                                            
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT: Commented on SB 371.                                                                                      
                                                                                                                                
Mr. Bob Doll                                                                                                                    
Juneau AK                                                                                                                       
POSITION STATEMENT: Commented on SB 371.                                                                                      
                                                                                                                                
Ms. Dee Essert                                                                                                                  
Sand Lake AK                                                                                                                    
POSITION STATEMENT:  Opposes SB 371.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
TAPE 04-16, SIDE A                                                                                                            
                                                                                                                              
^OVERVIEW:  PAVEMENT  RESEARCH  BY  GERALD  DESJARLAIS  AND  JACK                                                           
HAYDEN  OF DENALI MATERIALS                                                                                                   
                                                                                                                              
CO-CHAIR JOHN  COWDERY called the Senate  Transportation Standing                                                             
Committee meeting  to order  at 2:15  p.m. Present  were Senators                                                               
Therriault,  Lincoln and  Co-Chair  Cowdery. The  first order  of                                                               
business to  come before the  committee was the  asphalt overview                                                               
by Jack Hayden and Gerald  DesJarlais with Denali Materials. This                                                               
issue was  prompted by the rutting  in some of the  asphalt roads                                                               
in the Anchorage area.                                                                                                          
                                                                                                                                
MR. HAYDEN  said Denali Materials  makes liquid  asphalt products                                                               
and  does   a  lot   of  work  for   the  Alaska   Department  of                                                               
Transportation and  Public Facilities (DOTPF). Alaska  has unique                                                               
conditions that create  challenges for them. He  said the working                                                               
life on  many heavily  traveled roads  is five  years or  less as                                                               
compared  to  20  years  down  south;  some  have  rutted  almost                                                               
immediately   after  paving.   He  reviewed   different  products                                                               
available in  Alaska saying  that the one  oil that  is available                                                               
produces a  soft grade  of liquid asphalt.  He said  that Chevron                                                               
was the only  producer of liquid asphalt in the  state for years,                                                               
but  left because  it was  more hassle  than it  was worth  to be                                                               
here. There are two refineries  in the state and it's unrealistic                                                               
to think they are going to spend  a lot of money to accommodate a                                                               
relatively small market.                                                                                                        
                                                                                                                                
He  explained  that  polymer,  a  form  of  rubber  derived  from                                                               
petroleum, can  be added to  asphalt and  it forms a  rubber mesh                                                               
within the liquid asphalt. Because  it's elastic, it will fill up                                                               
cracks  as  they develop.  It's  been  effective in  many  areas,                                                               
although there  have been  some terrible  failures, as  seen with                                                               
rutting. Polymer  cracks at  the cold  end. Another  solution was                                                               
developed in  Europe to reduce  its rutting problem with  the use                                                               
of  stone matrix  asphalt.   The  difference is  that Europe  has                                                               
large stone available to use.                                                                                                   
                                                                                                                                
CO-CHAIR  WAGONER said  the last  thing the  state of  Washington                                                               
puts on  its roadbeds  before blacktop  is a 6  to 8  inch gravel                                                               
lift. "What percentage of the rutting is caused by this?"                                                                       
                                                                                                                                
MR. HAYDEN  replied a third to  a half. He continued  saying that                                                               
the gravel in  Alaska is much smaller. Serious  research needs to                                                               
be done in this area. Almost  all of the materials used in Alaska                                                               
are river gravel, which are basically  round. It is run through a                                                               
series  of crushers  to break  it down  to a  uniform grade  with                                                               
fractured faces. He said that  studded tires are probably not the                                                               
biggest  contributor to  rutting,  but rather  pavement flow  and                                                               
sub-grade movement.                                                                                                             
                                                                                                                                
CO-CHAIR COWDERY commented  that he has seen asphalt  up over the                                                               
gutter and knew that came from grade movement.                                                                                  
                                                                                                                                
SENATOR LINCOLN said that studded  tires were identified in a DOT                                                               
study about  10 years ago  as making  ruts over time.  She didn't                                                               
know if a final analysis was performed or not.                                                                                  
                                                                                                                                
MR. DESJARLAIS said  one of reasons he is testifying  today is to                                                               
get political  support for a  grant Denali Materials  has applied                                                               
for with  the University of  Alaska. He  has looked at  the DOT's                                                               
rut  tester,  which now  has  had  a  piston added,  to  simulate                                                               
studded tire wear,  but another rut tester with  a wheel produces                                                               
about the same amount of wear.                                                                                                  
                                                                                                                                
He has just  returned from a trip to Arizona  that has solved the                                                               
asphalt portion  of rutting by  putting 20 percent  shredded tire                                                               
rubber in it.  It makes a very resilient upper  surface, but only                                                               
one inch is laid on a very  hard base. It is almost impervious to                                                               
studded  tire wear  and  water infiltration  to  soften the  sub-                                                               
grade.                                                                                                                          
                                                                                                                                
SENATOR  LINCOLN said  she heard  the use  of recycled  rubber in                                                               
asphalt is very slippery.                                                                                                       
                                                                                                                                
MR.  DESJARLAIS replied  that it  actually improves  traction and                                                               
reduces tire  noise by six decibels  at 100 ft. For  the research                                                               
grant, he would take apart failing  roads and figure out why they                                                               
failed,  then,  come up  with  design  criteria for  experimental                                                               
sections of road.                                                                                                               
                                                                                                                                
MR. HAYDEN  added that the design  work would be done  in the lab                                                               
where it's  much cheaper  to make a  mistake. Different  parts of                                                               
the  state might  have different  design requirements  because of                                                               
different weather conditions. The grant is for $200,000.                                                                        
                                                                                                                                
SENATOR OLSON asked  if the grant is for studying  asphalt or the                                                               
whole road system.                                                                                                              
                                                                                                                                
MR. HAYDEN replied that it is for a road section.                                                                               
                                                                                                                                
SENATOR OLSON asked  how they could study  the sub-grade material                                                               
in a lab.                                                                                                                       
                                                                                                                                
MR. HAYDEN  replied, "You don't ever  pave on top of  native soil                                                               
in Alaska.  Never. You always  build the  sub grade. It's  just a                                                               
question  of how  deep you  build  it." He  said that  unsuitable                                                               
soils will be taken out like clays  and silt - that kind of thing                                                               
- that are susceptible to frost.                                                                                                
                                                                                                                                
CO-CHAIR  WAGONER  asked what  is  wrong  with the  mountains  of                                                               
material in Alaska.                                                                                                             
                                                                                                                                
MR. HAYDEN  replied that the  problem is  if you're going  to use                                                               
quarry  aggregate, which  is quite  expensive, it  has to  be the                                                               
kind  that  will stand  up  to  heat,  cold  and wear.  The  most                                                               
prevalent aggregate available to them  in Alaska is river gravel.                                                               
"I think we can design mixes using that that will work fine...."                                                                
                                                                                                                                
MR. DESJARLAIS explained  that asphalt is elastic and  if you run                                                               
a truck over it, it tends to flow out.                                                                                          
                                                                                                                                
     The  rubber brings  it back.  If you  run a  truck fast                                                                    
     over it,  ordinary asphalt will  never deform.  It's at                                                                    
     slow speeds  and intersections  where cars  are getting                                                                    
     traction taking off or slowing  down - that's where you                                                                    
     really have your damage.                                                                                                   
                                                                                                                                
MR. HAYDEN said  he didn't want to focus entirely  on rubber, but                                                               
he thought  it would work. It  is one of the  aspects that should                                                               
be studied carefully.                                                                                                           
                                                                                                                                
SENATOR  OLSON  asked if  cracked  asphalt  roads could  just  be                                                               
resurfaced and resealed.                                                                                                        
                                                                                                                                
MR. HAYDEN  replied that  is correct  as long  as it  hasn't been                                                               
deformed too badly.                                                                                                             
                                                                                                                                
     Unless  you do  the whole  structure, no  one thing  is                                                                    
     going to solve it. They  [Arizona] put down a very hard                                                                    
     asphalt.  You've got  to build  a  base under  asphalt,                                                                    
     because  it's  flexible.  So,... you  put  black  base,                                                                    
     asphalt  treated base,  which they  do in  Washington a                                                                    
     lot. That's  what the state has  just started doing....                                                                    
     Then  put yourself  down a  good hard  polymer modified                                                                    
     asphalt -  say two or  three inches  - and then  cap it                                                                    
     off with this thin lip.                                                                                                    
                                                                                                                                
MR. DESJARLAIS said the best mix  for each place would be figured                                                               
out  using native  gravels. He  noted incredulously  that DOT  is                                                               
considering  barging  limestone  from  Seattle  to  do  Anchorage                                                               
streets with. "This could easily save millions a year...."                                                                      
                                                                                                                                
SENATOR OLSON asked  how the asphalt with rubber  added acts with                                                               
water erosion or when petroleum products are spilled on it.                                                                     
                                                                                                                                
MR.  DESJARLAIS replied  that rubber  asphalt  is more  resistant                                                               
than regular  asphalt. He  pointed out that  the newer  tires are                                                               
made of stronger materials.                                                                                                     
                                                                                                                                
     They  have anti-oxidants  and flex  materials in  them;                                                                    
     they have an  adhesive in them that  sticks the asphalt                                                                    
     together  better; they've  got  carbon  black which  is                                                                    
     very  resistant to  wear.  They've got  a  lot of  good                                                                    
     things.                                                                                                                    
                                                                                                                                
MR. HAYDEN  said one  of the  causes of  pavement failure  is the                                                               
longitudinal joint where  the mat meets. He  showed the committee                                                               
a crack sealer that he would  apply between the joints before the                                                               
second pavement is placed.                                                                                                      
                                                                                                                                
CO-CHAIR WAGONER asked how wide his pavers are.                                                                                 
                                                                                                                                
MR. HAYDEN replied about 16  ft., which saves maintenance because                                                               
of fewer joints. Airports require 25 ft.                                                                                        
                                                                                                                                
CO-CHAIR COWDERY thanked  the men for their  testimony and closed                                                               
the hearing.                                                                                                                    
                                                                                                                                
                                                                                                                                
                   SB 371-POWERS/DUTIES DOTPF                                                                               
                                                                                                                              
CO-CHAIR COWDERY announced SB 371 to be up for consideration.                                                                   
                                                                                                                                
SENATOR  THERRIAULT moved  to adopt  CSSB  371(TRA), version  /D.                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
MR.  DOUG   LETCH,  staff  to  Senator   Gary  Stevens,  sponsor,                                                               
explained that the CS deletes page 3, line 22 - page 4, line 8.                                                                 
                                                                                                                                
MS.   NONA    WILSON,   Legislative   Liaison,    Department   of                                                               
Transportation  and Public  Facilities  (DOTPF),  said she  would                                                               
answer  questions.  She noted  a  rebuttal  statement to  Jeffery                                                               
Parker's letter of March 25  from the department in the committee                                                               
packets.                                                                                                                        
                                                                                                                                
CO-CHAIR WAGONER said the members  could do their own comparisons                                                               
since they had the documents to go through.                                                                                     
                                                                                                                                
MR. BOB DOLL, former director of Southeast Region of DOT, said:                                                                 
                                                                                                                                
     It does not  seem to me to make for  good government to                                                                    
     reduce the  amount of information that  the legislature                                                                    
     and the public have in  regard to the projects that DOT                                                                    
     proposes to  undertake. This is, of  course, especially                                                                    
     true now that the  flow of federal transportation money                                                                    
     seems to be ever increasing.                                                                                               
                                                                                                                                
He said that the legislatures  from the previous two terms wanted                                                               
the  benefits of  an analysis  to consider  the projects  in that                                                               
period  of time.  He asked  the  committee to  consider what  the                                                               
elimination of  it would accomplish.  DOTPF can  conduct whatever                                                               
kind  of  analysis   it  wants;  it  is   capable  of  publishing                                                               
regulations that would  address most of its  concerns. He thought                                                               
that a  cost benefit  analysis was a  reasonable exercise  of the                                                               
legislative   oversight   process    over   the   Department   of                                                               
Transportation  and how  its funds  are spent.  It provides  data                                                               
regarding proposed projects that can  be obtained in no other way                                                               
and does not put an unreasonable burden on the department.                                                                      
                                                                                                                                
TAPE 04-16, SIDE B                                                                                                            
                                                                                                                              
MR. JEFF PARKER, plaintiff's counsel,  in Trout Unlimited and Bob                                                               
Gillam  versus Alaska  Department  of  Transportation and  Public                                                               
Facilities (DOTPF), had four concerns:                                                                                          
                                                                                                                                
     First, the bill  should at least state the  name of the                                                                    
     court case correctly, which it doesn't do.                                                                                 
                                                                                                                                
     Second, section  1 is  directed towards  the injunction                                                                    
     issued in  January, which will probably  only remain in                                                                    
     effect until July 2004, because  that is the date which                                                                    
     the DOT has  told the court when it  would complete the                                                                    
     cost  benefit analysis  pursuant  to  the court  order.                                                                    
     Nothing would be gained  by overturning the injunction.                                                                    
     What would be lost is  the information available to the                                                                    
     legislature  that should  address  whether  or not  the                                                                    
     project is cost effective for purposes of budgeting.                                                                       
                                                                                                                                
     Thirdly, this  bill is  eliminating the  only objective                                                                    
     criteria in  state statute for determining  whether one                                                                    
     project  or  another  is  more  worthy.  Without  those                                                                    
     criteria, I would  like you to put on  record how those                                                                    
     prioritization decisions would be made.                                                                                    
                                                                                                                                
     Fourthly,  the  draft  Valdez  Regional  Transportation                                                                    
     Plan that was released January  5 shows $1.2 billion in                                                                    
     the  out years  in new  road projects.   The  Southwest                                                                    
     region has a $379 million  King Salmon to Chignik Road.                                                                    
     Another  $100 million  is proposed  for new  roads from                                                                    
     Williams Port  to Iliamna, plus  South Central  has the                                                                    
     Knik River Bridge proposal, which has funds earmarked.                                                                     
                                                                                                                                
He estimated  $2 billion to  $3 billion  in road projects  in the                                                               
next 20  years or  about $150 million  per year.  Current federal                                                               
funding  is about  $305 million  per year  and the  cost benefits                                                               
pencil out very unfavorably.                                                                                                    
                                                                                                                                
CO-CHAIR  WAGONER interrupted  to point  out  that a  lot of  the                                                               
projects  he is  alluding to  don't have  a lot  to do  with this                                                               
project.                                                                                                                        
                                                                                                                                
MR. PARKER  said he was  trying to  explain why repealing  a cost                                                               
benefit analysis is detrimental to good decisions making.                                                                       
                                                                                                                                
MS. WILSON referred  Mr. Parker to the DOT letter  of rebuttal, a                                                               
section of which she highlighted:                                                                                               
                                                                                                                                
     DOT  agrees that  the consideration  of both  costs and                                                                    
     benefits  is useful  and indeed  appropriate for  many,                                                                    
     but not  all projects.  What we  consider inappropriate                                                                    
     isn't being  mandatory on every new  project regardless                                                                    
     of type, size  or urgency. I would also  point out that                                                                    
     cost  and  benefit   consideration  is  used  routinely                                                                    
     during project design even though  it's not required by                                                                    
     state law. [In] AS  44.42.050 it's required for project                                                                    
     selection, but not during project  design. But we still                                                                    
     do it.                                                                                                                     
                                                                                                                                
     The  key  point  is  that CB  [cost  benefit]  analysis                                                                    
     should   be  used   where  it's   meaningful  and   not                                                                    
     universally.                                                                                                               
                                                                                                                                
CO-CHAIR WAGONER said that's why the department doesn't object                                                                  
to it being taken out of the statute.                                                                                           
                                                                                                                                
MS. DEE ESSERT,  Sand Lake CC, opposed SB 371.  She said the cost                                                               
of  Anchorage  Metropolitan  Area  Transportation  Study  (AMATS)                                                               
projects  has escalated  because engineers  and project  managers                                                               
fail to consider hidden costs  of environmental impacts and other                                                               
problems.  The   Knowles  Coastal   Trail  south   extension  has                                                               
increased  from  $12  million  to  $37  million.  A  recent  cost                                                               
estimate   was  $80   million   considering   legal  costs.   The                                                               
legislature  needs  to  shape  the  planning  process  by  adding                                                               
statutes with objective criteria to the planning process.                                                                       
                                                                                                                                
MS.  WILSON said  that  a required  cost  benefit analysis  would                                                               
interfere  with  every project  that  DOT  is running,  including                                                               
those in  construction phase, like  the Soldotna  Bridge project,                                                               
which has been completely halted.                                                                                               
                                                                                                                                
CO-CHAIR COWDERY moved to pass  CSSB 371(TRA) from committee with                                                               
individual  recommendations  and  asked  for  unanimous  consent.                                                               
There were  no objections and it  was so ordered. There  being no                                                               
further business  to come before the  committee, Co-Chair Wagoner                                                               
adjourned the meeting at 3:20 p.m.                                                                                              

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