HOUSE TRANSPORTATION STANDING COMMITTEE March 22, 1994 5:00 p.m. MEMBERS PRESENT Representative Gary Davis, Vice-Chair Representative Bill Hudson Representative Eldon Mulder Representative Al Vezey MEMBERS ABSENT Representative Richard Foster, Chair Representative Curt Menard Representative Jerry Mackie COMMITTEE CALENDAR Geophysical Institute presentation on ash cloud problems. *HB 301: "An Act prohibiting the sale of certain studded tires or the sale of certain studs to be installed in tires; and providing for an effective date." SSHB 301 MOVED OUT OF COMMITTEE SB 152: "An Act changing the frequency of certain state inspections of weights and measures and relating to the issuance of citations for weights and measures violations." MOVED OUT OF COMMITTEE (* First public hearing.) WITNESS REGISTER MERRITT HELFFERICH Geophysical Institute University of Alaska, Fairbanks P.O. Box 80769 Fairbanks, Alaska 99708 474-7790 Position Statement: Provided input on ash cloud data study REPRESENTATIVE JOHN DAVIES Alaska State Legislature State Capitol, Room 418 Juneau, Alaska 99801 465-4457 Position Statement: Provided input on ash cloud data study REPRESENTATIVE MARK HANLEY Alaska State Legislature State Capitol, Room 515 Juneau, Alaska 99801 465-4939 Position Statement: Sponsor of SSHB 301 BRUCE CAMPBELL, Commissioner Department of Transportation/Public Facilities 3132 Channel Drive Juneau, Alaska 99801 465-3901 Position Statement: Provided input on SSHB 301 REPRESENTATIVE GAIL PHILLIPS Alaska State Legislature State Capitol, Room 216 Juneau, Alaska 99801 465-2689 Position Statement: Testified in favor of SSHB 301 WENDY MULDER, Assistant Department of Commerce and Economic Development 9th Floor, State Office Building Juneau, Alaska 99811 465-2500 Position Statement: Testified in support of SB 152 PREVIOUS ACTION BILL: HB 301 SHORT TITLE: BAN SALE OF SOME STUDDED TIRES AND STUDS BILL VERSION: SSHB 301 SPONSOR(S): REPRESENTATIVE(S) HANLEY,Finkelstein JRN-DATE JRN-PG ACTION 05/06/93 1665 (H) READ THE FIRST TIME/REFERRAL(S) 05/06/93 1665 (H) TRA, L&C, FINANCE 05/07/93 1695 (H) COSPONSOR(S): FINKELSTEIN 03/15/94 2813 (H) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS 03/15/94 2813 (H) TRA, LABOR & COMMERCE, FINANCE 03/22/94 (H) TRA AT 05:00 PM CAPITOL 17 BILL: SB 152 SHORT TITLE: WEIGHTS & MEASURES: INSPECTIONS/CITATIONS SPONSOR(S): JUDICIARY JRN-DATE JRN-PG ACTION 03/08/93 658 (S) READ THE FIRST TIME/REFERRAL(S) 03/08/93 658 (S) LABOR AND COMMERCE, JUDICIARY 03/16/93 (S) L&C AT 01:45 PM FAHRENKAMP ROOM 203 03/16/93 (S) MINUTE(L&C) 03/18/93 848 (S) L&C RPT 1DP 3NR 1AM 03/18/93 848 (S) ZERO FISCAL NOTE (DCED) 03/22/93 (S) JUD AT 01:30 PM BELTZ RM 211 03/22/93 (S) MINUTE(JUD) 03/24/93 (S) JUD AT 01:30 PM BELTZ RM 211 03/24/93 (S) MINUTE(JUD) 03/29/93 (S) JUD AT 01:30 PM BELTZ RM 211 03/29/93 (S) MINUTE(JUD) 03/31/93 1003 (S) JUD RPT 3DP 1NR 03/31/93 1003 (S) ZERO FISCAL NOTE (DCRA) 03/31/93 1003 (S) PREVIOUS ZERO FN (DCED) 03/31/93 (S) MINUTE(RLS) 04/07/93 1220 (S) RULES 3CAL 1NR 4/7/93 04/07/93 1248 (S) READ THE SECOND TIME 04/07/93 1248 (S) ADVANCED TO THIRD READING UNAN CONSENT 04/07/93 1248 (S) READ THE THIRD TIME SB 152 04/07/93 1249 (S) PASSED Y20 N- 04/07/93 1260 (S) TRANSMITTED TO (H) 04/08/93 1101 (H) READ THE FIRST TIME/REFERRAL(S) 04/08/93 1101 (H) TRANSPORTATION 03/22/94 (H) TRA AT 05:00 PM CAPITOL 17 ACTION NARRATIVE TAPE 94-13, SIDE A Number 000 VICE CHAIR DAVIS called the meeting to order at 5:11 p.m. Number 016 MERIT HELFFERICH, from the Geophysical Institute at the University of Alaska, Fairbanks, stated that the atmospheric scientists at the geophysical program had used a supercomputer to model the movement of an ash cloud, after $80 million of aircraft damage from the Mt. Redoubt eruption. He then proceeded to show a video tape which illustrated ash cloud movement (copies are available from the Geophysical Institute, University of Alaska, Fairbanks). Number 200 When the video concluded, MR. HELFFERICH asked if there were any questions from the committee. Number 216 REPRESENTATIVE VEZEY asked if the volcanoes were selected because of seismic activity or because of their location in proximity of the Anchorage International Airport. Number 220 REPRESENTATIVE DAVIES responded that they were selected for both criteria. Number 231 REPRESENTATIVE VEZEY stated that the animation [on the video] was quite nice, but it wasn't the kind of data which would allow a pilot to avoid a collision course with an ash plume. He wondered what it would be translated into in terms of pilot data. Number 240 MR. HELFFERICH responded that a pilot traveling into Anchorage could see if there was clear weather, and this could be made available at air traffic control so that they could divert aircraft around the ash cloud. Number 258 REPRESENTATIVE VEZEY asked Mr. Helfferich what sort of information they would be providing to air traffic control. Number 262 REPRESENTATIVE DAVIES responded that this is a research project, and once developed, it will be given to the FAA to develop in a way in which they could actually use the information to specify, with more compactness, where the actual danger is. Number 278 REPRESENTATIVE HUDSON asked if the prevailing winds go both ways. REPRESENTATIVE DAVIES and MR. HELFFERICH both responded that the winds can go both ways, but there is a northeasterly trend. Number 291 REPRESENTATIVE DAVIES stated that the economic point of the presentation is that, with improved data such as that presented in the meeting, the FAA could have enough information, if the volcano erupts, to keep air traffic flying, rather than shutting down, as is currently the case. Number 300 REPRESENTATIVE HUDSON asked how long air operations were impacted. Number 301 REPRESENTATIVE DAVIES responded that they were impacted for about three days. Number 312 REPRESENTATIVE DAVIS thanked Representative Davies and Mr. Helfferich, and acknowledged the presence of Representative Hanley, who was to testify as sponsor of SSHB 301. HB 301 - BAN SALE OF SOME STUDDED TIRES AND STUDS Number 315 REPRESENTATIVE MARK HANLEY, Prime Sponsor, introduced SSHB 301 by stating that the wear on roads due to the use of studded tires is documented. He referred to his sponsor statement, which cites the pavement damage per vehicle, per 40,000 miles of travel, to cost between $133 and $266. He added that, particularly in European countries, studies have shown that the use of lightweight studs reduces the wear on the roads by up to 50%, thus illustrating that the weight of the studs contributes greatly to the pavement damage. He said SSHB 301 would require the use of lightweight studs in Alaska, starting in 1998, although he made the point that the date could be moved if necessary -- it wasn't the sponsor's intention to unduly burden merchants. REPRESENTATIVE HANLEY suggested that, though he had been approached about banning studs altogether, he wasn't sure that such an action would be politically feasible; in fact, he added, studies suggest there are significant safety benefits to studded snow tires and the actual reduction in accidents is worth the road wear. He also discussed the hardness of the road relative to the studs and said that Commissioner Campbell may wish to comment on this. Number 387 COMMISSIONER BRUCE CAMPBELL, Department of Transportation and Public Facilities, stated that Representative Hanley had touched on the highlights fairly well, but he wished to add that the safety differences between Scandinavian countries and Alaska is that they basically have only one system of highways, and their highways are essentially all alike, while in Alaska there are certain classes of roads which are interstate or major feeders, and subdivision roads -- the major roads are usually ice free, so the studs do more damage. On bare pavement, studs are less efficient for stopping. COMMISSIONER CAMPBELL added that he wished to have an amendment made regarding the hardness and the diameter, and stressed that this is a good area to compensate for the cuts in the maintenance budget which the Finance subcommittee has indicated are coming. He concluded that, at the moment, a test was being conducted at the University of Alaska, Fairbanks, to see if there are alternative solutions; but for now, SSHB 301 is a good compromise. Number 518 REPRESENTATIVE VEZEY asked the commissioner what the hardness of the average aggregate is. Number 520 COMMISSIONER CAMPBELL responded that it is approximately 64 on the Rockwell scale, but that it varies tremendously around the state -- 64 would be the maximum. Number 560 REPRESENTATIVE DAVIS asked Representative Phillips if she wished to testify regarding the stud issue. Number 561 REPRESENTATIVE PHILLIPS laughed and affirmed Representative Davis' question, stating that she has driven on steel belted all-weather radial tires for the last 26 years, in Southcentral Alaska, and is a firm believer in all-weather radials. She added that she would endorse Representative Hanley's bill as the first step, and certainly a part of improving the budget situation. Number 590 REPRESENTATIVE DAVIS asked Representative Hanley if he had any reaction to the amendment proposed by Commissioner Campbell. Number 594 REPRESENTATIVE HANLEY responded that he had no problem with the diameter clarification, and his only concern was that he doesn't want to get to the point where a game of chicken is being played -- he did not intend to outlaw studs entirely, just to modify the hardness, and not be involved in a roundabout method of outlawing them altogether. Number 601 REPRESENTATIVE HUDSON made the point that this harkened back to the time certain paint was outlawed; none could be sold and yet anyone that had an outdrive ended up shipping it up from Seattle, so that, ultimately, the law was taken off the books again. He concluded that, if the alternate hardness studs were not available, he'd be hesitant to require their use. REPRESENTATIVE DAVIS suggested that hopefully the next committee of referral could research further to see if the hardness factor can be met, and he would like to see the bill moved on. Number 625 REPRESENTATIVE MULDER moved that SSHB 301 be moved from committee with the attached positive fiscal note and individual recommendations. Number 627 REPRESENTATIVE DAVIS asked if there were objections; there were none, and so he declared SSHB 301 to be moved from committee. TAPE 94-13, SIDE B Number 000 REPRESENTATIVE DAVIS asked "Mrs. Mulder" to introduce SB 152. SB 152 - WEIGHTS & MEASURES: INSPECTIONS/CITATIONS Number 003 WENDY MULDER introduced herself as special assistant to Commissioner Paul Fuhs, Department of Commerce and Economic Development, adding that there were three components to the bill: the air carriers, and weights and measures, or measuring devices. She stated that SB 152 would provide for the reestablishment of the weights and measures officials' authority allowing for effective administration and enforcement of the weights and measures regulations and, specifically, provide the authority to effectively enforce the registration fee requirements of the regulations. In addition, MRS. MULDER stated, SB 152 would provide for the ability to increase program receipts by ensuring that all who are obliged to register weighing and measuring devices will register and pay the fee, and that the director would have the ability to better utilize available resources and improve the level of coverage of the state with an increase in the number if devices inspected and registered. The present law requires twice annual inspection for all weighing and measuring devices in the state. She said SB 152 would allow the director to reduce the frequency of testing of certain types of devices that, through experience, do not require such frequent testing. MRS. MULDER concluded by saying that the proposed changes would expedite collection of device registration fees and place basic policy powers in the day-to-day weights and measures regulatory process. Reducing the twice annual field device inspections would put the state and the division closer to a legal operation, as well as allowing the director flexibility to efficiently administer the weights and measures program. Number 088 REPRESENTATIVE VEZEY asked for clarification on the frequency of inspections. MRS. MULDER responded that the current statutory requirement is that inspections be done semi-annually, but that, because of the budget constraints, those inspections are only being done annually, although some inspections are being done twice. Number 102 REPRESENTATIVE VEZEY asked if the measuring devices drift considerably more if there is one year between calibrations. Number 105 MRS. MULDER responded that as long as the devices are tested and sealed, and the seals are not tampered with, there will be very little problem with enforcement. Number 113 REPRESENTATIVE VEZEY stated that the question was not one of legality, but of the technical accuracy of the measuring device. Number 118 MRS. MULDER responded that the answer was no; there is very little variation between six months and one year in the accuracy of the scales, as long as the seal has not been tampered with. Number 128 REPRESENTATIVE VEZEY asked if there are reports from the National Standards Institute which indicate that once a year is a reasonable frequency of calibration. Number 131 MRS. MULDER responded in the negative, stating that she only has the data from her directors. Number 141 REPRESENTATIVE VEZEY stated that he had asked because of the problem with federal oversight, and that the feds require more frequent calibration, but his understanding from Mrs. Mulder was that she had data which reassured the department that the consumers would be at little risk if scales were only calibrated annually. Number 151 MRS. MULDER responded that Representative Vezey's understanding was in fact what the DCED believes is the case. She added that it must be remembered that the DCED has, since 1986, only been doing the inspections/calibrations once a year, although some places do get them twice a year. She also stated that the department feels that it's not the calibration that is the biggest concern. Number 160 REPRESENTATIVE VEZEY stated that he could see the truckers descending upon the legislature en masse if they felt that any weight was being deprived them due to faulty scales. MRS. MULDER responded that truck scales are done more often; the intent here is to not have to go to Nakanak twice a year to check the fish scales. Number 183 REPRESENTATIVE VEZEY stated that it seems like it would behoove everyone to have a provision allowing for an independent agency to perform the inspections. Number 193 MRS. MULDER responded that she had no problem with that. Number 197 REPRESENTATIVE DAVIS asked if there were currently contract operators who do calibration. Number 201 MRS. MULDER and REPRESENTATIVE VEZEY both responded in the negative. Number 207 REPRESENTATIVE DAVIS asked if Section 2 relates to truck scales, and if the change to annually would also apply to that statute. Number 223 MRS. MULDER responded that Section 2 just gives the department the right to enforce this chapter in cases of violations. Number 236 REPRESENTATIVE DAVIS asked if Section 2 came about like EO 89, and if there was less interest from the administration in transferring this due to their feelings regarding EO 89. Number 246 MRS. MULDER responded that EO 89 dealt primarily with the trucking issue, and the DCED already has enforcement powers for the trucks; SB 152 would give it enforcement powers for the other scales. She concluded that she didn't think this was a concern for the administration like EO 89 had been. Number 250 REPRESENTATIVE MULDER asked Mrs. Mulder to explain Section 2. Number 254 MRS. MULDER explained that Section 2 clarifies offenses and penalties in cases of violation regarding the use of certain weighing devices. REPRESENTATIVE VEZEY stated that he hoped we wouldn't be inadvertently grabbing batch plants in this legislation, and referred to buying concrete not by the pound but by the yard. MRS. MULDER said that hadn't been a problem; no one had ever screamed and yelled about that, and this bill had made it all the way through the Senate. Number 278 REPRESENTATIVE VEZEY responded that we all know the Senate doesn't understand the problem. Number 280 REPRESENTATIVE DAVIS suggested that the next committee look into Representative Vezey's asphalt concern. Number 285 REPRESENTATIVE HUDSON moved that SB 152 be passed from committee with individual recommendations and the attached fiscal notes. Number 291 REPRESENTATIVE DAVIS asked if there were any objections. There were none, and so SB 152 was declared to be moved from committee. Number 296 REPRESENTATIVE DAVIS adjourned the meeting at 6:15 p.m.