00                             HOUSE BILL NO. 168                                                                          
01 "An Act relating to the registration and marking of towers; relating to the duties of the                               
02 Department of Transportation and Public Facilities; and providing for an effective                                      
03 date."                                                                                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 02.10 is amended by adding new sections to read:                                                   
06            Sec. 02.10.100. Registration and marking of tower structures. (a) A                                        
07       communications, wind, or other tower greater than 100 feet in height above ground                                 
08       level shall                                                                                                       
09                 (1)  be constructed, marked, painted, or equipped with an operational                                   
10       light system visible from at least 2,000 feet away in daylight and in darkness;                                   
11                 (2)  have at least one seven-foot safety sleeve, attached in a manner that                              
12       does not interfere with a spherical marker ball,                                                                  
13                      (A)  on each anchor point above the adjacent vegetative canopy;                                    
14            and                                                                                                          
01                      (B)  on each outer guy wire;                                                                       
02                 (3)  have at least four high visibility spherical marker balls of aviation                              
03       orange color attached to each outer guy wire at least 15 feet from the top wire                                   
04       connection to the tower; and                                                                                      
05                 (4)  have at least four high visibility spherical marker balls of aviation                              
06       orange color attached to each outer guy wire at or below the middle point of the tower.                           
07            (b)  The owner of a tower greater than 50 feet in height above ground level                                  
08       shall, not later than 20 days before installation of a tower, register the tower with the                         
09       department. Registration under this section shall include                                                         
10                 (1)  the location of the tower, including the nearest community or                                      
11       municipality;                                                                                                     
12                 (2)  the height above ground and the total height of the tower;                                         
13                 (3)  the type of tower;                                                                                 
14                 (4)  the owner of the tower; and                                                                        
15                 (5)  the method used to make the tower visible under (a) of this section.                               
16            (c)  Within 15 days after receiving the registration information required under                              
17       (b) of this section, the department shall make the information required under (b) of this                         
18       section available on the department's Internet website. The website shall display the                             
19       information required under (b) of this section in sortable table format and in an                                 
20       interactive map.                                                                                                  
21            (d)  The owner of a tower subject to registration under (b) of this section shall                            
22       notify the department with 30 days after the removal or significant alteration of the                             
23       tower.                                                                                                            
24            (e)  On or after the effective date of this Act, a tower greater than 50 feet in                             
25       height may not be constructed within one mile of an airport intended for public use or                            
26       directly through or under an air approach of an airport intended for public use. The                              
27       prohibition in this section may be waived if the commissioner finds it is not                                     
28       practicable to construct a tower more than one mile from an airport intended for public                           
29       use.                                                                                                              
30            (f)  The owner of a tower shall comply with applicable federal laws and                                      
31       standards related to lighting, painting, and visibility of a tower.                                               
01            (g)  A person who violates this section is guilty of a violation and shall be                                
02       punished as provided in AS 12.55.                                                                                 
03            Sec. 02.10.190. Definitions. In this chapter,                                                              
04                 (1)  "airport" means an area of land or water that is used or intended for                              
05       use for the landing and take-off of aircraft, and any appurtenant areas that are used or                          
06       intended for use for airport buildings or other airport facilities or rights-of-way,                              
07       together with airport buildings and facilities located in the area;                                               
08                 (2)  "commissioner" means the commissioner of transportation and                                        
09       public facilities;                                                                                                
10                 (3)  "department" means the Department of Transportation and Public                                     
11       Facilities;                                                                                                       
12                 (4)  "tower" includes accessory facilities and guy wires attached to the                                
13       tower.                                                                                                            
14    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
15 read:                                                                                                                   
16       TRANSITIONAL PROVISIONS. The owner of a tower existing on the effective date                                      
17 of this Act shall register the tower in accordance with AS 02.10.100(b), enacted by sec. 1 of                           
18 this Act, within 45 days after the effective date of this Act. A person in violation of this                            
19 section is guilty of a violation and shall be punished as provided in AS 12.55.                                         
20    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).