00                             SENATE BILL NO. 286                                                                         
01 "An Act establishing a toll for use of the James Dalton Highway by certain vehicles; and                                
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 19.40 is amended by adding a new section to read:                                                  
05            Sec. 19.40.215. James Dalton Highway toll. (a) The portion of the James                                    
06       Dalton Highway between milepost 413 and milepost 415 near Deadhorse, Alaska, is                                   
07       designated as a toll road.                                                                                        
08            (b)  Except as provided under (c) of this section, the department shall collect a                            
09       toll for passage on the toll road by a vehicle that is transporting personnel or goods for                        
10 use by an oil or gas developer, explorer, or producer. The department shall annually                                    
11 set toll rates so that the total amount of tolls collected approximately equals the                                     
12 portion of actual maintenance and repair costs for the highway caused by use of the                                     
13       highway by oil and gas developers, explorers, and producers.                                                      
14            (c)  The department may not charge a toll for a vehicle that                                                 
01                 (1)  is engaged in transporting personnel or goods for use by the                                       
02       Alyeska Pipeline Service Company; or                                                                              
03                 (2)  is not transporting personnel or goods for use by an oil or gas                                    
04       developer, explorer, or producer.                                                                                 
05 (d)  An operator of a vehicle who pays a toll under this section while                                                  
06 transporting personnel or goods for use by an oil or gas developer, explorer, or                                        
07 producer may request reimbursement of the toll from the developer, explorer, or                                         
08 producer. The oil or gas developer, explorer, or producer shall reimburse the operator                                  
09       within 30 days after the operator submits a request for reimbursement.                                            
10 (e)  An operator of a vehicle who pays a toll under this section may institute an                                       
11 action in the superior court if an oil or gas developer, explorer, or producer fails to                                 
12 reimburse the operator as provided under (d) of this section. If an operator bringing an                                
13       action prevails, the operator is entitled to full reasonable attorney fees and costs.                             
14            (f)  The department shall separately account for the revenue collected from the                              
15       tolls under this section. The legislature may appropriate the revenue collected under                             
16       this section to the department for maintaining and repairing the highway.                                         
17            (g)  In this section,                                                                                        
18                 (1)  "explorer" has the meaning given in AS 43.55.900;                                                  
19                 (2)  "producer" has the meaning given in AS 43.55.900.                                                  
20    * Sec. 2. AS 37.05.146(c) is amended by adding a new paragraph to read:                                            
21                 (87)  revenue collected from James Dalton Highway tolls                                                 
22       (AS 19.40.215).                                                                                                   
23    * Sec. 3. This Act takes effect July 1, 2028.