CSHB 327(STA): "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; repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities; relating to the adoption of regulations regarding estimates of costs and benefits of transportation projects; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 327(STA) 01 "An Act relating to the powers and duties of the Department of Transportation and 02 Public Facilities; relating to a long-range program for highway construction and 03 maintenance; repealing a requirement that public facilities comply with energy 04 standards adopted by the Department of Transportation and Public Facilities; relating 05 to the adoption of regulations regarding estimates of costs and benefits of transportation 06 projects; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 19.10.140 is amended to read: 09 Sec. 19.10.140. Long-range program for highway construction and 10 maintenance. The [GOVERNOR SHALL REQUIRE THE] department may [TO] 11 establish a continuing, long-range program for highway construction and maintenance. 12 The program must periodically [ANNUALLY] project proposed construction and 13 maintenance of highways for not less than the next succeeding two [FIVE] years. The
01 program shall become part of the state transportation plan developed under 02 AS 44.42.050 [A STATEMENT OF THE PROGRAM SHALL BE SUBMITTED 03 BY THE GOVERNOR TO THE LEGISLATURE ANNUALLY, AND THE LONG- 04 RANGE PROGRAM SHALL INCLUDE IN DETAIL THE PROGRAM PREPARED 05 UNDER AS 19.10.150]. 06 * Sec. 2. AS 44.42.020(a) is amended to read: 07 (a) The department shall 08 (1) plan, design, construct, and maintain all state modes of 09 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 10 and similar facilities; 11 (2) study existing transportation modes and facilities in the state to 12 determine how they might be improved or whether they should continue to be 13 maintained; 14 (3) study alternative means of improving transportation in the state 15 with regard to the economic costs of each alternative and its environmental and social 16 effects; 17 (4) develop a comprehensive, long-range, intermodal transportation 18 plan for the state; 19 (5) study alternatives to existing modes of transportation in urban areas 20 and develop plans to improve urban transportation; 21 (6) cooperate and coordinate with and enter into agreements with 22 federal, state, and local government agencies and private organizations and persons in 23 exercising its powers and duties; 24 (7) manage, operate, and maintain state transportation facilities and all 25 docks, floats, breakwaters, and buildings, including all state highways, vessels, 26 railroads, pipelines, airports, and aviation facilities; 27 (8) study alternative means of transportation in the state, considering 28 the economic, social, and environmental effects of each alternative; 29 (9) coordinate and develop state and regional transportation systems, 30 considering deletions, additions, and the absence of alterations; 31 (10) develop facility program plans for transportation and state
01 buildings, docks, and breakwaters required to implement the duties set out in this 02 section, including but not limited to functional performance criteria and schedules for 03 completion; 04 (11) supervise and maintain all state automotive and mechanical 05 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 06 Fish and Game or the Department of Public Safety; for state vehicles maintained by 07 the department, the department shall periodically [ANNUALLY] evaluate the cost, 08 efficiency, and commercial availability of alternative fuels [NATURAL GAS] for 09 automotive purposes, and the purpose for which the vehicles are intended to be used, 10 and convert or purchase vehicles to use alternative fuels [UTILIZE NATURAL 11 GAS] whenever practicable; the department may participate in joint ventures with 12 public or private partners that will foster the availability of alternative fuels 13 [NATURAL GAS] for all automotive fuel consumers; 14 (12) supervise aeronautics inside the state, under AS 02.10; 15 (13) complete and maintain a current inventory of public facilities, 16 including a projection of the serviceability of the facilities and projections of 17 replacements and additions to facilities needed to provide the level of services 18 programmed by the various user agencies, for municipalities with populations of less 19 than 12,000 and for unincorporated communities, and perform those duties on a 20 cooperative basis with larger municipalities; 21 (14) [ADOPT ENERGY PERFORMANCE STANDARDS FOR 22 PUBLIC FACILITIES OF THE STATE, THE CONSTRUCTION OF WHICH 23 BEGINS AFTER JULY 1, 1980; THE STANDARDS SHALL BE BASED ON 24 THERMAL AND LIGHTING ENERGY STANDARDS ESTABLISHED BY THE 25 AMERICAN SOCIETY OF HEATING, REFRIGERATION AND AIR 26 CONDITIONING ENGINEERS AS ADAPTED FOR APPLICATION IN HIGH 27 LATITUDE, COLD CLIMATE ENVIRONS; 28 (15)] provide planning assistance, including but not limited to energy 29 audits and related technical services, to school districts and regional educational 30 attendance areas to develop and implement 31 (A) standards for the design, construction, and operation of
01 rural educational facilities; and 02 (B) energy conservation measures for rural educational 03 facilities; 04 (15) [(16)] implement the safety and financial responsibility 05 requirements for air carriers under AS 02.40; 06 (16) [(17)] inspect weights and measures; 07 (17) provide an annual summary report of the activities of the 08 department under this section to the legislature by the 15th legislative day of each 09 regular session of the legislature; the department shall make the summary report 10 available to the public and shall publish notice of the availability of the summary 11 report in a newspaper of general circulation in the state for at least once each 12 week for three weeks following delivery of the summary report to the legislature. 13 * Sec. 3. AS 44.42.050(a) is amended to read: 14 (a) The commissioner shall develop [ANNUALLY] a comprehensive, 15 intermodal, long-range transportation plan for the state. The plan may be developed 16 in separate documents and divided into logical components, including geographic 17 areas, modes of transportation, transportation corridors, systems, and other 18 distinct subjects. The commissioner shall include the estimated costs of projects 19 described in the plan and, except as provided in (e) of this section, an estimate of 20 the benefits of the project. In developing and revising the state plan, the 21 commissioner may [SHALL] consider the requirements of 23 U.S.C. 135, as 22 amended. Upon approval of the plan by the commissioner, the commissioner 23 may transmit the plan to the governor and [MEANS AND COSTS OF 24 IMPROVING EXISTING MODES AND FACILITIES, STATE AND FEDERAL 25 SUBSIDIES, AND THE COSTS AND BENEFITS OF NEW TRANSPORTATION 26 MODES AND FACILITIES. THE COMMISSIONER SHALL ALSO CONSIDER 27 THE RECOMMENDATION OF THE ALASKA TRANSPORTATION PLANNING 28 COUNCIL. THE PLAN SHALL BE SUBMITTED TO THE GOVERNOR FOR 29 REVIEW AND APPROVAL AND SUBMITTED BY THE GOVERNOR TO] the 30 legislature. 31 * Sec. 4. AS 44.42.050(d) is amended to read:
01 (d) The commissioner shall periodically develop a program [PLAN MUST 02 INCLUDE A DESCRIPTION] of projects planned for design and construction for a 03 period of not less than [THE FOLLOWING] two years that implement the plan 04 developed under (a) of this section. In developing the program of projects, the 05 commissioner may consider the requirements of 23 U.S.C. 135, as amended. The 06 program [DESCRIPTION] is in addition to the long-range plan required by (a) of this 07 section [AND BY AS 19.10.140]. The program [DESCRIPTION] must include an 08 estimate of federal, state, and other funds anticipated to be received and a 09 description, location, and itemization of the estimated cost for each project and the 10 total cost of all projects. The commissioner shall propose and forward to the governor 11 for review and approval and to the legislature for review [AND INCLUSION, AS 12 APPROVED, IN THE CAPITAL BUDGET] a construction program that includes the 13 projects to be undertaken during the following year [TWO YEARS], including 14 recommended project priorities. [FUNDS FOR TRANSPORTATION 15 CONSTRUCTION PROJECTS AND NECESSARY CONTINGENCIES SHALL BE 16 ITEMIZED AS ALLOCATIONS WITHIN THE BILL FOR THE GENERAL 17 APPROPRIATIONS ACT.] 18 * Sec. 5. AS 44.42.050 is amended by adding a new subsection to read: 19 (e) The commissioner shall adopt regulations establishing procedures for 20 preparation of estimates of costs and benefits for projects included in a 21 comprehensive, intermodal, long-range transportation plan under (a) of this section. 22 The regulations may provide for an exemption from the requirement to prepare an 23 estimate of benefits for a specific transportation project if 24 (1) the project is required for compliance with a federal or state statute 25 or regulation; 26 (2) the small scale of the project makes the preparation of an estimate 27 of benefits for the project impractical; 28 (3) the cost of preparing an estimate of benefits for the project is 29 excessive; 30 (4) preparation of an estimate of benefits is not practical or is not 31 useful due to factors such as the nature of the project or the impracticability of
01 measuring benefits; or 02 (5) the commissioner determines that the preparation of an estimate of 03 benefits is not in the best interest of the state. 04 * Sec. 6. AS 46.11.900(8) is amended to read: 05 (8) "thermal and lighting energy standards" means the thermal and 06 lighting energy standards 07 (A) established by the American Society of Heating, 08 Refrigeration, and Air Conditioning Engineers as revised 09 [(i) BY THE COMMISSIONER OF 10 TRANSPORTATION AND PUBLIC FACILITIES UNDER 11 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR 12 (ii)] by the Alaska Housing Finance Corporation for 13 buildings and structures that are not public facilities; or 14 (B) developed in regulations adopted 15 [(i) BY THE COMMISSIONER OF 16 TRANSPORTATION AND PUBLIC FACILITIES UNDER 17 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR 18 (ii)] by the Alaska Housing Finance Corporation for 19 buildings and structures that are not public facilities. 20 * Sec. 7. AS 46.11.010 is repealed. 21 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 ADOPTION OF REGULATIONS UNDER AS 44.42.050(e). (a) The Department of 24 Transportation and Public Facilities shall provide a copy of regulations that the department 25 proposes to adopt under authority of AS 44.42.050(e), added by sec. 5 of this Act, to each 26 incumbent state legislator, the secretary of the state senate, and the chief clerk of the state 27 house of representatives at the time the department publishes the notice under AS 44.62.190 28 of the proposed adoption of those regulations. In addition to the publication of the notice of 29 the proposed adoptions of regulations that is required under AS 44.62.190(a), the notice of the 30 proposed adoption of regulations under authority of AS 44.42.050(e), added by sec. 5 of this 31 Act, by the department shall be published once a week for three additional weeks in a
01 newspaper of general circulation in the state. The department shall accept public comment on 02 the regulations until at least 51 days have elapsed from the first publication in a newspaper of 03 general circulation in the state of the notice of the proposed adoption of the regulations. 04 Regulations adopted under authority of AS 44.42.050(e), added by sec. 5 of this Act, may not 05 be filed with the lieutenant governor until at least 60 days have elapsed from the first 06 publication of the notice in a newspaper of general circulation in the state of the proposed 07 adoption of the regulations. 08 (b) On the day that the secretary of the state senate and the chief clerk of the state 09 house of representatives each receives a copy of regulations that the Department of 10 Transportation and Public Facilities proposes to adopt under authority of AS 44.42.050(e), 11 added by sec. 5 of this Act, the secretary and the chief clerk shall each provide notice in 12 writing to the lieutenant governor that they have received a copy of the proposed regulations. 13 The lieutenant governor shall provide notice in writing to the revisor of statutes and the 14 regulations attorney that the lieutenant governor has received the notice required under this 15 subsection from the secretary and the chief clerk. 16 (c) This section applies only the initial adoption of the regulations under authority of 17 AS 44.42.050(e), added by sec. 5 of this Act. 18 * Sec. 9. Sections 5 and 8 of this Act take effect immediately under AS 01.10.070(c). 19 * Sec. 10. Sections 1 - 4, 6, and 7 of this Act take effect on the day after the date on which 20 the lieutenant governor has received notice in writing from the secretary of the state senate 21 and the chief clerk of the state house of representatives under sec. 8 of this Act that they have 22 each received a copy of regulations that the Department of Transportation and Public 23 Facilities proposes to adopt under authority of AS 44.42.050(e), added by sec. 5 of this Act.