CSSSSB 16(TRA): "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; repealing the requirement for a long-range program for highway construction and maintenance; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities; and providing for an effective date."

00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16(TRA) 01 "An Act relating to the powers and duties of the Department of Transportation and 02 Public Facilities; repealing the requirement for a long-range program for highway 03 construction and maintenance; and repealing a requirement that public facilities comply 04 with energy standards adopted by the Department of Transportation and Public 05 Facilities; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 19.05.040 is amended to read: 08 Sec. 19.05.040. Powers of department. The department may 09 (1) acquire property; 10 (2) exercise the power of eminent domain; 11 (3) take immediate possession of real property, or any interest in real 12 property [IT] under a declaration of taking or by other lawful means; 13 (4) acquire rights-of-way for present or future use;

01 (5) control access to highways; 02 (6) regulate roadside development; 03 (7) preserve and maintain the scenic beauty along state highways; 04 (8) dispose of property acquired for highway purposes; 05 (9) accept and dispose of federal funds or property available for 06 highway construction, maintenance, or equipment; 07 (10) enter into contracts or agreements relating to highways with the 08 federal government, municipalities, a political subdivision, or with a foreign 09 government, if the contract is approved by the federal government; 10 (11) establish, levy, and collect tolls, fees, charges, and rentals for the 11 use of state roads, highways, bridges, tunnels, crossings, and causeways; 12 (12) exercise any other power necessary to carry out the purpose of 13 AS 19.05 - AS 19.25; and 14 (13) award and administer grants authorized by appropriation by 15 the legislature [NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF 16 THE DUTIES AND EXECUTION OF THE POWERS OF THE HIGHWAY 17 SAFETY PLANNING AGENCY]. 18 * Sec. 2. AS 44.42.020(a) is amended to read: 19 (a) The department shall 20 (1) plan, design, construct, and maintain all state modes of 21 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 22 and similar facilities; 23 (2) study existing transportation modes and facilities in the state to 24 determine how they might be improved or whether they should continue to be 25 maintained; 26 (3) study alternative means of improving transportation in the state 27 with regard to the economic costs of each alternative and its environmental and social 28 effects; 29 (4) develop a comprehensive, long-range, intermodal transportation 30 plan for the state; 31 (5) study alternatives to existing modes of transportation in urban areas

01 and develop plans to improve urban transportation; 02 (6) cooperate and coordinate with and enter into agreements with 03 federal, state, and local government agencies and private organizations and persons in 04 exercising its powers and duties; 05 (7) manage, operate, and maintain state transportation facilities and all 06 docks, floats, breakwaters, and buildings, including all state highways, vessels, 07 railroads, pipelines, airports, and aviation facilities; 08 (8) study alternative means of transportation in the state, considering 09 the economic, social, and environmental effects of each alternative; 10 (9) coordinate and develop state and regional transportation systems, 11 considering deletions, additions, and the absence of alterations; 12 (10) develop facility program plans for transportation and state 13 buildings, docks, and breakwaters required to implement the duties set out in this 14 section, including but not limited to functional performance criteria and schedules for 15 completion; 16 (11) supervise and maintain all state automotive and mechanical 17 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 18 Fish and Game or the Department of Public Safety; for state vehicles maintained by 19 the department, the department shall every five years [ANNUALLY] evaluate the 20 cost, efficiency, and commercial availability of alternative fuels [NATURAL GAS] 21 for automotive purposes, and the purpose for which the vehicles are intended to be 22 used, and convert or purchase vehicles to use alternative fuels [UTILIZE NATURAL 23 GAS] whenever practicable; the department may participate in joint ventures with 24 public or private partners that will foster the availability of alternative fuels 25 [NATURAL GAS] for all automotive fuel consumers; 26 (12) supervise aeronautics inside the state, under AS 02.10; 27 (13) [COMPLETE AND MAINTAIN A CURRENT INVENTORY 28 OF PUBLIC FACILITIES, INCLUDING A PROJECTION OF THE 29 SERVICEABILITY OF THE FACILITIES AND PROJECTIONS OF 30 REPLACEMENTS AND ADDITIONS TO FACILITIES NEEDED TO PROVIDE 31 THE LEVEL OF SERVICES PROGRAMMED BY THE VARIOUS USER

01 AGENCIES, FOR MUNICIPALITIES WITH POPULATIONS OF LESS THAN 02 12,000 AND FOR UNINCORPORATED COMMUNITIES, AND PERFORM 03 THOSE DUTIES ON A COOPERATIVE BASIS WITH LARGER 04 MUNICIPALITIES; 05 (14) ADOPT ENERGY PERFORMANCE STANDARDS FOR 06 PUBLIC FACILITIES OF THE STATE, THE CONSTRUCTION OF WHICH 07 BEGINS AFTER JULY 1, 1980; THE STANDARDS SHALL BE BASED ON 08 THERMAL AND LIGHTING ENERGY STANDARDS ESTABLISHED BY THE 09 AMERICAN SOCIETY OF HEATING, REFRIGERATION AND AIR 10 CONDITIONING ENGINEERS AS ADAPTED FOR APPLICATION IN HIGH 11 LATITUDE, COLD CLIMATE ENVIRONS; 12 (15) PROVIDE PLANNING ASSISTANCE, INCLUDING BUT NOT 13 LIMITED TO ENERGY AUDITS AND RELATED TECHNICAL SERVICES, TO 14 SCHOOL DISTRICTS AND REGIONAL EDUCATIONAL ATTENDANCE 15 AREAS TO DEVELOP AND IMPLEMENT 16 (A) STANDARDS FOR THE DESIGN, CONSTRUCTION, 17 AND OPERATION OF RURAL EDUCATIONAL FACILITIES; AND 18 (B) ENERGY CONSERVATION MEASURES FOR RURAL 19 EDUCATIONAL FACILITIES; 20 (16)] implement the safety and financial responsibility requirements 21 for air carriers under AS 02.40; 22 (14) [(17)] inspect weights and measures; 23 (15) at least every four years study alternatives available to finance 24 transportation systems in order to provide an adequate level of funding to sustain 25 and improve the state's transportation system. 26 * Sec. 3. AS 44.42.050(a) is amended to read: 27 (a) The commissioner shall develop [ANNUALLY] a comprehensive, 28 intermodal, long-range transportation plan for the state. The plan may be developed 29 in multiple documents that address logical components, including geographic 30 areas, modes of transportation, transportation corridors, systems, and other 31 distinct subjects relevant to transportation planning. The components of the plan

01 shall be revised as the commissioner determines appropriate. In developing and 02 revising the state plan, the commissioner shall conform to the requirements for the 03 eligibility and use of federal and other funds, as applicable. Upon approval of 04 each component of the plan by the commissioner, the commissioner shall 05 transmit notice of the approval of that component to the governor and 06 [CONSIDER MEANS AND COSTS OF IMPROVING EXISTING MODES AND 07 FACILITIES, STATE AND FEDERAL SUBSIDIES, AND THE COSTS AND 08 BENEFITS OF NEW TRANSPORTATION MODES AND FACILITIES. THE 09 COMMISSIONER SHALL ALSO CONSIDER THE RECOMMENDATION OF 10 THE ALASKA TRANSPORTATION PLANNING COUNCIL. THE PLAN SHALL 11 BE SUBMITTED TO THE GOVERNOR FOR REVIEW AND APPROVAL AND 12 SUBMITTED BY THE GOVERNOR] to the legislature. 13 * Sec. 4. AS 44.42.050(d) is amended to read: 14 (d) The commissioner shall develop a list [PLAN MUST INCLUDE A 15 DESCRIPTION] of projects scheduled [PLANNED] for design, [AND] construction, 16 or other necessary activities for a period of not less than [THE FOLLOWING] two 17 years that is consistent with the plan developed under (a) of this section. The list 18 of projects [DESCRIPTION] is in addition to the long-range plan required by (a) of 19 this section [AND BY AS 19.10.140]. The list of projects [DESCRIPTION] must 20 include an estimate of federal, state, and other funds anticipated to be received to 21 fund the projects and a description, location, and itemization of the estimated cost 22 for each project and the total cost of all projects. [THE COMMISSIONER SHALL 23 PROPOSE AND FORWARD TO THE GOVERNOR FOR REVIEW AND 24 APPROVAL AND INCLUSION, AS APPROVED, IN THE CAPITAL BUDGET A 25 CONSTRUCTION PROGRAM THAT INCLUDES THE PROJECTS TO BE 26 UNDERTAKEN DURING THE FOLLOWING TWO YEARS INCLUDING 27 RECOMMENDED PROJECT PRIORITIES. FUNDS FOR TRANSPORTATION 28 CONSTRUCTION PROJECTS AND NECESSARY CONTINGENCIES SHALL BE 29 ITEMIZED AS ALLOCATIONS WITHIN THE BILL FOR THE GENERAL 30 APPROPRIATIONS ACT.] 31 * Sec. 5. AS 44.42.050 is amended by adding a new subsection to read:

01 (e) In evaluating new highways, airports, terminals, ferries, and other major 02 components for inclusion in the plan, the commissioner shall prepare a cost- 03 effectiveness analysis using a consistent methodology. A cost-effectiveness analysis 04 is not required for a project that involves the rehabilitation and maintenance of an 05 existing transportation system or that primarily serves local transportation needs. 06 * Sec. 6. AS 46.11.900(8) is amended to read: 07 (8) "thermal and lighting energy standards" means the thermal and 08 lighting energy standards 09 (A) established by the American Society of Heating, 10 Refrigeration, and Air Conditioning Engineers as revised 11 [(i) BY THE COMMISSIONER OF 12 TRANSPORTATION AND PUBLIC FACILITIES UNDER 13 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR 14 (ii)] by the Alaska Housing Finance Corporation for 15 buildings and structures that are not public facilities; or 16 (B) developed in regulations adopted 17 [(i) BY THE COMMISSIONER OF 18 TRANSPORTATION AND PUBLIC FACILITIES UNDER 19 AS 44.42.020(a) FOR PUBLIC FACILITIES; OR 20 (ii)] by the Alaska Housing Finance Corporation for 21 buildings and structures that are not public facilities. 22 * Sec. 7. AS 19.10.140 and AS 46.11.010 are repealed. 23 * Sec. 8. Section 5 of this Act takes effect July 1, 2006.