Legislature(2023 - 2024)BUTROVICH 205
04/16/2024 01:30 PM Senate TRANSPORTATION
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Board of Marine Pilots | |
| HJR19 | |
| SB263 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 263 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HJR 19 | TELECONFERENCED | |
SB 263-ROADS & HWYS ADV BOARD; IMPROVEMENT PRGM
1:53:34 PM
CHAIR KAUFMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 263 "An Act relating to the
Roads and Highways Advisory Board; relating to metropolitan
planning organizations; relating to the statewide transportation
improvement program; and providing for an effective date."
He noted that this is the first hearing of SB 263.
1:54:08 PM
MATTHEW HARVEY, Staff, Senator James Kaufman, Alaska State
Legislature, Juneau, Alaska, provided an introduction and
presented the sectional analysis for SB 263.
Introduced SB 263, reading from the following prepared
statement:
[Original punctuation provided.]
SB 263 establishes the Roads and Highways Advisory
Board and the Statewide Transportation Improvement
Program, otherwise known as the STIP, in state
statute.
The recent rejection of the STIP by federal highway
officials, spotlighted challenges in Alaska's
transportation planning process. The initial rejection
led to fears of individual summer projects at risk, or
worse, a construction season at risk. In a commendable
effort, Alaska DOT worked with Federal officials to
arrive at an approved STIP. Still, these concerns
raised the visibility of Alaska's STIP process and the
importance of a robust and transparent planning
framework.
Alaska already has tools and systems at its disposal,
and the Roads and Highways Advisory Board is one of
those tools.
The Roads and Highway's Advisory Board was established
by AO 287 in 2017 and extended by AOs 316 and 337,
currently expiring on June 30, 2025. The Roads and
Highways Board has provided beneficial input to DOT
regarding transportation policies and priorities.
SB 263 makes minor adjustments to RHAB aimed at
clarifying the membership, purpose, duties, and
operational guidelines of the board. Alongside these
clarifications, RHAB is formally integrated into DOT's
STIP development process through the inclusion of a
duty to review DOT's project selection and
prioritization criteria.
SB 263 also formally codifies the STIP in state
statute. The STIP is not currently in statute, but a
version of the transportation plan is likely needed
even if the federal government changes its
requirements, so SB 263 is drafted with that
flexibility in mind, sticking to general requirements
and planning best practices.
SB 263 is largely a reinforcement of duties that are
already being carried out, both by the Roads and
Highways Board and by DOT in their STIP process. The
additions are intended to be minor tweaks aimed at
ensuring our transportation planning is robust,
compliant, and ready to meet the challenges of
tomorrow.
1:56:26 PM
MR. HARVEY explained the sectional analysis for SB 263:
[Original punctuation provided.]
Sectional Analysis for SB 263 Bill Version A
"An Act relating to the Roads and Highways Advisory
Board; relating to metropolitan planning
organizations; relating to the statewide
transportation improvement program; and providing for
an effective date."
Section 1:
Revises AS 19.20.220 to remove reference to AS
19.20.210 (which is repealed in Section 4).
Section 2:
Adds a new section AS 44.42.053 defining the Statewide
Transportation Improvement Program
• Requires DOT to develop a 4-year "STIP" updated
every 2 years.
• Requires the STIP to describe its alignment with
the long-range transportation plan's goals and
objectives.
• Requires that the STIP conforms with requirements
for federal funding and other transportation
funding programs.
• Requires DOT to incorporate, without revision,
plans developed by metropolitan planning
organizations (MPOs) into the STIP.
• Requires ongoing opportunities for public
participation through an online website and
notification sent to the legislature and public
when the STIP is submitted or amended.
1:57:34 PM
MR. HARVEY continued explaining the sectional analysis for SB
263:
[Original punctuation provided.]
Section 3:
Adds a new Article to AS 44.42 (State Government ?
DOT&PF)
New Section 44.42.450:
Creates the Roads and Highways Advisory
Board within DOT&PF.
New Section 44.42.460:
• Specifies the board's makeup, including
representatives from various sectors
and judicial districts.
• The board elects a chair from among its
members. • DOT provides staff for the
board.
• Members of the board serve without
compensation but may receive per diem
and travel expenses.
New Section 44.42.470:
Board members serve three-year terms and may
not serve more than two consecutive terms.
New Section 44.42.480:
Defines guidelines for board operations
including quorum, minimum meeting frequency,
and allowable executive session topics.
1:58:27 PM
New Section 44.42.490:
• Defines the board's purpose and
specifies the focus of the board
including policy, operations, project
selection and prioritization criteria,
and infrastructure needs.
• Requires that the board assess
continued viability of projects that
have been in the preconstruction phase
for three years and issue related
recommendations to DOT.
• Advises DOT on project selection and
prioritization criteria and make
recommendations to DOT through a formal
resolution regarding proposed changes
to criteria.
• Excludes AMHS and rural/international
airport roads from the board's purview.
Section 4:
Repeals AS 19.20.210 related to membership of policy
boards of MPOs. The courts have ruled that this is a
local control issue and this change brings statute in
compliance with that ruling.
Section 5:
Defines the staggered terms of the initial members of
the Roads and Highways Advisory Board.
Section 6:
Sets a January 1, 2025 effective date.
1:59:31 PM
SENATOR MYERS referred to SB 263, Section 2, page 2, line 3 and
asked why revision of the Statewide Transportation Improvement
Plan (STIP) is called for every two years when Department of
Transportation and Public Facilities (DOTPF) testimony on the
STIP suggested they would be moving toward a rolling STIP model
with annual revisions.
1:59:57 PM
MR. HARVEY said that DOTPF would be able to update the STIP
annually under SB 263, however if it becomes burdensome to move
from the current updating cadence to annual revision, this model
would provide a best practice for planning and allow
flexibility.
2:00:38 PM
SENATOR MYERS referred to SB 263, Section 2(d), line 10 and
asked whether incorporating a transportation improvement plan
(TIP) submitted by a metropolitan planning organization (MPO)
"without change" would cause the state to be constrained by
local government plans.
2:01:10 PM
MR. HARVEY said the federal government required this provision.
He said there could be distinctions drawn between non-national
roads and national highway system roads. He said the bill aligns
with federal requirements that state an improvement plan
prepared by a MPO should be incorporated [into the STIP] without
change. He emphasized that DOTPF has representation on the
policy boards. He referred to SB 263, Section 4, which is the
proposed repeal of AS 19.20.210. AS 19.20.210 defined the makeup
of those boards and was ruled unconstitutional. He explained
that the makeup of the policy boards is set by local
governments. The main intent of SB 263 was to align the STIP
development with federal requirements.
2:02:16 PM
SENATOR KIEHL referred to SB 263, Section 1, page 1, line 7. He
asked whether approval of the MPOs TIP by the governor is
required by the federal government. He suggested that it is
counterintuitive for the state to be unable to change a TIP, but
that the governor must approve it.
2:02:47 PM
CHAIR KAUFMAN called on Mr. Mills to join Mr. Harvey to answer
questions.
2:03:11 PM
MR. HARVEY deferred to Mr. Mills regarding the specific
agreements and boundaries of MPOs and agreements [between DOTPF
and MPOs] regarding scope.
2:03:51 PM
ANDY MILLS, Special Assistant to the Commissioner, Office of the
Commissioner, Department of Transportation and Public Facilities
(DOTPF), Juneau, Alaska, agreed that it is a federal requirement
for the governor to approve TIPs produced by MPOs. He pointed
out the difference in AS 19.20.210, which SB 236 proposes to
repeal and tighten, is the additional statutory requirement on
top of the federal requirement. He said the purpose of SB 263,
Section 1 was to align with the current practice and with the
federal requirements.
2:04:50 PM
SENATOR MYERS referred to SB 263, Section 3(c), pages 3 and 4.
He noted the concerns of constituents in Northern Region
regarding federal funding for projects that had not been
completed. He said when federal funds are accepted early in a
project, it helps with environmental studies and permitting
locally, but local planners have subsequently found it difficult
to discontinue a project when federal funds have been used. He
asked how SB 236 would affect those situations.
2:06:14 PM
MR. MILLS referred to the term "At-Risk PE" (Pre-Environmental
or Pre-Engineering) and said it describes the planning and
environmental work done in the early phases of a project. He
said if something is found to make the project unfeasible, the
state is not on the hook for repayment of those early funds. He
said [reimbursement of federal funds] is typically required if
work has begun on a federally funded project that does not
result in usable infrastructure. He opined that SB 263 describes
a different situation. He read SB 263, Section 3, page 3, lines
29-31 and said the preconstruction phase has multiple elements,
including planning, design, and environmental review. He said
three years is not a very long time for that extensive level of
planning. He said a significant number of DOTPF's projects would
be subject to detailed review by the volunteer board and by
DOTPF. He recalled the review effort to DOTPF's Community
Transportation Program and Community Transportation Alternatives
Program and he said the project evaluation board reviewed and
scored around 180 projects, a task he described as Herculean. He
suggested thinking through this piece of SB 263 between DOTPF
and the committee to quantify the effort by board volunteers and
by DOTPF to satisfy the requirements described by the bill.
2:08:54 PM
SENATOR TOBIN affirmed that further contemplation and committee
discussion around what assessment of the continued viability of
unfinished projects entails. She mentioned the 92nd Avenue
project and the attempt to develop a mechanism for people to
provide quality feedback to an entity that could make a
recommendation to policymakers and to DOTPF. She asked that
DOTPF employ their insight and expertise to define what it will
mean to assess projects.
2:10:13 PM
SENATOR KIEHL noted that SB 263 does not refer to tribal
transportation improvement programs. He recalled that Federal
Highways Administration (FHWA) expressed concerns about how
tribal TIPs were integrated in the first STIP submittal. He
asked whether it was a choice to leave tribal TIPS out of the
bill or if consideration had been given to adding them.
2:10:49 PM
MR. HARVEY said tribal TIPS could be included in SB 263. He said
there was no desire to leave anything out of the bill, while
also maintaining flexibility to the possibility of changing
federal requirements.
2:11:31 PM
SENATOR KIEHL referred to SB 263, Section 3, page 2-3 which
described the members of the advisory board. He noted the last
three members would be selected based on geographic location. He
asked whether a member could satisfy more than one of the
selection criteria. He also asked whether the board would be a
minimum of eleven members or if one member might conceivably
fulfill and represent more than one criteria.
2:12:28 PM
MR. HARVEY said reviewing the membership section, AS 44.42.460,
would be open to discussion with the committee. The current
drafting provides for eleven members, each with exclusive
designation to a subsection of the statute. He said there is a
risk to note with respect to the current drafting that the
potential addition of a new MPO could result in an even number
of board members or to a cumbersome number of board members. He
expressed interest in the committee's participation to determine
the optimal board size and composition.
2:13:49 PM
SENATOR MYERS read SB 263, Section 3, page 3, line 18-20. He
asked for the rationale behind providing for the board to
"consider in executive session matters that relate to
transportation plans and projects that are not yet public but
will be subject to public comment at a later time."
2:14:13 PM
MR. HARVEY offered a hypothetical situation to illustrate that
public participation early in the planning between DOTPF and the
board might bog down the process. He suggested that it would
benefit the work between DOTPF and the Roads and Highways
Advisory Board to ensure that their work would be subject to
public comment at a later time. He emphasized that the public
would not be left out of any discussion and that early phases of
planning or developing planning criteria would be between DOTPF
and the Roads and Highways Board.
2:15:28 PM
SENATOR MYERS asked for further explanation of the provision for
private discussions between the board and DOTPF.
2:15:58 PM
MR. HARVEY said that it was a policy decision intended to
promote the working relationship between DOTPF and the Board of
Roads and Highways and to allow the planning process to reach a
certain point before including public comment.
2:17:08 PM
CHAIR KAUFMAN suggested there is an opportunity for a healthy
argument [about executive sessions for DOTPF and the Board of
Roads and Highways], followed by coming to terms and moving
forward with the normal process.
2:17:23 PM
SENATOR MYERS, with regard to codifying the existing Roads and
Highways Board, asked for a description of the board's
usefulness up to this point, what the board's role was and how
it has gone so far.
2:17:53 PM
MR. MILLS said DOTPF has found great value in the board's
advisory nature and its support of DOTPF from an industry
standpoint. The Roads and Highways Board has revitalized in the
past couple of years. He reported that the board dealt with and
passed resolutions on some substantive issues. He recalled a
conversation with the previous commissioner, MacKinnon, about
whether there was enough utility in some of the board's
functions and he said engagement of the board was not as robust
then as it has been recently. He noted the importance of the
rural representation on the board and that they have galvanized
around and maintained the board's focus on Southwest Region and
other rural needs.
2:19:43 PM
SENATOR MYERS said he would be interested in hearing more
specifics about what the Board of Roads and Highways has done
since it was created. He asked about their input toward the STIP
and specific projects.
2:20:17 PM
MR. MILLS replied that the board did contribute to the STIP and
he said DOTPF would report to the committee on the board's
resolutions.
2:20:30 PM
CHAIR KAUFMAN noted that SB 263 is an opportunity to codify the
STIP process. He said the process of developing the STIP is a
big operation that has significant effect on the economy and the
ongoing work to improve Alaska. He said establishing statute for
the continuing work of producing the STIP will allow for
definition and standardization of the road planning and
improvement process.
2:22:10 PM
MR. HARVEY thanked the committee and said he would be following
up on the questions and comments from the committee.
2:22:31 PM
MR. MILLS said DOTPF would look forward to the opportunity to
walk through SB 263 and engage in robust conversation about
several elements of the bill. He thanked Senator Tobin for
passing along an early version of the bill for DOTPF to
familiarize themselves with it.
2:23:02 PM
CHAIR KAUFMAN held SB 263 in committee.
2:23:23 PM
SENATOR MYERS expressed appreciation for the opportunity to ask
extensive questions about SB 263.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Andrew Mew Marine Pilots Application.pdf |
STRA 4/16/2024 1:30:00 PM |
Appointee |
| Andrew Mew Marine Pilots Resume.pdf |
STRA 4/16/2024 1:30:00 PM |
Appointee |
| SB 263 Sponsor Statement 4.15.24 |
STRA 4/16/2024 1:30:00 PM |
SB 263 |
| SB 263 Sectional Analysis 4.15.24 |
STRA 4/16/2024 1:30:00 PM |
SB 263 |
| SB 263 Supporting Document Case No 3AN-05-8951 3.5.07.pdf |
STRA 4/16/2024 1:30:00 PM |
SB 263 |