Legislature(2005 - 2006)HOUSE FINANCE 519
05/03/2006 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| Confirmations | |
| SB188 | |
| SB289 | |
| SB317 | |
| SB274 | |
| SB271 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 317 | TELECONFERENCED | |
| + | SB 274 | TELECONFERENCED | |
| + | SB 188 | TELECONFERENCED | |
| + | SB 289 | TELECONFERENCED | |
| + | SB 271 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 271
"An Act authorizing the commissioner of transportation
and public facilities to participate in certain federal
highway programs and relating to that authorization;
relating to powers of the attorney general to waive
immunity from suit in federal court related to those
programs; and providing for an effective date."
JOHN MACKINNON, DEPUTY DIRECTOR, DEPARTMENT OF
TRANSPORTATION AND PUBLIC FACILITIES, related aspects of the
National Environmental Policy Act (NEPA). Alaska is one of
five states participating in a federal pilot program
delegating the review and approval of NEPA documents and
related environmental approvals. The duration of the pilot
program is six years and is limited to highway projects. He
explained when the NEPA process is required for a
construction job. Most NEPA activity involves categorical
exclusions. The bill allows decisions to be made at the
state level, rather than at the federal level.
9:41:33 AM
Mr. MacKinnon addressed the fiscal notes. He noted that
federal funds pay 90 percent of the cost of the program.
Participation in this pilot project adds four positions to
Department of Transportation and Public Facilities and one
to the Department of Law.
Mr. MacKinnon referred to the sovereign immunity waiver.
Any suit brought against the state for a NEPA action can be
done in federal court. Mr. MacKinnon related two past
lawsuits, in which the state prevailed. He addressed
potential costs as a result of a potential lawsuit.
Mr. MacKinnon emphasized that the bill does not lessen
environmental protection.
9:44:21 AM
Representative Holm said he appreciates the local control
aspect. He noted that legislators don't have to assume
these duties until 2011 and wondered if it would it be
better to participate in the program right away. Mr.
MacKinnon clarified that the pilot program is scheduled to
sunset in 2011. The responsibilities of the program can be
assumed immediately. The state's liability does not apply
to any current NEPA action, only to environmental actions
assumed under the pilot program.
Representative Holm asked what the liability is for future
actions of state employees. He referred to past high costs
for court cases. He wondered what the potential liability
is.
Mr. MacKinnon replied that there is little potential for
liability. Representative Holm said his point is that it is
easier to sue in state court than in federal court. Mr.
MacKinnon replied that the pilot program requires any suits
to be brought in federal court. Representative Holm
countered that they would have to be defended in federal
court, which isn't the case today. Mr. MacKinnon continued
to explain that the benefits of the program outweigh any
potential liability.
Representative Holm said his concern is that there is no way
to "escape under those rules". He returned to the issue of
expense for silt litigation. He proposed great savings by
exercising common sense. Mr. MacKinnon agreed with
Representative Holm's frustrations regarding silt blankets
and fences.
Mr. MacKinnon referred to a graph that explained the effects
of federal environmental laws on transportation construction
delays.
9:50:32 AM
Co-Chair Meyer summarized that the benefits outweigh the
risks. He asked if the fiscal note requires four positions
to implement this bill. Mr. MacKinnon said yes.
Representative Kerttula asked how long it would take for the
federal government to turn the program over to the state.
Mr. MacKinnon said the federal government is now working on
the rules, but they are behind. He related the process of
turning the responsibility over to the state.
Representative Kerttula asked if Commissioner Barton prefers
to assume all responsibility. Mr. MacKinnon said that is
correct. Representative Kerttula asked if the state is
assuming anything yet. Mr. MacKinnon said not yet.
9:53:40 AM
Representative Kerttula asked how may cases the federal
government has to defend every year under NEPA.
PETER PUTZIER, SENIOR ASSISTANT ATTORNEY GENERAL,
TRANSPORTATION SECTION, DEPARTMENT OF LAW, responded with
details about two previous lawsuits within the last 20
years. Representative Kerttula said she had not considered
that a lawsuit could be a part of a group of claims.
Representative Kerttula asked what the state's role would be
for such a lawsuit. Mr. Putzier said the intent is to only
defend claims against NEPA.
GARY OLSON, CHAIRMAN, ALASKA MOOSE FEDERATION, related that
his organization appreciates the intent of the bill. He
recalled lawsuits down south because of animals on the
highways. He spoke of ways to prevent similar litigation
and listed steps to keep moose off highways.
9:58:56 AM
Representative Foster MOVED to REPORT SB 271 out of
Committee with individual recommendations and the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
SB 271 was REPORTED out of Committee with a "no
recommendation" and with fiscal note #1 by the Department of
Transportation and Public Facilities and with zero fiscal
note #2 by the Department of Environmental Conservation.
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