Legislature(1993 - 1994)

03/15/1994 01:30 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE BILL NO. 183                                                           
                                                                               
       "An Act directing the identification and delineation of                 
       a transportation and utility corridor between Fairbanks                 
       and the Seward Peninsula for  road, rail, pipeline, and                 
       electrical transmission purposes; and providing for  an                 
       effective date."                                                        
                                                                               
  REPRESENTATIVE  JEANNETTE  JAMES  provided  members  with  a                 
  proposed committee substitute, work draft #8-LS0296\U, dated                 
  1/18/94  (copy on  file).   She noted  that page  1, line  7                 
  removes "Northern  region".  She  stressed the need  to look                 
  toward the  future transportation needs  of the state.   She                 
  emphasized that Fairbanks is the end of the railroad.    She                 
  observed that she is not requesting funding for the corridor                 
  delineation at this time.                                                    
                                                                               
  Representative  James  referred  to  concerns  by   Co-Chair                 
  MacLean  regarding  the   inclusion  of  "a  road"   in  the                 
  contemplation of the corridor.  She  stated that she did not                 
  object to the deletion of "a road".                                          
                                                                               
  Co-Chair MacLean stated that she supports the concept of the                 
  legislation.  She explained that her reservations are that a                 
  road through the villages could have severe social impact.                   
                                                                               
  Representative Brown expressed concern with the inclusion of                 
  "an  electrical transmission  line".   Representative  James                 
  clarified that, currently, there is no intention to build  a                 
  line.  Representative Brown suggested  that the inclusion of                 
  language identifying  an electrical transmission  line could                 
  provide undue  momentum for  the building  of a  line.   She                 
  stressed that energy needs of the state should first look to                 
  the resources  at hand  and provide  the least  cost to  the                 
  consumer.                                                                    
                                                                               
  Representative James assured her that  her prime interest is                 
  to  assure  that   authorization  exists   for  a   corridor                 
  accommodating a railroad.  She stressed the need to plan for                 
  the future.                                                                  
                                                                               
                                                                               
                                6                                              
                                                                               
                                                                               
  Representative   Hanley   expressed    concern   that    the                 
  Commissioner of  Department  of  Transportation  and  Public                 
  Facilities  could use  the authorization  to expend  federal                 
  funds  on  the  project  without legislative  appropriation.                 
  Members  discussed  the  Commissioner's  ability  to   spend                 
  federal funds.                                                               
                                                                               
  Representative James suggested that "subject to  legislative                 
  appropriation" be added.                                                     
                                                                               
  Representative Therriault spoke in support of the  retention                 
  of "an electrical transmission line."                                        
                                                                               
  Representative Hanley  clarified that  the legislature  must                 
  give authorization for the spending of federal funds.                        
                                                                               
  Representative  Brown  referred to  the  fiscal note  by the                 
  Department  of Transportation  and  Public Facilities.   She                 
  noted that the fiscal note requests funding for FY 95 and FY                 
  96.   Representative James  stated that  she did  not intend                 
  that there  be authorization  of money  associated with  the                 
  legislation.                                                                 
                                                                               
  Co-Chair Larson  suggested that language  on page 1,  line 9                 
  through 14 be  deleted from the  committee substitute.   Co-                 
  Chair  MacLean  added that  "for  road, rail,  pipeline, and                 
  electrical  transmission purposes;"  would  also be  deleted                 
  from the title.  Representative James expressed concern that                 
  the corridor meet the  criteria  needed to build a railroad.                 
  Co-Chair Larson pointed out that  page 2, line 2  guarantees                 
  that  "the  railroad  alignment   and  identification  of  a                 
  railroad right-of-way  of not less than 500 feet shall guide                 
  the identification and delineation of the corridor".                         
                                                                               
  Co-Chair  MacLean  MOVED to  AMEND, work  draft #8-LS0296\U,                 
  dated 1/18/94 to delete on page 1, line 2 and 3,  "for road,                 
  rail, pipeline, and  electrical transmission purposes;"  and                 
  to  insert  on  page  1,  line  7  "Subject  to  legislative                 
  appropriation" and to  delete after  "Peninsula" on page  1,                 
  lines  9 through 14.   There being  NO OBJECTION,  it was so                 
  ordered.                                                                     
                                                                               
  Co-Chair MacLean expressed  concern that potential  negative                 
  social impacts of nearby communities be considered.  She did                 
  not offer  Amendment 2  which would have  required that  the                 
  Department   consider   these   concerns.     Representative                 
  Therriault clarified that impact of nearby communities would                 
  be  considered  under  public  input  when  construction  is                 
  proposed.                                                                    
                                                                               
  Co-Chair  MacLean  asked the  significance  of the  AS 38.05                 
  citation on page 2, line 29.                                                 
                                                                               
                                7                                              
                                                                               
                                                                               
  CLYDE  STOLTZFUS, DEPARTMENT  OF  TRANSPORTATION AND  PUBLIC                 
  FACILITIES  suggested that  the citation  would prevent  the                 
  Department of Natural  Resources from taking state  land out                 
  of multiple use.                                                             
                                                                               
  Representative Brown questioned if the process authorized by                 
  the committee  substitute would  be handled  outside of  the                 
  normal land classification procedures outlined in  AS 38.05.                 
  She  asked   if  classification   required  public   notice.                 
  Representative James assured her that no construction  would                 
  take place without public input.  Any  project using federal                 
  funds would require an environmental impact statement.                       
                                                                               
  CSHB  183  (FIN) was  HELD  in  Committee to  allow  further                 
  clarification of the citation to AS 38.05.                                   
  HOUSE BILL NO. 183                                                           
                                                                               
       "An Act directing the identification and delineation of                 
       a transportation and utility corridor between Fairbanks                 
       and the Seward Peninsula for  road, rail, pipeline, and                 
       electrical transmission purposes;  and providing for an                 
       effective date."                                                        
                                                                               
  Representative  James  noted  that  she  had  discussed  the                 
  intent, by  the drafter, for the inclusion of AS 38.05.  She                 
  referred  to  page  2,  line  14.    She  noted  that  after                 
  identifying the corridor the Department of Natural Resources                 
  will  make  the  land  available.    She  stressed  that the                 
  language on page 2, line 29 is to assure that the process of                 
  reclassification of land  for the corridor be  excluded from                 
  AS 38.05 until construction is proposed.                                     
                                                                               
  Representative  Brown   asked  why  language   allowing  the                 
  rejection of a  corridor was  included on line  17, page  2.                 
  Representative  Parnell suggested  that  the language  would                 
  allow the  corridor to be rejected if it  is not used in the                 
  future.                                                                      
                                                                               
  Co-Chair  MacLean  suggested  that the  fiscal  note  by the                 
  Department of Transportation and Public Facilities be zero.                  
                                                                               
                                9                                              
                                                                               
                                                                               
  Co-Chair  MacLean MOVED  to  report CSHB  183  (FIN) out  of                 
  Committee with  individual recommendations  and with  a zero                 
  fiscal note.  There being NO OBJECTION, it was so ordered.                   
                                                                               
  CSHB  183  (FIN) was  reported  out  of Committee  with  "no                 
  recommendation" and with a  fiscal impact note by  the House                 
  Finance Committee                                                            

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