Legislature(2017 - 2018)BARNES 124
05/04/2018 03:15 PM House LABOR & COMMERCE
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Audio | Topic |
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Start | |
SB86 | |
SB76 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 86 | TELECONFERENCED | |
+= | SB 76 | TELECONFERENCED | |
SB 86-ALASKA RAILROAD CORP: LAND;BONDS,FINANCE 3:18:02 PM CHAIR KITO announced that the first order of business would be CS FOR SENATE BILL NO. 86(FIN) am, "An Act relating to the sale or other disposal, leasing, or encumbrance of Alaska Railroad Corporation land; relating to the financing and bonding authority of the Alaska Railroad Corporation; and providing for an effective date." CHAIR KITO announced that public testimony on SB 86 was open from the previous hearing. 3:18:12 PM SHAREN WALSH, Port of Alaska, testified in support of SB 86. She paraphrased from her written statement, which reads as follows [original punctuation provided]: Port of Alaska is a publically-owned facility that handles half of all of Alaska's inbound, marine freight. Almost 3.5 million tons of fuel and cargo crossed Port of Alaska's docks in 2017. Half of the cargo that moves through the Port is delivered to final destinations outside of Anchorage and directly benefits some 85 percent of all Alaskans. The Port originally opened in 1961 and its docks have long exceeded their original design life, they are suffering from severe corrosion, they are not well- suited for modern cargo-handling operations, and they are unlikely to survive another significant earthquake. For these reasons, Port of Alaska is moving forward with a program replace its aging docks before they fail. This port modernization program is optimized to replace the docks in timely and cost effective manner while maintaining ongoing operations that benefit our entire state. The first phase of this project involves land that is currently leased by the Port from the Alaska Railroad. Shore stabilization work is scheduled to start on this property this summer in preparation for construction of a new petroleum and cement terminal that is scheduled for completion in 2020. It is not appropriate for the Port of Alaska, a publically-owned enterprise, to build a new dock on land that it does not control in perpetuity. Passage of SB86 will allow the land sale that will provide this control. I appreciate your careful consideration and support of passing this bill, so that the Port can move forward with construction of new docks that will benefit all of Alaska. 3:20:18 PM TOM MEACHAM spoke to the amendments to SB 86. He suggested a likely outcome in court would a determination that be Alaska Railroad Transfer Act (ARTA) does not require an exclusive use easement on lands that were not part of Denali National Park or native lands, which would mean the federal government would not be defending the challenge regarding all lands received and deemed to be erroneous. He suggested the interests at the time of ARTA were the only interests involved. He said ARTA shows that exclusive use easement does not extend to lands that are already subject to the 1914 right-of-way. 3:24:45 PM JOAQUIM BARBACHANO testified in support of SB 86. He mentioned the letter from Representative Don Young regarding the railroad easement. He opined the intent was not to take away land from landowners. He said he feels the proposed legislation is an "easy fix" for the problem. 3:25:52 PM JACK BROWN spoke to a serious attack on property rights. He said Alaska Railroad Corporation (ARRC) changed the legal nature of the surface easement which runs across private property. He added the market value of his property had been gutted by claims of exclusive use by the railroad. He said the homestead patent is very clear about the right-of-way. 3:28:37 PM SUSAN BROWN testified in the hearing on SB 86. She said the ARRC had illegally and unconstitutionally stolen land of Alaskans. She added that a few people in Anchorage, Alaska have just learned about the issue. REPRESENTATIVE BIRCH asked Ms. Brown whether she was aware that the CS only states the ARRC does not have authority over interest which was not owned at the time of transfer. MS. BROWN answered that she was fully aware of that. 3:30:52 PM ROY LONGACRE testified in the hearing on SB 86. He said he agreed with earlier testimony from Mr. Tom Meacham. He queried why the ARRC had different needs under state control than it had under federal control. He said that in order to cut down trees on private property, the ARRC required it be hired to manage the operation. 3:34:45 PM JOHN KAGERER testified in support of SB 86. He stated he had just been notified that the railroad had been granted use of his property. He said he had had no prior knowledge and that he believes it is totally wrong. He stated the easement should be returned to the way it was before. 3:36:42 PM CHAIR KITO closed public testimony on SB 86. REPRESENTATIVE JOSEPHSON shared his concerns about the proposed bill. He stated he feels the decision should go before the courts. He spoke to the legal opinion on the proposal. REPRESENTATIVE BIRCH commented that the issue was complicated. He underlined that ARRC is a state enterprise. He said that under the state and federal law, it is not the responsibility of the property owners to address the issue. He mentioned ARTA. CHAIR KITO said he would characterize the responsibilities differently. He highlighted that the shareholders are residents of Alaska and the legislature does have a responsibility to protect them. He then spoke to the partnerships with the Port of Anchorage, Alaska. 3:46:34 PM REPRESENTATIVE WOOL moved to report CSSB 86(FIN) AM out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, it was so ordered.
Document Name | Date/Time | Subjects |
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SB86 Letters of Support 5.3.18.pdf |
HL&C 5/4/2018 3:15:00 PM |
SB 86 |
SB76 Ver. S.pdf |
HL&C 5/4/2018 3:15:00 PM |
SB 76 |
SB76 and HB 357 Letters of support 5.4.18.pdf |
HL&C 5/4/2018 3:15:00 PM |
HB 357 SB 76 |
SB76 and HB 357 Oppostion Letters 5.4.18.pdf |
HL&C 5/4/2018 3:15:00 PM |
HB 357 SB 76 |
SB76 Explanation of Changes Ver C to Ver S 5.4.18.pdf |
HL&C 5/4/2018 3:15:00 PM |
SB 76 |
SB76 Amendment S.3.pdf |
HL&C 5/4/2018 3:15:00 PM |
SB 76 |