03/17/2016 08:00 AM House STATE AFFAIRS

        HB 259-RELOCATION ASSISTANCE FOR FED. PROJ/PROG                                                                     
                                                                                                                                
8:08:00 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  first order of business  would be                                                               
HOUSE BILL NO. 259 "An  Act relating to relocation assistance for                                                               
federally assisted  projects and  programs; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
JOHN BINDER, Deputy Commissioner,  Department of Transportation &                                                               
Public Facilities  (DOT&PF), presented  HB 259  on behalf  of the                                                               
House  Rules  Standing  Committee,  sponsor, by  request  of  the                                                               
governor.   He  stated that  HB 259  would bring  Alaska statutes                                                               
into compliance  with federal law.   He went on to  say that when                                                               
right of  ways are required  for public  transportation purposes,                                                               
federal law  requires [DOT&PF] to compensate  the property owners                                                               
for  the value  of the  property and  also to  provide relocation                                                               
benefits for  displaced families,  businesses, and farms.   Under                                                               
the federal initiative known as  Moving Ahead for Progress in the                                                               
21st  Century  Act  ("MAP-21"),  signed into  law  in  2012,  the                                                               
federal government has made it  easier to qualify for the program                                                               
and also has  increased to the maximum  the relocation assistance                                                               
that is available to affected  parties.  Benefits paid to Alaskan                                                               
families and businesses under this  program would be eligible for                                                               
federal participation.                                                                                                          
                                                                                                                                
REPRESENTATIVE KELLER  asked for  confirmation that  the proposed                                                               
legislation would  be specifically  for the purpose  of complying                                                               
with  federal  requirements as  they  pertain  to relocation  and                                                               
assistance to the relocated parties.                                                                                            
                                                                                                                                
MR.  BINDER  confirmed  Representative  Keller's  assessment  and                                                               
added that  since the values were  last updated in the  1980s, HB
 would remove the payment limits  in order to be in compliance                                                               
with federal  law and to avoid  having to make future  changes to                                                               
the statutes.                                                                                                                   
                                                                                                                                
8:12:06 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:12 a.m. to 8:13 a.m.                                                                       
                                                                                                                                
8:12:35 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN, after  ascertaining no one wished  to testify, closed                                                               
public testimony on HB 259.                                                                                                     
                                                                                                                                
8:12:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  cited the payment  limits on pages  2 and                                                               
3,  which are  deleted in  HB 259,  and asked  about the  current                                                               
practice  of payment  when someone  incurs costs  exceeding those                                                               
limits.                                                                                                                         
                                                                                                                                
8:13:44 AM                                                                                                                    
                                                                                                                                
MR. BINDER responded  that if families, businesses,  or farms are                                                               
relocated, Alaska  must be  in compliance with  federal law.   He                                                               
continued  that  the relocation  expense  is  eligible under  the                                                               
federal  program for  the usual  match of  90 percent  of federal                                                               
funds, depending on the project.                                                                                                
                                                                                                                                
8:15:28 AM                                                                                                                    
                                                                                                                                
ROGER  HEALY,  Director/Chief  Engineer,  Division  of  Statewide                                                               
Design   &   Engineering    Services   (DSDES),   Department   of                                                               
Transportation &  Public Facilities (DOT&PF), responded  that the                                                               
relocation  benefits are  set by  federal law  and Alaska  cannot                                                               
exceed  them.    He  added  that  these  payments  are  just  for                                                               
relocation and not for acquisition of the properties.                                                                           
                                                                                                                                
8:16:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ asked when this federal law was enacted.                                                                 
                                                                                                                                
8:16:16 AM                                                                                                                    
                                                                                                                                
MR. HEALY responded  that the federal highway law  referred to as                                                               
MAP-21  was  passed  in  July  6,  2012,  and  included  language                                                               
increasing the  amounts of compensation, thus  prompting the need                                                               
to change Alaska statute.                                                                                                       
                                                                                                                                
8:16:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ asked if there  are limits pursuant to the                                                               
federal law.                                                                                                                    
                                                                                                                                
8:16:53 AM                                                                                                                    
                                                                                                                                
MR. HEALY responded in the affirmative.                                                                                         
                                                                                                                                
REPRESENTATIVE VAZQUEZ referred  to page 1, line  10, which read:                                                               
"in  accordance  with  the requirements  and  limitations  of  42                                                               
U.S.C.   4601-4655  (Uniform   Relocation  Assistance   and  Real                                                               
Property  Acquisition Policies  Act of  1070)."   She noted  that                                                               
citing  federal  statute  for   future  limits  was  good  future                                                               
planning.                                                                                                                       
                                                                                                                                
8:17:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to  report HB  259 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  HB 259 was reported out of the                                                               
House State Affairs Standing Committee.