04/14/2005 01:30 PM House TRANSPORTATION

HB 239-POWERS/DUTIES DOTPF/TRANSPORTATION PLAN                                                                                
                                                                                                                                
CO-CHAIR ELKINS announced  that the next order  of business would                                                               
be HOUSE BILL  NO. 239 "An Act relating to  the powers and duties                                                               
of  the  Department  of  Transportation  and  Public  Facilities;                                                               
repealing the  requirement for a  long-range program  for highway                                                               
construction and  maintenance; and  repealing a  requirement that                                                               
public  facilities comply  with energy  standards adopted  by the                                                               
Department of Transportation and Public Facilities."                                                                            
                                                                                                                                
JEFF   OTTESEN,  Director,   Division  of   Program  Development,                                                               
Department  of Transportation  &  Public  Facilities (DOT),  said                                                               
this almost  passed the legislature last  year.  He said  it is a                                                               
simple, housecleaning bill with one  important provision.  It was                                                               
driven home by a lawsuit against  the state for failing to have a                                                               
full cost benefit  analysis before a rural  project went forward.                                                               
He said any project can be litigated unless HB 239 passes.                                                                      
                                                                                                                                
MR. OTTESEN  said that the  bill takes  care of things  that have                                                               
changed over time.  He said  DOT receives money from sources that                                                               
are expected  to be  granted to  local government  or nonprofits,                                                               
and Section 1  gives the department legal authority  to issue the                                                               
grants.   The  heart of  the bill  is Section  3, he  said.   The                                                               
merging of DOT and public  works was an administrative order that                                                               
became  statute without  a legislative  vote, he  explained.   An                                                               
annual transportation  plan for  all modes of  transportation was                                                               
required at that time,  but DOT can't afford to do  that now.  He                                                               
said it  also calls  for a  cost and  benefit analysis  for every                                                               
project without considering  the size of the project.   The court                                                               
ruling  and lawsuit  requires the  cost benefit  study, so  every                                                               
local government who nominates a  project for aviation, highways,                                                               
or transit will  have to do the analysis.   "That's not something                                                               
we  want them  to do;  that's something  we're doing  because the                                                               
court  has already  ruled that  the statute  requires this."   He                                                               
said there are  two letters from local  government supporting the                                                               
bill.                                                                                                                           
                                                                                                                                
2:07:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  moved to  report HB  239 out  of committee                                                               
with  individual recommendations  and accompanying  fiscal notes.                                                               
There being  no objection,  HB 239  was passed  out of  the House                                                               
Transportation Standing Committee.