Legislature(1997 - 1998)
04/30/1998 02:12 PM Senate TRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CSHB 361(TRA) am - PRIVATE MAINTENANCE OF STATE HIGHWAY
SENATOR GREEN moved to adopt SCSCSHB 361(HES), version B, as the
working document before the committee. There being no objection,
the motion carried.
REPRESENTATIVE BEVERLY MASEK, sponsor of HB 361, gave the following
overview of the measure. HB 361 was introduced to resolve a
conflict over private maintenance of state owned highways.
Currently it is difficult at best for the Department of
Transportation and Public Facilities (DOTPF) to deal with private
parties that undertake the maintenance of state highways where the
state has ceased maintenance operations during winter months. HB
361 is not intended to keep private parties from maintaining state
highways; the purpose is to ensure that the proper tools are in
place so that maintenance conforms to standards necessary to
protect the public. HB 361 gives DOTPF clear statutory authority
to regulate such activities. This bill was prompted by an incident
in the Mat-Su/Petersville Road area. A mining company began
plowing the road and the residents in the area complained that not
enough snow was left on the highway for snow machine use so that
people could get to their cabins. The mining company was plowing
the road down to gravel, and a lodge owner began blocking the
plows. HB 361 applies to state highways, not state roads.
Number 105
SENATOR HALFORD questioned whether this bill might work the wrong
way. The language provides for two lanes of travel, and if two
lanes are not feasible, pull outs at regular intervals to aid the
flow of traffic, and for parking areas at regular intervals to
allow public access to public lands adjacent to the highway. He
thought Representative Masek's goal was to provide multiple-
vehicular access. He noted if a road is plowed two-lanes wide,
there will be no room to run a snowmachine. If only one lane is
plowed, then snowmachines will be able to use the road.
REPRESENTATIVE MASEK thought Senator Halford was referring to the
Denali Highway. She stated the plowing on the Petersville Road was
done in such a manner that all of the snow was removed. She
believed DOTPF would view each road differently.
SENATOR HALFORD maintained the language in the bill says, "shall,
to the maximum extent feasible, provide for two lanes of travel,
and if two lanes are not available, pull outs at regular
intervals...." He suggested the bill not specify two lanes of
travel because leaving snow on one lane would resolve the problem.
He repeated his suggestion that the language allow for multiple
vehicular access, rather than require two lanes of travel.
Number 154
REPRESENTATIVE MASEK indicated language on line 6 says, "or, if two
lanes are not feasible, pull outs at regular intervals to aid the
flow of two-way traffic." She maintained the bill does not require
that two lanes be kept open.
SENATOR HALFORD felt the word "feasible" would be interpreted to
view the situation from an economic standpoint. He repeated the
intent of the new section could be accomplished by removing the
provision for two lanes of travel or pullouts, and instead provide
for multiple vehicle-type access. He added the bill should not
allow huge berms to be built.
REPRESENTATIVE MASEK noted berms are a problem on the Petersville
Road because of the snow conditions. She said she understood
Senator Halford's point, but could not imagine problems would occur
if the road was not plowed down to gravel.
VICE-CHAIR WILKEN asked Senator Halford to present a proposed
amendment to Representative Masek for later consideration.
Number 196
DENNIS POSHARD, Special Assistant at DOTPF, stated the department
supports HB 361 as it encourages anyone willing to maintain a
section of a state highway to do so. This bill would only apply to
roads that DOTPF has chosen not to maintain during the winter.
DOTPF requested the bill be amended in a House committee to require
written approval from DOTPF prior to maintenance, so that DOTPF can
keep track of what activities are taking place.
VICE-CHAIR WILKEN asked Mr. Poshard to comment on Senator Halford's
suggestion.
MR. POSHARD did not think DOTPF would have a problem with the
intent of Senator Halford's suggestion but without seeing the
specific language he could not state DOTPF support or opposition.
SENATOR LINCOLN stated her concern about the bill is that she does
not want DOTPF to use this legislation to stop maintenance
operations on certain roads during winter months.
MR. POSHARD said he appreciates Senator Lincoln's concern, and
assured her DOTPF does not view this legislation as an excuse to
stop road maintenance. DOTPF views this legislation as an option
to use on roads that are not currently maintained during the
winter.
SENATOR GREEN asked if a current prohibition exists against private
maintenance of state highways.
MR. POSHARD replied he did not know the answer to that question.
He believed problems have occurred with private maintenance in that
state roads not plowed to a standard DOTPF considers to be
acceptable have created a safety risk for travelers expecting
better road conditions.
SENATOR GREEN asked, if she lived at the end of a road that was not
maintained in the winter, and her only goal was to get from the
maintained road to her home, whether she would have to plow to a
standard comparable to DOTPF's if HB 361 passes.
MR. POSHARD answered that would not be the case if she was merely
traveling the road for her own purpose. DOTPF would not limit
anyone's personal use of a state road.
Nu9mber 261
SENATOR GREEN asked how personal use maintenance would differ. She
asked if she plowed a state highway during a snow storm so that she
could get home, whether different maintenance standards would
apply.
MR. POSHARD said he was not aware of any.
SENATOR HALFORD noted the House version required written approval
from DOTPF before maintenance could occur but that provision is not
included in version B.
MR. POSHARD indicated DOTPF requested that written approval be
required because it wanted to know what maintenance was taking
place on state roads to ensure that damage was not occurring and
that maintenance was done to an adequate standard.
REPRESENTATIVE MASEK stated she was not opposed to the conceptual
changes requested by Senator Halford.
SENATOR HALFORD moved to delete line 7 and line 8 to the word
"allow" and to insert, after the words "provide for" on line 6, the
language "multiple type vehicle access to allow public access to
public lands adjacent to the state highway." He noted private and
public lands are assumed.
SENATOR LINCOLN objected to the motion and asked for clarification
of what that change will do.
SENATOR HALFORD indicated the problem will not be resolved by
plowing some of the roads two lanes wide. People who want to
maintain a road do not want to be in a position to only be able to
do so if they plow the road two lanes wide. If a person plowed
with a CAT, a tunnel would be created in high drift areas. He
stated it is his intention to give DOTPF the ability to require
that berms be knocked down every 300 feet so that people can get in
and out, or that the road not be plowed all of the way down to
gravel, or to come up with a plan that will allow several types of
vehicles to use the road.
SENATOR LINCOLN removed her objection. There being no further
discussion, the motion carried.
SENATOR LINCOLN stated without any notification to, or approval
from, DOTPF, anyone can maintain a state highway in any way they
want and will not be liable for any damage or injury to users of
the road. She questioned the intent of the legislation if it
allows the general public to plow any state highway in any way they
want if the state does not maintain the road.
Number 346
SENATOR HALFORD did not think the bill provides for immunity from
liability either for damages or from a third party suit. The bill
does maintain that the state is not liable for the actions of
another person. It will not prohibit liability for the private
person doing the maintenance if the road is damaged or a third
party sues for injury.
MR. POSHARD agreed and added the House Transportation Committee
voted against a proposed amendment that would have exempted the
party responsible for maintaining the road from liability.
SENATOR HALFORD noted the road closure would be posted.
REPRESENTATIVE MASEK respectfully asked committee members to pass
the bill out of committee.
SENATOR HALFORD moved SCSCSHB 361(TRA) out of committee with
individual recommendations and its accompanying fiscal notes.
SENATOR LINCOLN objected because she believed DOTPF should be
notified of, and approve, private maintenance.
SENATOR HALFORD pointed out the status quo is no oversight on the
part of DOTPF.
The motion carried with Senators Halford, Wilken, and Green voting
in favor, and Senator Lincoln voting against.
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