Legislature(2001 - 2002)

04/10/2001 01:37 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         HB   8-LEGIS.PIONEER ROAD DEVELOPMENT TASK FORCE                                                                   
                                                                                                                                
MS. JANET SEITZ, staff  to Representative Rokeberg, sponsor of HB 8,                                                            
described the  bill as follows.  HB 8 sets up a Legislative  Pioneer                                                            
Road Development  Task Force consisting of representatives  from the                                                            
Alaska Trucking  Association, Operating Engineers,  Teamsters Union,                                                            
Alaska  Chamber of  Commerce, Associated  General  Contractors,  and                                                            
other organizations.    The task force's  job would  be to  identify                                                            
roads that are  important to the future of the economic  development                                                            
of Alaska and  to study the feasibility of upgrading  and developing                                                            
some of  these roads.  In  addition, the task  force is to  consider                                                            
rights-of-way  under the  RS 2477  in order to  protect the  state's                                                            
interest  in  those  rights-of-way.   It  should  also  recommend  a                                                            
schedule of appropriations  subject to federal and  other funds.  HB
8 contains  a list  of 25  road projects  to review  and allows  the                                                            
review of  other road  projects with  merit.  The  task force  is to                                                            
submit a written  report of its findings and recommendations  to the                                                            
legislature   before  the   second  session   of  the  22nd   Alaska                                                            
Legislature convenes.   The act will be repealed on  March 15, 2002.                                                            
                                                                                                                                
CHAIRMAN  COWDERY noted that  when federal  funds are involved,  the                                                            
roads have to  meet standards that make the projects  expensive.  He                                                            
asked how that is addressed in HB 8.                                                                                            
                                                                                                                                
MR.  SEITZ  said  the   Department  of  Transportation   and  Public                                                            
Facilities'  (DOTPF) staff  has testified  in other committees  that                                                            
Representative  Rokeberg's vision of gravel roads  would qualify for                                                            
federal  funding.   She  pointed out  that  Representative  Rokeberg                                                            
submitted amendments for the committee's consideration.                                                                         
                                                                                                                                
SENATOR  ELTON  commented   that  DOTPF  has  gone  through  a  very                                                            
extensive   planning    process   [the   Statewide   Transportation                                                             
Improvement  Process  - STIP];  it  may  be too  early  to tell  how                                                            
successful  that process has been.   The benefit to that  process is                                                            
that  it  was  a grounds-up  approach   to transportation   planning                                                            
instead  of  a top-down  approach.    He  asked  how Representative                                                             
Rokeberg  came to include  some roads and  transportation  corridors                                                            
that were not included in that plan.                                                                                            
                                                                                                                                
MS. SEITZ said  the roads listed in HB 8 come from  the work done by                                                            
the  House Special  Committee  on Economic  Development,  Trade  and                                                            
Tourism over  the last few  years.  She  provided committee  members                                                            
with a packet  of information from that committee.   She pointed out                                                            
it is not the  sponsor's intention  to interfere with the  STIP, but                                                            
instead  to  add  to  that  planning  process   and  to  give  DOTPF                                                            
information that it might not have otherwise looked at.                                                                         
                                                                                                                                
CHAIRMAN  COWDERY asked if  the task force  will set the  priorities                                                            
for these roads.                                                                                                                
                                                                                                                                
MS. SIETZ explained that  the task force will identify and establish                                                            
a priority  ranking  for projects  to develop or  upgrade roads  and                                                            
submit the list to the legislature.                                                                                             
                                                                                                                                
CHAIRMAN COWDERY asked a representative from DOTPF to testify.                                                                  
                                                                                                                                
MR. DENNIS POSHARD, Special  Assistant, DOTPF, stated the department                                                            
has some objections to  HB 8.  He said if money was no object, DOTPF                                                            
would support  the study and construction  of many of the  corridors                                                            
listed.  But,  the fact of the matter is, DOTPF is  operating with a                                                            
constrained   budget,  so   it  is  concerned   about  building   up                                                            
expectations  to build roads that  may not be built.  DOTPF  is also                                                            
concerned that  should those roads be built, added  maintenance will                                                            
be  necessary.   Some  of the  corridors  on  the list  will  create                                                            
substantial maintenance  burdens.  He said that one  of the repeated                                                            
arguments  in support of HB  8 is that DOTPF  has not been  building                                                            
any new  roads.  DOTPF has  built some new  small segments  of roads                                                            
recently;  the limiting  factor is  one of dollars.  He pointed  out                                                            
that when one  balances the fact that  over 200 miles of  the Dalton                                                            
Highway  is under  contract  to be  paved, that  project  is a  much                                                            
higher priority  than most of the corridors mentioned  in HB 8.  The                                                            
issue for DOTPF is one  of prioritization and not hesitancy to build                                                            
new roads; its  priority has been to upgrade existing  roads.  DOTPF                                                            
believes HB 8 will create  an unnecessary task force that will build                                                            
up expectations  about road corridors  that don't pencil  out from a                                                            
dollars   and   sense  perspective   and   from   a  prioritization                                                             
perspective.                                                                                                                    
                                                                                                                                
Number 614                                                                                                                      
                                                                                                                                
CHAIRMAN  COWDERY commented  the Alcan Highway  helped Alaska  and a                                                            
lot of the pioneer roads.                                                                                                       
                                                                                                                                
SENATOR TAYLOR  asked Mr. Poshard  to clarify what he meant  when he                                                            
talked about building expectations.                                                                                             
                                                                                                                                
MR. POSHARD  said this  task force  will recommend  roads that  most                                                            
would agree  will help develop  corridors in  Alaska but whether  or                                                            
not it is  realistic that  those roads will  be built when  they are                                                            
viewed from  the perspective of statewide  priorities is  not known.                                                            
He  pointed  out that  DOTPF  has  done  studies  on many  of  these                                                            
corridors already. DOTPF  looked at a road from Bethel to Napaskiak,                                                            
which is a short distance,  but it would have cost almost $5 million                                                            
per mile to build.   The road to Nome is currently  being studied in                                                            
the Northwest plan and  maybe recommended in that plan.  The road to                                                            
Cordova is part  of the Prince William Sound planning  process.  The                                                            
community  of Cordova is  split on the issue  and the ferry  service                                                            
improvements pencil  out much better from a dollar  perspective.  He                                                            
noted that several of the  corridors listed in the bill have already                                                            
been studied  and determining  whether  a road segment  will  be the                                                            
best use of money  without taking into consideration  rail, barging,                                                            
airport improvements  and alternative means of transportation  would                                                            
be a disservice in building  expectations on the part of the public.                                                            
                                                                                                                                
SENATOR TAYLOR asked who decides what is realistic.                                                                             
                                                                                                                                
MR.  POSHARD  said that  DOTPF  uses  a public  process  when  doing                                                            
regional  plans that  involves  the general  public.   The  regional                                                            
plans  use   economic  models,   transportation   cost  models   and                                                            
preliminary engineering studies.                                                                                                
                                                                                                                                
SENATOR TAYLOR asked who sets the policy carried out by DOTPF.                                                                  
                                                                                                                                
MR.  POSHARD  said  DOTPF operates  under  the  constraints  set  in                                                            
statute.                                                                                                                        
                                                                                                                                
SENATOR  TAYLOR commented  the  legislature  follows  a very  public                                                            
process  too.   He  said he  finds  Mr. Poshard's  testimony  to  be                                                            
arrogant  and  offensive  in  that  he  indicated  that  DOTPF  will                                                            
determine, on  everyone's behalf, what is realistic.   He stated the                                                            
Legislature determines  what is realistic and it will set the policy                                                            
and  asks  the  departments   to  carry  those  policies   out.  The                                                            
Legislature uses  a public process to set policy and  the reality of                                                            
that policy  should not get measured  by a bureaucrat in  DOTPF.  He                                                            
asked Mr. Poshard  to reconsider some of his comments  and to assist                                                            
the committee  in its efforts  to discern  what the public  believes                                                            
are priorities.                                                                                                                 
                                                                                                                                
MR. POSHARD  apologized and said his  comments were not intended  to                                                            
offend.   He  said he  was trying  to point  out that  DOTPF uses  a                                                            
public process that is  federally required.  It follows that process                                                            
to determine how  best to program in the resources  that the federal                                                            
government  has given  the state  to spend  on transportation.    In                                                            
addition, DOTPF  has to come to the Legislature for  approval of its                                                            
capital  budget  every  year,  and  that will  not  change,  so  the                                                            
Legislature  ultimately has the final  say in what DOTPF  spends the                                                            
federal transportation dollars on.                                                                                              
                                                                                                                                
CHAIRMAN  COWDERY   noted  that  Senator   Wilken  had  a   proposed                                                            
amendment.                                                                                                                      
                                                                                                                                
SENATOR  WILKEN moved  to adopt Amendment  1 and  explained that  it                                                            
will add an  item (27) for a roughly  60 mile connection  from Chena                                                            
Hot  Springs  Road  northeast  to  Circle Hot  Springs  Road.    The                                                            
addition would connect  and make a loop from Fairbanks to Circle Hot                                                            
Springs and down the Steese Highway.                                                                                            
                                                                                                                                
CHAIRMAN  COWDERY noted  that  with no  objection,  Amendment 1  was                                                            
adopted.                                                                                                                        
                                                                                                                                
SENATOR TAYLOR  moved to adopt Amendment 2, to add  item (28) to the                                                            
list of projects to study a road across the Cleveland Peninsula.                                                                
                                                                                                                                
CHAIRMAN COWDERY asked if that is the Bradfield Canal Road.                                                                     
                                                                                                                                
SENATOR TAYLOR  said it would be an extension of it.   The Bradfield                                                            
Canal Road  would run from the tip  of Bradfield Canal into  British                                                            
Columbia.   The  Cleveland  Peninsula  road  would be  necessary  to                                                            
connect Ketchikan to the Bradfield Canal Road.                                                                                  
                                                                                                                                
SENATOR  ELTON commented  that nothing  in HB 8  precludes the  task                                                            
force  from looking  at any  other projects.   He said  he will  not                                                            
object to the amendment  but advised committee members that he plans                                                            
to offer  an amendment  that will  bring balance;  it will remove  a                                                            
project.                                                                                                                        
                                                                                                                                
SENATOR TAYLOR added that,  regarding Amendment 2, most of the roads                                                            
on Revilla  Island are  logging roads and  by interconnecting  those                                                            
and building  two small bridges, one  could drive out of  Ketchikan.                                                            
                                                                                                                                
CHAIRMAN COWDERY  asked if there was any opposition  to Amendment 2.                                                            
There being none, Amendment 2 was adopted.                                                                                      
                                                                                                                                
SENATOR ELTON moved to  adopt Amendment 3, to remove on page 3, line                                                            
27,  item  number  (22),  a  road  from  Juneau  to  Atlin,  British                                                            
Columbia.   He said  he believes the  problem with  HB 8 is  that it                                                            
uses a top-down  approach instead of a bottom-up approach  beginning                                                            
at the community  level.  He believes  the Southeast Transportation                                                             
Improvement  Plan  would  be  an appropriate  place  to  make  these                                                            
decisions.  He  noted he has received a lot of comments  about HB 8,                                                            
specifically  about  the  road  from  Juneau  to Atlin.    The  vast                                                            
majority of  people who contacted  him oppose the inclusion  of that                                                            
road. Deleting  that road from the bill will accurately  reflect the                                                            
opinions  he's heard  and if  the community  wants such  a road,  it                                                            
should be discussed at the community level first.                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG  commented that the Juneau to Atlin road was                                                            
added at the request  of Representative Hudson from  Juneau when the                                                            
bill was heard in the House Transportation Committee.                                                                           
                                                                                                                                
SENATOR WILKEN asked where  Atlin is located and whether such a road                                                            
would connect to a road system so that he could drive to Juneau.                                                                
                                                                                                                                
SENATOR ELTON  said it does.  Atlin is a short distance  from Juneau                                                            
over the ice field.   The road would run up the Taku  River and into                                                            
Atlin, connecting with the Canadian road system.                                                                                
                                                                                                                                
SENATOR  WILKEN  asked Senator  Elton  whether  he would  prefer  to                                                            
remove it from the bill or to add it to the top of the list.                                                                    
                                                                                                                                
SENATOR ELTON said he would prefer that it be removed.                                                                          
                                                                                                                                
SENATOR TAYLOR  said he has also received comments  from many people                                                            
from Juneau  that favor a road to  Atlin.  He pointed out  the Atlin                                                            
road  could  be built  for  a fraction  of  the  cost of  any  other                                                            
accesses in  or out of the community.   But for the interference  by                                                            
this Administration  on development of the Tulsequah  Chief Mine and                                                            
the permits  that  have already  been granted,  that  road would  be                                                            
there  today.   This road  would go  from Thane  Road through  Sheep                                                            
Creek to  the Tulsequah Chief  Mine Road and  would not involve  the                                                            
environmental  impacts that  would occur on  the eastern Lynn  Canal                                                            
route and it would cost less to maintain.                                                                                       
                                                                                                                                
SENATOR ELTON  said this road has been part of an  ongoing study and                                                            
that it was part  of the access issue study.  The  professionals and                                                            
engineers came  to a different conclusion.  Many of  the people that                                                            
contacted  his office use  the Taku River  as a sports destination,                                                             
commercial fish  in that area, or are from the neighborhood  through                                                            
which  the  road  would  run.   He  repeated  that  these  kinds  of                                                            
decisions need  to be made at the local level. He  added that one of                                                            
the reasons the  Tulsequah Chief Mine is not in operation  has to do                                                            
with First Nations in Canada.                                                                                                   
                                                                                                                                
CHAIRMAN  COWDERY  called  for a  roll  call  vote on  Amendment  3.                                                            
Senator  Elton voted  in favor,  Senators Ward,  Taylor, Wilken  and                                                            
Cowdery voted against, therefore Amendment 3 failed.                                                                            
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked the  committee  to consider  another                                                            
amendment (Amendment  4) that would change the entity  that appoints                                                            
the  civil engineer  to  the  task force  from  the State  Board  of                                                            
Registration  for Architects,  Engineers and  Land Surveyors  to the                                                            
Alaska Professional  Design  Council.  He  noted this amendment  was                                                            
requested by the State Board.                                                                                                   
                                                                                                                                
SENATOR TAYLOR moved to adopt Amendment 4.                                                                                      
                                                                                                                                
CHAIRMAN COWDERY announced  that with no opposition, Amendment 4 was                                                            
adopted.                                                                                                                        
                                                                                                                                
SENATOR TAYLOR noted he  had a proposed amendment in his packet that                                                            
defines a rural area.                                                                                                           
                                                                                                                                
SENATOR  WARD asked to  see a copy  of the amendment  as he  was not                                                            
comfortable with  new definitions of the word "rural."   He asked if                                                            
"rural"  is defined  in current  law to  be anything  50 miles  from                                                            
Anchorage.                                                                                                                      
                                                                                                                                
CHAIRMAN COWDERY said he did not know.                                                                                          
                                                                                                                                
SENATOR TAYLOR  noted that he would have to oppose  the amendment if                                                            
it is offered because it  says that none of the towns visited by the                                                            
Alaska  Marine   Highway  System   in  Southeast  Alaska   would  be                                                            
considered rural, such as Angoon and Hoonah.                                                                                    
                                                                                                                                
SENATOR WARD  asked Representative  Rokeberg what the intent  of the                                                            
proposed amendment is.                                                                                                          
                                                                                                                                
REPRESENTATIVE  ROKEBERG said the task force will  have four members                                                            
appointed from  rural areas.  His  intent was to make sure  that the                                                            
task force had representation from the rural parts of the state.                                                                
                                                                                                                                
CHAIRMAN COWDERY  asked Representative Rokeberg if  he sponsored the                                                            
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG said that is correct.                                                                                   
                                                                                                                                
SENATOR WILKEN  asked Representative  Rokeberg how strongly  he felt                                                            
about the amendment.                                                                                                            
                                                                                                                                
REPRESENTATIVE  ROKEBERG said  he would defer  to the wisdom  of the                                                            
Senators on this issue.                                                                                                         
                                                                                                                                
SENATOR TAYLOR moved SCS  CSHB 8(TRA) from committee with individual                                                            
recommendations.                                                                                                                
                                                                                                                                
CHAIRMAN COWDERY noted that two people were waiting to testify.                                                                 
                                                                                                                                
MS.  PAULA  TERREL,   Vice  President  of  the  Thane  Neighborhood                                                             
Association,  asked the committee  to rescind its action  on failing                                                            
to adopt  Amendment 3.   The Thane Neighborhood  Association  is not                                                            
opposed to  HB 8, but it  does oppose a  road from Juneau  to Atlin.                                                            
The association  opposes such as a  road for the following  reasons:                                                            
                                                                                                                                
   · Heavy avalanche danger;                                                                                                    
   · The road would travel through a neighborhood that currently                                                                
     has a dirt road;                                                                                                           
   · The road would travel through the Dupont area, which is                                                                    
     heavily used by local, tourism, and recreational groups;                                                                   
   · In the Juneau access road study the Atlin road project was                                                                 
     ruled out because the British Columbia government opposed that                                                             
     portion of the road;                                                                                                       
   · High maintenance costs;                                                                                                    
   · The First Nations in British Columbia have filed a lawsuit to                                                              
     stop development of the Tulsequah Chiefs Mine, which is why                                                                
     the permit for a road to that mine has been held up.                                                                       
                                                                                                                                
The Thane  Neighborhood  Association  also supports  the  commercial                                                            
fishing  groups and the  Taku River homeowners  association,  groups                                                            
that oppose this road.                                                                                                          
                                                                                                                                
SENATOR TAYLOR  said he completely agrees with Ms.  Terrell and that                                                            
it's not his  intent to take a road  out past Thane Road  because of                                                            
the  reasons she  stated.   He noted  there  is a  hole through  Mt.                                                            
Roberts so if a tunnel  was punched through it, the road would never                                                            
come near the Thane Road neighborhood.                                                                                          
                                                                                                                                
MS. SUSAN SCHRAEDER, representing  Alaska Conservation Voters (ACV),                                                            
said ACV has  several concerns with  this legislation.  Last  month,                                                            
the Senate Transportation  Committee heard testimony on SB 3, a bill                                                            
that would authorize an  appropriation to do a study of North Denali                                                            
access.  A  major criticism of the  Denali Task Force was  that they                                                            
thought the  membership of  that task force  was totally  imbalanced                                                            
with members opposed  to a northern access route.   She believes the                                                            
same criticism  can be leveled at  the Pioneer Road Task  Force.  It                                                            
is almost  exclusively weighted  with pro-road  advocates.   Alaskan                                                            
history  has shown,  time and  again, that  road  projects are  very                                                            
controversial and the best  way to avoid some of that controversy is                                                            
to have  a good public  process.   The fiscal  note associated  with                                                            
this bill does  not provide for many local hearings  or notification                                                            
of comment  periods.  The task force  should be funded sufficiently                                                             
to allow for a meaningful  public process so that the task force can                                                            
determine  what  communities  want.   Ms.  Schrader said  a  healthy                                                            
economy  for Alaska will  not be  found by looking  backwards  at 80                                                            
year old rutted  tractor trails.  She encouraged legislators  to put                                                            
its  time and  resources  into  meaningful  studies to  improve  the                                                            
transportation  needs  of  the  state  that  will  enhance  economic                                                            
opportunities.  HB 8 will  establish a controversial, faulty process                                                            
to take  a look backwards.   She asked the  committee to oppose  the                                                            
bill.                                                                                                                           
                                                                                                                                
SENATOR  TAYLOR moved  and  asked unanimous  consent  that SCS  CSHB
8(TRA) move from  committee with individual recommendations.   There                                                            
being no objection, the motion carried.                                                                                         

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