Legislature(2005 - 2006)BUTROVICH 205
04/28/2005 01:30 PM Senate TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| SB183 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 183 | TELECONFERENCED | |
SB 183-OUTDOOR ADVERTISING; ENCROACHMENTS
CHAIR HUGGINS announced SB 183 was up for consideration.
SENATOR COWDERY moved Version \Y as the working document before
the committee. Hearing no objections, the motion carried.
MS. DEBORAH GRUNDMANN, staff to Senator Charlie Huggins,
introduced SB 183 and informed the committee it would allow the
Department of Transportation and Public Facilities under certain
conditions to grant encroachment permits, which would
grandfather in people with existing encroachments so long as
they do not affect road construction.
MS. DEBBIE OSSIANDER, member, Anchorage Assembly, testified in
support of SB 183. The Assembly is concerned with encroachment
issues in the reconstruction of the Old Glenn Highway Renewal
Project especially with regards to the Anchorage Fire Department
and the community of Chugiak.
SENATOR COWDERY asked whether the bill would affect construction
of the gas pipeline.
1:39:21 PM
MR. JOHN MACKINNON, Deputy Commissioner, Department of
Transportation and Public Facilities (DOTPF), said the gas
pipeline, as a utility, would not fall under the purview of SB
183.
1:40:28 PM
CHAIR HUGGINS asked the length of the permit.
MR. MACKINNON responded the permit would be issued for five
years.
SENATOR FRENCH shared Senator Cowdery's concern regarding
encroachments near the construction of the gas pipeline since
the line will follow the highway.
Senator Kookesh and Senator Therriault joined the committee at
1:43:59 PM.
MR. MACKINNON informed the committee SB 183 deals with
encroachments that exist at the time that the act is signed into
law. There is concern there might be a rush to place
encroachments before the act is signed so an amendment has been
suggested, which would establish retroactive data to address
that. The bill would not guarantee that encroachments would be
permitted.
CHAIR HUGGINS said the bill provides a mechanism that would
allow people to talk to the DOT about their encroachments to
determine whether or not they are allowed.
1:47:45 PM
SENATOR FRENCH asked whether an encroachment was considered
anything that is in the right-of-way. He asked if the impetus
of the bill was only the reconstruction of the Old Glenn Highway
of if there were other similar issues throughout the state.
MR. MACKINNON responded the bill is not specific to the Old
Glenn Highway. Encroachments are things such as easements,
garages, driveways, and decks. Mailboxes are allowed without a
permit so long as they are built to certain specifications.
1:50:12 PM
CHAIR HUGGINS asked the process for encroachment consideration.
MR. MACKINNON explained the DOT surveys the entire right-of-way
and they require people to remove all encroachments or apply for
a permit to allow their encroachment to remain.
1:51:45 PM
SENATOR THERRIAULT asked fee rate of the permit and whether is
would be transferable.
MR. MACKINNON answered the permit would have to be renewed when
the property transferred. The fee is $100 for the permit.
Presently there are a number of encroachment permits statewide,
mostly for commercial purposes. There was a recent ruling saying
the DOT cannot collect rent on easements to residential
property. The DOT suggested a second amendment.
CHAIR HUGGINS moved Amendment 1. Hearing no objections, the
motion carried.
A M E N D M E N T 1
As 19.25.105(d)(2) and AS 19.25.200(c) delete "on the
effective date of this Act" and insert "existed as of
January 1, 2005, and".
CHAIR HUGGINS moved Amendment 2.
A M E N D M E N T 2
Add a new subsection (g):
The state is not liable for damage to, or damage or
injury resulting from the presence of, and encroachment in
the right-of-way of a state highway.
SENATOR FRENCH objected for the purpose of discussion. He said
that there seems to be a difference between memorials and
encroachments in that encroachments could be more substantial.
Before giving the state immunity, this should be considered.
MR. MACKINNON said as an attorney he appreciates the work the
DOT engineers put into the analysis of encroachments. They
competently analyze the level of hazard presented by an
encroachment when they evaluate the permit request.
2:01:40 PM
SENATOR FRENCH suggested the amendment be narrowed to address
the concern. He suggested exempting the state for a negligent
decision but not for gross negligence.
2:02:40 PM
MR. MACKINNON added a permit goes through numerous steps and
signoffs and approvals. There are numerous people who view the
permit request to ensure gross negligence does not occur.
SENATOR FRENCH removed his objection.
Hearing no further objections, Amendment 2 was adopted.
MS. SUSAN GORSKY, executive director, Chugiak Assembly,
testified in support of SB 183.
2:04:01 PM
CHAIR HUGGINS asked Ms. Gorsky whether the Fire Department was
impacted by the reconstruction of the Old Glenn Highway.
MS. GORSKY responded yes.
MS. FRANCIS JACOBS, cabin owner, Old Glenn Highway, testified
she has trouble renting her cabin due to lack of parking because
her parking lot has been excluded by the DOT. She asked what she
could do.
2:07:12 PM
CHAIR HUGGINS informed SB 183 would allow her to apply for a
permit.
MS. LINDA KOVAK, member, Chugiak Community Council Board,
testified in support of SB 183. She described the current
upgrades that are being constructed on the Old Glenn Highway and
the current DOT regulations pertaining to encroachments on the
highway. She described the negative impacts that current
practices have upon property owners living near the proposed
improvements. SB 183 would alleviate the impacts.
2:11:18 PM
MS. DIXIE WANDELL testified most of the parking space for her
business is in the right-of-way of the Old Glenn Highway. If SB
183 were to pass it would allow her to maintain the parking
space for her business. She mentioned elements of her community
that would benefit from the legislation.
2:15:39 PM.
REPRESENTATIVE MIKE HAWKER testified he has right-of-way issues
in his district particularly with respect to communities and
buildings that were constructed before the highway existed.
Federal right-of-way standards require some parts of these
buildings to be demolished even though they do not pose a threat
to drivers on the highway.
2:18:56 PM
CHAIR HUGGINS advised the committee does not want to create a
burden on the DOT. He asked Mr. Mackinnon whether SB 183 would
cause undue hardship for the department.
MR MACKINNON answered although his staff does not entirely agree
with the bill overall it is reasonable. The permitting required
by this bill would place a small burden on the department since
it would involve a thorough investigation and analysis.
CHAIR HUGGINS envisioned the bill would apply primarily to old
communities and to buildings in the right-of-way of major
projects. He said given the federal requirements he is
comfortable with the legislation.
2:24:36 PM
SENATOR FRENCH saw SB 183 as requiring the DOT to review every
possible encroachment. He asked whether it was in the interest
of the DOT to have that requirement in legislation.
Mr. Mackinnon suggested removing the first sentence in Section 2
subsection (d).
SENATOR THERRIAULT believed Senator French's suggestion to be
logical and would also reduce the fiscal note.
CHAIR HUGGINS moved to adopt conceptual Amendment 3. Hearing no
objections, the motion carried.
SENATOR KOOKESH asked how the state statute overrides the very
strict and explicit language of the federal requirements.
MR. MACKINNON replied there are provisions that give the state a
certain amount of leeway. Federal law does not preclude the
language of the statute. It has not been DOT practice to approve
encroachments but it might be in the interest of the state to
change that policy in some instances.
2:37:03 PM
SENATOR THERRIAULT said Amendment 3 should be referenced in the
public notice statute. He wondered whether doing so could affect
the fiscal note attached to the bill.
2:40:27 PM
REPRESENTATIVE HAWKER said he could not imagine 500 citizens
paying $100 for an encroachment permit but citizens with a
direct financial interest would apply.
MR. MACKINNON said SB 183 is worth the benefits that it will
create in terms of public relations.
SENATER THERRIAULT moved CSSB 183(TRA) out of committee with
individual recommendations and attached fiscal notes. The motion
carried without objection.
| Document Name | Date/Time | Subjects |
|---|