Legislature(2005 - 2006)BUTROVICH 205
03/09/2006 01:30 PM Senate TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| SB271 | |
| SB304 | |
| SB300 | |
| SB261 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | SB 261 | ||
| = | SB 271 | ||
| = | SB 300 | ||
| = | SB 304 | ||
SB 271-AUTHORIZE HWY PROGRAM PARTICIPATION
CHAIR HUGGINS announced SB 271 to be up for discussion.
MIKE BARTON, Commissioner, Department of Transportation and
Public Facilities (DOTPF), emphasized the importance of SB 271
that gives the state the ability to assume National
Environmental Policy Act (NEPA) responsibilities for the Federal
Highway Administration. This is a pilot project that is being
offered to only four or five other states and probably the 45
other states would like to have it. It rounds out the state's
roll in NEPA and is akin to the state assuming fisheries
management.
He said that Department of Environmental Conservation (DEC)
would assume management of National Pollutant Discharge System
(NPDS) permits. The fiscal note was on the order of half a
million dollars, but he felt that it would be more expensive to
not do it and felt that Alaska would be better served and
perhaps even get some projects out a little sooner.
1:40:30 PM
CHAIR HUGGINS said Alaska is one of five states that are part of
the pilot program - California, Oklahoma, Ohio, and Texas, are
the others. The program expires on August 10, 2011, and he asked
if he thought it would be self-perpetuating.
COMMISSIONER BARTON responded that 2011 is when the next highway
reauthorization would occur and he thought all states would get
this opportunity at that time.
CHAIR HUGGINS said the state may not submit its application
until rule-making is complete and that has yet to be
accomplished.
COMMISSIONER BARTON replied that was correct. Federal Highways
was given nine months to put the rules together.
1:42:00 PM
SENATOR KOOKESH asked how far behind they are.
COMMISSIONER BARTON said that Federal Highways anticipates a
July/August timeframe.
CHAIR HUGGINS said he thought it would be reasonable to assume
that would bite into the pilot time.
SENATOR FRENCH asked if the state would take over all federal
highway projects during the pilot program.
COMMISSIONER BARTON answered that the program is structured so a
state could choose to apply it selectively, but it was his
intent to assume it for everything.
1:42:59 PM
SENATOR FRENCH asked for a legal opinion as to whether
Section 1, on page 1, line 7, should be read as "must" rather
than "may" in reference to the Attorney General waiving
immunity. He thought the state had to waive immunity if it
assumed a project.
PETER PUTZIER, Senior Assistant Attorney General, Transportation
Section, Civil Division, Department of Law, answered that there
is a potential separation-of-powers issue. The Legislature
couldn't direct the Attorney General to waive immunity. Before
the state can assume duties, by subsequent memorandum, the
Attorney General would have to weigh in on a project-specific
basis.
1:44:40 PM
SENATOR FRENCH asked if this is part of a six-year pilot
project.
COMMISSIONER BARTON replied yes and part of it has already
passed.
SENATOR FRENCH asked if worse comes to worse and it doesn't
work, is there a mechanism by which the state can go back to the
way it was before.
COMMISSIONER BARTON replied that he didn't anticipate this being
a train wreck; rather he thought it was a golden opportunity for
the state. He was sure there was some escape mechanism if it was
really needed.
SENATOR FRENCH opined that the state could at least consider
finishing its ongoing projects and just not take over any more.
COMMISSIONER BARTON agreed that was one escape mechanism.
1:45:45 PM
CHAIR HUGGINS said this really allows the state to take control
of its own destiny.
COMMISSIONER BARTON concurred.
1:46:09 PM
SENATOR FRENCH moved to report SB 271 from committee with
individual recommendations. Without objection, SB 271 was
reported from the Senate Transportation Standing Committee.
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