Legislature(2005 - 2006)BUTROVICH 205

04/28/2005 01:30 PM Senate TRANSPORTATION


Download Mp3. <- Right click and save file as

Audio Topic
01:34:03 PM Start
01:39:21 PM SB183
02:44:19 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 183 OUTDOOR ADVERTISING; ENCROACHMENTS TELECONFERENCED
Moved CSSB 183(TRA) Out of Committee
Bills Previously Heard/Scheduled
           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