Legislature(2003 - 2004)
03/16/2004 09:53 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 16, 2004
9:53 a.m.
MEMBERS PRESENT
Representative Bruce Weyhrauch, Chair
Representative Jim Holm, Vice Chair
Representative Paul Seaton
Representative Max Gruenberg
MEMBERS ABSENT
Representative John Coghill
Representative Bob Lynn
Representative Ethan Berkowitz
COMMITTEE CALENDAR
OVERVIEW: DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES
- HEARD [See 8:04 a.m. minutes for this date]
HOUSE BILL NO. 327
"An Act relating to the powers and duties of the Department of
Transportation and Public Facilities; and repealing a
requirement that public facilities comply with energy standards
adopted by the Department of Transportation and Public
Facilities."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 327
SHORT TITLE: POWERS/DUTIES DOTPF
SPONSOR(S): REPRESENTATIVE(S) HOLM
05/16/03 (H) READ THE FIRST TIME - REFERRALS
05/16/03 (H) TRA, STA
02/19/04 (H) TRA AT 1:30 PM CAPITOL 17
02/19/04 (H) Heard & Held
02/19/04 (H) MINUTE(TRA)
02/26/04 (H) TRA AT 1:30 PM CAPITOL 17
02/26/04 (H) Moved CSHB 327(TRA) Out of Committee
02/26/04 (H) MINUTE(TRA)
03/01/04 (H) TRA RPT CS(TRA) NT 4DP
03/01/04 (H) DP: MASEK, OGG, STEPOVICH, HOLM
03/16/04 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
TODD LARKIN, Staff
to Representative Holm
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Discussed the changes made by the bill on
behalf of Representative Holm, sponsor of HB 327.
JEFF OTTESEN, Director
Division of Program Development
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the division during
the hearing on HB 327.
ACTION NARRATIVE
TAPE 04-37, SIDE A
Number 0001
CHAIR BRUCE WEYHRAUCH called the House State Affairs Standing
Committee meeting back to order at 9:53 a.m. Present at the
call back to order were Representatives Holm, Seaton, Gruenberg,
and Weyhrauch. [For the overview by the Department of
Transportation & Public Facilities, see the 8:04 a.m. minutes
for this date.]
HB 327-POWERS/DUTIES DOTPF
[Due to technical difficulty, there are approximately 20 seconds
of blank tape. The following is reconstructed from the
committee secretary's log notes.]
Number 0001
CHAIR WEYHRAUCH announced that the next order of business was
HOUSE BILL NO. 327, "An Act relating to the powers and duties of
the Department of Transportation and Public Facilities; and
repealing a requirement that public facilities comply with
energy standards adopted by the Department of Transportation and
Public Facilities."
[Tape recording begins here.]
Number 0020
REPRESENTATIVE HOLM, as sponsor of HB 327, offered a brief
introduction to the bill.
Number 0035
TODD LARKIN, Staff to Representative Holm, Alaska State
Legislature, testified on behalf of Representative Holm, sponsor
of HB 327. He noted that HB 327 would change and repair
portions of statute that have needed attention for quite awhile.
He said, "Though it is the duty and power of the legislator to
overturn court decisions from time to time, I want to take a
moment on the record to acknowledge the [Alaska] Superior Court.
It is the judges' thoughtful review which has allowed us to
identify the correct problems in statute."
Number 0084
CHAIR WEYHRAUCH requested that Mr. Larkin distribute the court's
decision before the next hearing on the bill.
MR. LARKIN said he would. He noted that [Representative Holm's
office] had just received that information this morning. He
addressed the basic history of the bill, as follows:
In the late seventies, an executive order that was not
acted on by the legislature found its way into law.
It created some project study requirements and a
transportation council. Both were impractical because
of the great attention needed to keep compliance with
federal funding requirements. And also, the council
itself - which was created - has not had members to
consult for about 24 years.
MR. LARKIN, in response to questions from Chair Weyhrauch,
clarified that the executive order, written in [1977], had not
been acted upon by the legislature.
Number 0179
MR. LARKIN continued as follows:
Because of that, currently in statute, the
commissioner is required to consider recommendations
of that same council. We're offering this bill to
repair these problems, which have already begun to
hold up at least two projects and are bound to hold up
more. Time is a concern; if we accomplish this soon,
one of the projects can catch this building season,
possibly.
MR. LARKIN urged the committee to support HB 327.
Number 0217
JEFF OTTESEN, Director, Division of Program Development,
Department of Transportation & Public Facilities (DOT&PF), told
the committee that he, Representative Holm's staff, and the
Department of Law have been involved in the drafting of [HB
327]. He indicated that [the bill] hinges upon a lawsuit that
is currently "wending its way through superior court." He said
there has been a preliminary injunction filed. He said the
statute is identified as that with which "we" can't fully
comply. He said, "It's the requirement that we consider cost
and benefits of all projects that run through the process." Mr.
Ottesen remarked that [DOT&PF] doesn't consider cost and
benefits of the Marine Highway system. He explained that that
system is essentially a "public good" that operates at subsidy.
He noted that many other aspects of the transportation system
are "in the same boat."
Number 0285
CHAIR WEYHRAUCH indicated that [the legislature] needs to know
whether litigants' cases may be harmed by legislative action.
He suggested anticipating "those kind of questions." He also
suggested that the attorney general involved could be available
[for the next hearing of the bill].
Number 0329
REPRESENTATIVE SEATON noted that the bill [proposes] a one-year
revision, which he said he would oppose. He said [changing to
one year] would mean going to an annual review for the Statewide
Transportation Improvement Program (STIP) list. He explained
that the effort has just been made to change it to a bi-annual
[review] so that the list doesn't have to be made every year.
He pointed to page 5, line 18, [which is where the change in
language would occur].
Number 0439
MR. OTTESEN, in response to a question from Chair Weyhrauch,
confirmed that the aforementioned court case involves the State
of Alaska and Trout Unlimited. He added, "The decision, to
date, has been a partial summary judgment decision and also a
decision on a preliminary injunction."
[HB 327 was heard and held.]
ADJOURNMENT
Number 0451
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 10:00
a.m. [For the overview by the Department of Transportation &
Public Facilities, see the 8:04 a.m. minutes for this date.]
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