02/02/2017 01:30 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB51 | |
| Presentation: Work Draft by Department of Transportation | |
| Approval of Drafting Request for Potential Committee Legislation by Request of the Governor | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 51 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
February 2, 2017
1:32 p.m.
MEMBERS PRESENT
Representative Louise Stutes, Co-Chair
Representative Adam Wool, Co-Chair
Representative Matt Claman
Representative Harriet Drummond
Representative Chuck Kopp
Representative Mark Neuman
Representative Colleen Sullivan-Leonard
Representative David Eastman (alternate)
MEMBERS ABSENT
Representative Gabrielle LeDoux (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 51
"An Act relating to the regulation of wastewater discharge from
small commercial passenger vessels in state waters; and
providing for an effective date."
- MOVED CSHB 51(TRA) OUT OF COMMITTEE
PRESENTATION: WORK DRAFT BY DEPARTMENT OF TRANSPORTATION
- HEARD
APPROVAL OF DRAFTING REQUEST FOR POTENTIAL COMMITTEE LEGISLATION
BY REQUEST OF THE GOVERNOR
- HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 51
SHORT TITLE: SMALL VESSEL WASTEWATER EXEMPTION
SPONSOR(s): TRANSPORTATION
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) RES, FIN
01/20/17 (H) TRA REPLACES RES REFERRAL
01/20/17 (H) BILL REPRINTED 1/20/17
01/26/17 (H) TRA AT 1:30 PM CAPITOL 17
01/26/17 (H) Heard & Held
01/26/17 (H) MINUTE(TRA)
01/27/17 (H) BILL REPRINTED 1/27/17
02/02/17 (H) TRA AT 1:30 PM BARNES 124
WITNESS REGISTER
MICHAEL NEUSSL, Deputy Commissioner
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: During a meeting on HB 51, answered
questions relating to Conceptual Amendment 1.
HEATHER FAIR, State Right-of-Way Chief
Division of Statewide Design & Engineering Services
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Answered questions on possible legislation
relating to state compliance with federal Relocation Assistance
Programs.
ACTION NARRATIVE
1:32:38 PM
CO-CHAIR LOUISE STUTES called the House Transportation Standing
Committee meeting to order at 1:32 p.m. Representatives Neuman,
Drummond, Claman, Kopp, Sullivan-Leonard, Wool, and Stutes were
present at the call to order. Representative Eastman
(alternate) arrived as the meeting was in progress.
HB 51-SMALL VESSEL WASTEWATER EXEMPTION
1:34:06 PM
CO-CHAIR STUTES announced that the first order of business would
be HOUSE BILL NO. 51, "An Act relating to the regulation of
wastewater discharge from small commercial passenger vessels in
state waters; and providing for an effective date."
CO-CHAIR STUTES opened public testimony on HB 51, and then she
closed it after ascertaining that no one wished to testify. She
noted that Mike Lesmann and Michael Neussl from Department of
Transportation and Public Facility (DOT&PF) and Michelle Hale
from Department of Environmental Conservation (DEC) were in the
room for questions. She indicated a desire to review the two
attached zero fiscal notes.
1:36:41 PM
REPRESENTATIVE NEUMAN moved that the committee adopt Conceptual
Amendment 1 to Version D, labeled 30-LS0302\D.1, Nauman, 2/1/17,
which read:
Page 4, following line 5:
Insert a new bill section to read:
"* Sec. 8. The uncodified law of the State of
Alaska is amended by adding a new section to read:
RETROACTIVITY. This Act is retroactive to January 1,
2016."
Renumber the following bill section accordingly.
CO-CHAIR STUTES objected for discussion purposes.
1:37:03 PM
REPRESENTATIVE NEUMAN explained that Conceptual Amendment 1
would change the effective date in Section 8 of HB 51, from
occurring immediately to being retroactive to January 1, 2016.
He stated that the proposed amendment would ensure that state
and private sector vessels addressed in the bill are fully
covered and not left vulnerable due to the January 1, 2016,
sunset. Representative Neuman offered his understanding that
there are a number of vessels that will be affected. He
acknowledged that the department posted a letter ensuring it
would not take action against those vessels, but explained he
was offering, Conceptual Amendment 1 to close a loop and ensure
that the private sector operators are not left vulnerable to any
lawsuits.
CO-CHAIR STUTES asked that DOT&PF speak to Conceptual Amendment
1.
1:37:57 PM
MICHAEL NEUSSL, Deputy Commissioner, Department of
Transportation & Public Facilities (DOT&PF), stated that from
the department's perspective, the effective date doesn't make
any difference. He said that it would be fine to close the gap
but that it had effectively been done already by the letter from
DEC. Mr. Neussl stated that the department has been complying
with the same best management practice (BMP) plans it has always
followed. He reiterated that the department has no objections
to Conceptual Amendment 1.
1:38:31 PM
REPRESENTATIVE NEUMAN stated that when he checked with DEC prior
to the meeting, he understood the department had no problems
with the proposed amendment.
1:38:47 PM
CO-CHAIR STUTES reiterated that the department is neutral
regarding Conceptual Amendment 1, but she said the proposed
amendment could offer added protections to the private sector.
CO-CHAIR STUTES removed her objection to the motion to adopt
Conceptual Amendment 1. There being no further objection,
Conceptual Amendment 1 was adopted.
1:39:12 PM
CO-CHAIR WOOL moved to report HB 51, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 51(TRA) was
reported out of the House Transportation Standing Committee.
^PRESENTATION: WORK DRAFT BY DEPARTMENT OF TRANSPORTATION
1:39:47 PM
CO-CHAIR STUTES announced that the next order of business would
be a presentation from the DOT&PF relating to state compliance
with federal Relocation Assistance Programs. She stated that
this was not a bill hearing and that it was simply an
introduction to a bill that would bring Alaska's statute into
compliance with new federal law. She assured the committee and
the public that there would be ample time for proper vetting at
a later date. Co-Chair Stutes called Heather Fair with DOT&PF
to the stand to present the proposal.
1:40:34 PM
HEATHER FAIR, State Right-of-Way Chief, Division of Statewide
Design & Engineering Services, Department of Transportation &
Public Facilities (DOT&PF), stated that Co-Chair Stutes was
correct that the legislation being requested by the governor
would bring Alaska into compliance with federal mandates. Ms.
Fair explained that the Moving Ahead for Progress in the 21st
Century Act ("MAP-21") was the second to last iteration of new
federal laws that apply to Alaska in regard to relocation
assistance for Alaskan families, businesses, and farms. She
said that MAP-21 was the first time in over 40 years that the
amount of federal funds available to parties that are displaced
from right-of-way acquisitions by DOT&PF was raised.
1:41:48 PM
REPRESENTATIVE SULLIVAN-LEONARD inquired who would sponsor the
bill.
CO-CHAIR STUTES explained that the intent is to make it a
committee sponsored bill.
1:42:13 PM
The committee took an at-ease from 1:42 p.m. to 1:43 p.m.
^APPROVAL OF DRAFTING REQUEST FOR POTENTIAL COMMITTEE
LEGISLATION BY REQUEST OF THE GOVERNOR
APPROVAL OF DRAFTING REQUEST FOR POTENTIAL COMMITTEE LEGISLATION
BY REQUEST OF THE GOVERNOR
1:43:00 PM
CO-CHAIR STUTES [announced that the final order of business
would be the approval of drafting request for potential
committee legislation by request of the governor.] She
clarified the committee was discussing a concept for a bill that
may subsequently be drafted and sponsored by the House
Transportation Standing Committee at the request of the
governor.
REPRESENTATIVE SULLIVAN-LEONARD asked why the governor would not
bring the bill forward himself.
CO-CHAIR STUTES answered that it is very common for a committee
to present a bill [at the request of the governor].
1:44:00 PM
REPRESENTATIVE KOPP offered his understanding that today the
committee was just talking conceptually about the information
sheet provided in the committee packets. He asked Ms. Fair
whether the issue is just a housekeeping measure that does not
involve any general funds dollars but instead is regarding
federal dollars. He concluded that the intent is to create
statute to authorize the state to spend available federal
dollars to relocate people.
MS. FAIR answered that is correct.
1:44:44 PM
REPRESENTATIVE CLAMAN asked if not drafting and enacting such
legislation would hamper Alaska's ability to use federal dollars
to pay individuals who were relocated by DOT&PF. He stressed
that it is important for Alaska to have its statutes in
compliance with federal standards to ensure maximum benefit from
the federal dollars.
MS. FAIR answered that is correct. She explained that the state
needs to be very clear about its authorizations to comply with
federal law and to bring the maximum eligible amounts of federal
dollars to displaced Alaskans.
1:45:39 PM
CO-CHAIR WOOL moved and asked unanimous consent that in
accordance with AS 24.08.0640, the committee authorize the
introduction of a committee bill on the subject of Federal
Relocation Assistance Program compliance.
REPRESENTATIVE NEUMAN objected for discussion purposes.
CO-CHAIR STUTES objected for discussion purposes.
REPRESENTATIVE NEUMAN explained a situation, from his district
along the George Parks Highway (Parks Highway), where according
to "the federal center line" there was a certain distance from
the center line of the Parks Highway to where private property
started; and property owners in the area were working off of the
plat mats that were stamped by the State of Alaska (SOA) and the
borough. Representative Neuman said that when DOT&PF ran its
right-of-way through the Parks Highway, the department based the
location of lines off something that United States Congress did
back in 1946, which allowed for a different center line to be
used. He stated that that action took an additional 15-20 feet
away from those private properties where owners had been paying
property taxes for 20 or 30 years. He said that there was
confusion because property owners lost value on existing
infrastructure, such as a parking lot. He cautioned that the
committee should look into some of the problems that have arisen
in Alaska in previous cases involving rights-of-way.
CO-CHAIR STUTES assured Representative Neuman that the motion
before the committee today is strictly to make it a committee
bill and that there will be later hearings in the committee on
the issue.
REPRESENTATIVE NEUMAN asked whether any bill language had been
drafted.
CO-CHAIR STUTES answered no.
1:48:02 PM
REPRESENTATIVE NEUMAN withdrew his objection.
CO-CHAIR STUTES withdrew her objection and announced that there
being no further objection, the motion to introduce a committee
bill on the subject of Federal Relocation Program Compliance was
so ordered.
1:48:44 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 1:48
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB051 ver D 1.27.17.PDF |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| HB051 Supporting Documents-Small Vessel Discharge Bill FAQs 1.18.17.pdf |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| HB051 Supporting Document-FINAL Small Ship 2016 Sampling Report 1.18.17.pdf |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| HB051 Supporting Document-CPVEC BMP Info Sheet 1.18.17.pdf |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| HB051 Supporting Document-2008 Foss Report on Malaspina MSD Upgrades 1.18.17.pdf |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| HB051 Sponsor Statement 1.24.17.pdf |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| HB051 Fiscal Note DOT&PF-Commissioner's Office 1.22.17.pdf |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| HB051 Fiscal Note DEC-DW 1.22.17.pdf |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| HB051 Discharge Volume Comparison Chart 1.21.17.pdf |
HTRA 2/2/2017 1:30:00 PM |
HB 51 |
| Federal Relocation Assistance Program Q&A.pdf |
HTRA 2/2/2017 1:30:00 PM |
Federal Relocation Assistance |