Legislature(2005 - 2006)BUTROVICH 205

02/16/2006 01:30 PM Senate TRANSPORTATION


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01:41:41 PM Start
01:41:53 PM Presentation: Context Sensitive Design,
02:55:27 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation - Context Sensitive Design TELECONFERENCED
"Thinking Beyond the Pavement"
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                       February 16, 2006                                                                                        
                           1:41 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Charlie Huggins, Chair                                                                                                  
Senator John Cowdery, Vice Chair                                                                                                
Senator Gene Therriault                                                                                                         
Senator Albert Kookesh                                                                                                          
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
Presentation: Context Sensitive Design, "Thinking Beyond the                                                                    
Pavement"                                                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Frank McQueary, President                                                                                                       
Anchorage Road Coalition                                                                                                        
7810 Ascot Street                                                                                                               
Anchorage, AK  99502                                                                                                            
POSITION STATEMENT:  Gave presentation on context sensitive                                                                   
design and answered questions.                                                                                                  
                                                                                                                                
Jeff Ottesen, Director                                                                                                          
Division of Program Development                                                                                                 
Department of Transportation and Public Facilities                                                                              
3132 Channel Drive                                                                                                              
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT:  Answered questions during the presentation                                                               
on context sensitive design.                                                                                                    
                                                                                                                              
Nancy Reeder, Lieutenant                                                                                                        
Anchorage Police Department                                                                                                     
4501 South Bragaw                                                                                                               
Anchorage, AK  99507-1599                                                                                                       
POSITION STATEMENT:  Participated  in the presentation on context                                                             
sensitive design.                                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR CHARLIE  HUGGINS called the Senate  Transportation Standing                                                             
Committee meeting to order at  1:41:41 PM.  Present were Senators                                                             
Hollis French, John Cowdery and  Chair Charlie Huggins.  Senators                                                               
Albert  Kookesh  and  Gene  Therriault   joined  the  meeting  in                                                               
progress.                                                                                                                       
                                                                                                                                
           ^Presentation:  Context Sensitive Design,                                                                        
                 "Thinking Beyond the Pavement"                                                                             
                                                                                                                              
CHAIR  HUGGINS announced  the beginning  of  the presentation  on                                                               
context sensitive design (CSD).                                                                                                 
                                                                                                                                
1:41:53 PM                                                                                                                    
                                                                                                                                
FRANK  McQUEARY, President,  Anchorage  Road Coalition,  informed                                                               
members  that he  is an  advocate  of a  business process  called                                                               
context  sensitive  design  [also   known  as  context  sensitive                                                               
solutions (CSS)].   With him  were Nancy Reeder of  the Anchorage                                                               
Police  Department   and  Jeff  Ottesen  of   the  Department  of                                                               
Transportation  and  Public  Facilities (DOTPF).    Mr.  McQueary                                                               
began a slide presentation and invited questions at any point.                                                                  
                                                                                                                                
1:43:07 PM                                                                                                                    
                                                                                                                                
MR.  McQUEARY explained  that CSD  developed as  the result  of a                                                               
1998  conference in  Maryland,  "Thinking  Beyond the  Pavement,"                                                               
sponsored   by  the   Federal   Highway  Administration   (FHWA),                                                               
Maryland's  transportation department,  the Institute  of Traffic                                                               
[Engineers]  and the  American Association  of State  Highway and                                                               
Transportation  Officials  (AASHTO).    That  conference  was  in                                                               
response  to  a  growing  recognition  that  something  might  be                                                               
missing in  the traditional way various  road-construction design                                                               
and  governmental  agencies  went about  their  normal  business.                                                               
They were experiencing a lot  of controversy, many delays and the                                                               
failure of projects to get built in a timely fashion or at all.                                                                 
                                                                                                                                
He  noted that  to promote  CSD two  years later,  FHWA published                                                               
Flexibility  in  Highway  Design,  which was  intended  to  be  a                                                             
companion to  the Green Book,  a volume on  highway construction.                                                             
He related a  comment about the importance of  putting together a                                                               
transportation system  that considers  the quality of  life, made                                                               
by  Tom   Warne,  then  commissioner  of   Utah's  department  of                                                               
transportation  and  the  immediate  past  president  of  AASHTO.                                                               
Mr. McQueary  emphasized that  this movement  is from  within the                                                               
profession,  and  is  gaining ever-wider  acceptance  across  the                                                               
country.                                                                                                                        
                                                                                                                                
He reported  that in  Anchorage the  discussion started  in 2003,                                                               
when the  [Anchorage] Road Coalition  looked at a number  of best                                                               
practices,  became   familiar  with  CSD   and  went  to   33  of                                                               
Anchorage's community councils; subsequently,  32 of those signed                                                               
a resolution requesting that both  the state and the Municipality                                                               
of Anchorage  adopt CSD  as a  business-process tool.   Anchorage                                                               
Metropolitan Area  Transportation Study (AMATS)  formally adopted                                                               
that   resolution  in   2004,  and   in  2005   the  municipality                                                               
established an  office charged with responsibility  for beginning                                                               
the process of implementing CSD/CSS.                                                                                            
                                                                                                                                
Senator Kookesh joined the meeting at 1:45:21 PM.                                                                             
                                                                                                                                
MR.  McQUEARY showed  a slide  depicting  organizations that  had                                                               
implemented  CSD either  partially or  entirely.   He said  it is                                                               
widely practiced.                                                                                                               
                                                                                                                                
1:46:22 PM                                                                                                                    
                                                                                                                                
MR.  McQUEARY  highlighted  a request  that  the  state  consider                                                               
adoption,  by legislation,  of CSD/CSS.   He  mentioned a  report                                                               
from  the  aforementioned  conference,   noting  that  a  mission                                                               
statement was  proposed for CSD.   He  then offered a  slide with                                                               
quotations,  one  being  "CSD  is   simply  common  sense."    He                                                               
emphasized that CSD's history nationwide  is primarily of success                                                               
in accelerating the  design process and increasing  the degree of                                                               
satisfaction with projects once they are completed.                                                                             
                                                                                                                                
1:47:26 PM                                                                                                                    
                                                                                                                                
MR. McQUEARY,  in response to  Chair Huggins, explained  that the                                                               
[AMATS]  policy  board passed  a  resolution  and instructed  the                                                               
technical  advisory committee  to begin  implementation of  a CSS                                                               
process,   including  education   and  training   of  staff   and                                                               
developing a plan for imbedding it in all of its processes.                                                                     
                                                                                                                                
CHAIR HUGGINS asked about the timeline.                                                                                         
                                                                                                                                
MR. McQUEARY responded that they'll  have the first formal report                                                               
back at  the next meeting,  to his  understanding.  "I  would say                                                               
they're very  early on," he  added.   Pointing out a  tendency at                                                               
first to see  this as adding another function or  further cost or                                                               
work,  Mr. McQueary  said it  typically  takes awhile  for it  to                                                               
become institutionalized  and for  people to realize  it actually                                                               
saves them  time and, potentially,  saves money in the  long run.                                                               
He  indicated state  legislation is  the first  step before  full                                                               
benefits are seen.                                                                                                              
                                                                                                                                
1:49:47 PM                                                                                                                    
                                                                                                                                
MR. McQUEARY  offered a  slide showing one  of the  basic drivers                                                               
for the original  conference, what is known as  the rework cycle:                                                               
A project is conceived; it's taken  to near a final design stage;                                                               
and then  suddenly the  public or a  stakeholder group  finds out                                                               
about it and takes exception,  which leads to delays, redesign or                                                               
killing of the project.                                                                                                         
                                                                                                                                
He   stressed  the   importance   of  beginning   a  process   by                                                               
understanding the  goals, listening  to all the  stakeholders and                                                               
proactively   bringing   in   a   multidisciplinary   team   that                                                               
understands all  the impacts that  a road  or street can  have on                                                               
the surrounding  real estate, whether it's  residential, business                                                               
or wilderness.   He cited [the Anchorage Police  Department] as a                                                               
stakeholder group that is greatly affected by design decisions.                                                                 
                                                                                                                                
1:51:39 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS  asked whether  one trait of  CSD is  taking public                                                               
input as the initial part of the scoping process.                                                                               
                                                                                                                                
JEFF   OTTESEN,  Director,   Division  of   Program  Development,                                                               
Department of Transportation and  Public Facilities, responded in                                                               
the  affirmative.    He  added  that  scoping  is  part  of  that                                                               
listening   process;   trying   to  make   sure   all   necessary                                                               
stakeholders are known.   Even if the scoping  is done correctly,                                                               
however, the attention of all of them may not have been caught.                                                                 
                                                                                                                                
MR. McQUEARY,  in response to  Chair Huggins, reported  that this                                                               
has been  working successfully  in all  5 original  pilot states.                                                               
It has been adopted formally  as a comprehensive business process                                                               
by  14 states.   Virtually  all  states by  the end  of 2003  had                                                               
implemented some phase  of CSD.  California,  given the magnitude                                                               
of its  traffic problems, has  embraced it  and is well  along in                                                               
the process.   In  addition, Washington  State has  an aggressive                                                               
CSD program that has been helpful in addressing its problems.                                                                   
                                                                                                                                
1:54:25 PM                                                                                                                    
                                                                                                                                
MR.  McQUEARY  referred  to the  conference,  saying  seven  core                                                               
principles  were arrived  at,  as shown  on a  slide.   He  cited                                                               
problems at  the intersection of  Jewel Lake and  Strawberry Road                                                               
as  an  example  of  what   happens  when  a  principle  such  as                                                               
"satisfies a  purpose" isn't adhered  to.  There, the  new design                                                               
used  acceptable standards  from the  Green Book,  but it  didn't                                                             
help  and perhaps  exacerbated  the problem.    By contrast,  CSD                                                               
addresses the  difference between  functional safety  and nominal                                                               
safety - the  latter being looking in the book,  taking a written                                                               
standard and saying  that if it's built  accordingly, then nobody                                                               
can bring a lawsuit.                                                                                                            
                                                                                                                                
1:58:29 PM                                                                                                                    
                                                                                                                                
MR.   McQUEARY  addressed   another  principle,   "efficient  and                                                               
effective use of  resources."  He related details  of a situation                                                               
where  lives weren't  endangered and  there was  minimal property                                                               
damage  occurring,  and   yet  the  state  was   going  to  spend                                                               
$4 million to fix a curve.                                                                                                      
                                                                                                                                
2:02:02 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  asked  Mr.  McQueary  to  think  about  examining                                                               
highway safety corridors, and he mentioned a related bill.                                                                      
                                                                                                                                
2:04:01 PM                                                                                                                    
                                                                                                                                
MR. McQUEARY showed a slide  identifying eight characteristics of                                                               
CSD that  contribute to excellence  in highway design.   He cited                                                               
communication  with  the  full   range  of  stakeholders  as  one                                                               
necessity.   He also  noted one  typical engineering  solution to                                                               
line-of-sight  problems is  to increase  the line  of sight,  but                                                               
that generally just makes people drive faster.                                                                                  
                                                                                                                                
2:06:21 PM                                                                                                                    
                                                                                                                                
MR.  McQUEARY,  in  response  to  Chair  Huggins,  said  changing                                                               
institutional behavior has to be  a top-down process.  Right now,                                                               
people hand a lot of money  to engineers and expect them to solve                                                               
many problems.                                                                                                                  
                                                                                                                                
2:08:01 PM                                                                                                                    
                                                                                                                                
MR.  McQUEARY  discussed lane  construction,  noting  a study  of                                                               
metropolitan   areas   that   ironically  found,   despite   size                                                               
similarities, that  the five  cities which  spent the  most money                                                               
had worse traffic  congestion than those which spent  the least -                                                               
zero  dollars  - on  new  traffic  lanes.   Spending  more  money                                                               
doesn't necessarily  give better results.   Furthermore, what has                                                               
been done traditionally often isn't working.                                                                                    
                                                                                                                                
2:09:47 PM                                                                                                                    
                                                                                                                                
MR. McQUEARY  showed the next slide,  saying environmental review                                                               
is  not a  top  source of  project delay.    The primary  reasons                                                               
include  lack  of funding,  controversy  and  low priority.    He                                                               
discussed  speed-flow relationships  for roads,  and pointed  out                                                               
that the severity of injuries increases with speed.                                                                             
                                                                                                                                
2:13:18 PM                                                                                                                    
                                                                                                                                
MR.  McQUEARY  addressed  the next  slide,  a  traffic  schematic                                                               
showing various  volumes of  traffic.   He said  nobody evaluates                                                               
the successfulness  of safety projects.   The  difference between                                                               
safe neighborhoods  and unsafe  ones is the  speed of  traffic on                                                               
the streets.  He cited examples.                                                                                                
                                                                                                                                
2:17:10 PM                                                                                                                    
                                                                                                                                
MR.  McQUEARY  clarified  that  this   isn't  an  attack  on  the                                                               
engineering  profession.   Rather,  this is  a  program that  the                                                               
engineering profession  itself has come  up with.   It recognizes                                                               
the need for additional involvement,  and requires that designers                                                               
and  project  managers make  sure  everyone  understands all  the                                                               
ancillary issues before  they go to the design  process and spend                                                               
hundreds of thousands  or millions of dollars -  only to discover                                                               
there are problems because they had the wrong objective in mind.                                                                
                                                                                                                                
He concluded  by saying this is  a way, in the  top-down process,                                                               
to  actually  free up  the  engineering  profession to  use  best                                                               
practices  from elsewhere;  to use  the flexibility  that already                                                               
exists  in manuals  like the  Green Book;  to use  what's in  the                                                             
Flexibility  in Highway  Design  manual; and  to  deliver a  much                                                             
better  product,  with a  higher  degree  of satisfaction  and  a                                                               
better return on investment, to Alaska's communities.                                                                           
                                                                                                                                
2:19:04 PM                                                                                                                    
                                                                                                                                
SENATOR COWDERY  returned to  discussion of  delays.   He offered                                                               
his  experience  that, after  the  design  is  done, there  is  a                                                               
roadblock because  an owner  doesn't want  to sell  property, for                                                               
example,  and  thus  there  is   litigation.    He  gave  further                                                               
examples, saying it proves to be very expensive.                                                                                
                                                                                                                                
MR.  McQUEARY  replied  that  he'd   argue  that  it  proves  and                                                               
reinforces what he  is saying.  A private  citizen wouldn't spend                                                               
a million  dollars on  a design  for something  he or  she didn't                                                               
own,  and  would  have  investigated  the  ramifications  of  the                                                               
investment.   This  all has  to do  with the  pre-design process,                                                               
understanding  all  of  the  aspects.     That  doesn't  preclude                                                               
unforeseen issues,  but this process  gives a  major improvement,                                                               
overall, in  the numbers  of projects  completed and  the overall                                                               
satisfaction once they are completed.                                                                                           
                                                                                                                                
SENATOR THERRIAULT joined the meeting at 2:21:45 PM.                                                                          
                                                                                                                                
2:23:35 PM                                                                                                                    
                                                                                                                                
MR. OTTESEN  gave an example and  talked about a group  effort in                                                               
which  everyone gets  together with  a  facilitator and  resolves                                                               
issues.  He said transportation  is complex, no longer just about                                                               
moving cars.  If  the design is driven by any  one need or group,                                                               
it misses  the boat for  several other groups.   "So you  have to                                                               
find that art of compromise," he concluded.                                                                                     
                                                                                                                                
2:26:20 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS  cited examples  in  Alaska,  noting that  limited                                                               
access on a roadway adds safety.                                                                                                
                                                                                                                                
NANCY  REEDER, Lieutenant,  Anchorage Police  Department, calling                                                               
herself a  "road cop," related an  experience a few years  ago in                                                               
which  the  design  had  worked  well to  decrease  speeds  on  a                                                               
particular stretch  of road -  so well that a  motorcycle officer                                                               
who'd written  large numbers  of tickets  there moved  to another                                                               
location.   One  design element  was landscaping  containers, she                                                               
noted, which  provided motorists  with a  visual cue  that helped                                                               
them to monitor their speed.                                                                                                    
                                                                                                                                
She  pointed out  the irony  that a  flat, wide  roadway attracts                                                               
younger and more  aggressive drivers, those who  like flat, wide-                                                               
open spaces.   She sees  the end results, Lieutenant  Reeder told                                                               
members,  going  out at  3 a.m.  and  seeing the  tragedies  that                                                               
occur.   This is her 22nd  year of police  work.  She has  seen a                                                               
lot of  roadway-design issues in  Anchorage, and what  she called                                                               
reactionary  redevelopments  of  roadways when  there  have  been                                                               
fatalities, a knee-jerk reaction to try to fix something.                                                                       
                                                                                                                                
She  mentioned  the millions  of  dollars  spent  to try  to  get                                                               
traffic  to move  faster,  which only  causes  more problems  and                                                               
results  in fatalities.    The cost  of a  life  isn't worth  it,                                                               
Lieutenant Reeder emphasized.                                                                                                   
                                                                                                                                
2:35:29 PM                                                                                                                    
                                                                                                                                
SENATOR FRENCH asked  how the legislature would put  its stamp of                                                               
approval on this [CSD/CSS] idea.                                                                                                
                                                                                                                                
MR. McQUEARY  offered to work  with the  committee on a  bill for                                                               
possible passage this year.   He mentioned material he'd provided                                                               
to  the  committee  aide, including  proposed  model  legislation                                                               
developed by  the National Conference  of State  Legislatures, in                                                               
cooperation  with   Scenic  America;  a  copy   of  the  Illinois                                                               
statutory implementation  of CSD; and  a copy of  what Washington                                                               
State did  several years  ago through an  executive order  of the                                                               
governor.                                                                                                                       
                                                                                                                                
SENATOR  FRENCH said  he'd  take a  look at  the  materials.   He                                                               
suggested legislation should  have some teeth to  it, with fairly                                                               
tight mechanisms to ensure this  process is done correctly in the                                                               
first place.                                                                                                                    
                                                                                                                                
MR. McQUEARY  agreed.  He said  some legislation has been  at the                                                               
policy level, leaving  it up to the  transportation department to                                                               
implement it,  without any  reporting requirements  or measurable                                                               
goals.   On  the other  hand,  legislation can  have the  general                                                               
requirement and yet request a  regular progress report.  He noted                                                               
that  Washington  State   is  well  along  in   its  process,  as                                                               
documented on  the website, and  that California has  published a                                                               
great deal of "structural material" relating to its process.                                                                    
                                                                                                                                
2:38:54 PM                                                                                                                    
                                                                                                                                
SENATOR THERRIAULT inquired whether  there is a current statutory                                                               
bar  to [implementing  CSD/CSS]  or whether  the department  just                                                               
needs clear direction to do it.                                                                                                 
                                                                                                                                
MR.  McQUEARY explained  that these  are new  business processes.                                                               
Since  CSD  is   now  part  of  the  curriculum   at  most  major                                                               
transportation   and   traffic-management   schools,   eventually                                                               
there'll  be enough  young traffic  engineers who  are thoroughly                                                               
grounded  in  it.    The  cost  of  waiting,  however,  would  be                                                               
tremendous.   Many people don't want  to change.  It  will happen                                                               
if nothing is done, but it might  be 10 or 15 years, as new blood                                                               
and new  ideas are  rotated into an  organization.   He mentioned                                                               
funding  as  another possible  way  to  encourage this  behavior.                                                               
Reiterating that there are successful  models in other states, he                                                               
encouraged legislators to do something about it now.                                                                            
                                                                                                                                
2:41:09 PM                                                                                                                    
                                                                                                                                
MR.  OTTESEN pointed  out a  legal  argument for  having this  in                                                               
statute.      Currently,   there   are   strict   standards   for                                                               
transportation; roads are  designed to those, which  can stand up                                                               
to a court  test if there is  a tort claim.   Under CSD, however,                                                               
the standards are  modified to let other  interested parties have                                                               
a say.   An engineer would be  going out on a limb  if the design                                                               
were modified to  take into account other factors.   Without some                                                               
legal  backstop, engineers  might  resist the  change because  of                                                               
fear of  personal liability  if they  didn't follow  the rulebook                                                               
exactly.                                                                                                                        
                                                                                                                                
CHAIR  HUGGINS  suggested  the   desire  is  for  innovation  and                                                               
flexibility,  for instance,  rather than  a rigid  template.   He                                                               
asked whether  states have  used incentive  programs to  get this                                                               
result; he cited  the example of a bonus when  a project comes in                                                               
under cost or under the allotted time.                                                                                          
                                                                                                                                
2:43:18 PM                                                                                                                    
                                                                                                                                
MR.  McQUEARY  answered that  on  a  project-by-project basis  it                                                               
perhaps could  be done,  though he  didn't know  how it  would be                                                               
measured.   In further response,  he said in CSD  there certainly                                                               
is  a place  for  stressing economic  value.   Right  now in  the                                                               
process,  however, there  is  no incentive  to  even look  saving                                                               
money.  The thrust  of CSD is not to spend less  on roads, but to                                                               
get more value for the money spent.                                                                                             
                                                                                                                                
2:45:20 PM                                                                                                                    
                                                                                                                                
MR. McQUEARY reported  that the history elsewhere  in court cases                                                               
is this:   If there is a statutory basis  for implementation, and                                                               
if the  decision process is  well documented,  lawsuits generally                                                               
are  unsuccessful, both  under this  process and  the traditional                                                               
one.   He mentioned a  theorist in the Netherlands,  where speeds                                                               
were reduced  and most signs  removed; traffic flow  and capacity                                                               
improved, as well as safety.                                                                                                    
                                                                                                                                
He pointed out that when driving on  a wide road in the desert, a                                                               
person  feels  safe and  thus  tends  to go  quite  fast.   In  a                                                               
smaller, narrower  environment with a  lot of activity,  a driver                                                               
tends to pay a lot of attention  and slow down.  The human factor                                                               
is  part  of  it,  especially  in urban  design.    Mr.  McQueary                                                               
suggested it's another argument for  CSD, which requires that all                                                               
the other disciplines be considered.                                                                                            
                                                                                                                                
He cited  other examples, including  one where a  school district                                                               
should  have  been consulted.    He  informed members  that  some                                                               
project managers consistently  use as many of these  tools as are                                                               
available right  now.  It's not  that CSD isn't practiced  at all                                                               
within DOTPF  or even  the Municipality  of Anchorage.   However,                                                               
the problem  is consistency.   Everybody needs to be  using these                                                               
processes.   Mr. McQueary offered  to work with the  committee or                                                               
any of its members on legislation.                                                                                              
                                                                                                                                
CHAIR HUGGINS requested that he  coordinate through the committee                                                               
aide.  He thanked the presenters.                                                                                               
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair  Huggins   adjourned  the  House   Transportation  Standing                                                               
Committee meeting at 2:55:27 PM.                                                                                              

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