Legislature(2023 - 2024)BUTROVICH 205
03/14/2024 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB255 | |
| SB218 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 255 | TELECONFERENCED | |
| *+ | SB 218 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
March 14, 2024
1:31 p.m.
MEMBERS PRESENT
Senator James Kaufman, Chair
Senator David Wilson, Vice Chair
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
Senator Löki Tobin
COMMITTEE CALENDAR
SENATE BILL NO. 255
"An Act relating to the obstruction of airports and runways;
relating to the obstruction of highways; establishing the crime
of obstruction of free passage in public places; relating to the
obstruction of public places; relating to the crime of
trespassing; relating to the obstruction of navigable waters;
and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 218
"An Act relating to vehicle weight limits; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 255
SHORT TITLE: OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/21/24 (S) READ THE FIRST TIME - REFERRALS
02/21/24 (S) TRA, JUD
03/14/24 (S) TRA AT 1:30 PM BUTROVICH 205
BILL: SB 218
SHORT TITLE: VEHICLE WEIGHT LIMITS
SPONSOR(s): KAWASAKI BY REQUEST
02/07/24 (S) READ THE FIRST TIME - REFERRALS
02/07/24 (S) TRA, L&C
03/14/24 (S) TRA AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
CORI MILLS, Deputy Attorney General
Civil Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Presented SB 255 on behalf of the
administration.
PARKER PATTERSON, Legislative Liaison
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 255.
KACI SCHROEDER, Assistant Attorney General
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Answered questions on SB 255.
SENATOR SCOTT KAWASAKI, District P
Alaska State Legislature
Fairbanks, Alaska
POSITION STATEMENT: Sponsor for SB 218.
RILEY VON BORSTEL, Staff
Senator Scott Kawasaki
Alaska State Legislature
Fairbanks, Alaska
POSITION STATEMENT: Presented an overview of SB 218.
ANDREW (DREW)PAVEY, PAVING MANAGER
Department of Transportation and Public Facilities (DOTPF),
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 218.
BARBARA SCHUHMANN, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 218.
ROBERT MCHATTIE, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 218.
JOE MICHEL, Executive Director
Alaska Trucking Association
Anchorage, Alaska
POSITION STATEMENT: Testified with concerns on SB 218.
JOHN SLOAN, representing self
Delta Junction, Alaska
POSITION STATEMENT: Testified in support of SB 218.
BILL WARD, representing self
Delta Junction, Alaska
POSITION STATEMENT: Testified in support of SB 218.
PATRICE LEE, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 218.
LYNN CORNBERG, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 218.
JASMINE JEMEWOUK, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 218.
LOIS EPSTEIN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 218.
GABRIELE LARRY, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 218.
ACTION NARRATIVE
1:31:26 PM
CHAIR JAMES KAUFMAN called the Senate Transportation Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Myers, Wilson, and Chair Kaufman.
Senator Kiehl arrived thereafter.
SB 255-OBSTRUCTION OF PUBLIC PLACES; TRESPASSING
1:32:54 PM
CHAIR KAUFMAN announced the consideration of SENATE BILL NO.
255. An Act relating to the obstruction of airports and runways;
relating to the obstruction of highways; establishing the crime
of obstruction of free passage in public places; relating to the
obstruction of public places; relating to the crime of
trespassing; relating to the obstruction of navigable waters;
and providing for an effective date."
1:33:17 PM
CORI MILLS, Deputy Attorney General, Civil Division, Department
of Law (DOL), Juneau, Alaska, presented SB 255 on behalf of the
administration. Ms. Mills opened the presentation with slide 1
and called the committees attention to news reports of
obstructions to public places through intentional choice:
• A recent gathering blocked all 3 lower Manhattan bridges,
impacting tens of thousands of people crossing, by car, by
bike and by foot.
• A man in South Carolina blocked the entry to a health care
facility.
• Individuals blocked an interstate in Virginia.
She quoted the Governor of Virginia: "It is unacceptable to
block interstates, endanger the lives of Virginians and cause
mayhem on our roads." She said this was the impetus for SB 255.
MS. MILLS moved to slide 2 of the presentation and said SB 255
seeks to balance two constitutional rights: the right to freedom
of movement free access to public spaces and the right to
peaceably and lawfully assemble. She stated that SB 255 does not
impact people's freedom of assembly or freedom of speech. It
does seek to prevent people from unlawfully obstructing access
for others while also providing opportunities for peaceful
assembly. She said SB 255 has no viewpoint discrimination, she
said it is a time, place and manner restriction and complies
with the constitution.
[Original punctuation provided.]
SB 255 Overview
Alaskans have a constitutional right to freedom of
movement within the state and to have free access to
public places.
Alaskans also have a constitutional right to peaceably
and lawfully assemble.
SB 255 is an Act to protect Alaskans' constitutional
rights.
1:36:21 PM
MS. MILLS moved to slide 3. She emphasized the potential public
safety, supply chain and economic system impacts of obstructing
access. She opined that free speech can be exercised in the
proper place without blocking public access. SB 255 would ensure
that Alaskan citizens whose lives are significantly impacted by
[an incident of] obstructed access are provided the opportunity
to take action through criminal penalties and by creating a new
civil course of action for private citizens. She clarified that
a "public place" is already defined under AS.11.81.900 and she
read the definition to the committee.
[Original punctuation provided.]
Freedom of Movement
• Alaskans' right to freely move within the state is
violated when their access to public places and
facilities are unlawfully obstructed
• Unlawful obstruction presents a threat to public
safety - emergency vehicles are unable to respond
when a crucial roadway is obstructed
• Unlawful obstruction poses a threat to Alaska's
economy - businesses cannot operate normally;
Alaskans may be unable to get to work
• HB 386 imposes additional criminal penalties for
obstruction of public places and creates a civil
cause of action for a private citizen whose access
is unlawfully obstructed
• Penalties imposed by the bill discourage and deter
unlawful obstruction of public places
1:38:49 PM
SENATOR WILSON asked how prisons are "public".
1:38:58 PM
MS. MILLS replied that it is in the definition. She stated her
belief that [the definition] refers to access to visitors to the
facilities, not access to the cells.
1:39:41 PM
MS. MILLS moved to slide 4 and reiterated that it is not the
intent of SB 255 to restrict freedom of expression. She proposed
that there are many opportunities and venues for groups and
individuals to gather and freely express their views. She said
SB 255 seeks to prevent obstruction of public spaces.
[Original punctuation provided.]
Freedom of Assembly
• Conduct that includes rendering highways,
roadways inaccessible or impassable is already
illegal.
• Freedom of expression is already subject to time,
place, and manner restrictions to prevent
interference with the rights of others.
• Proposed bill targets the conduct of blocking
access to public places not Alaskans' right to
peaceably and lawfully assemble.
• Provides Alaskans an avenue to remedy against
unlawful obstruction.
1:40:22 PM
MS. MILLS moved to slide 5. She deferred to Parker Patterson for
the presentation of the sectional analysis.
1:40:38 PM
PARKER PATTERSON, Assistant Attorney General, Department of Law
(DOL), Juneau, Alaska, moved to Slides 6 - 8 and presented the
sectional analysis for SB 255.
[Original punctuation provided.]
Sectional
Section 1
• Amends existing obstruction of airports statute
to prohibit general obstruction of runways
Section 2
• Adds new penalties to the crime of obstruction of
airports and classifies specific conduct as class
C felony or class A misdemeanor
Section 3
• Accounts for amendments in section 2 with a
conforming change
Section 4
• Establishes strict liability in a civil case for
violations of any criminal statutes created or
amended by the bill and sets out provisions for
civil cause of action
Section 5
• Amends the crime of criminal trespass in the
first degree to class C felony if the conduct
creates a substantial risk of physical injury or
interferes with an emergency response
Section 6
• Amends the crime of criminal trespass in the
second degree to class A misdemeanor if the
conduct creates a substantial risk of physical
injury or interferes with an emergency response
Section 7
• Accounts for amendments in section 8 with a
conforming change
Section 8
• Makes obstructing a highway by dropping a
substance on the highway a class C felony if it
creates a substantial risk of physical injury or
interferes with an emergency response
• Other highway obstruction class A misdemeanor
Section 9
• Creates crime of obstruction of free passage in
public places, a class A misdemeanor if conduct
creates a substantial risk of physical injury or
interferes with an emergency response
• Permitted conduct exempt
Section 10
• Amends the crime of obstruction to navigable
waters to a class A misdemeanor if the conduct
creates a substantial risk of injury or
interferes with an emergency response
• Other obstructions class B misdemeanor
Section 11
• Provides prospective application of criminal
offenses amended in the bill
Section 12
• Provides for a July 1, 2024 effective date
1:44:17 PM
SENATOR WILSON said Big Lake has a regular Fourth of July
gathering that is generally peaceable and wouldn't be subject to
municipal permitting. He described an incident that required
emergency services during the event and asked whether SB 255
would apply to [an obstruction during] that gathering,
considering that the conditions of the incident appear to be
described in the bill.
1:45:00 PM
MS. MILLS said there were two areas of discretion to consider
for legal action to proceed:
• Prosecutorial discretion would apply to whether
participants knowingly obstructed.
• Law Enforcement discretion: considers how law
enforcement would deal with the situation.
MS. MILLS proposed that this is a good example of circumstances
which would benefit from a law like SB 255: to give law
enforcement tools to deal with a situation in which fire safety
or public safety is at risk.
1:46:11 PM
SENATOR WILSON asked about events for which it is known that an
obstruction will occur and isn't practically avoidable, and for
which there isn't provision for a permitting process. He
wondered how SB 255 would be applied and how it would be
communicated to people. He also expressed concern that
discretion is not always applied equitably to all within the
state.
1:47:25 PM
MS. MILLS said he makes good policy points for consideration.
She noted that many components in SB 255 are already unlawful.
SB 255 provides specific tools and increased penalties to deter
undesirable behavior. She maintained that in the absence of a
municipal authority, Department of Natural Resources or
Department of Transportation should be consulted.
1:48:04 PM
SENATOR WILSON described a hypothetical peaceful, civil protest
in a rural area, Delta Junction, for example and wondered how
that would be handled. He expressed concern that enforcement
might keep people from having the opportunity to peacefully
protest.
MS. MILLS noted the "knowingly" component.
1:48:50 PM
SENATOR WILSON maintained that if there is a parade or a march,
organizers knowingly know a road is going to be blocked. He
asserted that is the premise. He asserted that if the intent is
to cause a disruption to gain more media and press attention,
that is something different. He said, with any type of
demonstration, it is knowingly known that someone will be
inconvenienced.
1:49:19 PM
MS. MILLS replied with a definition of "knowingly" from AS
11.81.900. She read the definition to the committee and said she
would defer to the Department of Public Safety as to how they
would respond to a complaint. She said if the situation fits the
elements [of the definitions] and, in her opinion, the elements
do exist [in the described hypothetical], there is commitment of
a crime. What happens thereafter is up to discretion. She
emphasized the important role discretion plays in carrying out
the law.
1:50:07 PM
SENATOR MYERS referred to a protest that blocked the Nenana-
Totchaket bridge. He asked how SB 255 would apply to that
protest.
1:50:35 PM
MS. MILLS replied with her assumption that the bridge was
already a highway, and so the protest was unlawful under
existing law. She said SB 255 would provide for an upgrade to
the penalties, depending on different elements. She referenced
the Class A, B and C felony parameters and explained that SB 255
allowed for greater penalties, especially in the case of
physical harm or interference of emergency services. She said
the underlying conduct was already unlawful.
1:51:39 PM
SENATOR MYERS referred to truck protests in Canada where roads
were blocked and asked if SB 255 would apply to a similar
protest in Alaska.
1:52:15 PM
MS. MILLS replied yes.
1:52:23 PM
SENATOR WILSON asked whether SB 255 is intended to be a
deterrent to stop activities. He referenced the percentage of
misdemeanors that are cited and dismissed due to staffing
shortage issues. He wondered if SB 255 would act primarily as a
warning.
1:53:27 PM
MS. MILLS replied that the intent is deterrence. Other places
have this happening regularly, especially when organized groups
are encouraging unlawful behavior. By increasing penalties, the
public can see how serious the issue is and that the
administration is concerned with public safety and freedom of
movement. She then noted the civil aspects of SB 255. She said
that even if law enforcement does not pursue criminal
prosecution, individuals who may have been impacted would have
the right to be compensated for any harm they experienced. She
concluded SB 255 is intended to deter negative impacts to access
and public safety, especially in the event of blocked emergency
vehicles, in which case law enforcement could come in and arrest
individuals, clearing the issue immediately.
1:55:06 PM
SENATOR MYERS asked for an explanation of the difference between
first class and second class criminal trespass.
1:55:20 PM
MS. MILLS invited Ms. Schroeder to respond.
1:55:48 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), Anchorage, Alaska, answered that
criminal trespass in the first degree is when a person enters or
remains unlawfully on land with intent to commit a crime on the
land or in a dwelling. Criminal trespass in the first degree,
under current law is a Class A misdemeanor. She said criminal
trespass in the second degree is when a person enters or remains
unlawfully in or upon a premises or in a propelled vehicle and,
under current law, a criminal trespass in the second degree is a
Class B misdemeanor, punishable by up to 90 days.
1:56:21 PM
SENATOR MYERS asked for clarification on the difference between
premises and property.
1:56:33 PM
MS. SCHROEDER further clarified criminal trespass in the second
degree is a lower offence and is the broader and more general
offence. Criminal trespass in the first degree describes
trespass in a dwelling or land and is more egregious conduct,
thus elevated to Class A misdemeanor.
1:57:18 PM
CHAIR KAUFMAN announced invited testimony on SB 255
1:58:04 PM
At ease.
1:58:45 PM
CHAIR KAUFMAN reconvened the meeting.
1:59:04 PM
MS. MILLS moved to slide 9 and said it is important to send a
strong message that the administration respects people's freedom
of movement as well as the need to keep the economy moving and
to keep public safety personnel free to respond to situations.
1:59:28 PM
CHAIR KAUFMAN held SB 255 in committee.
1:59:41 PM
At ease.
SB 218-VEHICLE WEIGHT LIMITS
2:00:51 PM
CHAIR KAUFMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 218 "An Act relating to vehicle
weight limits; and providing for an effective date." He invited
SENATOR KAWASAKI and staff to introduce themselves and present
SB 218.
2:01:17 PM
SENATOR SCOTT KAWASAKI, District P, Alaska State Legislature,
Fairbanks, Alaska, sponsor for SB 218 introduced himself.
2:01:34 PM
RILEY VON BORSTEL, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Fairbanks, Alaska introduced herself.
2:01:42 PM
SENATOR KAWASAKI paraphrased the sponsor statement for SB 218.
He said SB 218 would establish a permitting process for heavy
vehicles weighing more than 140,000 pounds. Alaska remains the
only state that does not have a maximum weight limit per truck
on state and federal highways. The 140,000 pound limit was
determined based on limits in other states and in Canada. The
main reason for the bill is that highways in Alaska always need
maintenance. He said vehicles that cause more wear and tear on
the highway should pay more toward maintenance than the average
passenger car.
[Original punctuation provided.]
SB 218
Sponsor Statement
"An Act relating to vehicle weight limits; and
providing for an effective date."
Senate Bill No. 218 establishes a weight limit of
140,000 pounds for vehicles or groups of vehicles on
the highway without a permit. To obtain a permit for a
vehicle to exceed this weight, the requestor must pay
a fee issued by the Alaska State Department of
Transportation. The purpose of these fees would be to
offset the costs of routine road and bridge
maintenance, as well as administrative costs to issue
permits.
2:03:17 PM
SENATOR KAWASAKI continued to paraphrase the sponsor statement
for SB 218 and pointed out that there are trucks in Alaska,
carrying fuel, and general merchandise that weigh over 140
thousand pounds. He said he hopes to work with the committee and
the testimony from industry to arrive at reasonable weight
limits for the bill. He reiterated that SB 218 was introduced in
response to a small budget. He mentioned potholes and
challenging snow removal conditions that have impacted
transportation. He noted that there has not been a new highway
constructed in Alaska in decades. He said the vehicles that
cause more damage to the road should pay more toward the cost of
maintenance and repair of the road.
[Original punctuation provided.]
According to Alaska Policy Forum, Alaska currently has
the second to worst highways in the United States,
only outranking the State of New Jersey. Cost of
materials and labor, extreme geography and
unpredictable weather conditions make Alaska's
highways the most expensive in the country to
maintain; the State pays approximately $129,620 per
vehicle mile traveled (VMT)twenty five percent more
than the runner up, West Virginia. The average VMT
expenditure for the United States is $28,289roughly
22% of Alaska's VMT expenditure.
Most states rely heavily on gasoline and license
taxes, tolls and user fees to maintain their highways,
with Hawaii being ranked #1 at 71.0-73.4% of these
funds allocated to maintaining their roads. Alaska,
however, is ranked #50 at 5.7-12.7% of these funds
covering highway maintenance expenses. Our state
relies primarily on federal funding from the Federal
Highway Administration (FHWA) and the Federal Transit
Administration (FTA), in addition to funding
implemented into the State's budget by the Governor
and passed by the legislature each year. This funding
is a finite resource and is stretched thin as it is.
In addition to having roads that are expensive and
difficult to maintain, Alaska's highways are infamous
for how dangerous they are. The Seward Highway is
infamous for its narrow and winding roads and the
plethora of car accidents that occur as a result. The
Dalton Highway is known as "the loneliest road in
America" due to the lack of stops and services along
the 414-mile road. The Richardson Highway's lack of
exposure to sunlight in the winter months makes for a
treacherous journey. For these reasons alone, we need
to take the necessary steps to make our highways safer
and more cost-efficient to maintain. We ask for your
support of Senate Bill 218.
2:04:39 PM
RILEY VON BORSTEL, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, presented an overview of SB 218.
She moved to slide 2:
[Original punctuation provided.]
THE ISSUE: AN OVERVIEW
• Alaska has the second worst roads in the
countryonly preceding New Jersey
• Alaska's roads are incredibly expensive to
maintain
• Heavy vehicles cause exponentially more
damage to roads and bridges than standard
vehicles
• Heavy vehicles are harder to control on the
roads
• Heavier vehicles burn more fuel, which can
be harmful to our environment
2:05:39 PM
SENATOR MYERS asked which would ultimately burn more fuel,
larger vehicles that haul more freight or smaller vehicles which
require more trips for the same amount of freight.
2:05:55 PM
SENATOR KAWASAKI replied that it would depend on miles per
gallon a particular vehicle takes.
2:06:29 PM
MS. VON BORSTEL moved to slide 3 and paraphrased points from the
presentation:
[Original punctuation provided.]
THE WHY BEHIND SB 218
If passed, SB 218 would establish a process that would
require vehicles heavier than 140,000 lbs. to purchase
a special permit to allow them on the roads.
The income from these permits would be used for road
maintenance to make up for damages caused by larger
vehicles.
2:06:59 PM
MS. VON BORSTEL moved to slide 4 and continued to paraphrase
points from the slide:
[Original punctuation provided.]
ALASKA'S ROADS: SECOND TO WORST IN THE U.S.
• How do you gauge the quality of roads?
• Alaska's roads are in poor condition and
expensive to maintain
• Permafrost
• Combined data from bridge quality, fatalities,
vehicle spending per mile, and bridge quality
• Data collected from the Reason Foundation's 25th
Annual Highway Report via the Alaska Policy Forum
2:07:27 PM
MS. VON BORSTEL moved to slide 5.
[Original punctuation provided.]
THE COST OF MAINTAINING ALASKA'S ROADS
• High costs of materials and labor combined with
unique obstacles make Alaska's highways the most
expensive in the U.S. to maintain
• $129,620 per VMT (Vehicle Mile Traveled)
• Runner up is West Virginia, which pays
$28,289only approximately 22% of Alaska's
VMT expenditure
• Sources of funding
• Most states rely on tolls and taxesAlaska
primarily relies on federal and state
funding
• Alaska's 8 cent per gallon fuel taxthe
lowest in the U.S.
• Over 50 years since last increase to fuel
tax
• Implementing permits for vehicles >140,000
lbs. can help collect revenue and allow
everyone to share the road
2:08:23 PM
SENATOR MYERS acknowledged that other states have vehicle weight
limits. He asked whether other states use a gross vehicle weight
permit to fund maintenance, and if so, do they generate enough
revenue to make a meaningful contribution to maintenance costs.
2:08:40 PM
SENATOR KAWASAKI replied he would need to further research
specifics. He ventured that there are different combinations of
revenue sources, including tolls, permits and other resources
for the roads, in other states and provinces.
2:09:22 PM
MS. VON BORSTEL moved to slide 6. She said there is proof that
heavier vehicles cause greater damage to highways than standard
vehicles and she explained how the equation is applied to
predict the amount of pavement damage a given vehicle will
cause.
[Original punctuation provided.]
IMPACTS OF HEAVIER VEHICLES ON OUR ROADS & BRIDGES
• Ongoing Infrastructure crisis going on in the
U.S. Why not preserve what we already have?
• The Generalized Fourth Power Law a rule of
thumb for comparing the amount of pavement
damage caused by vehicles of different weights,
in terms of axle loads:
[The slide includes a mathematical equation]
2:10:46 PM
MS. VON BORSTEL moved to slide 7. She said USDOT found that
double-trailer trucks take 22 feet longer to stop than twin
trailer trucks and that multi-trailer trucks have an 11% higher
chance of being involved in fatal crashes than single trailer
combinations.
[Original punctuation provided.]
SAFETY CONCERNS
• Alaska's roads are some of the most
dangerous roads in the U.S. due to
unpredictable and extreme weather
• Heavier trucks are harder to control,
especially on icy roads
• More weight means more wear and tear on the
vehicles themselves, making them more likely
to crash
• Heavier trucks are more likely to roll and
be involved in more severe crashes
[Slide includes a photo from a collision between a
sedan and a semitruck.]
Aftermath of a fatal collision between a sedan and
semitruck on Airport Way, Fairbanks. Photo from the
Fairbanks Daily News Miner
2:11:32 PM
SENATOR MYERS noted Washington, Idaho, Michigan are mentioned as
having higher crash rates for trucks that weigh 91,000 pounds
and 97,000 pounds. He wondered why the weight limit for SB 218
is 140,000 pounds.
2:12:02 PM
SENATOR KAWASAKI replied that weights and measurements were
somewhat arbitrary and are a starting point for developing the
bill. He said the tractors that will be used for a particular
job in Fairbanks have a different type of braking system that
will need future discussion.
2:13:05 PM
MS. VON BORSTEL moved to slide 8.
[Original punctuation provided.]
ENVIRONMENTAL CONCERNS
• Interior Alaska faces preexisting issues with air
quality
• Non-compliant with EPA standards
• Impact of diesel burning vehicles carrying
heavier loads
2:13:26 PM
MS. VON BORSTEL moved to slide 9:
NATIONAL ORGANIZATIONS IN OPPOSITION TO TRUCK SIZE AND
WEIGHT INCREASES
According to the Coalition Against Bigger Trucks
(CABT), the following are against bigger/heavier
trucks:
• Coalition Against Bigger Trucks (CABT)
• International Association of Chiefs of Police
• National Association of Police Organizations
• National Sheriffs' Association
• National Troopers Coalition
• National Association of Emergency Medical
Technicians
• Towing and Recovery Association of America
• Institute for Safer Trucking
• AAA
• GoRail
• National Railroad Construction and Maintenance
Assn.
• Railway Engineering-Maintenance Suppliers Assn.
• Railway Supply Institute 9
• American Public Works Association
• National Association of Counties
• National Association of County Engineers
• National Association of Towns and Townships
• National League of Cities
• The United States Conference of Mayors
• General Federation of Women's Clubs
• Owner-Operator Independent Drivers Association
International Brotherhood of Teamsters
• SMART Transportation Division
• American Short Line and Regional Railroad
Association of American Railroads
2:13:46 PM
CHAIR KAUFMAN asked whether there are ways other than limiting
the number of trucks to improve air quality. He acknowledged
that the action of SB 218 is not relative to air quality and the
mechanism seems indirect at best.
2:14:13 PM
SENATOR KAWASAKI replied that this was discussed with the recent
trucking association that visited Juneau. One of the by-products
of limiting the weight of trucks would mean that there would be
more trucks that travel on the road. That was considered in the
development of the bill.
2:14:38 PM
SENATOR MYERS asked if any of the organizations listed as
opposing truck size and weight increases, in particular Owner-
Operator Independent Drivers Association (OOIDA) and the
International Brotherhood of Teamsters, had been contacted
specifically about SB 218 or supplied letters of support.
2:15:05 PM
SENATOR KAWASAKI replied that he spoke with the Teamsters but no
opinion was expressed. He noted that, in the event truck weights
are limited and more trucks are needed, they would also need
more labor. He opined that an organization representing truck
drivers would approve. He said he is not aware of having
received expressions of support from any of the listed
organizations.
2:16:02 PM
SENATOR MYERS noted several rail associations listed and asked
whether Alaska Railroad Corporation (ARRC) supports SB 218. He
suggested that reducing truck size could divert business from
trucks to rail.
2:16:19 PM
SENATOR KAWASAKI replied he has not consulted with ARRC or the
Board of Directors. He noted that there would always be
competition for the business of moving things, whether by air or
rail or truck. He said there might be opposition simply because
of that.
2:16:49 PM
SENATOR MYERS proposed they might support it because it might
lead to more business for them.
2:17:02 PM
CHAIR KAUFMAN said multi-modal nature of transportation may be
additive or subtractive depending on the ultimate destination of
the freight.
2:17:16 PM
SENATOR WILSON noted that there are currently weight
restrictions on some STATE roads. He wondered what those weight
restrictions are and how they would play into this bill.
2:17:46 PM
SENATOR KAWASAKI said the director in charge of weights and
measures is in attendance and could likely answer this question.
2:18:26 PM
SENATOR MYERS asked if seasonal changes to weight restrictions
will affect the proposed 140,000 pound limit.
2:18:55 PM
SENATOR KAWASAKI replied he anticipates DOTPF would apply
restrictions as they do now. He suggested DOT or a truckers
association may offer a reply.
2:19:32 PM
SENATOR MYERS noted in the fiscal note from Department of
Transportation and Public Facilities (DOTPF), OMB Component
Number 2332, dated March 9, 2024, DOTPF estimates there are
6,000 trucks over 140,000 pounds operating in Alaska. He asked
how many more trucks would be put on the road if limits are
established.
2:19:51 PM
SENATOR KAWASAKI replied DOT could better answer [about the
predicted increase in number of trucks] and clarified that SB
218 does not establish a weight restriction or limit. The bill
seeks to establish a permit requirement for trucks exceeding a
certain weight. He compared the impact of a mini-van on the
highway to that of a large truck and explained that permits
would be part of a system that distributes the costs to build
and maintain highways in a way that reflects the variability of
wear and tear by different vehicles. He acknowledged businesses
may react to [a permit system] in various ways and he expected
public testimony and invited testimony on the bill.
2:21:00 PM
SENATOR MYERS referenced a federal study which found that trucks
at 97,000 pounds only pay for approximately half the damage they
cause to roads. He asked why the bill starts at 140,000 pounds
if the goal of SB 218 is to recoup the costs.
2:21:34 PM
SENATOR KAWASAKI replied the goal of SB 218 is to recoup the
costs without depressing the economy of the State of Alaska or
to adversely impact the public's ability to receive natural gas,
in Fairbanks [for example], because the cost of the permit was
so high that it caused that to happen. He said goods that are
shipped in Alaska, like food or clothing or building materials,
are heavy and it is not reasonable to accept that a permit
system will require fees that will pay for 100 percent of the
damage. He stated that every person should pay a little bit so
not one group is singled out to pay all of it.
2:22:33 PM
SENATOR MYERS noted that the increase in costs of business
[resulting from the cost of a weight permit] could be passed
along to the consumer. He suggested that SB 218 might raise
electric rates in Tok as a result of fuel deliveries, because
more trucks are required due to the weight limit or because the
[fuel or trucking] business incurs the added cost of the weight
permit. He asked how SB 218 would affect electric rates in Tok.
2:22:58 PM
SENATOR KAWASAKI replied that discussions were held with DOTPF
to consider exempting certain vehicles from a weight permit. He
gave the example of natural gas in Cook Inlet, which is
subsidized and not taxed because it is used to heat homes.
Trucks that ship fuel for heat would not need the permit
required under SB 218. He said an exemption could apply for any
commodity, like food, based on how essential it is.
2:24:33 PM
MS. VON BORSTEL briefly moved to slide 10.
2:25:05 PM
MS. VON BORSTEL provided the sectional analysis for SB 218:
[Original punctuation provided.]
Senate Bill 218 Vehicle Weight Limits
Sectional Summary
Section 1
Amends AS 19.10.065 by adding a new subsection (d)
that sets a gross weight limit of 140,000 pounds
without a permit in accordance with this section, and
subsection (e), which provides that the Alaska State
Department of Transportation shall charge a fee for a
permit to exceed said weight.
Section 2
Amends AS 19.10.065 subsection (a), which excludes
implements of husbandry from restrictions under AS
19.10.060 or the weight limit provided by Section 1
unless the implement is another vehicle. Under the
discretion of the Department of Transportation,
implements of husbandry may be operated on state
highways without a permit.
Section 3
Amends AS 45.75.131 subsection (a) to provide that a
peace officer or employee of the Department of
Transportation and Public Facilities with the
permission of the Commissioner of Transportation may
issue a citation to those who: o violate (1) a weight,
size or load limitation adopted by DOT under AS
19.10.060 o violate the terms of an overweight vehicle
permit o violates regulations under AS 19.10.060(b) or
(c), AS 28.05.011(a)(2), or AS 45.75.050(b)(5) or
violate the weight limit in AS 19.10.060(d) or commit
a violation under AS 45.75.380
Section 4
Provides an effective date of June 30, 2024 for
changes proposed in this legislation.
2:28:26 PM
SENATOR MYERS asked if construction or maintenance costs would
be higher if SB 218 passed, as passage would result in the
delivery of DOTPF supplies to be subject to weight permits.
2:29:02 PM
ANDREW (DREW) PAVEY, Paving Manager, Design and Engineering
Services, Department of Transportation and Public Facilities
(DOTPF), Anchorage, Alaska replied that the detail of the
question would require significant analysis to be able to
provide an answer.
2:29:41 PM
At ease
2:29:57 PM
CHAIR KAUFMAN reconvened the meeting and announced invited
testimony on SB 218.
2:30:18 PM
BARBARA SCHUHMANN, representing self, Fairbanks, Alaska,
testified in support of SB 218. She thanked Senator Kawasaki for
bringing forth this bill to begin to address problems with heavy
trucks and Alaska's lack of regulations of them. She said SB 218
sets a 140,000 pound gross vehicle weight limit and would
require a permit for anything above that weight. She said Alaska
should regulate and place conditions on the use of its pavement,
bridges, infrastructure and consider public safety. Alaska is
the only state in the nation without a gross vehicle weight
limit. She said the federal limit is 80 thousand pounds and the
limits in other states vary between 80,000 and 100,000 pounds,
though Michigan's limit is even higher than 140,000 pounds. She
said Alaska should consider container weight limits at the ports
and review weight limits in Canada and Washington where freight
is often sourced. She noted that some states review the
commodity itself and establish specific weight limits for
commodities or for specific routes. She knows of one DOT
regulation that exempts its own trucks. She stated that her
primary concern is public safety. She noted that heavy trucks
are dangerous for smaller vehicles and that, in a crash, the
smaller vehicle tends to be more impacted. She expressed
concerns in response to a family tragedy from a commercial truck
crash in which three family members died. She believes Alaska
should take a long-range look at public safety. She requested
that the committee consider a long-range plan for industrial
transportation. She drew a distinction between industrial and
commercial transportation. Generally, she said, loads should be
broken down into smaller and/or less heavy units. She questioned
the state's role in industrial transportation and said
industrial transportation is incompatible with the current use
of the road. There are over 100 school bus stops between
Fairbanks and Tok. She opined that [industrial transportation
use] is not compatible with a road where children are waiting
roadside and being picked up and dropped off. She concluded by
noting an estimate by DOTPF that the annual increase in
maintenance required by one industrial ore haul would cost the
state over $7,640,000 annually; and an initial $3 million
investment for equipment. Increased industrial use of highways
will result in greater costs and the state does not have the
money to pay for it.
2:37:08 PM
ROBERT MCHATTIE, representing self, Fairbanks, Alaska, testified
in support of SB 218. He said he is a civil engineer, and he
worked 23 years as a consultant after working 27 years for DOT.
He noted the weight limit for trucks on many federal highways is
80,000 pounds and there are 164,000 pound trucks that are used
in the Interior of Alaska. He explained the physics behind the
dangerous impact of large trucks in accidents. He also
emphasized that larger trucks disproportionately wear down
pavement and bridges. He said pavements are designed for trucks.
He used a mathematical expression to demonstrate that the large
trucks on Alaska's highways are using 60 percent of the assigned
pavement design allotment, but are not paying for that use. He
explained the 164,000 pound trucks are running on a route that
was designed for lighter trucks. He opined that the heavier
trucks have damaged the pavement and the bridges on that route
and are the cause for the failures that necessitate the emphasis
on those repairs in the current Statewide Transportation
Improvement Plan (STIP).
2:39:21 PM
SENATOR KIEHL joined the meeting.
2:42:01 PM
JOE MICHEL, Executive Director, Alaska Trucking Association,
Anchorage, Alaska, testified with concerns on SB 218. He noted
SB 218, Section 1, Part e, which he characterized as imposing a
per mile vehicle tax on one particular user group. He referred
to the fiscal note from Department of Transportation and Public
Facilities (DOTPF), OMB Component Number 2332, dated March 9,
2024 which estimated 7500 individual loads. He said per mile
vehicle taxes have been tried in other states and he said there
is data to show what they entail. He said, when collecting a
tax, the increased points of contact with the end user increase
the cost of administration. He said the state, through its
agents, would be taking on the administrative task of weighing
every truck at the scales, sending out bills, collecting
payments, handling delinquencies, stopping trucks that records
indicate billings aren't up to date, and that is just for the
honest actors that are stopping at the scales. He said there are
many trucks that travel around in a given area and never see a
scale. He said there are about 14 scales around the state now;
they're all on the road system, but this bill would apply to all
of Alaska, every community. He offered as an example of a tax
without many points of contact, the motor fuel tax. He explained
that taxes would be collected at the wholesale point of contact,
with only a few buyers. It's already established and being
collected and takes into account all the users on the road. In
addition, commercial trucks use more fuel than conventional cars
and trucks, so the industry would be paying a disproportionate
cost to operate their commercial vehicles. He said SB 218 allows
the legislature to abdicate its responsibility of taxing
Alaskans and Alaskan companies to unelected agents of the state.
He said it was not his intent to impugn the commissioner or
professional road engineers or regional maintenance chiefs that
may be charged with monitoring costs. He said DOT isn't the
Department of Revenue or the tax division; those agencies get
their marching orders from state law so, therefore, the
legislature. He said DOTPF can make recommendations to the best
of their abilities, factoring in weather, road design, and
underlying road conditions, and ground conditions. But DOTPF
should not be the final arbitrator of administering a tax on a
single group of users. He said DOTPF keeps our roads and
airports operational and so much more, including commercial
motor vehicle enforcement, to make sure our vehicles are
operating safely on Alaskan roads. He concluded that elected
officials, through the state law, should decide on the level of
extraction of monies for Alaskans and Alaskan companies.
2:44:52 PM
SENATOR MYERS asked if SB 218 goes far enough, specifically,
whether the weight limit should be changed from 140,000 pounds
to 80,000 pounds.
2:45:16 PM
MS. SCHUMANN replied she believes 140,000 pounds is high
compared to other states and compared to the amount of damage.
She said she would favor a lower weight.
2:45:39 PM
MR. MCHATTIE said 80,000 pounds is plenty for the federal
highways and would probably work for Alaska, but he expressed
doubt that the trucking industry would stand for it.
2:46:03 PM
CHAIR KAUFMAN opened public testimony on SB 218.
2:46:56 PM
JOHN SLOAN, representing self, Delta Junction, Alaska, testified
in support of SB 218, with the exception of Section 1, Part (e).
He expressed doubt that the weight permits proposed by the bill
would pay for the road damage and the bridge damage that results
from all the heavy trucks. He suggested a fact check on the
6000, 140,000 pound trucks per year estimate. He doubted there
were that many, considering the weight of the containers coming
into Anchorage and other parts of the state.
2:48:29 PM
BILL WARD, representing self, Delta Junction, Alaska, testified
in support of SB 218, with the exception of Section 1, Part (e).
He proposed simply setting the limit at 140,000 pounds,
primarily for safety and for the damage to the infrastructure.
He said heavy trucks are exponentially more unsafe and do more
damage. He pointed out that it is possible to manipulate the
Alaska bridge law and by adding extra axles, allow a 200,000
pound truck to legally cross a bridge. He stated that there has
to be some common sense limits.
MR. WARD offered anecdotal evidence for environmental concerns;
he said his current truck gets six to eight miles of diesel fuel
per gallon. He was informed that trucks weighing close to
165,000 pounds use one mile per gallon. He stated that [the
industry] must operate within the design limit of these engines
for environmental purposes, too.
2:50:54 PM
PATRICE LEE, representing self, Fairbanks, Alaska, testified in
support of SB 218. She said many in the Interior and elsewhere
have expressed concerns about significantly increased trucking,
especially on the Alaska Richardson and Steese Highways. She
said, with plans for future mining, industry and commerce, our
roads will become more congested, so we need to have a bill that
sets safe limits on highway bridge and highway loads. She urged
a distinction between commercial loads and industrial loads. She
said commerce includes moving anything that people buy, use,
consume, etc. and industrial use means loads moving only for the
purpose of heavy industry or extraction. She said the general
public doesn't benefit from what is in an [industrial] load. She
advocated for enforced fair adherence to existing policies,
permitting, regulations and statutes and creating new policies,
permitting, regulations and statutes to protect the traveling
public and commercial trucking. To answer the earlier question
about air quality, she said that, to accommodate more truck
emissions, significant reductions must be made in different
emission categories, according to Environmental Protection
Agency (EPA) regulation. She suggested adding wording to
differentiate between hauling goods and services and for 70
percent or more waste. She challenged the practice of allowing
highways to be ruined with the state picking up the tab to haul
mostly waste from Point A to Point B. She concluded we don't
want our school buses, tourists or the motoring public to be
hindered from using the roads they depend on for moving in
Alaska. She said, with "Build Back Better" monies, many
entities, including foreign entities are doing everything they
can to acquire millions of dollars without having to pay their
way in Alaska. She said Alaskans are not willing to pick up that
tab. She said many companies play by the rules, but some do not
and they put us all at risk. She asked to make the bill the best
it can be. She urged people to say what they want and not what
they don't want to arrive at a good bill quickly.
2:53:45 PM
LYNN CORNBERG, representing self, Fairbanks, Alaska, testified
in support of SB 218. She expressed appreciation for attention
to the unprecedented, by scale and by frequency, industrial ore
haul on public roads. She noted the Richardson Highway does not
have exit and entrance [ramps] on the two-lane part of the
highway and kids stand along the highway waiting for school
buses. She recalled that in 2022, when DOTPF and Kinross [Gold
Corporation] announced the ore haul was going forward, there
were a lot of questions and she said there are still a lot of
questions. She said this is a huge, complex, global industry.
She expressed concern about the lack of understanding [around
the increased hauling] and she urged lawmakers to ask questions
and learn what is happening in the interest of public safety.
2:55:58 PM
JASMINE JEMEWOUK, representing self, Anchorage, Alaska,
testified in support of SB 218. She expressed solidarity with
communities facing the Manh Choh and Kinross ore haul issues.
She said this project poses a serious threat to public health,
safety, air and water quality. She said the project threatens
the integrity and wellbeing of the community. She said there
have been no environmental impact statement nor health impact
assessment for the mining plan nor ore haul operation. The
Arctic is warming four times as fast as the rest of the planet
and the melting permafrost weakens pavement structure, making
roads more vulnerable to damage by heavy vehicles, thus
exacerbating the threat to public health and safety. The village
of Dot Lake is at risk of being cut off from access to essential
supplies if the trucks' heavy loads cause any damage to the
Johnson and Albertson bridges, threatening safety of their
community and tribal members.
2:57:14 PM
LOIS EPSTEIN, representing self, Anchorage, Alaska, testified in
support of SB 218. She said she recently wrote a report as an
engineering consultant on the potential impacts of ore
transportation by truck near and through Haines, Alaska. She
said she could see no benefit to the state not having a truck
weight limitation at 140,000 pounds or less. Other gold
transport operations may be in the state's future as the high
price of gold makes Alaska attractive for gold mining in ways
that other minerals do not, given the state's long distances and
limited road infrastructure. She proposed that SB 218 should
remove language allowing vehicles above the weight limit if they
pay a fee to address the infrastructure damage they cause, thus
ignoring the impact on public safety and only focusing on
infrastructure. She said the provision for a fee defeats the
purpose of SB 218. She thanked Senator Kawasaki and encouraged
legislators to vote yes on weight limits and said they would
benefit the entire state.
2:58:58 PM
GABRIELE LARRY, representing self, Fairbanks, Alaska, testified
in support of SB 218. She said Alaska roads are public use and
should not be taken over by long combination vehicles. She said
the state needs the restrictions [proposed by SB 218] and the
laws are outdated and antiquated. The state should account for
safety and not place excessive burdens on taxpayers for
maintenance of the roads. She expressed concerns over
environmental impacts. She said tires on the road generate a
toxin that is detrimental to wildlife, fisheries and humans. The
state must get a handle on this issue. She urged the legislature
to reach out to people who have studied the impacts and look
toward what other states are doing. She said there are far too
many hazards on the road now. She said an outside entity should
not be taking our roads over.
3:01:24 PM
CHAIR KAUFMAN kept public testimony on SB 218 open.
3:01:49 PM
SENATOR KAWASAKI said SB 218 is a simple bill addressing a very
complex issue. He reiterated that Alaska is the only state that
doesn't have a maximum weight limit and this bill doesn't even
go as far as establishing a maximum weight limit. It only sets
in place a statutory permitting process for vehicles of a
certain weight. He clarified that this bill is not an attack on
truckers; we work closely with truckers, including Senator
Myers. He acknowledged the professionalism and high standards of
truck drivers. He emphasized that he is not afraid of a truck
driver or of these trucks. He is afraid of accidents involving
pedestrians and families and that is one of the considerations
for SB 218.
3:03:16 PM
CHAIR KAUFMAN held SB 218 in committee.
3:03:32 PM
There being no further business to come before the committee,
Chair Kaufman adjourned the Senate Transportation Standing
Committee meeting at 3:03 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 255 Transmittal Letter version A.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 255 Highlights version A.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 255 Sectional Analysis version A.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 255 Presentation 3.14.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 255 Public Testimony recieved as of 3.13.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 255 |
| SB 218 Sponsor Statement version S 2.24.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Sectional Analysis version S 2.24.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Fiscal Note DOTP&F 3.9.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Support Documents 2.24.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Additional Support Documents 3.13.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Presentation 3.14.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |
| SB 218 Testimony Received as of 3.13.24.pdf |
STRA 3/14/2024 1:30:00 PM |
SB 218 |