HB 267-SNOW MACHINE USE IN DALTON HWY CORRIDOR  CHAIR P. WILSON announced that the final order of business would be HOUSE BILL NO. 267, "An Act relating to travel by snow machine within five miles of the right-of-way of the James Dalton Highway." 2:37:33 PM REPRESENTATIVE T. WILSON, as chair of the subcommittee on HB 267, reported on the subcommittee work on HB 267. She explained the subcommittee agreed on two things. One, the subcommittee suggested that the committee request DOT&PF monitor the number of new recreational users through a permit process. The subcommittee did not believe a fee should be charged for the permit, but in case any degradation happened, it would be important to know how many snow machines were in any given area. The subcommittee envisioned that the permit user could access a website to determine whether adequate snow was available. Secondly, the subcommittee suggested specific access sites should be established along the Dalton Highway corridor, such as the DOT&PF could identify three sites. The subcommittee believed that by limiting access sites, it would be easier to monitor any damage. Further, she elaborated that the Dalton Highway section that typically receives more snow could handle more snow machines. The subcommittee determined it would like an annual review and report on the matter. 2:39:19 PM REPRESENTATIVE T. WILSON stated that lastly the subcommittee requested that the committee require recreational users to maintain safety equipment. The Dalton Highway does not currently have an Alaska State Trooper (AST), and historically only one AST has been assigned to cover the entire Dalton Highway Corridor. The committee suggested opening the Dalton Highway Corridor to recreational access only to milepost 176. She stated that Coldfoot is located at milepost 175 and has parking facilities and a hotel. Most of the e-mails in opposition expressed concern about impact to the area. Of the 241 e-mails received, 98 were in favor and 143 were against recreational use on the Dalton Highway. District 7 and 8 were the districts most interested in the access. The subcommittee suggested the committee request the area be monitored for any impact on the land and animal migration. 2:40:39 PM REPRESENTATIVE MUNOZ asked if the activity is meant to stay in the Dalton Highway Corridor or would recreational users have access to areas off the corridor. REPRESENTATIVE T. WILSON answered that recreational users would have access to the areas currently open outside the five mile corridor. 2:41:20 PM CHAIR P. WILSON asked where residents are located. REPRESENTATIVE T. WILSON offered that quite a few people live in the Wiseman area, which is above Coldfoot. Those residents can access the Dalton Highway Corridor and are not restricted. People residing outside the corridor can access the Dalton Highway Corridor. 2:42:01 PM REPRESENTATIVE MUNOZ asked for clarification on whether people currently living in Bettles can ride their snow machines, but if the person is coming up the road is restricted from accessing the five miles along either side of the Dalton Highway. REPRESENTATIVE T. WILSON replied yes. REPRESENTATIVE MUNOZ would limit recreational users to Milepost 175 at Coldfoot, but would allow access across the Dalton Highway Corridor into that area. REPRESENTATIVE T. WILSON stated that people cannot transport hunting gear since the hunting regulations would still apply. Recreational users could not transport animals or hunting equipment. 2:43:22 PM CHAIR P. WILSON related her understanding that the access would be recreational. 2:43:56 PM REPRESENTATIVE JOHNSON moved to adopt the proposed committee substitute (CS) for HB 267, labeled 26-LS1207\N, Kane, 3/25/10, as the working document. There being no objection, Version N was before the committee. 2:44:23 PM REBECCA ROONEY, Staff, Representative P. Wilson, Alaska State Legislature, as staff to Representative P. Wilson, Chair, House Transportation Standing Committee, referred to the memorandum of March 23, 2010, from Representative T. Wilson, Chair of the subcommittee, listing four bulleted points. Version N focused on two points, permits and limiting access to milepost 176. She explained the changes incorporated in Version N. On page 1, line 13-14, to paragraph (3), which adds language that limits snow machine travel to south of mile 176, at Coldfoot. Version N adds clarifying language, to identify the area as "on or across the highway corridor" to be certain that the access included the highway corridor. She referred to page 2, lines 7- 8, which is the definition of highway corridor. 2:45:48 PM MS. ROONEY referred to page 2, lines 19-24 which contains the description of the Dalton Highway Corridor for the prohibition time period between May 1 and September 30. She referred to proposed Section 3, to the provision established to require permits. This language addresses the subcommittee's recommendation for recreational user permits. The $25 fee was added to encourage people to obtain the permit since the goal is to obtain accurate information on the number of recreational users. 2:46:56 PM REPRESENTATIVE JOHNSON expressed concern that limiting the recreational users to a two-year period may increase activity, or overinflate the activity during the two-year period. Recreational users may feel the need to plan a trip during the only time the Dalton Highway Corridor would be open to recreational users. He suggested the permit timeframe be extended to five years. 2:48:27 PM REPRESENTATIVE T. WILSON pointed out that the number of permits is not limited since the data is important. She suggested that the number could be limited to 100 permits, which could be based on a lottery similar to the Denali Park permitting. She suggested limiting numbers rather than keeping the proposed sunset, offering that it may be easier on the administrator to have a designated number of people to permit. REPRESENTATIVE PETERSEN related his understanding that one reason for the sunset date was a report that would provide the number of permits issued, the number of accidents, and any other issues that might arise so the legislature could decide any future use. 2:50:54 PM MARY SIROKY, Legislative Liaison, Office of the Commissioner, Department of Transportation & Public Facilities (DOT&PF), outlined some suggestions. She asked the committee whether Version N would prohibit current residents living north of Coldfoot from using the corridor since these residents currently are allowed access. She commented that the DOT&PF does not have permitting capabilities for this activity and the department would have to consider the number of personnel it would need to do so. The DOT&PF does not have any enforcement capabilities. Additionally, the DOT&PF prefers the maintenance crew to limit its duties to road maintenance and not add duties to assist the public, as it would impact the maintenance function on the Dalton Highway. She offered her belief that the language is written so some aspects could affect Department of Public Safety and not just the DOT&PF. 2:52:49 PM REPRESENTATIVE MUNOZ asked whether the DOT&PF has considered how recreational users would affect the trucking functions. MS. SIROKY related that as previously mentioned the DOT&PF envisions it would place signs to limit the "chain-up areas" at base of hills for commercial use only so recreational users will know these areas are off limits to recreational vehicles. The DOT&PF held some preliminary discussions with the trucking industry to determine if any other areas, such as pullouts should be restricted. The truckers did not have any recommendations. Thus, the DOT&PF would monitor pullout use to determine if any issues arise. She anticipated that if a pullout is full and the next one is full, or if all of the pullouts for a long stretch are filled that it could be problematic. 2:55:21 PM MS. SIROKY, in response to Representative Petersen, explained the DOT&PF will request funds to place signs to restrict "chain up" areas to commercial trucks only. In further response to Representative Petersen, she explained the "chain up" areas would not be available to recreational users. REPRESENTATIVE PETERSEN asked whether all vehicles should be required to have chains to drive. MS. SIROKY was not certain whether DOT&PF uses chains on all their vehicles, noting that commercial trucks pulling heavy loads have greater need for chains. 2:56:45 PM REPRESENTATIVE MUNOZ asked the subcommittee whether the Department of Natural Resources provided input. REPRESENTATIVE T. WILSON answered that the DNR did not respond. The subcommittee received input from the DOT&PF. The U.S. Bureau of Land Management (BLM) and Alaska Department of Fish & Game were contacted but also did not provide input. 2:57:39 PM REPRESENTATIVE MUNOZ said she thought it would be helpful to have the agency input. REPRESENTATIVE JOHNSON related that the bill has a further referral to the House Resources Standing Committee, which is the appropriate committee to review any land use issues. REPRESENTATIVE T. WILSON answered that may be reason the subcommittee did not receive any input. 2:58:22 PM REPRESENTATIVE PETERSEN offered his belief that some of the subcommittee recommendations may not be so easily accomplished. He inquired as to whether the committee should try to address some of the recommendations. He prepared an amendment previously to address the cutoff limit, but Version N limits access to milepost 176, which he thought was fine. He suggested since the DOT&PF does not have a permitting process in place that the committee may wish to consider an alternative. 2:59:47 PM REPRESENTATIVE JOHNSON suggested that the permit is a land use issue. He suggested that the BLM should issue the permit. That issue and any ADF&G issues for consideration could be taken up in the House Resources Standing Committee. 3:00:29 PM REPRESENTATIVE MUNOZ asked whether snow machine access is limited to any other areas in the region. REPRESENTATIVE T. WILSON answered that the Yukon River Bridge is the beginning point under the bill and from Fairbanks to the Yukon River is currently open to recreational user. CHAIR P. WILSON reiterated the Dalton Highway Corridor area adds another 115 miles of recreational use. REPRESENTATIVE MUNOZ clarified that recreational users have open access in the Dalton Highway Corridor to the Yukon River Bridge. REPRESENTATIVE T. WILSON answered yes. 3:01:56 PM REPRESENTATIVE T. WILSON moved to report the proposed committee substitute (CS) for HB 267, labeled 26-LS1207\N, Kane, 3/25/10, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE PETERSEN objected. He said he did not think the bill was ready to move since all of the subcommittee recommendations have not been addressed in the bill. 3:03:22 PM REPRESENTATIVE T. WILSON offered to pass the subcommittee notes and comments along. She offered her belief that the remaining questions are resources issues. 3:03:26 PM CHAIR P. WILSON expressed concern that the $25 permit fee is not high enough since people may ignore the permit requirements. She suggested the fee should be in the $250 or $350 range. REPRESENTATIVE T. WILSON pointed out that currently, people could be using the Dalton Highway Corridor in violation of the current law. This bill will actually provide additional information, she said. REPRESENTATIVE JOHNSON agreed that the information is important, and that $250 fine would cause people to apply in advance for the permit. 3:05:28 PM CHAIR P. WILSON made a motion to adopt Amendment 1, on page 3, line 3, to delete $25 and insert $275. There being no objection, Amendment 1 was adopted. 3:06:08 PM REPRESENTATIVE T. WILSON withdrew her motion to move the bill. [The committee treated Amendment 1 as rescinded.] 3:06:52 PM CHAIR P. WILSON made a motion to adopt Amendment 1, on page 3, line 3, to increase the fee from $25 to $375. There being no objection, Amendment 1 was adopted. [The committee treated Amendment 1 as Amendment 2.] 3:07:54 PM REPRESENTATIVE T. WILSON moved to report the proposed committee substitute (CS) for HB 267, labeled 26-LS1207\N, Kane, 3/25/10, as amended, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE PETERSEN objected. A roll call vote was taken. Representatives Johnson, T. Wilson, and P. Wilson voted in favor of moving the proposed committee substitute (CS) for HB 267, labeled 26-LS1207\N, Kane, 3/25/10, as amended, from the House Transportation Standing Committee. Representatives Munoz and Petersen voted against it. Therefore, the motion failed by a vote of 3-2. 3:08:49 PM REPRESENTATIVE JOHNSON moved to rescind the committee's action to move the proposed committee substitute (CS) for HB 267, labeled 26-LS1207\N, Kane, 3/25/10, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE PETERSEN objected. A roll call vote was taken. Representatives Johnson, T. Wilson, Munoz, and P. Wilson voted in favor of rescinding the committee's action to move HB 267, as amended. Representative Petersen voted against it. Therefore, the committee's action to rescind its action to move the proposed committee substitute (CS) for HB 267, as amended, labeled 26-LS1207\N, Kane, 3/25/10, from committee passed by a vote of 4-1. 3:10:47 PM REPRESENTATIVE JOHNSON moved to report the proposed committee substitute (CS) for HB 267, labeled 26-LS1207\N, Kane, 3/25/10, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no further objection, CSHB 267(TRA) was reported from the House Transportation Standing Committee.