CSHB 361(TRA) am - PRIVATE MAINTENANCE OF STATE HIGHWAY SENATOR GREEN moved to adopt SCSCSHB 361(HES), version B, as the working document before the committee. There being no objection, the motion carried. REPRESENTATIVE BEVERLY MASEK, sponsor of HB 361, gave the following overview of the measure. HB 361 was introduced to resolve a conflict over private maintenance of state owned highways. Currently it is difficult at best for the Department of Transportation and Public Facilities (DOTPF) to deal with private parties that undertake the maintenance of state highways where the state has ceased maintenance operations during winter months. HB 361 is not intended to keep private parties from maintaining state highways; the purpose is to ensure that the proper tools are in place so that maintenance conforms to standards necessary to protect the public. HB 361 gives DOTPF clear statutory authority to regulate such activities. This bill was prompted by an incident in the Mat-Su/Petersville Road area. A mining company began plowing the road and the residents in the area complained that not enough snow was left on the highway for snow machine use so that people could get to their cabins. The mining company was plowing the road down to gravel, and a lodge owner began blocking the plows. HB 361 applies to state highways, not state roads. Number 105 SENATOR HALFORD questioned whether this bill might work the wrong way. The language provides for two lanes of travel, and if two lanes are not feasible, pull outs at regular intervals to aid the flow of traffic, and for parking areas at regular intervals to allow public access to public lands adjacent to the highway. He thought Representative Masek's goal was to provide multiple- vehicular access. He noted if a road is plowed two-lanes wide, there will be no room to run a snowmachine. If only one lane is plowed, then snowmachines will be able to use the road. REPRESENTATIVE MASEK thought Senator Halford was referring to the Denali Highway. She stated the plowing on the Petersville Road was done in such a manner that all of the snow was removed. She believed DOTPF would view each road differently. SENATOR HALFORD maintained the language in the bill says, "shall, to the maximum extent feasible, provide for two lanes of travel, and if two lanes are not available, pull outs at regular intervals...." He suggested the bill not specify two lanes of travel because leaving snow on one lane would resolve the problem. He repeated his suggestion that the language allow for multiple vehicular access, rather than require two lanes of travel. Number 154 REPRESENTATIVE MASEK indicated language on line 6 says, "or, if two lanes are not feasible, pull outs at regular intervals to aid the flow of two-way traffic." She maintained the bill does not require that two lanes be kept open. SENATOR HALFORD felt the word "feasible" would be interpreted to view the situation from an economic standpoint. He repeated the intent of the new section could be accomplished by removing the provision for two lanes of travel or pullouts, and instead provide for multiple vehicle-type access. He added the bill should not allow huge berms to be built. REPRESENTATIVE MASEK noted berms are a problem on the Petersville Road because of the snow conditions. She said she understood Senator Halford's point, but could not imagine problems would occur if the road was not plowed down to gravel. VICE-CHAIR WILKEN asked Senator Halford to present a proposed amendment to Representative Masek for later consideration. Number 196 DENNIS POSHARD, Special Assistant at DOTPF, stated the department supports HB 361 as it encourages anyone willing to maintain a section of a state highway to do so. This bill would only apply to roads that DOTPF has chosen not to maintain during the winter. DOTPF requested the bill be amended in a House committee to require written approval from DOTPF prior to maintenance, so that DOTPF can keep track of what activities are taking place. VICE-CHAIR WILKEN asked Mr. Poshard to comment on Senator Halford's suggestion. MR. POSHARD did not think DOTPF would have a problem with the intent of Senator Halford's suggestion but without seeing the specific language he could not state DOTPF support or opposition. SENATOR LINCOLN stated her concern about the bill is that she does not want DOTPF to use this legislation to stop maintenance operations on certain roads during winter months. MR. POSHARD said he appreciates Senator Lincoln's concern, and assured her DOTPF does not view this legislation as an excuse to stop road maintenance. DOTPF views this legislation as an option to use on roads that are not currently maintained during the winter. SENATOR GREEN asked if a current prohibition exists against private maintenance of state highways. MR. POSHARD replied he did not know the answer to that question. He believed problems have occurred with private maintenance in that state roads not plowed to a standard DOTPF considers to be acceptable have created a safety risk for travelers expecting better road conditions. SENATOR GREEN asked, if she lived at the end of a road that was not maintained in the winter, and her only goal was to get from the maintained road to her home, whether she would have to plow to a standard comparable to DOTPF's if HB 361 passes. MR. POSHARD answered that would not be the case if she was merely traveling the road for her own purpose. DOTPF would not limit anyone's personal use of a state road. Nu9mber 261 SENATOR GREEN asked how personal use maintenance would differ. She asked if she plowed a state highway during a snow storm so that she could get home, whether different maintenance standards would apply. MR. POSHARD said he was not aware of any. SENATOR HALFORD noted the House version required written approval from DOTPF before maintenance could occur but that provision is not included in version B. MR. POSHARD indicated DOTPF requested that written approval be required because it wanted to know what maintenance was taking place on state roads to ensure that damage was not occurring and that maintenance was done to an adequate standard. REPRESENTATIVE MASEK stated she was not opposed to the conceptual changes requested by Senator Halford. SENATOR HALFORD moved to delete line 7 and line 8 to the word "allow" and to insert, after the words "provide for" on line 6, the language "multiple type vehicle access to allow public access to public lands adjacent to the state highway." He noted private and public lands are assumed. SENATOR LINCOLN objected to the motion and asked for clarification of what that change will do. SENATOR HALFORD indicated the problem will not be resolved by plowing some of the roads two lanes wide. People who want to maintain a road do not want to be in a position to only be able to do so if they plow the road two lanes wide. If a person plowed with a CAT, a tunnel would be created in high drift areas. He stated it is his intention to give DOTPF the ability to require that berms be knocked down every 300 feet so that people can get in and out, or that the road not be plowed all of the way down to gravel, or to come up with a plan that will allow several types of vehicles to use the road. SENATOR LINCOLN removed her objection. There being no further discussion, the motion carried. SENATOR LINCOLN stated without any notification to, or approval from, DOTPF, anyone can maintain a state highway in any way they want and will not be liable for any damage or injury to users of the road. She questioned the intent of the legislation if it allows the general public to plow any state highway in any way they want if the state does not maintain the road. Number 346 SENATOR HALFORD did not think the bill provides for immunity from liability either for damages or from a third party suit. The bill does maintain that the state is not liable for the actions of another person. It will not prohibit liability for the private person doing the maintenance if the road is damaged or a third party sues for injury. MR. POSHARD agreed and added the House Transportation Committee voted against a proposed amendment that would have exempted the party responsible for maintaining the road from liability. SENATOR HALFORD noted the road closure would be posted. REPRESENTATIVE MASEK respectfully asked committee members to pass the bill out of committee. SENATOR HALFORD moved SCSCSHB 361(TRA) out of committee with individual recommendations and its accompanying fiscal notes. SENATOR LINCOLN objected because she believed DOTPF should be notified of, and approve, private maintenance. SENATOR HALFORD pointed out the status quo is no oversight on the part of DOTPF. The motion carried with Senators Halford, Wilken, and Green voting in favor, and Senator Lincoln voting against.