SB 152-TRANSPORTATION; TRANSIT AUTHORITIES  1:01:39 PM SENATOR KOOKESH announced the consideration of SB 152. The bill was heard previously. JODIE SIMSON, Staff to Senator Charlie Huggins, informed the committee that a representative from the Department of Transportation and Public Facilities (DOTPF) was present and representatives from the Municipality of Anchorage and the MatSu Borough were online to respond to questions and concerns. 1:02:35 PM JEFFERY C. OTTESEN, Director, Division of Program Development, Department of Transportation and Public Facilities (DOTPF), stated that the fundamental reason that DOTPF has not taken a position on the legislation is that the bill doesn't identify a role for DOTPF in either the formative stages or the operations of a regional transit authority (RTA). MR. OTTESEN said DOTPF believes that it should be involved in any future RTA, and that there is also a need for metropolitan planning organizations (MPO) - the planning authority for transportation funding from the federal government. Any community with a population of 50,000 that meets a certain density standard becomes an MPO, he said. There are two in the state - the Anchorage Metropolitan Area Transportation System (AMATS) and the Fairbanks Metropolitan Area Transportation System (FMATS). It's likely that Mat-Su will become one after the 2010 census is calculated, he added. MR. OTTESEN informed the committee that RTAs often span multiple local government boundaries. An RTA is likely to be partly within an MPO and partly outside and thus dealing with the state for funding decisions. He explained that RTAs may include rail and light rail transit and almost certainly rubber-tire transit. Even when the primary goal is to build a rail-based system, rubber-tire transit is necessary to bring people in from outlying areas to the rail system. There's a great deal of overlap and DOTPF needs to be included in operational agreements with respect to operating on rights-of-way, building bus stops, building park-and-rides, and signal preemption to give buses priority. He noted that buses already get priority at traffic lights in Anchorage. He described Sound Transit in Seattle as one of the newer and more innovative RTAs in the nation. It is doing commuter rail, light rail, and has several rubber-tire transit routes. The Washington state transportation department saw an obvious need to be a part of that RTA and it has a commissioner-level voting member on that transit board. 1:06:33 PM MR. OTTESEN explained to the committee that if an RTA were to straddle a borough and the unorganized borough, DOTPF's role might be useful because the unorganized borough has no local government at the borough level. In that case, the Legislature would act as the borough assembly and the state would act as the local government. He cited a potential RTA in Fairbanks with routes to Delta Junction or Nenana as an example. These are the reasons for the need for both MPOs and DOTs to have a role in RTAs, he said. Whether it's permissive or mandatory is up to the Legislature, but it ought to at least be allowed. SENATOR KOOKESH observed that that isn't part of this bill. MR. OTTESEN agreed the bill is silent on that point, which in the future would lead to a question about the intent. CHAIR KOOKESH asked DOTPF's position on the bill as currently written. MR. OTTESEN replied DOTPF believes that RTAs are necessary and appropriate in Alaska. CHAIR KOOKESH asked if DOTPF believes that this is a first step. MR. OTTESEN said yes and it would be better if the role of MPOs and DOTPF were clarified in the formation of the RTA. 1:08:48 PM SENATOR DAVIS asked if he brought an amendment or language to clarify the role of DOTPF. MR. OTTESEN offered to provide language. Responding to a further question, he said he prefers to have the intent clear from the outset. SENATOR MENARD asked if he is suggesting that someone from DOTPF should be on the RTA board. MR. OTTESEN replied it's probably appropriate for each DOTPF regional director to be in that role. SENATOR MENARD asked him to clarify the priority issue. MR. OTTESEN explained that bus prioritization works much the same as it does for emergency vehicles. Priority is always given to the emergency vehicle at intersections while priority is given to a bus if it is full. If the bus is empty, it would not receive priority. 1:11:47 PM SENATOR MENARD mentioned the stimulus money and said she supports the bill. MR. OTTESEN said there will be additional money and most of it will run through the MPO or state DOT. That's why RTAs want those representatives on their board, he said. At the federal level MPOs are the planning authority. The best example in Alaska is AMATS and the Knik Arm Bridge and Toll Authority (KABATA) Board, he said. He related that KABATA was established by the Legislature, yet the AMATS MPO is driving whether or not that project proceeds. Recently there was a vote to potentially shut that project down for a decade and although that didn't happen, the message is that MPOs and other regional transportation organizations need to collaborate. 1:14:12 PM SENATOR PASKVAN asked if he is saying that the bill is a first step, but that DOTPF needs to be involved at some point in time. MR. OTTESEN replied it's appropriate because of the way the federal funding works and it would increase the likelihood of a successful RTA. SENATOR PASKVAN asked if a conceptual amendment would be appropriate that says, "A regional transit authority created in this section may participate with a RTA created by this act." MR. OTTESEN agreed that permissive language would be fine. DOTPF controls the funding strings to a degree so there is impetus for having it at the table. MR. OTTESEN suggested the amendment language also include "a representative from any coincident metropolitan planning organization." He noted that the draft transportation bill in Congress sends money directly to the MPOs so it would no longer run through the state DOT or be appropriated by the Legislature. 1:17:03 PM BRAD SWORTS, Transportation and Environmental Manager, Mat-Su Borough, stated support for creating regional transit authorities. He related that Mat-Su Borough has been working closely with the Municipality of Anchorage on the matter. He related that transit operations within the borough and between the borough and Anchorage continue to increase. It's increasingly clear that the management and coordination of improved transit operations should be carried out through an RTA, he said. Municipalities and communities in Alaska would benefit from passage of SB 152. JODY KARCZ, Public Transportation Director, Municipality of Anchorage (MOA), pointed out that when the Mat-Su Borough and the MOA began talking about the process to establish an RTA, DOTPF was brought to the table and it continues to be a strong player. Referring to the "Opticom" transit priority bus project that Mr. Ottesen mentioned, she explained that the municipal assembly approved a one-year pilot program for two bus routes. Just 20 of the 217 traffic signals within Anchorage are equipped to accept bus priority during peak hours in peak directions, she said. So far there has been minimal impact on cross streets. 1:21:32 PM SENATOR PASKVAN asked if she would have any problem with the conceptual amendment to include DOTPF and coincident metropolitan planning organizations in the RTA created by the Act. MS. KARCZ replied it's a good amendment. SENATOR MENARD said she would like the language to say "shall" instead of "may" to ensure that DOTPF is included. CHAIR KOOKESH clarified that this is a conceptual amendment. SENATOR PASKVAN said he has no problem with that if DOTPF agrees. 1:22:52 PM RALPH DUERRE, Assistant Attorney, Municipality of Anchorage (MOA), said MOA supports the conceptual amendment that Senator Paskvan proposed. He related that SB 152 is flexible to allow a variety of transportation plans. There is no question that DOTPF and MPOs will play vital role in the success of the RTA and their participation is most welcome. However, DOTPF and MPO participation should be on a permissive basis. SENATOR KOOKESH closed public testimony. 1:25:46 PM SENATOR PASKVAN moved conceptual Amendment 1 to add a new section (b)(3) to read as follows: The Department of Transportation and Public Facilities may participate and/or a representative of a coincident metropolitan planning organization may participate with a regional transit authority created by this Act. SENATOR MENARD objected to the word "may" because it is too permissive. CHAIR KOOKESH asked Mr. Ottesen to provide his perspective. MR. OTTESEN stated a preference for the permissive language. SENATOR KOOKESH agreed with that position. 1:28:01 PM SENATOR MENARD removed her objection. CHAIR KOOKESH found no further objection and announced that conceptual Amendment 1 was adopted. He asked the will of the committee. 1:28:28 PM SENATOR PASKVAN moved to report SB 152, as conceptually amended, from committee with individual recommendations and attached fiscal note(s). There being no objection, CSSB 152(TRA) moved from the Senate Transportation Standing Committee.