HOUSE TRANSPORTATION STANDING COMMITTEE March 2, 2000 1:10 p.m. MEMBERS PRESENT Representative Andrew Halcro, Chairman Representative Beverly Masek Representative Bill Hudson Representative John Cowdery Representative Allen Kemplen Representative Albert Kookesh Representative Vic Kohring MEMBERS ABSENT All members present COMMITTEE CALENDAR HOUSE BILL NO. 362 "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; and providing for an effective date." - MOVED CSHB 362(TRA) OUT OF COMMITTEE HOUSE BILL NO. 182 "An Act relating to charitable gaming and to gaming on state ferries; and providing for an effective date." - MOVED CSHB 182(TRA) OUT OF COMMITTEE PREVIOUS ACTION BILL: HB 362 SHORT TITLE: APPROVING TRANSFER OF RAILROAD LAND Jrn-Date Jrn-Page Action 2/11/00 2176 (H) READ THE FIRST TIME - REFERRALS 2/11/00 2176 (H) TRA, FIN 3/02/00 (H) TRA AT 1:00 PM CAPITOL 17 BILL: HB 182 SHORT TITLE: CHARITABLE GAMING & GAMING ON FERRIES Jrn-Date Jrn-Page Action 4/08/99 690 (H) READ THE FIRST TIME - REFERRAL(S) 4/08/99 690 (H) TRA, JUD, FIN 2/01/00 (H) TRA AT 1:00 PM CAPITOL 17 2/01/00 (H) Heard & Held 2/01/00 (H) MINUTE(TRA) 2/15/00 (H) TRA AT 1:00 PM CAPITOL 17 2/15/00 (H) -- Meeting Postponed -- 2/17/00 (H) TRA AT 1:00 PM CAPITOL 17 2/17/00 (H) Failed To Move Out Of Committee 2/17/00 (H) MINUTE(TRA) 2/24/00 (H) TRA AT 1:00 PM CAPITOL 17 2/24/00 (H) Heard & Held 2/24/00 (H) MINUTE(TRA) 3/02/00 (H) TRA AT 1:00 PM CAPITOL 17 WITNESS REGISTER REPRESENTATIVE LISA MURKOWSKI Alaska State Legislature Capitol Building, Room 406 Juneau, Alaska 99801 POSITION STATEMENT: Sponsor of HB 362. KRAIG HUGHES, Project Engineer Alaska Railroad Corporation Department of Community & Economic Development PO Box 107500 Anchorage, Alaska 99510-7500 POSITION STATEMENT: Gave a PowerPoint presentation on HB 362. JAMES KUBITZ, Vice President Real Estate and Project Planning Alaska Railroad Corporation Department of Community & Economic Development PO Box 107500 Anchorage, Alaska 99510-7500 POSITION STATEMENT: Testified on HB 362. ACTION NARRATIVE TAPE 00-14, SIDE A Number 0001 CHAIRMAN ANDREW HALCRO called the House Transportation Standing Committee meeting to order at 1:10 p.m. Members present at the call to order were Representatives Halcro, Hudson, Cowdery, Kemplen, Kookesh and Kohring. Representative Masek arrived as the meeting was in progress. HB 362 - APPROVING TRANSFER OF RAILROAD LAND CHAIRMAN HALCRO announced the first order of business as House Bill 362, "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; and providing for an effective date." There is a proposed committee substitute. Number 0070 REPRESENTATIVE JOHN COWDERY made a motion to adopt the proposed committee substitute for HB 362, version 1-LS1455\D, Utermohle, 2/18/00. There being no objection, Version D was before the committee. Number 0087 REPRESENTATIVE LISA MURKOWSKI, Alaska State Legislature, came before the committee as sponsor of HB 362. This proposed committee substitute essentially straightens the rail track between Anchorage and Wasilla by taking about approximately 70 curves. In order to do this, however, there needs to be land exchanges with Elmendorf Air Force Base, Fort Richardson Army Base, Eklutna, Inc., Chugach Alaska Corporation and the Municipality of Anchorage, which requires an authorization from the legislature. She noted that discussions have been occurring between the railroad and federal government for a couple of years now. Moreover, this proposed committee substitute includes an exchange for transfer of land to certain individuals at milepost 133 and milepost 134. Representatives from the railroad can address why that route was chosen. She further noted that the Municipality of Anchorage is required to "sign off" on the exchange that involves municipal land, which will be presented to the voters on April 4. The railroad wants to straighten the track to reduce wear and tear on equipment and to reduce travel time between Anchorage and Wasilla, which will be reduced by 35 minutes. She hopes that a reduction in travel time will encourage people to view the railroad as a commuter, thereby reducing pressure on the road system. She also pointed out that, according to the railroad, this is an investment. The construction plan involves $45 million to $60 million, which will come from federal transportation grants and the railroad's operating revenues. It will not come from general fund dollars. Moreover, there is a stretch of track 14 miles outside of Seward that would allow for improvements in the highway as well, which is where the Chugach Alaska Corporation fits into the picture. She noted that several representatives of the railroad are here today to make a presentation. Number 0500 REPRESENTATIVE COWDERY stated that an encroachment by the railroad was recently brought to his attention. He asked Representative Murkowski whether she would be opposed to a friendly amendment to correct that matter in the form of an exchange. REPRESENTATIVE MURKOWSKI replied she would hesitate to accept any "add-on" to the proposed committee substitute. She has had many suggestions for inclusions, but she feels that they would detract from the real mission - to straighten the track between Anchorage and Wasilla for efficiency and expediency. She is afraid that any add-on would create a "Christmas tree." Number 0610 REPRESENTATIVE COWDERY replied he doesn't think that his friendly amendment would create a Christmas tree. Moreover, he doesn't see where there would be any opposition to jeopardize this legislation. REPRESENTATIVE MURKOWSKI indicated that she would be happy to talk about this issue further. Her initial reaction is one of hesitation; she can think of many individuals who would have good reasons to "tack on" their issues as well. Number 0689 CHAIRMAN HALCRO asked Representative Murkowski whether anybody opposes this legislation. He noted that there are several resolutions of support from communities and organizations in the bill packet. REPRESENTATIVE MURKOWSKI replied the railroad has made a very concerted effort to work with the principals involved. There was a period of time when certain individuals in the Birch Creek area had some issues, but she thinks that they have been resolved. It's important to keep in mind that the entities involved, not just the railroad, would benefit from this legislation in terms of safety enhancements. She cited underpasses and separated crossings as examples. Number 0815 KRAIG HUGHES, Project Engineer, Alaska Railroad Corporation, Department of Community & Economic Development, came before the committee and gave a PowerPoint presentation. MR. HUGHES stated there are three distinct projects associated with this legislation. The first project involves milepost 8 to milepost 18 on the Seward Highway, a Department of Transportation & Public Facilities' project, which includes a land swap with Chugach Alaska Corporation and provides for a grade separation. The second project involves a realignment from Anchorage to Eagle River. The third project involves a realignment from Eagle River to Wasilla. MR. HUGHES further stated that the objectives include improving safety and efficiency of operations by reducing the maximum degree of curvature to 2 degrees, which would reduce running time between Anchorage and Wasilla from 95 minutes to 55 minutes. He noted that with those improvements the train could run at 50 miles per hour instead of its current speed of 30 miles per hour. MR. HUGHES further stated that the benefits include decreased running time, reduced track and equipment wear, more consistent train handling, more efficient and safer railroad operations, and safer public access across rights-of-way. MR. HUGHES further stated that the project from Anchorage to Eagle River starts at milepost 117 and extends to milepost 127.5, which equates to 10.5 miles. It consists of a double track construction, and funding will be through the Department of Defense. Land issues involve a swap of an existing right-of-way for a new one, which equates to 227 acres of military land and 229 acres of railroad land. MR. HUGHES further stated that the project from Eagle River to Wasilla starts at milepost 128 and extends to milepost 158, which equates to 30 miles. It consists of a single track construction, and funding will be through Amtrak, the Federal Transit Administration [FTA], and matching funds of 20 percent from the Alaska Railroad Corporation. Land issues involve private property at milepost 133 and milepost 136. Land issues also include Eklutna and Cook Inlet Regional Corporation property at six locations equating to 65 acres, Department of Transportation & Public Facilities' property at milepost 151, and municipal property at milepost 132 and milepost 133. MR. HUGHES further stated that the impacts include five crossings from Anchorage to Eagle River, and nine crossings from Eagle River to Wasilla. He noted that a diagnostic team will review the crossings, which will include engineers, policy makers, and local law enforcement officials. The crossings will also include a grade separation at Vandenberg Avenue and Beach Lake Road. MR. HUGHES further stated that another impact includes ski/sled trails, of which, there is no direct impact. Skiers/sliders will be able to utilize a grade separation at Beach Lake Road, and the railroad will provide fencing, as necessary, in areas of concern. He pointed out that there is support from the local Nordic ski groups. MR. HUGHES further stated that another impact includes environmental concerns. The stretch from Anchorage to Eagle River is in the NEPA [National Environmental Policy Act] process, while the stretch from Eagle River to Wasilla has been completed. He pointed out that this will impact 12.9 acres of wetlands, and the railroad has agreed to mitigation measures. This will also impact some archeological sites at Eklutna Village and Knik River Butte. MR. HUGHES further stated that another impact includes noise and vibration. Mitigation measures include a longer rail, faster train, and reduced number of at-grade crossings, which all help reduce noise and vibration. He noted that a reduction in the number of at-grade crossings will reduce the number of preempted whistles. MR. HUGHES further stated that another impact includes moose and animals. Mitigation measures include an increased sight distance for both engineer and animal. He pointed out, however, that there isn't a correlation between velocity and number of incidents; it's more a factor of snow depth. MR. HUGHES further stated that another impact includes trespass incidents. Mitigation measures include participation in lifesaver programs, public service announcements, channeling traffic patterns, a pedestrian underpass at Beach Lake Road, and increased sight distance. MR. HUGHES further stated that the municipal land swap involves 13.6 acres of park land in exchange for 9.6 acres of existing right-of-way. Of that 9.6 acres, 4.5 acres will be dedicated back to Beach Lake Park and 5.1 acres will be dedicated back to adjacent landowners. He pointed out that - by law - the railroad has to revert ownership back to adjacent landowners when it stops utilizing lands for the purpose for which it was granted. Furthermore, as part of the agreement with Eklutna, the railroad will dedicate a portion of the land at Beach Lake Road for the potential development of a road. The approval for these land swaps will be presented to the people in the form of a ballot on April 4. MR. HUGHES further stated, in conclusion, that the Alaska Railroad Corporation requests the support of the legislature. Any construction this summer will depend on legislative approval of HB 362 or SB 235. Number 1705 REPRESENTATIVE COWDERY asked Representative Murkowski whether the disposal of railroad property relates to legislation passed last year requiring legislative approval to accept property. REPRESENTATIVE MURKOWSKI replied, "I don't believe it does, Representative Cowdery." REPRESENTATIVE COWDERY asked Representative Murkowski whether it would take additional legislation to dispose of property. REPRESENTATIVE MURKOWSKI deferred the question to James Kubitz from the Alaska Railroad Corporation. Number 1771 JAMES KUBITZ, Vice President, Real Estate and Project Planning, Alaska Railroad Corporation, Department of Community & Economic Development, came before the committee to answer questions. The legislation passed last year that Representative Cowdery is referring to dealt with the approval and acceptance of federal property for Whittier. Furthermore, the railroad considers an exchange as a disposal, and this legislation allows the railroad to dispose of property in the form of an exchange. Number 1815 REPRESENTATIVE BILL HUDSON asked what the overall expense would be to the railroad. MR. HUGHES answered $45 to $60 million. REPRESENTATIVE HUDSON asked whether there would be any expense incurred by the Department of Transportation & Public Facilities, or whether it would be covered under railroad obligations. MR. HUGHES answered that there may be some minor expenses incurred to improve crossings, for example. He pointed out that the Department of Transportation & Public Facilities holds permits to cross the railroad, and that they are required to upgrade those crossings. Number 1871 CHAIRMAN HALCRO noted that this legislation deals with the authorization to conduct an exchange, which is why a zero fiscal note is attached. Number 1881 REPRESENTATIVE COWDERY asked Mr. Kubitz whether this legislation would impact future land exchanges. MR. KUBITZ replied it would only impact the lands discussed today by Representative Murkowski and Mr. Hughes. CHAIRMAN HALCRO closed the meeting to public testimony. Number 1916 REPRESENTATIVE COWDERY asked Mr. Kubitz whether there has been any consideration given to an S-tie type of technology in relation to the curves in the track. MR. KUBITZ replied the railroad has experimented with concrete and metal ties at different points along the track, but they always come back to using timber because of the current weight and speed of the trains. REPRESENTATIVE COWDERY pointed out that a zig-zag tie has the effect of more control in relation to side-motion, which is the type of technology bullet trains use in the Orient. MR. KUBITZ stated he is not aware of that type of technology. MR. HUGHES noted that the railroad has not conducted any experiment on a zig-zag type of tie. They do not see it as a feasible alternative because of current maintenance and velocity of the trains. MR. KUBITZ pointed out that bullet trains need total fencing, total overpass, and total grade separation. Number 2088 REPRESENTATIVE HUDSON made a motion to move CSHB 362, version 1-LS1455\D, Utermohle, 2/18/00, out of committee with individual recommendations and attached zero fiscal note; he asked unanimous consent. There being no objection, CSHB 362(TRA) so moved from the House Transportation Standing Committee. HB 182 - CHARITABLE GAMING & GAMING ON FERRIES CHAIRMAN HALCRO announced the next order of business as House Bill 182, "An Act relating to charitable gaming and to gaming on state ferries; and providing for an effective date." Number 2228 REPRESENTATIVE COWDERY made a motion to move CSHB 182, version 1-LS0805\D, Luckhaupt, 2/11/00, as amended, out of committee with individual recommendations and attached fiscal note(s). [SEE HOUSE TRANSPORTATION COMMITTEE MINUTES DATED 2/17/00 FOR DISCUSSION ON THE CONCEPTUAL AMENDMENTS] Number 2241 REPRESENTATIVE BEVERLY MASEK objected to the motion. The committee members were not notified that this legislation was being heard today. CHAIRMAN HALCRO replied that sufficient notice has been given. The bill was discussed last week, at which time he announced it would be brought up again this week. REPRESENTATIVE MASEK announced that she still objects to the motion. Number 2279 REPRESENTATIVE VIC KOHRING stated he intends to vote to move this legislation out of committee, but he objects to any legislation dealing with the advocation or promotion of gambling in the state. Furthermore, he was approached by the sponsor of this legislation, the chairman of the House Judiciary Committee, who assured him that he does not intend to move it out of that committee, but that he would just like to debate the issue and look at some formulated measures. CHAIRMAN HALCRO stated he would not support this legislation if it ever made it to the floor of the House of Representatives. Number 2305 REPRESENTATIVE COWDERY stated he doubts that the bill would ever make it to the floor of the House of Representatives. However, he would honor the request of the House Judiciary Committee chairman to move it out of this committee. A roll call vote was taken. Representatives Kohring, Hudson, Halcro and Cowdery voted "yea." Representatives Masek, Kemplen and Kookesh voted "nay." By a vote of 4-3, CSHB 182(TRA) so moved from the House Transportation Standing Committee. ADJOURNMENT CHAIRMAN HALCRO called for a brief at-ease in order to prepare for an overview on the railroad station at the Anchorage International Airport by the Alaska Railroad Corporation. [FOR THE ABOVE COVER SHEET PLEASE SEE MINUTES FOR THE HOUSE TRANSPORTATION STANDING COMMITTEE DATED, 3/2/00 AT 1:55 P.M.]