ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
March 19, 2009
1:12 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Kyle Johansen
Representative Cathy Engstrom Munoz
Representative Mike Doogan
Representative Max Gruenberg
MEMBERS ABSENT
Representative Craig Johnson, Vice Chair
Representative John Harris
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 72(STA)
"An Act relating to use of child safety seats and seat belts."
- MOVED HCS SB 72(TRA) OUT OF COMMITTEE
HOUSE BILL NO. 132
"An Act authorizing municipalities and nonprofit organizations
to sponsor a program to encourage the safe use of bicycles as an
alternative or supplement to motor vehicles; amending the duties
of the Department of Commerce, Community, and Economic
Development to include administration of state funds
appropriated for that purpose; and amending provisions of the
program by which state and federal aid allocated for highways
may be used to support bicycle paths."
- MOVED CSHB 132(TRA) OUT OF COMMITTEE
SENATE BILL NO. 111
"An Act relating to the duration of a certificate of compliance
for an intrastate air service provider; and providing for an
effective date."
- MOVED SB 111 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 72
SHORT TITLE: CHILD SAFETY SEATS & SEAT BELTS
SPONSOR(s): SENATOR(s) FRENCH
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) TRA, STA
02/10/09 (S) TRA AT 1:00 PM BUTROVICH 205
02/10/09 (S) Moved SB 72 Out of Committee
02/10/09 (S) MINUTE(TRA)
02/11/09 (S) TRA RPT 5DP
02/11/09 (S) DP: KOOKESH, MENARD, DAVIS, MEYER,
PASKVAN
02/19/09 (S) STA AT 9:00 AM BELTZ 211
02/19/09 (S) Moved CSSB 72(STA) Out of Committee
02/19/09 (S) MINUTE(STA)
02/20/09 (S) STA RPT CS 5DP SAME TITLE
02/20/09 (S) DP: MENARD, FRENCH, MEYER, PASKVAN,
KOOKESH
02/25/09 (S) TRANSMITTED TO (H)
02/25/09 (S) VERSION: CSSB 72(STA)
02/27/09 (H) READ THE FIRST TIME - REFERRALS
02/27/09 (H) TRA, STA, FIN
03/17/09 (H) TRA AT 1:00 PM CAPITOL 17
03/17/09 (H) Heard & Held
03/17/09 (H) MINUTE(TRA)
03/19/09 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 132
SHORT TITLE: BICYCLE PROGRAM
SPONSOR(s): REPRESENTATIVE(s) SEATON
02/13/09 (H) READ THE FIRST TIME - REFERRALS
02/13/09 (H) TRA, FIN
03/19/09 (H) TRA AT 1:00 PM CAPITOL 17
BILL: SB 111
SHORT TITLE: INTRASTATE AIR SERVICE CERTIFICATES
SPONSOR(s): SENATOR(s) OLSON
02/17/09 (S) READ THE FIRST TIME - REFERRALS
02/17/09 (S) TRA
02/24/09 (S) TRA AT 1:00 PM BUTROVICH 205
02/24/09 (S) Moved SB 111 Out of Committee
02/24/09 (S) MINUTE(TRA)
02/25/09 (S) TRA RPT 5DP
02/25/09 (S) DP: KOOKESH, MENARD, DAVIS, MEYER,
PASKVAN
03/02/09 (S) TRANSMITTED TO (H)
03/02/09 (S) VERSION: SB 111
03/09/09 (H) READ THE FIRST TIME - REFERRALS
03/09/09 (H) TRA
03/19/09 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
SENATOR HOLLIS FRENCH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions as the
prime sponsor of SB 72.
CINDY CASHEN, Alaska Highway Safety Office (AHSO)
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of SB 72.
LEE PARHAM, State EMS Training Coordinator
Division of Public Health
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of SB 72.
MARY SIROKY, Legislative Liaison
Office of the Commissioner
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the discussion of
SB 72.
JOHN COOK
Alaska Auto Dealers Association (AADA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 72.
GORDON GLASE
Anchorage Trails & Greenways Coalition (ATGC)
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of SB 72.
MARK NEIDHOLD, P.E., Chief
Design and Construction Standards
Division of Design and Engineering Services
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of SB 72.
REPRESENTATIVE PAUL SEATON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as the prime sponsor of HB 132.
JEFF OTTESEN, Director
Division of Program Development
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of HB 132.
TONY HALFORD
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 132.
KEVIN HENDERSON
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of HB 132.
SUE ELY, Legislative & Communications Manager
Alaska Conservation Alliance (ACA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 132.
LIBBY STERLING
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 132.
BOB LAURIE, State Bicycle Pedestrian Coordinator
Statewide Plan & Transit
Division of Program Development
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of HB 132.
BYRON BRODA
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 132.
MATTHEW TURNER
Bicycle Friendly Sitka (BSF)
Sitka, Alaska
POSITION STATEMENT: Testified on HB 132.
KRISTI WEST, Manager
Zach Gordon Youth Center (ZGYC)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 132.
JANICE TOWER, Board Member
Arctic Bike Club (ABC)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 132.
ROBERT SHIPLEY, Representative
Anchorage Trails and Greenways Coalition (ATGC)
POSITION STATEMENT: Testified in support of HB 132.
LOIS EPSTEIN, Engineer, and Director
Alaska Transportation Priorities Project (ATPP)
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of HB 132.
KRISTI WOOD, Bicycle Commuters of Anchorage (BCA)
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of HB 132.
TIM BENINTENDI, Staff
Senator Donny Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 111, on behalf of the prime
sponsor, Senator Donny Olson.
CHRISTINE KLEIN, Deputy Commissioner of Aviation
Office of the Commissioner
Department of Transportation & Public Facilities (DOT&PF)
POSITION STATEMENT: Answered questions during the discussion of
SB 111.
ACTION NARRATIVE
1:13:00 PM
CHAIR PEGGY WILSON called the House Transportation Standing
Committee meeting to order at 1:12 p.m. Representatives Doogan,
Johansen, Munoz, and Wilson were present at the call to order.
Representatives Gruenberg arrived as the meeting was in
progress.
SB 72-CHILD SAFETY SEATS & SEAT BELTS
1:14:00 PM
CHAIR WILSON announced that the first order of business would be
SENATE BILL NO. 72, "An Act relating to use of child safety
seats and seat belts."
1:14:27 PM
SENATOR HOLLIS FRENCH, Alaska State Legislature, stated that SB
72 was previously heard by the committee. He offered to answer
any questions about the bill.
1:15:01 PM
REPRESENTATIVE MUNOZ related her understanding that SB 72 would
change the positioning of the seat to face the rear of the
vehicle.
SENATOR FRENCH answered no. He explained the object of the bill
is to fill the gap in Alaska's statutes since the state is "not
in line" with FHWA regulations. He stated that the Alaska
statutes do not address children who outgrow the child safety
car seat, but are not old enough to use the seatbelt. He
related that the interim device is not currently covered under
Alaska law, but is the "booster seat" that lifts the child off
the seat and places the child's shoulder strap where it belongs.
1:16:12 PM
REPRESENTATIVE MUNOZ stated that the language reads "rear-
facing" and she inquired as to whether that is currently
allowable.
SENATOR FRENCH referred to page 1 line 8 to 10, and stated that
rear-facing is not new, but makes explicit what is currently in
practice.
REPRESENTATIVE MUNOZ asked for clarification whether current law
calls for front-facing or rear-facing seats. He offered her
belief that most child seats are front-facing seats. She
expressed concern and related that parents check in the rearview
mirror and can see the child is okay.
SENATOR FRENCH said he would defer to the experts. He recalled
using rear-facing seats for the first six months of the child's
life.
1:17:36 PM
REPRESENTATIVE JOHANSEN asked where the idea for the bill came
about.
SENATOR FRENCH indicated that a constituent and person involved
in the topic for the state brought the matter to his attention.
1:18:27 PM
CINDY CASHEN, Alaska Highway Safety Office (AHSO), Department of
Transportation & Public Facilities (DOT&PF), stated that her
office is responsible for taking the federal transportation
funds and applying them to data-driven, effective programs that
encourage safe driving behavior. She stated that the AHSO
currently receives $159,000 per year for occupant protection.
However, it is insufficient due to the size of the state and
number of communities throughout the state. She related that
the National Highway Traffic Safety Administration (NHTSA)
provides state funding as the federal arm of DOT&PF. The NHTSA
supports enactment of stronger child passenger safety laws that
cover every child, in every seating, in every vehicle. She
pointed out that Alaska's current law requires the proper use of
safety devices for children under the age of 16, but it does not
include which safety device must be used based on the child's
age, height, and weight.
MS. CASHEN provided the reason for placing newborn babies facing
backward in vehicles is that position has been found to be the
safest for their skeletal structure during vehicular crashes.
She explained the U.S. Department of Transportation's chief
counsel has determined that Alaska would be eligible to receive
new federal funds with the passage of SB 72. She stated that
the DOT&PF would apply for an estimated $194,000 in the next
federal fiscal year. She stressed that up to 50 percent of the
funds would be disbursed to programs to purchase and distribute
child safety seats and restraints to low-income families. Other
funding could be used for enforcement and education. She opined
that the DOT&PF provides informative and easy to understand
brochures. She pointed out that the law is difficult for some
to read and there have been tragedies involving children
involved in accidents due to parents mistakenly using the wrong
safety restraint device. She opined that SB 72 would make the
information easier to understand and Alaska would be eligible
for federal funds.
1:21:37 PM
MS. CASHEN, in response to Representative Johansen, stated that
this funding has been available to states since the passage of
the Transportation Equity Act: a Legacy for Users (SAFTEA-LU).
She explained that she provided the sponsor with information on
available funding. In further response to Representative
Johansen, Ms. Cashen explained the agency tracks federal
legislation and supports bills that promote highway safety. She
explained that a similar bill did not pass the U.S.
Transportation committee last year.
1:24:21 PM
LEE PARHAM, State EMS Training Coordinator, Division of Public
Health, Department of Health and Social Services, stated that
the Department of Health and Social Services (DHSS) supports SB
72. This bill would amend AS 28.05.095(b) to set the specific
standards for the use of child passenger restraint. She related
that motor vehicle related injuries are the leading cause of
death in the U.S. of children between the ages of 2 and 14 years
of age and is also one of the leading causes of hospitalization
and mortality for infants and children from birth to 14 years of
age. In 2006, seven children were severely injured in Alaska in
motor vehicle crashes. According to the Alaska Trauma Registry
(ATR) between 2002 and 2006, 63 children were injured in Alaska.
She reported children restrained in booster seats are 59 percent
less likely to be injured in crashes than children restrained by
lap belt only. Nationally, voluntary seatbelt inspection
stations report that 80 to 85 percent of children are improperly
restrained and one-third children under the age of 14 use the
wrong type of restraint. According to the ATR, greater than 85
percent of the children hospitalized were improperly restrained
using a lap belt or shoulder harness only, or were not
restrained at all. She opined current statute that references
child safety device is confusing about the specific standards of
age and weight-based restraints. This bill is designed to
eliminate confusion about which restraints are appropriate for
each age, weight, and level. The bill would clarify the types
of passenger restraint required by various ages and sizes to
prevent and minimize vehicular injuries. Currently, 43 states
have passed booster seat legislation qualifying them for U.S.
Department of Transportation and Highway Safety grants.
1:27:22 PM
CHAIR WILSON related her own observation of noticing a small
child riding in the front seat of a vehicle and not using a
booster seat. She corrected earlier testimony given by stating
that last legislature a similar bill died in the House Rules
Committee and not the House Transportation Committee.
1:29:11 PM
SENATOR FRENCH, in response to Representative Johansen,
indicated that last year the fiscal note was positive, and this
year the fiscal note is a zero fiscal note.
REPRESENTATIVE JOHANSEN related his understanding that half of
the potential $200,000 in grant funs would be used for
purchasing booster seats and car seats for low income families
and the remainder for educational purposes. He inquired whether
more funds would be used for purchasing seats and for
clarification of the disbursement of grant funds if the bill
passes.
SENATOR FRENCH answered that he would leave it to the program
managers. He related that a 50 - 50 split between purchases and
education sounds about right. He said the purpose of the bill
is not to penalize parents for not having car seats, but to have
children use them to prevent injuries. He reiterated his
comfort with the DOT&PF's decisions on distribution of potential
grant funds.
1:30:17 PM
MARY SIROKY, Legislative Liaison, Office of the Commissioner,
Department of Transportation & Public Facilities (DOT&PF),
stated that the DOT&PF fiscal note (FN) is not yet in the
packet. She explained the FN is indeterminate, which speaks to
fact that the DOT&PF should receive $194,000 for the program.
However, since the amount of the potential federal funding is
unknown, the FN is considered indeterminate.
1:31:09 PM
JOHN COOK, speaking on behalf of the AADA, offered support for
SB 72. He recalled a similar bill passed the Senate last year,
but did not pass the legislature. He stated that the AADA
supports the bill for a variety of reasons. He explained the
current law was written in 1985. He recalled in 1985, vehicles
did not have the same safety features as today. He offered his
belief that his own vehicle in 1985 had a lap belt but not a
harness while his current vehicle is the same brand of vehicle,
just 24 years newer and it is equipped with front and side air
bags, air curtains, crumple zones, and other safety systems that
did not exist when the current law was written. He emphasized
that safety seats need to be appropriate for the height and
weight of the child since safety devices like air bags have
explosive force and can do serious bodily injury to children.
He related that at his dealership he has observed booster seats
incorrectly installed or children in the wrong type of seat. He
offered his belief that this law will provide clarification to
parents, families, and law enforcement on the appropriate safety
seat. He stressed the importance to "get the children in the
right kind of seat and have a safe driving environment." He
opined that the current law gives parents the option of putting
a four-year-old in a seatbelt and not one manufacturer would
support that an average four-year-old belongs in a seat belt.
He related his understanding that the federal highway bill has
not yet been authorized so these funds may not be available in
2010. However, the federal funds are currently available to
help educate parents and provide booster seats for low-income
families, he stated. He urged members to support SB 72 and pass
it out of committee today.
1:35:13 PM
GORDON GLASE, Anchorage Trails & Greenways Coalition (ATGC),
speaking on behalf of the ATGC, informed members that all child
restraints built in the U.S. recognize being rear facing for the
first year or until the child weighs 20 pounds. He mentioned
that is the same recommendation of all automobile manufacturers.
He stated that this bill is set up to make it easier for parents
and law enforcement to understand the law so no child is injured
due to the parent not knowing which way the child should be
facing or which restraint to use.
1:36:02 PM
CHAIR WILSON, after first determining no one wished else to
testify, closed public testimony on SB 72.
1:36:12 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1,
labeled 26-LS0376\E.1, Luckhaupt, 3/16/09, which read:
Page 1, following line 2:
Insert a new bill section to read:
"* Section 1. AS 19.10.095 is amended to read:
Sec. 19.10.095. Signs promoting the use of safety
belts and child safety devices. The department may
erect and maintain signs encouraging the use of safety
belts and child safety devices at the site of a motor
vehicle accident where a fatality occurred as the
result of a person's failing to use a safety belt or
child safety device. This section does not limit the
authority of the department to erect or maintain signs
to protect the public safety and welfare of persons
using the highways of the state."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 2"
1:36:53 PM
CHAIR WILSON objected for purpose of discussion.
REPRESENTATIVE GRUENBERG explained that Amendment 1 would allow
the DOT&PF to erect signs at the site of a motor vehicle
accident in which a fatality occurred. He explained that
currently a sign can be erected if a person was not using a
safety belt, and this would expand the provision to child safety
devices. He said he was not aware of any objection from the
bill sponsor or the DOT&PF.
1:38:17 PM
MARK NEIDHOLD, P.E., Chief, Design and Construction Standards,
Division of Design and Engineering Services, Department of
Transportation & Public Facilities (DOT&PF), explained he has
reviewed Amendment 1 and stated that the department has no
issue.
1:38:48 PM
REPRESENTATIVE JOHANSEN asked whether any costs will be absorbed
by the DOT&PF. He related his understanding that under the bill
the DOT&PF would encourage use of devices, which would likely
require printing brochures.
MR. NEIDHOLD related that the DOT&PF offers a zero fiscal note
as any cost will be absorbed under the existing program. He
explained that the DOT&PF has a memorial sign program and the
DOT&PF bears the cost of signs the public requests based on
criteria set by regulation based on the type of accident and the
conditions that prevailed. Signs range from one that state
"Please Buckle-Up", "Please Drive Safely", and "PleaseDon't
Drink and Drive" types of signs. While this bill would require
a new sign, the DOT&PF has an ongoing cost that is already
covered. He stated the DOT&PF would presume this is part of
that existing program in terms of distribution. He pointed out
that the DOT&PF does not anticipate an increase in the number of
overall signs, just a change in the type of sign.
1:40:48 PM
REPRESENTATIVE MUNOZ emphasized the importance of sensitivity
with respect to the message that would be placed on the proposed
sign. She opined that a family lives with the child's death
forever and a sign might constantly remind parents of their loss
and could potentially unwittingly contribute to guilty feelings.
MR. NEIDHOLD related the current application process for a
memorial sign assumes that the family would make the
application. He surmised someone outside the family could make
an application. He offered to review current regulations to
assure that someone else could not make the application. He
offered his belief that the DOT&PF is very concerned about the
perception the public has about signs. He further offered that
the current sign for a fatality, not caused by drunk driver, but
due to the person not wearing a safety belt reads "Please Buckle
Up" with a plague under the sign which reads "In memory of" or
"Sponsored by" followed by the person's name. He related his
understanding that the specific language has not yet been
developed final language for a memorial sign for a child safety
seat. However, he said it would likely be similar to that
language, be unmistakable, and not cause distraction for other
drivers. He surmised that it would be similar and brief in
nature.
1:43:33 PM
REPRESENTATIVE JOHANSEN agreed that is an excellent point. He
asked to see the language. He expressed concern for a family
and asserted the family's right to decide whether or not a
memorial sign is placed.
MR. NEIDHOLD offered to provide the language to the committee
when it is developed.
CHAIR WILSON withdrew her objection. There being no further
objection, Amendment 1 was adopted.
1:44:48 PM
REPRESENTATIVE GRUENBERG moved to report SB 72, as amended, out
of committee with individual recommendations and the
accompanying fiscal note.
There being no objection, HCS CSSB 72(TRA) was reported from the
House Transportation Standing Committee.
HB 132-BICYCLE PROGRAM
1:45:29 PM
CHAIR WILSON announced that the next order of business would be
HOUSE BILL NO. 132, "An Act authorizing municipalities and
nonprofit organizations to sponsor a program to encourage the
safe use of bicycles as an alternative or supplement to motor
vehicles; amending the duties of the Department of Commerce,
Community, and Economic Development to include administration of
state funds appropriated for that purpose; and amending
provisions of the program by which state and federal aid
allocated for highways may be used to support bicycle paths."
1:45:39 PM
REPRESENTATIVE GRUENBERG offered his belief that the proposed
committee substitute contains a typographical error.
1:46:34 PM
REPRESENTATIVE GRUENBERG made a motion to adopt the committee
substitute (CS) HB 132 labeled 26-LS0590\E, Kane, 3/18/09, as
the work draft.
There being no objection, Version E was before the committee.
REPRESENTATIVE PAUL SEATON, Alaska State Legislature, as the
prime sponsor of HB 132 explained that this bill was introduced
to allow Alaskans an alternative to high cost of fuel. He
recalled that the legislature funded weatherization for homes.
He reiterated this bill could also provide an alternative to
fossil fuels.
MR. SEATON explained that bicycle design has changed, such as a
three-speed bicycle specifically intended for riding on dirt.
He related that this bill creates the Safe Bicycle Ridership
program in the DOT&PF, gives municipalities and non-profits the
ability to apply for grants to promote the safe use and
distribution and maintenance of bicycles, bicycle helmets,
facilities, and bike trailers.
MR. SEATON referred to information in members' packets that
mentions similar programs in other states which promote using
bicycles as an alternative transportation. He pointed out that
the program is not for recreational bicycling, but is to promote
an alternative mode of transportation.
1:49:25 PM
REPRESENTATIVE SEATON related bicycle trailers are included so
people can transport their groceries to increase functionality
for Alaska's residents. He opined that a small amount of
funding can provide an alternative mode of transportation for
people throughout Alaska. He explained the bicycles are not in
realm of high technology but are functional range from $100 to
$200, bicycle trailers cost approximately $100, and helmets
range from $15 to $20. He further related that for modest
amounts of funding, other programs in municipalities have
purchased bicycles, painted them a bright color such as green,
and offered them at no cost for residents to use. Additionally,
other mechanisms allow for loaner bikes to be checked out to
people, or similar programs could be developed based on the
individual community's needs.
1:51:49 PM
REPRESENTATIVE SEATON reviewed the sections of HB 132. He
related Section 1 provides that municipalities or non-profits
can establish a program. Section 2 provides that the DOT&PF
will develop a grant program to encourage safe ridership, and
Section 3 instructs the DOT&PF to conduct a survey in order to
establish accountability for the program. He explained the
DOT&PF would survey recipients as a means to ascertain that the
program is effective.
1:52:29 PM
REPRESENTATIVE JOHANSEN referred to page 1, line 14, of Version
E which reads "by municipal residents". He asked if the program
will only be allowed for municipal residents. He further asked
how the program would be monitored in a community like Ketchikan
that has 9,000 tourists who disembark from cruise ships in one
day, who may also want to use bicycles. He inquired as to how
the mechanics of the program would work if the program is
limited to residents. He then asked specifically, "How are you
going to tell or is that your intent for it just to be
residents?"
REPRESENTATIVE SEATON answered that this program would be
incorporated in a grant request from a municipality. "Another
words, if a municipality came in and said we want to have a
program for tourists, not a mode of transportation, but a
visitor service." He explained that while HB 132 is intended to
provide a mode of transportation to residents, nothing restricts
a municipality from allowing others to use the bicycles.
However, the intent of the bill is to provide a grant to
communities so Alaskans will have an alternate mode of
transportation to use instead of motor vehicles. He said,
"That's what this bill is for, it's not for recreation, it's not
meant to compete with a business that would be renting out
bicycles to the cruise ships, if someone has a similar
business." He added that HB 132 targets local residents.
Additionally, he said he hopes the program can help address
obesity rates by encouraging Alaska residents to get more
exercise to improve their health.
1:54:36 PM
CHAIR WILSON related her understanding that a municipality could
apply for grants. She indicated that Subsection (a) refers to a
mode of transportation, so a municipality could apply for grants
for a mode of transportation. She noted that Subsection (b) is
for grants for the purchase, maintenance, and repair of
bicycles.
1:54:57 PM
REPRESENTATIVE JOHANSEN referred to page 2, line 10 of HB 132
which requires that the department adopt regulations.
Additionally, page 2, line 14, requires the commissioner to
appoint an administrator. He inquired as to whether these items
will require a fiscal note.
REPRESENTATIVE SEATON answered yes. He mentioned that the
DOT&PF currently has a bicycle program and a coordinator. He
related that it seemed clearer to have grant authority
administered through the commissioner and to have the structure
in place. He offered his belief someone is available but that
DOT&PF will clarify.
1:56:14 PM
JEFF OTTESEN, Director, Division of Program Development,
Department of Transportation & Public Facilities (DOT&PF),
answered that the prime sponsor of HB 132 chose to redirect the
program to DOT&PF instead of the Department of Commerce,
Community, & Economic Development. He explained that the DOT&PF
already has authority for bicycle and pedestrians. Thus, it was
practical to place the program with the DOT&PF. He pointed out
that the agency already has a State Bicycle Pedestrian
Coordinator, Bob Laurie, and a Safe Routes Administrator, Steve
Soenksen, who are both are paid by federal funds for bike
transportation and are mandated by federal law. Thus, the
current DOT&PF staff can assist the department. He noted that
Cindy Cashen, the administrator for the Highway Safety Office
can also offer some grants for highway safety, including
pedestrians and bicyclists such as grants to pay for helmets.
MR. OTTESEN explained that under the federal mandate, the DOT&PF
performed a Strategic Highway Safety Plan, including analysis of
bicycle safety. He stated the DOT&PF is the largest implementer
of bikeways that stretch throughout the state. Finally, the
next reauthorization bill for transportation will likely expand
the focus on bicycles as transportation, he opined. He
mentioned a federal program called "complete streets" which is a
philosophy to consider sidewalks, bikeways, and bus stops when
building a road. He speculated that the emphasis on greenhouse
gases and carbon reduction will give new emphasis and funding
for bicycle and pedestrian related programs.
1:59:56 PM
REPRESENTATIVE JOHANSEN inquired as to which administrator in
DOT&PF will be appointed or whether the commissioner will hire
another person.
MR. OTTESEN related that the DOT&PF will not ask for a fiscal
note for the position. He remarked that two of three employees
already run grant programs and are familiar with the process.
2:00:41 PM
TONY HALFORD stated that he has been a resident of Juneau for
five years and is a disabled cyclist. However, he related that
he has over 20 years experience in off-road professional bicycle
racing. He opined that the streets and bikeways in Juneau are
pretty easy to navigate, but he expressed additional need for
expansion of services such as snow removal and street
improvements for bicycles, which he strongly supports. He said:
I also strongly support, there is a local business in
town that does rickshaws for the tourists in the
summer. That's just another form of cycling that is
very important to this area, not only just from a
business standpoint, but just from promoting cycling
in general. It's very highly visible and I think that
is a really good program, as well.
MR. HALFORD indicated that he encourage members to pass HB 132.
He mentioned that he also provides bicycle repair clinics in the
summer. He surmised that many Juneau residents would support a
program like the one embodied in HB 132.
2:03:29 PM
KEVIN HENDERSON related that he has been a Juneau resident for
29 years and has intermittently been a member of the League of
American Cyclists, the Rails to Trails Conservancy (RTC), and
Juneau Freewheelers. He thanked the sponsor for introducing HB
132, and encouraged the committee and legislature to support the
bill and safe use of bicycles as alternatives to automobiles and
the American unhealthy lifestyle. He explained that he
purchased his first bicycle in 1989, a bright yellow bicycle
that over the course of two years helped him to lose over 40
pounds and to lower his overall cholesterol from 205 to 148. He
opined that the bicycle opened the door to a whole new way of
enjoying life and since then he has been an avid cyclist.
MR. HENDERSON mentioned that he currently owns several bicycles
including a tandem bicycle. However, the original yellow
bicycle subsequently was loaned to a teacher for six weeks and
to his daughter's friend who worked in the tourist industry one
summer and could not afford a car. The bicycle was used by his
daughter, too, and has been raced in the Kluane to Chilkoot
bicycle relay. Additionally, the bicycle has been used to teach
others how to maintain and restore bicycles. He remarked that
after 20 years, his original yellow bicycle is worn out, but is
still on the road. He offered his belief that bicycles have the
power to change lives like the yellow bicycle has changed his.
He surmised that using bikeways, helmets, and learning to ride
safely can also change lives.
MR. HENDERSON offered his belief that the creation of the river
trail along the Mendenhall River has created a haven for people
and instead of lashing out can work out their frustrations. He
provided other examples of public use and commended other trails
in Anchorage and other communities. He opined the entire
community benefits from investing in these types of
transportation facilities. He stated that is the reason why
this bill is important and worthy of our support. He further
opined that much more needs to be done, but it is encouraging to
see more things happen. Besides bike paths and bike lanes, he
offered his belief short bike lines that connect paths are
needed. He also pointed out the importance of bike safety, and
the necessity to provide locker rooms or a safe place to lock up
bicycles out of the weather. He said it would be nice to have
facilities. He applauded the work Juneau Free Wheelers bicycle
club performs to promote and teach bike safety. He also pointed
out the need to retrain bicyclists who have not learned how to
ride bicycles on the road safely.
2:09:37 PM
MR. HENDERSON opined that education is important for children
and adults. He suggested amending the bill to simply add
"bicycle lanes" in addition to bicycle paths. He acknowledged
the importance of bicycle paths, especially for children and for
connecting routes, but that designated bicycle lanes or wide
shoulders are also important for faster riders or commuters, and
in instances in which a path is not an option. He thanked the
committee and urged supporting bicycle riders as an alternative
mode of transportation. He concluded by stating, "Whatever you
can do to put a bike in the hands of an educated rider with a
safe place to ride, and you will have done something, some
little bit, to make this a better world for all of us."
2:11:09 PM
REPRESENTATIVE GRUENBERG opined that Mr. Henderson's testimony
was important testimony. He requested a written copy of the
testimony for his file. He mentioned that the statutory
authority for bicycle paths is in another area of statute. He
referred to the Rails to Trails Conservancy (RTC) and inquired
as to whether any RTC program exists in Alaska.
MR. HENDERSON related his involvement with RTC has been limited
to being a contributor to its cause. He explained the RTC is a
national organization that takes abandoned railroad beds,
removes the actual rails, and creates either dirt or paved
trails. The railroad bed is already accessible, relatively
flat, and the organization makes road or mountain bike paths.
He related that many trails exist in the Lower 48, such as the
Burke-Gilman trail in Seattle. He said he was not sure what RTC
trails, if any, exist in Alaska.
2:13:20 PM
REPRESENTATIVE JOHANSEN inquired as to whether he has
encountered or discussed access to the hundreds or thousands of
miles of U.S. Forest Service roads. He opined that the roads
have been closed to the public but would make great bicycle or
walking trails. Currently, the roads in his community have "big
iron gates across all of these roads" that were built with
public funds. He remarked that anyone using the road is asked
to leave as the roads are restricted.
MR. HENDERSON answered no. He stated he is a road cyclist, but
recalled seeing similar roads in Washington that he thought were
open to the public. He said he "absolutely" believes in making
land accessible to the public. He encouraged opening the roads,
if possible.
2:15:01 PM
SUE ELY, Legislative & Communications Manager, Alaska
Conservation Alliance (ACA), speaking on behalf of the ACA,
offered support for HB 132. She related that the ACA is
comprised of 40 member groups and a combined membership of
38,000 Alaskans. She said, "We are here to testify in favor of
this bill and I think what I'd like to do is sing the praises of
bicycles and talk about some of the barriers that I think this
bill addresses." She explained that volatile fuel prices, the
difficulty in obtaining automobile loans, and the high
maintenance costs of automobiles are all barriers to using a
vehicle. She mentioned other benefits such as the reduction of
greenhouse gases, reduced traffic congestion, increased health
benefits, lower transportation costs and an alternative to
public transportation. She pointed out that some communities do
not offer public transportation and some homes are not on a
route, that it would be easier to ride a bicycle. These are all
reasons to encourage bicycle use, she opined.
MS. ELY recalled previous testimony from avid cyclists and
mentioned some barriers such as steep hills, gears, flat tires,
and other similar items that limit her own use. She opined that
this bill would address some of the barriers and could offer a
way to promote bicycle use. She added some additional barriers
are the cost of the equipment and maintenance, weather, safety
concerns, and education about the rules of the road. She stated
all of these concerns would be addressed by HB 132. She
suggested that the bill might include educating not just riders
but also for motorists to better learn to interact with bicycle
users. She mentioned bicycle lanes and street plowing are
important to allow year round bicycle use. She said:
We want, like the bill sponsor said, we're not trying
to get this out here for tourists. This isn't for joy
rides. This is for people who don't have cars or
don't want to use their car, or don't have appropriate
transit or want to make a good choice for the
environment. These people aren't going out there for
joy rides.
MS. ELY further suggested that offering showers and places to
lock up bikes should be addressed as well. She reiterated the
ACA is in favor of bill and would like to see HB 132 move
forward.
2:19:49 PM
MS. ELY, in response to Representative Johansen, offered that
the Southeast Alaska Conservation Council, the Sitka
Conservation and Tongass Conservation Society, and Lynn Canal
Conservation Society are all groups in Southeast Alaska. She
said she is not aware of any movement to make use of non-used
logging roads. However, she stated she was not aware of
activity but she did make a note to bring back to some of the
groups.
2:21:15 PM
LIBBY STERLING stated that she has commuted by bicycle in many
cities such as Portland, Oregon and Los Angeles, California,
prior to arriving in Juneau to work for the rickshaw company.
She stated she is in favor of HB 132. She offered one concern
is safety. She related she has had accidents due to negligent
drivers. She suggested that public service announcements or
other education to help make motorists and cyclists aware of the
respective responsibilities.
2:23:11 PM
BOB LAURIE, State Bicycle Pedestrian Coordinator, Statewide Plan
& Transit, Division of Program Development, Department of
Transportation & Public Facilities (DOT&PF), stated that the
national organization Rails to Trails Conservancy (RTC) is one
organization in Alaska. He explained in Yakutat an old fish
railroad is a project that the DOT&PF developed about ten years
ago. He explained that the Rails-with-Trails Conservancy
projects are trails adjacent to or within an active railroad
corridor, such as the Tony Knowles Coastal Trail in Anchorage.
He offered that the Anchorage trail is being held up as a
national example of bicycles, railroads, and trails which
coexist.
2:24:36 PM
REPRESENTATIVE GRUENBERG inquired as to whether the DOT&PF,
under HB 132 or other state laws currently has the ability to
provide assistance for persons and organizations to promote
bicycle education.
MR. LAURIE answered yes.
2:25:06 PM
REPRESENTATIVE JOHANSEN inquired as to whether the DOT&PF has a
proactive stance with the USFS to obtain access to old USFS
logging roads not used for timber harvest but that could be
great access for bicyclists.
MR. LAURIE said he did not know.
2:26:18 PM
BYRON BRODA characterized himself as a bicycle enthusiast. He
urged support for HB 132. He thanked the bill sponsors and
offered his belief that Alaska needs HB 132 to help address air
quality and health issues. He opined that bicycle safety is
very important. He also mentioned that the grant program could
provide Fairbanks a means of low-cost transportation. He
related his understanding that the annual bike swap is very
successful. He suggested that bike lanes and bike paths need to
be built and maintained. He opined that a bicyclist must carry
his/her own shovel or else must be able to ride on snow. He
further opined the bike paths for summer use also need work,
too. He urged support for HB 132.
2:29:02 PM
MATTHEW TURNER, Bicycle Friendly Sitka (BFS), speaking on behalf
of BFS, stated that Sitka is the first community in Alaska to be
recognized by the League of American Bicyclists as a bicycle
friendly community. He said he is excited about the bill since
it will facilitate getting more bikes in the hands of people who
need them. He related that providing bicycles addresses an
equity issue. At its core, people who cannot afford cars can
use bicycles in terms of income. He expressed concern that the
DOT&PF needs to put into place mechanisms to prevent competition
with existing bicycle rental or repair shops. He said:
My concern is to make sure that there are assurances
that whatever programs come about as a result of this
bill are not competing with existing bicycle shops,
either rental businesses or repair businesses. And
so, I know there's some nuance there, because I hope
that it's specific enough to prevent government
sponsored competition but still loose enough in its
regulations and writing that folks can respond
innovatively with programs to get bicycles to those in
need.
MR. TURNER quoted a friend who ran a bicycle shop, whose
philosophy was, "The more people that are riding bicycles, the
better for his business, whether he sells that bicycle or not."
He said once you become a bicyclist it become a habit. He said
he hopes the focus is to get bicycles in hands of those who
cannot afford to purchase a new one in a bicycle shop. He
opined that the long-term goal is to have those people become
consumers of for-profit organizations in the future.
2:32:01 PM
KRISTI WEST, Manager, Zach Gordon Youth Center (ZGYC), reported
a current bicycle program being offered by ZGYC called Bikes,
Bikes, Bikes (BBB), represents collaboration between the
Southeast Alaska Regional Health Consortium (SEARHC) Steps to a
Healthier SE Alaska grant and the Zach Gordon Youth Center. She
explained that the program allows students to learn bike
maintenance skills, and a means to be involved in bicycle use.
She explained that the program provides free bicycles for
community members to use around town. The availability of
bicycle promotes healthy transportation choices and potentially
reduces downtown motorized vehicle traffic and congestion. The
bicycle program has entered a partnership with the Juneau Police
Department to recycle bicycles that have been lost or stolen.
MS. WEST explained that BBB has also received helmets from the
Skyler Kim Foundation. The ZGYC provides a maintenance room
including bicycle stands, tools, and a bicycle maintenance
instructor six hours per week. She mentioned that students come
in to learn basic bicycle maintenance. Currently, the bicycles
are loaned out with weekly bicycle rides. She related her own
experiences of growing up riding bicycles and her assumption
that everyone else did, too. She expressed surprise to learn
that many students did not know how to ride. She emphasized
what is really needed is a good local safety program on
bicycling. She stated that those students who participate have
acquired skills and satisfaction of contributing to the
community project. She offered that 20 bicycles were acquired
from the JPD and ten bicycles were donated and all are available
for community use and checkout.
2:34:42 PM
MS. WEST recalled earlier testimony and offered that a local
bike entrepreneur gave ZGYC a good deal on bicycles. She
pointed out that he was really glad to get people out on bikes.
She stated that it is not about competition, but is about a
healthy lifestyle and the "greenness" of riding bicycles. She
noted the weekly rides as a recreational piece. She offered
that community members donate bicycles, and come to the center
to learn about maintenance and checkout bicycles. She commended
the availability of grants like the SEARHC Steps to a Healthier
SE Alaska grant, which have created an opportunity for the BBB
program. She related that the program is currently self-
sustaining. She mentioned that the SEARHC grant was $4,500 for
materials and contractual services, ZGYC provided $2,500 for
staff and in-kind donations annually, and the JPD police
provided $3,000 in in-kind donations in unclaimed bicycles. She
used another program to hire students to learn bicycle
maintenance. She urged support for HB 132.
2:36:45 PM
JANICE TOWER, Board Member, Arctic Bike Club (ABC), speaking on
behalf of the ABC stated that she would like to testify in
support of HB 132. She related she is in favor of legislation
that promotes safer commuter transportation by bicycle, which
encourages Alaskans to be more physically active. Additionally,
she suggested that routes to schools should be made safer and
employees should be encouraged to commute to work by bicycle.
She offered her belief that alternative modes to transportation
should be encouraged for economic advantages and health
benefits. She pointed out that the Municipality of Anchorage is
currently working on a draft bicycling plan which will promote
safe commuting options, improve bicycle facilities including
efforts to link bike routes on streets and multi-use side paths.
MS. TOWER stated several local activities promote bicycling,
such as a new organization called "Bicycle Commuters of
Anchorage (BCA)" promote safe transportation to and from work.
She mentioned that the BCA is also sponsoring the Alaska Bike
Summit scheduled for April 2009 in Anchorage. She related
events such as "Bike to Work Day" will take place in May 2009,
as well efforts to promote safer cycling. She mentioned that
three years ago Anchorage updated its bicycling ordinance to
modernize laws including a provision requiring helmets for
children under the age of 16. She opined that HB 132 will
support community efforts and grassroots organizations in
promoting safer cycling and the health benefits it provides.
2:39:32 PM
ROBERT SHIPLEY, Anchorage Trails and Greenways Coalition,
speaking on behalf of the ATGC, offered ATGC's support for HB
132. He explained the ATGC is a coalition that represents
members of the broader cycling community. He stated he is a 30
year cyclist and observer of some of the problems and needs of
cyclists. He recalled testimony with respect to safety which he
stressed is a big component of cycling issues. In addition to
the grants for purchase and loan programs, outreach and
education programs for safe and efficient use of cycles are just
as important. He reiterated prior testimony emphasizing that
programs need to be directed to cyclists and drivers. He
provided examples of outreach such as television, printed
brochures distributed at sport shops, drivers' licensing
offices, and police departments. He suggested improved street
signage similar to signage in Europe and cities in the Lower 48
such as Minneapolis and Portland. Additionally, he suggested
adding trail signage and street striping to help direct cyclists
and drivers. He related that grants could also be used for
helmets, and to promote rules of the road, which could also be
considered in outreach programs.
MR. SHIPLEY also suggested that more safe and secure bike rack
locations are necessary. He pointed out that a serious shortage
of bike racks exists in Alaskan cities such as Anchorage, which
is not conducive to regular bicycle commuting since a safe and
secure place is required near the cyclist's place of business.
He opined that transportation planning agencies such as
Anchorage Metropolitan Area Transportation Solutions (AMATS) and
similar organizations could be included in eligible groups to
receive grants. He recalled that federal ISTEA funding
discussed alternative transportation and to the extent
appropriate, he said he thought it would be a good team. He
reiterated ATGC's support for HB 132. He further suggested that
the bill should be amended to include support for outreach and
education safety programs.
CHAIR WILSON clarified that the Fairbanks Metropolitan Area
Transportation System (FMATS) is the only similar program in
Alaska similar to AMATS.
2:44:05 PM
LOIS EPSTEIN, Engineer, and Director, Alaska Transportation
Priorities Project (ATPP), stated the ATPP is a statewide
coalition consisting of conservation organizations, businesses,
individuals promoting sensible transportation systems in Alaska.
She related she has been a resident for about eight years. She
explained the ATPP is engaged in a national campaign for active
transportation. She offered that Anchorage, Palmer, and Wasilla
are part of 50 communities nationwide who work with the RTC.
Together the groups are seeking substantial federal funding for
walking and bicycling infrastructure and education in the next
federal authorization bill, she stated. She offered ATPP's
support for HB 132 as a first step towards strengthening active
transportation in Alaska.
MS. EPSTEIN stated that the ATTP also supports including the
grant program within the DOT&PF since its mission includes all
forms of transportation. She said, "This bill will put some
meat on the bones for DOT&PF's non-motorized transportation
responsibilities." She opined that benefits from increased
bicycling include reduced transportation costs, reduced
dependence on oil, improved individual and community health
through cleaner air, and decreased obesity rates. She suggested
that HB 132 may need to be amended to clarify its focus on
education grants as well as on bicycling infrastructure. She
offered statistics such that half the trips in the U.S. are
within a 20 minute bicycle ride but most are taken by car. She
offered her belief that this bill creates a more balanced
transportation system in Alaska and its passage would
demonstrate state support for the goals of the Alaska Campaign
for Active Transportation. If successful, the campaign could
bring $50 million in federal funding to Anchorage, Palmer, and
Wasilla, as well as the core area in-between for non-motorized
transportation upgrades. She related that the organization
already has support from the Matanuska-Susitna Borough, the MOA,
and Southcentral Foundation, and is currently working on
business support. She mentioned the campaign is supported by
the RTC.
2:47:03 PM
REPRESENTATIVE JOHANSEN recalled prior discussions with the
ATPP, and that the organization emphasized the importance of
road maintenance over building new roads. He inquired whether
the ATPP will support building new bicycle trails or repairing
existing roads if this bill passes and is funded.
MS. EPSTEIN related that the ATPP is interested in a balanced
transportation system. Currently, not a lot of money is
available for bicycling and pedestrian infrastructure. She
offered her belief that the vast majority of transportation
funding is spent on new roads. She recalled discussing new
roads and bridges versus maintenance of existing roads. She
said:
This is, this is a very, almost paltry amount of money
compared to what the road system is getting so I don't
really think it's a ... choice that is going to, you
know, result in an enormous pothole in a very heavily
used area versus building a bike trail. It's going to
be, it's going to support the transportation system as
a whole.
2:48:39 PM
KRISTI WOOD, Bicycle Commuters of Anchorage (BCA), stated that
she was relieved to hear the DOT&PF testimony on "complete
streets" since the number one excuse she hears from people who
do not commute by bicycle is that they do not believe they have
a safe route. She pointed out that the sidewalk is not a safe
alternative. She emphasized the need for more bicycle lanes,
and bicycle paths. She related that she is pleased to hear the
support for education and outreach. She also mentioned that the
BCA currently offers some programs to educate cyclists and hopes
to begin to educate motorists, as well.
2:49:47 PM
CHAIR WILSON, after first determining no one else wished to
testify, closed public testimony on HB 132.
2:50:10 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1,
labeled 26-LS0590\E.1, Kane, 3/19/09, which read:
Page 2, line 8, following "helmets,":
Insert "bicycle facilities,"
REPRESENTATIVE GRUENBERG explained that the phrase "bicycle
facilities" was inadvertently omitted. He related that the
phrase appears on page 1, line 11, but the language should also
appear on page 2. He inquired as to whether the prime sponsor
agrees with Amendment 1.
CHAIR WILSON objected for purpose of discussion.
REPRESENTATIVE SEATON stated that he agrees with Amendment 1.
CHAIR WILSON removed her objection. There being no further
objection, Amendment 1 was adopted.
2:51:46 PM
REPRESENTATIVE GRUENBERG moved to report the committee
substitute (CS) for HB 132, labeled 26-LS0590\E, Kane, 3/18/09,
as amended, out of committee with individual recommendations and
the accompanying fiscal notes.
There being no objection, CSHB 132(TRA) was reported from the
House Transportation Standing Committee.
2:52:07 PM
SB 111-INTRASTATE AIR SERVICE CERTIFICATES
2:52:23 PM
CHAIR WILSON announced that the final order of business would be
SENATE BILL NO. 111, "An Act relating to the duration of a
certificate of compliance for an intrastate air service
provider; and providing for an effective date."
2:52:40 PM
TIM BENINTENDI, Staff, Senator Donny Olson, Alaska State
Legislature, speaking on behalf of the prime sponsor, Senator
Donny Olson, stated SB 111 would align two timeframes that are
currently out of synch for the DOT&PF. He explained that
Certificates of Compliance are mandated by DOT&PF for public
display by intra-state air carriers to show the public the
carrier carries valid liability insurance. Currently, the
certificates are issued on a calendar basis, January to
December, yet air carrier insurance policies can start and end
throughout the year. He mentioned most renewals occur during
the year rather that on January 1. Thus, new and renewed
insurance necessitates that the certificates be renewed for a
second time, which waste time and money for all air carriers and
DOT&PF personnel. This bill would allow certificates "to float"
with the carrier's insurance period and the actual language
change would be from a calendar year to any 12-month period. He
related that the bill is supported by the air carriers.
2:54:15 PM
CHRISTINE KLEIN, Deputy Commissioner of Aviation, Office of the
Commissioner, related that the DOT&PF supports SB 111.
2:55:20 PM
CHAIR WILSON, after first determining no one else wished to
testify, closed public testimony on SB 111.
2:55:31 PM
REPRESENTATIVE MUNOZ moved to report SB 111 out of committee
with individual recommendations and the accompanying fiscal
note.
There being no objection, SB 111 was reported from the House
Transportation Standing Committee.
2:56:13 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 2:56
p.m.