CSSB 371(TRA): "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; relating to a long-range program for highway construction and maintenance; and providing for an effective date."

00 CS FOR SENATE BILL NO. 371(TRA) 01 "An Act relating to the powers and duties of the Department of Transportation and 02 Public Facilities; relating to a long-range program for highway construction and 03 maintenance; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE AND INTENT OF SECTION 4 OF THIS ACT. (a) The purpose of the 08 amendment of AS 44.42.050(a) by sec. 4 of this Act is to validate and affirm the long- 09 standing practice of the state with regard to the procedures used by the state for the planning 10 of transportation projects and to ensure the validity of all existing administrative regulations 11 of the Department of Transportation and Public Facilities. 12 (b) It is the intent of the legislature in amending of AS 44.42.050(a) to expressly 13 overrule the decision of the Alaska Superior Court in Trout Unlimited v. State, 3AN-02- 14 09363 Civil, and to affirm the validity of the state transportation planning process.

01 * Sec. 2. AS 19.10.140 is amended to read: 02 Sec. 19.10.140. Long-range program for highway construction and 03 maintenance. The [GOVERNOR SHALL REQUIRE THE] department may [TO] 04 establish a continuing, long-range program for highway construction and maintenance. 05 The program must periodically [ANNUALLY] project proposed construction and 06 maintenance of highways for not less than the next succeeding two [FIVE] years. The 07 program shall become part of the state transportation plan developed under 08 AS 44.42.050 [A STATEMENT OF THE PROGRAM SHALL BE SUBMITTED 09 BY THE GOVERNOR TO THE LEGISLATURE ANNUALLY, AND THE LONG- 10 RANGE PROGRAM SHALL INCLUDE IN DETAIL THE PROGRAM PREPARED 11 UNDER AS 19.10.150]. 12 * Sec. 3. AS 44.42.020(a) is amended to read: 13 (a) The department shall 14 (1) plan, design, construct, and maintain all state modes of 15 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 16 and similar facilities; 17 (2) study existing transportation modes and facilities in the state to 18 determine how they might be improved or whether they should continue to be 19 maintained; 20 (3) study alternative means of improving transportation in the state 21 with regard to the economic costs of each alternative and its environmental and social 22 effects; 23 (4) develop a comprehensive, long-range, intermodal transportation 24 plan for the state; 25 (5) study alternatives to existing modes of transportation in urban areas 26 and develop plans to improve urban transportation; 27 (6) cooperate and coordinate with and enter into agreements with 28 federal, state, and local government agencies and private organizations and persons in 29 exercising its powers and duties; 30 (7) manage, operate, and maintain state transportation facilities and all 31 docks, floats, breakwaters, and buildings, including all state highways, vessels,

01 railroads, pipelines, airports, and aviation facilities; 02 (8) study alternative means of transportation in the state, considering 03 the economic, social, and environmental effects of each alternative; 04 (9) coordinate and develop state and regional transportation systems, 05 considering deletions, additions, and the absence of alterations; 06 (10) develop facility program plans for transportation and state 07 buildings, docks, and breakwaters required to implement the duties set out in this 08 section, including but not limited to functional performance criteria and schedules for 09 completion; 10 (11) supervise and maintain all state automotive and mechanical 11 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 12 Fish and Game or the Department of Public Safety; for state vehicles maintained by 13 the department, the department shall periodically [ANNUALLY] evaluate the cost, 14 efficiency, and commercial availability of alternative fuels [NATURAL GAS] for 15 automotive purposes, and the purpose for which the vehicles are intended to be used, 16 and convert or purchase vehicles to use alternative fuels [UTILIZE NATURAL 17 GAS] whenever practicable; the department may participate in joint ventures with 18 public or private partners that will foster the availability of alternative fuels 19 [NATURAL GAS] for all automotive fuel consumers; 20 (12) supervise aeronautics inside the state, under AS 02.10; 21 (13) complete and maintain a current inventory of public facilities, 22 including a projection of the serviceability of the facilities and projections of 23 replacements and additions to facilities needed to provide the level of services 24 programmed by the various user agencies, for municipalities with populations of less 25 than 12,000 and for unincorporated communities, and perform those duties on a 26 cooperative basis with larger municipalities; 27 (14) adopt energy performance standards for public facilities of the 28 state, the construction of which begins after July 1, 1980; the standards shall be based 29 on thermal and lighting energy standards established by the American Society of 30 Heating, Refrigeration and Air Conditioning Engineers as adapted for application in 31 high latitude, cold climate environs;

01 (15) provide planning assistance, including but not limited to energy 02 audits and related technical services, to school districts and regional educational 03 attendance areas to develop and implement 04 (A) standards for the design, construction, and operation of 05 rural educational facilities; and 06 (B) energy conservation measures for rural educational 07 facilities; 08 (16) implement the safety and financial responsibility requirements for 09 air carriers under AS 02.40; 10 (17) inspect weights and measures. 11 * Sec. 4. AS 44.42.050(a) is amended to read: 12 (a) The commissioner shall develop [ANNUALLY] a comprehensive, 13 intermodal, long-range transportation plan for the state. The plan may be developed 14 in separate documents and divided into logical components, including geographic 15 areas, modes of transportation, transportation corridors, systems, and other 16 distinct subjects. In developing and revising the state plan, the commissioner may 17 [SHALL] consider the requirements of 23 U.S.C. 135, as amended. Upon 18 approval of the plan by the commissioner, the commissioner may transmit the 19 plan to the governor and [MEANS AND COSTS OF IMPROVING EXISTING 20 MODES AND FACILITIES, STATE AND FEDERAL SUBSIDIES, AND THE 21 COSTS AND BENEFITS OF NEW TRANSPORTATION MODES AND 22 FACILITIES. THE COMMISSIONER SHALL ALSO CONSIDER THE 23 RECOMMENDATION OF THE ALASKA TRANSPORTATION PLANNING 24 COUNCIL. THE PLAN SHALL BE SUBMITTED TO THE GOVERNOR FOR 25 REVIEW AND APPROVAL AND SUBMITTED BY THE GOVERNOR TO] the 26 legislature. 27 * Sec. 5. AS 44.42.050(d) is amended to read: 28 (d) The commissioner shall periodically develop a program [PLAN MUST 29 INCLUDE A DESCRIPTION] of projects planned for design and construction for a 30 period of not less than [THE FOLLOWING] two years that implement the plan 31 developed under (a) of this section. In developing the program of projects, the

01 commissioner may consider the requirements of 23 U.S.C. 135, as amended. The 02 program [DESCRIPTION] is in addition to the long-range plan required by (a) of this 03 section [AND BY AS 19.10.140]. The program [DESCRIPTION] must include an 04 estimate of federal, state, and other funds anticipated to be received and a 05 description, location, and itemization of the estimated cost for each project and the 06 total cost of all projects. The commissioner shall propose and forward to the governor 07 for review and approval [AND INCLUSION, AS APPROVED, IN THE CAPITAL 08 BUDGET] a construction program that includes the projects to be undertaken during 09 the following year [TWO YEARS], including recommended project priorities. 10 [FUNDS FOR TRANSPORTATION CONSTRUCTION PROJECTS AND 11 NECESSARY CONTINGENCIES SHALL BE ITEMIZED AS ALLOCATIONS 12 WITHIN THE BILL FOR THE GENERAL APPROPRIATIONS ACT.] 13 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 RETROSPECTIVITY. Section 4 of this Act is retrospective to July 1, 1977. 16 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).