SENATE BILL REPORT

SB 5416

BYSenators Peterson, Patterson and Hansen; by request of Department of Transportation

Changing requirements for establishment of certain limited access facilities.

Senate Committee on Transportation

Senate Hearing Date(s):February 12, 1987

Majority Report:  Do pass.

      Signed by Senators Peterson, Chairman; Hansen, Vice Chairman; Tanner, Vice Chairman; Bailey, Bender, Conner, DeJarnatt, Garrett, Halsan, Patterson, Smitherman, West.

Senate Staff:Vicki Fabre (786-7313)

                  March 18, 1987

AS PASSED SENATE, MARCH 17, 1987

BACKGROUND:

Current law requires the Department of Transportation (DOT) to hold a public hearing prior to the establishment of a limited access facility.  Hearings are required on routes entirely within federal lands such as national forests or parks, or routes where access rights are required by other agencies and transferred to DOT.  In many instances considerable time, effort and funds are expended and little or no new public input is received.  In some instances, desirable revisions to existing access facilities, or the establishment of new access control, could be negotiated with abutting owners but are abandoned because of the time and cost of the hearing process.

The State and Federal Environmental Protection Acts and state Department of Transportation procedures require substantial public involvement on all major projects.  These requirements have led DOT to develop an extensive public involvement program which emphasizes public participation early in the planning process.

SUMMARY:

The establishment of access control without a public hearing is permitted after the publication of a notice of opportunity for a limited access hearing and no requests for a hearing are received.  This grant of authority is subject to the following conditions:  (1) The limited access facility lies entirely within state or federal lands and the agencies with jurisdiction agree to the access plan; or (2) the access rights to the affected section of roadway have previously been purchased or established by others; or (3) the limited access facility would not significantly change local road use and all affected agencies and abutting property owners agree in writing that a hearing is not necessary.  DOT must submit an access report and hold a hearing if abutting property owners or affected agencies request a hearing on or before the date stated in the notice for a hearing.

Notice of the hearing is given by mail, or publication in a newspaper of general circulation.

Fiscal Note:      requested

Senate Committee - Testified: Clyde Slemmer, Department of Transportation