AS Title 44, Chapter 42: Department of Transportation and Public Facilities

Article 1. Department Organization and Functions. Chapter 42. Department of Transportation and Public Facilities. Sec. 44.42.010. Commissioner of transportation and public facilities. The principal executive officer of the Department of Transportation and Public Facilities is the commissioner of transportation and public facilities. Sec. 44.42.020. Powers and duties. (a) The department shall (1) plan, design, construct, and maintain all state modes of transportation and transportation facilities and all docks, floats, breakwaters, buildings, and similar facilities; (2) study existing transportation modes and facilities in the state to determine how they might be improved or whether they should continue to be maintained; (3) study alternative means of improving transportation in the state with regard to the economic costs of each alternative and its environmental and social effects; (4) develop a comprehensive, long-range, intermodal transportation plan for the state; (5) study alternatives to existing modes of transportation in urban areas and develop plans to improve urban transportation; (6) cooperate and coordinate with and enter into agreements with federal, state, and local government agencies and private organizations and persons in exercising its powers and duties; (7) manage, operate, and maintain state transportation facilities and all docks, floats, breakwaters, and buildings, including all state highways, vessels, railroads, pipelines, airports, and aviation facilities; (8) study alternative means of transportation in the state, considering the economic, social, and environmental effects of each alternative; (9) coordinate and develop state and regional transportation systems, considering deletions, additions, and the absence of alterations; (10) develop facility program plans for transportation and state buildings, docks, and breakwaters required to implement the duties set out in this section, including but not limited to functional performance criteria and schedules for completion; (11) supervise and maintain all state automotive and mechanical equipment, aircraft, and vessels, except vessels and aircraft used by the Department of Fish and Game or the Department of Public Safety; for state vehicles maintained by the department, the department shall, every five years, evaluate the cost, efficiency, and commercial availability of alternative fuels for automotive purposes, and the purpose for which the vehicles are intended to be used, and convert vehicles to use alternative fuels or purchase energy efficient vehicles whenever practicable; the department may participate in joint ventures with public or private partners that will foster the availability of alternative fuels for all automotive fuel consumers; (12) supervise aeronautics inside the state, under AS 02.10 ; (13) implement the safety and financial responsibility requirements for air carriers under AS 02.40 ; (14) inspect weights and measures; (15) at least every four years, study alternatives available to finance transportation systems in order to provide an adequate level of funding to sustain and improve the state's transportation system; (16) allot space to and manage space in state buildings for the various departments according to need and available space. (b) The department may (1) engage in experimental projects relating to available or future modes of transportation and any means of improving existing transportation facilities and service; (2) exercise the power of eminent domain, including the declaration of taking as provided in AS 09.55 ; (3) publish plans, schedules, directories, guides, and manuals for distribution, with or without charge, to private or public entities or persons; (4) operate state housing in support of the department's statutory responsibilities and charge rent that is consistent with applicable collective bargaining agreements, or, if no collective bargaining agreement is applicable, competitive with market conditions; (5) charge reasonable fees to cover the costs of issuing easements, licenses, and permits and to cover the costs of reproduction, printing, mailing, and distribution of contract and bid documents and design and construction standards manuals; (6) charge and collect fees for training services and technical assistance provided by department personnel; (7) acquire an interest in land by lease of space under AS 36.30 (State Procurement Code) and dispose of the same. Sec. 44.42.025. Accounting and disposition of receipts. [Repealed, § 92 ch 36 SLA 1990.] Sec. 44.42.030. Regulations. The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement, interpret, or make more specific its powers and duties. Sec. 44.42.040. Departmental organization. The commissioner shall establish regions within the state. The functions of the department within each region shall be performed, to the maximum extent feasible, through a regional office. Each regional office shall be directed by a regional transportation and public facilities director appointed by the commissioner. Sec. 44.42.050. State transportation plan. (a) The commissioner shall develop a comprehensive, intermodal, long-range transportation plan for the state. The commissioner shall incorporate the comprehensive long-range plan prepared under AS 19.65.011 into the plan developed under this section. The plan may be developed in multiple documents that address logical components, including geographic areas, modes of transportation, transportation corridors, systems, and other distinct subjects relevant to transportation planning. The components of the plan shall be revised as the commissioner determines appropriate. In developing and revising the state plan, the commissioner shall conform to the requirements for the eligibility and use of federal and other funds, as applicable. Upon approval of each component of the plan by the commissioner, the commissioner shall transmit notice of the approval of that component to the governor and to the legislature. (b) In developing and revising the plan, the commissioner shall seek public review and evaluation by any reasonable means and may (1) consult and cooperate with officials and representatives of the federal government, other governments, interstate commissions and authorities, local agencies and authorities, interested corporations and other organizations concerning problems affecting transportation in the state; and (2) request from an agency or other unit of the state government or of a political subdivision of it, or from a public authority, the assistance and data that may be necessary to enable the commissioner to carry out responsibilities under this section; every such entity shall provide the assistance and data requested. (c) Copies of the plan, as revised, shall be kept on file as a public document in the office of the commissioner and at each regional office of the department. (d) The commissioner shall develop a list of projects scheduled for design, construction, or other necessary activities for a period of not less than two years that is consistent with the plan developed under (a) of this section. The list of projects is in addition to the long-range plan required by (a) of this section. The list of projects must include an estimate of federal, state, and other funds anticipated to be received to fund the projects and a description, location, and itemization of the estimated cost for each project and the total cost of all projects. (e) In evaluating new highways, airports, terminals, ferries, and other major components for inclusion in the plan, the commissioner shall prepare a cost-effectiveness analysis using a consistent methodology. A cost-effectiveness analysis is not required for a project that involves the rehabilitation and maintenance of an existing transportation system or that primarily serves local transportation needs. Sec. 44.42.055. State public facilities plan. [Repealed, § 19 ch 6 SLA 1998.] Sec. 44.42.060. Gifts, donations, and grants to the department. (a) The commissioner may apply for and accept, on behalf of the state, grants from the federal government or an agency of it, or from another state, a foundation, or any person, for any of the functions or purposes of the department. (b) The department may accept gifts, donations, and grants from a person or agency for the purpose of providing signage for an asset under the control of the department. All gifts, donations, and grants shall be used in accordance with a memorandum of understanding agreed on by the donor and the department. Any signage created under this subsection is subject to the necessary funds being collected from the donor. State funds may not be expended for signage under this subsection until the necessary funds have been collected from the donor. (c) Nothing in this section prevents the state from using state funds to provide signage for an asset under the control of the department. Sec. 44.42.065. Conservation of energy in public buildings. (a) The department shall, at least once every seven years, perform an energy audit of each public building. (b) The department shall include in each energy audit required by (a) of this section recommendations for corrective measures to improve the energy efficiency and to minimize the life-cycle cost of the public building surveyed. These measures may include (1) energy conservation measures, (2) measures involving solar technology and other alternative energy systems, (3) energy management, and (4) maintenance and operating procedures and energy-related modifications. In recommending the corrective measures, the department shall give priority to changes in maintenance and operating procedures over measures requiring substantial structural modification or installation of equipment. (c) In this section, “energy audit” means a determination of (1) the energy consumption characteristics of a building, including the size, type, and rate of energy consumption of major energy-consuming systems of the building and the climate characterizing the region where the building is located; and (2) a determination of the energy conservation and cost savings likely to result from appropriate energy-conserving maintenance and operating procedures and modifications, including the purchase and installation of energy-related fixtures. Sec. 44.42.067. Retrofits and new construction for energy efficiency; energy efficiency report. (a) Not later than January 1, 2020, the department shall work with other state agencies to retrofit at least 25 percent of all public facilities, starting with those it determines are the least energy efficient, if the department determines that retrofitting the public facilities will result in a net savings in energy costs to the state within 15 years after completion of the retrofits for a public facility and if funding for the retrofits is available. (b) A retrofit or deferred maintenance of a public facility performed under this section, to the extent feasible, shall meet or exceed the most recently published edition of the ASHRAE/IESNA Standard 90.1, Energy Standard for Buildings Except for Low-Rise Residential Buildings, as published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. (c) New construction of a public facility under this section shall meet or exceed the most recently published edition of the ASHRAE/IESNA Standard 90.1, Energy Standard for Buildings Except for Low-Rise Residential Buildings, as published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. (d) Not later than January 1 of each year, the department, in consultation with the Department of Administration, shall submit a report to the legislature detailing the department's progress in meeting the requirements of this section to reduce state energy consumption and costs and carrying out the duties listed in AS 44.42.020 as they relate to energy use. The department shall include in the report an analysis of the consumption and expense data recorded by the office of management and budget under AS 37.07.040 , comparing energy consumption levels in each year with past years to determine if reductions are being achieved. (e) In this section, “public facility” means a facility owned and controlled by the state for government or public use that is 10,000 square feet or more and is not a legislative building or court building. Sec. 44.42.070. Limitation on transportation facilities. The department shall consult with the appropriate officials of other departments regarding environmental risks and economic and social considerations that may arise by reason of the location, design, construction, or reconstruction of a transportation facility. Sec. 44.42.080. Capital projects funds. [Repealed, § 19 ch 61 SLA 2014.] Sec. 44.42.085. Comprehensive long-range community and public transportation plan. (a) The commissioner shall (1) prepare a comprehensive long-range plan for the development and improvement of coordinated community and public transportation; and (2) revise and update the plan at intervals determined by the commissioner. (b) The department shall submit the comprehensive long-range plan and revisions and updates of the plan to the governor and the legislature. §§ 44.42.090 — 44.42.095. Alaska Community and Public Transportation Advisory Board; powers, duties, and functions of the Alaska Community and Public Transportation Advisory Board. Article 2. Aviation Advisory Board. Sec. 44.42.200. Aviation Advisory Board. The Aviation Advisory Board is established in the department. Sec. 44.42.210. Purpose of the board. (a) The purpose of the board is to advise and provide recommendations to the commissioner on public policy related to the department's exercise of its aviation functions assigned by law. (b) Before filling, on a permanent basis, the position of chief administrative officer of the Ted Stevens Anchorage International Airport or the Fairbanks International Airport, the commissioner shall consult with the board concerning candidates to fill the position. Sec. 44.42.220. Meetings; hearings; records. (a) The board shall meet at least once each year as requested by the commissioner, or more frequently as determined appropriate by the chair of the board, to carry out its advisory functions. The board may hold public hearings and use other means to solicit information from the public and other interested persons necessary to carry out its advisory functions. Meetings of the board are subject to AS AS 44.62.310 — 44.62.319 (Open Meetings Act). (b) Records of the board are subject to AS 40.25.110 — 40.25.120. Sec. 44.42.230. Composition of the board. (a) The Aviation Advisory Board consists of the following 11 members, who are appointed by and serve at the pleasure of the governor: (1) a member who represents a statewide trade association of air carriers doing business in diverse regions of the state and serving both rural and international airports; (2) a member who represents a statewide membership organization of pilots, aircraft owners, and other aviation supporters, organized to promote noncommercial aviation in the state; (3) a member who represents air carriers signatory to the Alaska international airport system operating agreement; (4) a member who owns or is employed by a regional air carrier in the state; (5) a member who is a community leader residing in the unorganized borough of the state; (6) a member who represents the mayor of the Municipality of Anchorage; (7) a member who jointly represents the mayors of the City of Fairbanks and the Fairbanks North Star Borough; (8) a member who represents the tenants of the Alaska international airport system, but does not represent an air carrier; (9) a member who represents an air carrier engaged exclusively in the air cargo business in the state; and (10) two members who represent other interests that the governor determines appropriate to advise on aviation activities in the state. (b) To provide geographic balance on the board, the governor shall appoint at least one member from each of the four judicial districts of the state. (c) The governor shall designate a member of the board to serve as chair of the board, or, at the governor's request, the board shall elect a chair from among its members who are not state officers or employees. (d) Members of the board are appointed for staggered three-year terms and serve until a successor is appointed. A member appointed to fill a vacancy on the board serves for the remainder of the unexpired term of the member whose vacancy is being filled. Sec. 44.42.240. Compensation, transportation expenses, and per diem. Board members receive no compensation as members of the board. Board members who are not state officers or employees are entitled to transportation expenses and per diem as provided in AS 39.20.180 for members of state boards and commissions. Sec. 44.42.290. Definitions. In AS 44.42.200 — 44.42.290, (1) “Alaska international airport system” means the Ted Stevens Anchorage International Airport and the Fairbanks International Airport; (2) “board” means the Aviation Advisory Board established in AS 44.42.200 . Article 3. Certain Federal Highway Programs. Sec. 44.42.300. Participation in certain federal highway programs. (a) The department may (1) assume responsibilities under 23 U.S.C. 325 — 327, including (A) the filing of applications with the United States Department of Transportation under 23 U.S.C. 325(c)(1) and 23 U.S.C. 327(b)(2); and (B) taking those actions necessary to meet the application requirements established under 23 U.S.C. 325(c)(3) and 23 U.S.C. 327(b)(4); (2) enter one or more memoranda of understanding with the United States Department of Transportation related to federal highway programs as provided in 23 U.S.C. 325 — 327; (3) accept, receive, and administer grants, other money, or gifts from public and private agencies, including the federal government, for the purpose of carrying out the programs authorized under this section; and (4) cooperate with the federal government in implementing this section and any memorandum of understanding entered into under this section. (b) Notwithstanding any contrary provisions of law, in implementing a program under this section that is approved by the United States Department of Transportation, the department is authorized to (1) perform or conduct any of the activities described in any memorandum entered into under 23 U.S.C. 325, 23 U.S.C. 326, or 23 U.S.C. 327; (2) take actions necessary to implement the program; and (3) adopt relevant federal environmental standards as the standards for this state for the programs described in (a) of this section. (c) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out this section. (d) Except for actions alleging independent negligence by the state or its employees, an action may not be brought against the state or employees of the state for a claim arising out of design, operations, maintenance, or construction activities performed by, or under the management of, federally recognized tribes in Alaska acting in furtherance of the Indian Reservation Roads Program under 25 C.F.R. 170 or the Indian Reservation Roads Bridge Program under 23 U.S.C. 202, and the program or relevant state-tribal agreement requires compliance with all applicable federal and state standards. In this subsection, “independent negligence” means negligence that is not due to the state's selection, supervision, administration, monitoring, or controlling of the activities of the tribe, the tribe's agents, employees, or contractors, or the state's approving or accepting any of the work performed under programs listed in this subsection. Article 4. Use of Materials Containing Naturally Occurring Asbestos. Sec. 44.42.400. Administration and designated areas. (a) The department shall designate a single employee who reports to the commissioner to oversee the duties assigned to the department in AS 44.42.400 — 44.42.430 and to serve as the point of contact for inquiries related to projects using gravel or other aggregate material containing naturally occurring asbestos. (b) An area that includes land within a municipality or community may be designated by the department as an area in which certain landowners and contractors are granted immunity under AS 09.65.245 (a) for causing asbestos-related injuries only if the municipality or community requests that designation. A municipality or community may request to become an area designated by the department under this subsection by submitting an application to the department. The department may approve an application received under this subsection only after reviewing tests documenting the presence of naturally occurring asbestos in that area, analyzing the effect of the presence of naturally occurring asbestos on construction projects in the area, considering the availability of gravel or other aggregate material free from naturally occurring asbestos in the area, and soliciting public input from residents in the affected municipality or community. The department may require a municipality or community that applies to become a designated area to provide the department with tests documenting the presence of naturally occurring asbestos, information related to the effect of the presence of naturally occurring asbestos on construction projects in the area, information related to availability of gravel or other aggregate material free from naturally occurring asbestos, and other information relevant to the application. After designating an area after approval of an application under this subsection, the department shall notify, including through signage, potentially affected persons that the area has been designated as an area where immunity may be granted under AS 09.65.245 (a) for certain landowners and contractors causing asbestos-related injuries. (c) In places that do not include a municipality or community, the department may designate an area in which certain landowners and contractors are granted immunity under AS 09.65.245 (a) for causing asbestos-related injuries. Before designating an area under this subsection, the department shall document the presence of naturally occurring asbestos in that area, analyze the effect of the presence of naturally occurring asbestos on construction projects in the area, consider the availability of gravel or other aggregate material free from naturally occurring asbestos in the area, and solicit public input from potentially affected persons. After designating an area under this subsection, the department shall notify, including through signage, potentially affected persons that the area has been designated as an area where immunity may be granted under AS 09.65.245 (a) for certain landowners and contractors causing asbestos-related injuries. (d) In this section, “community” means a place in the unorganized borough, in a borough, or in a unified municipality that is not incorporated as a municipality, that is not a reserve, and in which 25 or more individuals reside as a social unit. Sec. 44.42.410. Site-specific use plan. (a) To qualify for the immunity provided under AS 09.65.245 (a)(2), a contractor intending to use, within an area designated by the department under AS 44.42.400 (b) or (c), gravel or other aggregate material that, when tested using a bulk test method prescribed by the department in regulation, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass, shall, after consulting with the owner of the land on which the gravel or other aggregate material containing naturally occurring asbestos will be placed, submit a site-specific use plan to the department that (1) describes the manner in which the proposed use of gravel or other aggregate material that contains naturally occurring asbestos conforms to the standards adopted under AS 44.42.420 (b); (2) demonstrates how the proposed construction operation and maintenance practices comply with those that are required and those that are minimally acceptable, as described in AS 44.42.420 (b)(5), and otherwise meet requirements of law applicable to the handling of compounds that contain asbestos; (3) outlines the efforts that will be made, as a component of long-term maintenance on the completed project or facility, to ensure that human health and air quality are not compromised by the use of the gravel or other aggregate material that contains naturally occurring asbestos; (4) describes how the gravel or other aggregate material to be used can be contained underneath the project or buried so that asbestos fibers cannot become airborne or otherwise transferred outside of the project area, except as provided in (5) and (6) of this subsection; (5) if the requirements in (4) of this subsection are economically unreasonable, describes how the gravel or other aggregate material to be used will be sealed, including chip sealing or mixing with asphalt, in order to prevent asbestos fibers from becoming airborne or otherwise transferred outside of the project area, except as provided in (6) of this subsection; and (6) if the requirements under (4) and (5) of this subsection are economically unreasonable, describes how the gravel or other aggregate material will be used in order to prevent asbestos from becoming airborne or otherwise transferred outside of the project area, including how the gravel or other aggregate material will be used in order to prevent asbestos from becoming airborne because of vehicle traffic, road maintenance, or grading, if applicable. (b) To qualify for and preserve the immunity provided under AS 09.65.245 (a)(2), the department, in its operating procedures applicable to a project that is a transportation facility, including a public highway, airport, or pipeline or railroad track bed, or a public work, as that term is defined in AS 35.95.100 , and for which the contractor intends to use, within an area designated by the department under AS 44.42.400 (b) or (c), gravel or other aggregate material that, when tested using a bulk testing method prescribed by the department in regulation, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass, shall require that (1) the contractor submit a plan that details the use of gravel or other aggregate material in the construction or maintenance of the transportation project or public facility in accordance with the requirements of (a) of this section and regulations developed under AS 44.42.420 ; (2) before the extraction of the gravel or other aggregate material containing naturally occurring asbestos may begin, the plan be approved and returned to the contractor by the department; (3) the contractor adhere to the monitoring, mitigation, and site-specific use plans. (c) The department shall review each submitted site-specific use plan and shall work toward approving or disapproving the plan, taking into consideration the construction season in the project location. (d) The department may not approve a plan for construction with gravel or other aggregate material determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass unless (1) the department determines that it is economically unreasonable to undertake the construction project with gravel or other aggregate material free from naturally occurring asbestos; and (2) the completed project will not use gravel or other aggregate material containing naturally occurring asbestos for a surface application except if the material to be used for the surface application is treated or bound with a surface compound, including chip seal or asphalt, approved by the department. (e) On receiving a plan that meets the requirements of (a) and (d) of this section and the regulations adopted under AS 44.42.420 , the department, in consultation with the Department of Environmental Conservation, the Department of Health, the Department of Natural Resources, the Department of Law, and the Department of Labor and Workforce Development, shall develop a monitoring and mitigation plan for the project. If the site-specific use plan is approved, the monitoring and mitigation plan developed by the department shall be attached to the site-specific use plan. To qualify for the immunity provided in AS 09.65.245 (a)(2), the party that has direct control over or responsibility for the monitoring or mitigation shall comply with the monitoring or mitigation plan developed by the department. (f) On approval of a site-specific use plan, the department (1) shall provide to the contractor a copy of the approved site-specific use plan that includes (A) the monitoring and mitigation plan developed under (e) of this section; (B) a requirement that all asbestos-related data collected by the contractor during or after construction be submitted to the department; and (C) recommended methods for reducing exposure to airborne asbestos fibers; (2) shall provide a copy of the site-specific use plan, including the monitoring and mitigation plan, to the mayor or manager of a municipality affected by the use of gravel or other aggregate material containing naturally occurring asbestos; and (3) may provide to the contractor copies of the United States Occupational Safety and Health Administration, United States Mine Safety and Health Administration, and United States Environmental Protection Agency recommended practices for handling and use of gravel or other aggregate material containing naturally occurring asbestos. (g) Within 60 days after completing a project in accordance with a site-specific use plan approved by the department, the contractor shall record in the recording district where the property is located a document that includes a description of the affected property, a reference to the most recent recorded conveyance of that property, and a notice indicating the presence of naturally occurring asbestos, and stating that subsequent interest holders may have legal obligations with respect to preventing the naturally occurring asbestos from becoming airborne or otherwise transferred outside of the project area. The contractor shall provide written notification to the department and the landowner that the document has been recorded. (h) The contractor shall submit to the department the results of any monitoring or testing performed in accordance with the site-specific use plan and any mitigation measures undertaken. Sec. 44.42.420. Regulations. (a) The department, after consultation with the Department of Environmental Conservation, the Department of Health, the Department of Natural Resources, the Department of Law, and the Department of Labor and Workforce Development, shall prescribe in regulation a bulk testing method for gravel or other aggregate material containing naturally occurring asbestos. (b) The department, after consultation with the Department of Environmental Conservation, the Department of Health, the Department of Natural Resources, the Department of Law, and the Department of Labor and Workforce Development, may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement AS 44.42.400 — 44.42.430, including regulations revising statewide standards on the use in the construction and maintenance of transportation projects and public facilities of gravel or other aggregate material that, when tested using a bulk test method prescribed by the department by regulation, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass. The regulations adopted under this subsection must include (1) procedures for completing site investigations and characterizations of proposed projects, including the development and description of appropriate laboratory practices; (2) procedures for reviewing design alternatives and preparing and evaluating appropriate comparative cost analyses that consider the use of gravel or other aggregate material that does not contain naturally occurring asbestos; (3) procedures for evaluating human health concerns arising out of gravel or other aggregate material that contains naturally occurring asbestos and documentation of methods and means to be used during periods of handling of the gravel or other aggregate material to ensure compliance with appropriate workplace safety and air quality standards relating to the project and to ensure the health and safety of communities affected by construction projects that use gravel or other aggregate material containing naturally occurring asbestos; (4) procedures for preparing designs and design specifications for facilities involving use of gravel or other aggregate material that contains naturally occurring asbestos; (5) procedures for outlining construction operation and maintenance practices that are required and those that are minimally acceptable to meet requirements of law applicable to the handling of compounds that contain asbestos; (6) procedures for processing, reviewing, and approving or disapproving site-specific use plans and area designation requests received under AS 44.42.400 (b) in a uniform manner; (7) guidelines to analyze the cost of a project; (8) guidelines for determining whether the cost associated with the use of gravel or other aggregate material free from naturally occurring asbestos under AS 44.42.410 (d) is economically unreasonable; (9) guidelines for determining whether the cost associated with burying or sealing gravel or other aggregate material containing naturally occurring asbestos under AS 44.42.410 (a)(2) and (3) is economically unreasonable; (10) guidelines for establishing areas designated under AS 44.42.400 (b) or (c) that take into account the effect on human health in and around the designated area and environmental factors affecting the transfer of asbestos fibers within and outside of a designated area. Sec. 44.42.430. Definitions. In AS 44.42.400 — 44.42.430, (1) “contractor” means the principal construction contractor or, in the absence of an identified principal construction contractor, the person having legal authority for the design and construction of the project; (2) “naturally occurring asbestos” means chrysotile, amosite, crocidolite, fibrous tremolite, fibrous anthophyllite, and fibrous actinolite asbestos-containing material that has not been processed in an asbestos mill and that, when tested using a bulk method prescribed by the Department of Transportation and Public Facilities by regulation, is determined to have a content equal to or greater than 0.25 percent naturally occurring asbestos by mass. Article 5. General Provisions. Sec. 44.42.900. Definitions. In this chapter, unless the context requires otherwise, (1) “commissioner” means the commissioner of transportation and public facilities; (2) “department” means the Department of Transportation and Public Facilities; (3) “transportation” or “transportation mode” includes, but is not limited to, the following means of conveyance or travel, including their related or auxiliary structures, facilities, or services: air, rail, water, highway and pipeline.