00HOUSE BILL NO. 436                                                                                                    
01 "An Act relating to regulation of certain utilities by home rule or first class                                         
02 municipalities; and providing for an effective date."                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 42.05.711(b) is amended to read:                                                                  
05  (b)  Except as otherwise provided in this subsection, public utilities owned and                                      
06 operated by a political subdivision of the state, or electric operating entities established                            
07 as the instrumentality of two or more public utilities owned and operated by political                                  
08 subdivisions of the state, are exempt from this chapter, other than AS 42.05.221 -                                      
09 42.05.281 and 42.05.385.  However,                                                                                      
10   (1)  the governing body of a political subdivision may elect to be                                                   
11 subject to this chapter; [AND]                                                                                          
12   (2)  except as provided in (3) of this subsection,  a utility or electric                                          
13 operating entity that is owned and operated by a political subdivision and that directly                                
14 competes with another utility or electric operating entity is subject to this chapter ,  and                          

01 any other utility or electric operating entity owned and operated by the political                                      
02 subdivision is also subject to this chapter ; and                                                                      
03   (3)  a home rule or first class municipality that has adopted an                                                     
04 ordinance providing for comprehensive municipal regulation of public utilities and                                      
05 electric operating entities within the municipality may file the ordinance with the                                     
06 commission and request the commission to transfer regulation of public utilities                                        
07 and electric operating entities within the municipality to the municipality; the                                        
08 commission shall transfer regulatory authority to the municipality if it finds that                                     
09 the municipality owns and operates a utility or electric operating entity that                                          
10 directly competes with another utility or electric operating entity and that the                                        
11 ordinance meets the requirements of this paragraph .                                                                   
12    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).