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HB 172: "An Act exempting certain commercial refuse services from regulation under the Public Utilities Regulatory Act and providing for termination of that exemption."

00 HOUSE BILL NO. 172 01 "An Act exempting certain commercial refuse services from regulation under the Public 02 Utilities Regulatory Act and providing for termination of that exemption." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 42.05.711 is amended by adding a new subsection to read: 05 (q) The commercial refuse service provided by a utility that furnishes 06 collection and disposal service of garbage, refuse, trash, or other waste material is 07 exempt from the provisions of this chapter, other than the certification provisions of 08 AS 42.05.221 - 42.05.281, unless the subscribers to the utility's commercial refuse 09 service petition the commission for regulation under AS 42.05.712(h). 10 Notwithstanding AS 42.05.712(b) and (g), if subscribers representing 25 percent of the 11 gross revenue of the utility derived from commercial refuse service petition the 12 commission for regulation, the commercial refuse service provided by the utility is 13 subject to the provisions of this chapter. In this subsection, "commercial refuse 14 service" means furnishing collection and disposal service of garbage, refuse, trash, or

01 other waste material to the public for compensation using dumpsters or wheeled 02 containers of one cubic yard or greater in capacity. 03 * Sec. 2. AS 42.05.712(h) is amended to read: 04 (h) A utility or cooperative that is already exempt from regulation under this 05 section, a utility [OR] that is exempt from regulation under AS 42.05.711(e), (i), or 06 (k), or a utility that provides commercial refuse service whose service is exempt 07 from regulation under AS 42.05.711(q) may elect to terminate its exemption in the 08 same manner.