00                      CS FOR SENATE BILL NO. 173(RES)                                                                   
01 "An Act relating to the liability of a person for the release of certain pesticides from a                              
02 wood utility pole."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 09.65 is amended by adding a new section to read:                                                  
05 Sec. 09.65.243. Liability of persons for the application of pesticides on a                                           
06 utility pole. (a) Notwithstanding AS 46.03.822(a), a person is not subject to liability                               
07 under AS 46.03.822 for costs or damages, as defined in AS 46.03.822(m), for the                                         
08 release of a pesticide registered under 7 U.S.C. 136-136y (Federal Insecticide,                                         
09       Fungicide, and Rodenticide Act) if                                                                                
10                 (1)  the release resulted during the installation, use, or removal of a                                 
11       wood utility pole treated with the registered pesticide; and                                                      
12                 (2)  the use of the utility pole is or was intended to provide a utility                                
13       service in the state.                                                                                             
14            (b)  For purposes of this section, "person" has the meaning given in                                         
15       AS 46.03.900.                                                                                                     

01    * Sec. 2. AS 46.03.822(a) is amended to read:                                                                      
02 (a)  Notwithstanding any other provision or rule of law and subject only to the                                         
03 defenses set out in (b) of this section, the exception set out in (i) of this section, the                              
04 exceptions [EXCEPTION] set out in AS 09.65.240 and 09.65.243, and the limitation                                
05 on liability provided under AS 46.03.825, the following persons are strictly liable,                                    
06 jointly and severally, for damages, for the costs of response, containment, removal, or                                 
07 remedial action incurred by the state, a municipality, or a village, and for the                                        
08 additional costs of a function or service, including administrative expenses for the                                    
09 incremental costs of providing the function or service, that are incurred by the state, a                               
10 municipality, or a village, and the costs of projects or activities that are delayed or lost                            
11 because of the efforts of the state, the municipality, or the village, resulting from an                                
12 unpermitted release of a hazardous substance or, with respect to response costs, the                                    
13       substantial threat of an unpermitted release of a hazardous substance:                                            
14 (1)  the owner of, and the person having control over, the hazardous                                                    
15 substance at the time of the release or threatened release; this paragraph does not apply                               
16       to a consumer product in consumer use;                                                                            
17 (2)  the owner and the operator of a vessel or facility, from which there                                               
18 is a release, or a threatened release that causes the incurrence of response costs, of a                                
19       hazardous substance;                                                                                              
20 (3)  any person who at the time of disposal of any hazardous substance                                                  
21 owned or operated any facility or vessel at which the hazardous substances were                                         
22 disposed of, from which there is a release, or a threatened release that causes the                                     
23       incurrence of response costs, of a hazardous substance;                                                           
24 (4)  any person who by contract, agreement, or otherwise arranged for                                                   
25 disposal or treatment, or arranged with a transporter for transport for disposal or                                     
26 treatment, of hazardous substances owned or possessed by the person, other than                                         
27 domestic sewage, or by any other party or entity, at any facility or vessel owned or                                    
28 operated by another party or entity and containing hazardous substances, from which                                     
29 there is a release, or a threatened release that causes the incurrence of response costs,                               
30       of a hazardous substance;                                                                                         
31 (5)  any person who accepts or accepted any hazardous substances,                                                       

01       other than refined oil, for transport to disposal or treatment facilities, vessels or sites                       
02       selected by the person, from which there is a release, or a threatened release that                               
03       causes the incurrence of response costs, of a hazardous substance.