CSHB 227(JUD): "An Act relating to liability of an electric utility for contact between vegetation and the utility's facilities."
00 CS FOR HOUSE BILL NO. 227(JUD) 01 "An Act relating to liability of an electric utility for contact between vegetation and the 02 utility's facilities." 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. 09.65.086. Civil liability of electric utility for contact between 06 vegetation and utility facilities. (a) Except as provided in (c) of this section, a utility 07 offering electrical service to the public for compensation under a certificate of public 08 convenience and necessity issued by the former Alaska Public Utilities Commission or 09 the Regulatory Commission of Alaska under AS 42.05.221 may not be held liable for 10 costs, property damage, death, or personal injury resulting from contact between 11 vegetation and the utility's facilities if the vegetation is located or originated outside 12 the boundaries of the utility's real property, lease, permit, easement, or right-of-way. 13 (b) A utility is not liable for cutting, girdling, or otherwise injuring or 14 removing vegetation inside the boundaries of the utility's real property, lease, permit,
01 easement, or right-of-way, even if the vegetation is rooted outside the boundaries of 02 the utility's real property, lease, permit, easement, or right-of-way. 03 (c) This section does not preclude civil liability if a utility causes vegetation to 04 contact the utility's facilities. 05 (d) In this section, "utility" includes a person cutting, girdling, or otherwise 06 injuring or removing vegetation who is under contract for or acting under the authority 07 of a utility. 08 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. This Act applies to civil lawsuits against electric utilities filed on 11 or after the effective date of this Act.