Legislature(1999 - 2000)

05/06/1999 08:12 AM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        HOUSE COMMUNITY AND REGIONAL AFFAIRS                                                                                    
                 STANDING COMMITTEE                                                                                             
                    May 6, 1999                                                                                                 
                     8:12 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Andrew Halcro, Co-Chairman                                                                                       
Representative John Harris, Co-Chairman                                                                                         
Representative Carl Morgan                                                                                                      
Representative Lisa Murkowski                                                                                                   
Representative Fred Dyson                                                                                                       
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Albert Kookesh                                                                                                   
                                                                                                                                
OTHER MEMBERS PRESENT                                                                                                           
                                                                                                                                
Senator Dave Donley                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 178                                                                                                              
"An Act relating to removing solid waste collection and disposal                                                                
service from regulation by the Alaska Public Utilities Commission;                                                              
requiring certain municipalities, and permitting other                                                                          
municipalities, to regulate solid waste collection and disposal                                                                 
service within the municipal boundaries; and providing for an                                                                   
effective date."                                                                                                                
                                                                                                                                
     - FAILED TO MOVE OUT OF COMMITTEE                                                                                          
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 178                                                                                                                    
SHORT TITLE: DEREGULATION OF GARBAGE UTILITIES                                                                                  
SPONSOR(S): REPRESENTATIVES(S) KOTT                                                                                             
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/07/99       670     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/07/99       671     (H)  CRA, L&C, FIN                                                                                       
 4/15/99               (H)  CRA AT  8:00 AM CAPITOL 124                                                                         
 4/15/99               (H)  HEARD AND HELD                                                                                      
 4/15/99               (H)  MINUTE(CRA)                                                                                         
 5/06/99               (H)  CRA AT  8:00 AM CAPITOL 124                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
PAT HARMAN, Legislative Administrative Assistant                                                                                
     to Representative Kott                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 118                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3777                                                                                                      
POSITION STATEMENT:  Testified on behalf of Representative Kott,                                                                
                     the bill's sponsor.                                                                                        
                                                                                                                                
JONATHON LACK, Legislative Assistant                                                                                            
     to Representative Halcro                                                                                                   
Alaska State Legislature                                                                                                        
Capitol Building, Room 418                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4939                                                                                                      
POSITION STATEMENT:  Provided information from the subcommittee                                                                 
                    research and answered questions.                                                                            
                                                                                                                                
KEVIN RITCHIE, Executive Director                                                                                               
Alaska Municipal League                                                                                                         
217 Second Street                                                                                                               
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 586-1325                                                                                                      
POSITION STATEMENT:  Viewed HB 178 as shifting refuse regulation to                                                             
                     local governments.                                                                                         
                                                                                                                                
BOBBY COX, Vice President                                                                                                       
Alaska Division of Waste Management                                                                                             
6301 Rosewood                                                                                                                   
Anchorage, Alaska 99518                                                                                                         
Telephone:  (907) 563-3717                                                                                                      
POSITION STATEMENT:  Discussed HB 178.                                                                                          
                                                                                                                                
RON ZOBEL, Assistant Attorney General                                                                                           
Fair Business Practices Section                                                                                                 
Civil Division                                                                                                                  
Department of Law                                                                                                               
1031 West 4th Avenue, Suite 200                                                                                                 
Anchorage, Alaska 99501-1994                                                                                                    
Telephone:  (907) 276-3697                                                                                                      
POSITION STATEMENT:  Discussed legal issues pertaining to HB 178.                                                               
                                                                                                                                
BRUCE GAGNON, Attorney                                                                                                          
Atkinson, Conway & Gagnon                                                                                                       
Municipality of Anchorage                                                                                                       
420 L Street                                                                                                                    
Anchorage, Alaska 99501                                                                                                         
Telephone:  (907) 276-1700                                                                                                      
POSITION STATEMENT:  Discussed legal concerns of the Municipality                                                               
                     of Anchorage.                                                                                              
                                                                                                                                
DAVE VEAZEY, Member                                                                                                             
Fairbanks North Star Borough Assembly                                                                                           
1996 Red Leaf                                                                                                                   
Fairbanks, Alaska 99709                                                                                                         
Telephone:  (907) 455-4013                                                                                                      
POSITION STATEMENT:  Testified in opposition to HB 178.                                                                         
                                                                                                                                
PAM KRIEBER, Part Owner                                                                                                         
Valley Refuse                                                                                                                   
PO Box 879109                                                                                                                   
Wasilla, Alaska 99687                                                                                                           
Telephone:  (907) 892-6606                                                                                                      
POSITION STATEMENT:  Rebutted Mr. Cox's comments.                                                                               
                                                                                                                                
SHARON DANIEL                                                                                                                   
Copper Basin Sanitation                                                                                                         
PO Box 513                                                                                                                      
Glennallen, Alaska 99588                                                                                                        
Telephone:  (907) 822-3600                                                                                                      
POSITION STATEMENT:  Testified in opposition to the deregulation of                                                             
                     refuse service.                                                                                            
                                                                                                                                
MARY HUGHES, Municipal Attorney                                                                                                 
Municipality of Anchorage                                                                                                       
PO Box 1977                                                                                                                     
Anchorage, Alaska 99519                                                                                                         
Telephone:  (907) 343-4235                                                                                                      
POSITION STATEMENT:  Testified with regard to the Municipality of                                                               
                     Anchorage's view of HB 178.                                                                                
                                                                                                                                
FAY VON GEMMINGEN, Member                                                                                                       
Anchorage Assembly                                                                                                              
PO Box 1977                                                                                                                     
Anchorage, Alaska 99519                                                                                                         
Telephone:  (907) 562-1615                                                                                                      
POSITION STATEMENT:  Discussed concerns with HB 178.                                                                            
                                                                                                                                
REPRESENTATIVE KOTT                                                                                                             
Alaska State Legislature                                                                                                        
Capitol Building, Room 118                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3777                                                                                                      
POSITION STATEMENT:  Testified as sponsor of HB 178.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-30, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HARRIS called the House Community and Regional Affairs                                                              
Standing Committee meeting to order at 8:12 a.m.  Members present                                                               
at the call to order were Representatives Halcro, Harris, Morgan,                                                               
Murkowski, and Dyson.  Representative Joule arrived at 8:17 a.m.                                                                
Representative Kookesh was not present.                                                                                         
                                                                                                                                
HB 178-DEREGULATION OF GARBAGE UTILITIES                                                                                        
                                                                                                                                
CO-CHAIRMAN HARRIS announced that only order of business before the                                                             
committee was HOUSE BILL NO. 178, "An Act relating to removing                                                                  
solid waste collection and disposal service from regulation by the                                                              
Alaska Public Utilities Commission; requiring certain                                                                           
municipalities, and permitting other municipalities, to regulate                                                                
solid waste collection and disposal service within the municipal                                                                
boundaries; and providing for an effective date."                                                                               
                                                                                                                                
PAT HARMAN, Legislative Administrative Assistant to Representative                                                              
Kott, Alaska State Legislature, testified on behalf of the bill                                                                 
sponsor.  Mr. Harman pointed out that the committee never formally                                                              
adopted the proposed committee substitute (CS) at the April 15,                                                                 
1999, meeting.  There are two versions, a D and a G, for which Mr.                                                              
Harman offered to discuss the differences.                                                                                      
                                                                                                                                
CO-CHAIRMAN HALCRO moved to adopt the proposed CS, Version                                                                      
LS0811\G, Cramer, 4/20/99, as the working document before the                                                                   
committee.  There being no objection, it was so ordered.                                                                        
                                                                                                                                
MR. HARMAN explained that the CS worked on by Representative Kott's                                                             
office addressed the three concerns of the Alaska Public Utilities                                                              
Commission (APUC) who had endorsed HB 178.  Section 2, paragraphs                                                               
(1)-(3) allows immediate competition in a service area if that is                                                               
desired by the local governing body.  In response to the APUC's                                                                 
concern that the definition of "fair market value" would create                                                                 
complications, that definition was deleted.  With regard to the                                                                 
original bill's language requiring a fixed rate for five years, the                                                             
APUC felt that there may be changes in technology or economies of                                                               
scale that could suggest a decrease in rates.  Therefore, there is                                                              
an amendment which would address that concern.  The amendment would                                                             
cap the rates, but allow for the rates to be lowered.                                                                           
                                                                                                                                
Number 0389                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HALCRO moved that the committee adopt Amendment 1:                                                                  
                                                                                                                                
     Page 3, line 14, after "customers"                                                                                         
          Delete "at"                                                                                                           
          Insert "no more than"                                                                                                 
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
MR. HARMAN pointed out that a memo from Steve Mulder dated April                                                                
29, 1999 had been received from the Anchorage Solid Waste                                                                       
Commission which offered several suggested language changes.  The                                                               
sponsor does not object to any of those suggested changes, although                                                             
there are no formal amendments addressing those concerns.                                                                       
                                                                                                                                
CO-CHAIRMAN HARRIS reminded the committee that at the April 15,                                                                 
1999, meeting HB 178 was turned over to a subcommittee consisting                                                               
of Co-Chairman Halcro and Representative Joule.  Therefore, he                                                                  
requested that Co-Chairman Halcro report what was accomplished in                                                               
the subcommittee.                                                                                                               
                                                                                                                                
CO-CHAIRMAN HALCRO commented that a substantial amount of work had                                                              
occurred on HB 178 since the last meeting.  A number of legal                                                                   
opinions regarding the antitrust situation were obtained.                                                                       
Furthermore, a number of municipalities' outside legal counsel's                                                                
opinion of HB 178 were requested.  Additionally, opinions were                                                                  
solicited from private independent contractors, refuse haulers.                                                                 
                                                                                                                                
Number 0642                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HALCRO stated that HB 178 poses some large questions,                                                               
the biggest being, why?  The 3-ring binder prepared for the                                                                     
committee does not contain one letter of support from any consumer.                                                             
The binder includes many letters opposing HB 178 from refusal                                                                   
haulers and from municipalities.  He pointed out that the Anchorage                                                             
Assembly passed a resolution in support of deregulation that would                                                              
protect taxpayers and ratepayers, but not supporting HB 178 in                                                                  
particular.  This franchise agreement would create problems,                                                                    
especially for the Municipality of Anchorage which is currently in                                                              
the solid waste business.  The Municipality of Anchorage has                                                                    
approximately a $20 million investment in solid waste services.                                                                 
Therefore, the purpose of HB 178 is in question because there has                                                               
not been any consumer outcry.  Although the APUC did not have any                                                               
difficulty in letting go of refuse regulation, that only amounts to                                                             
one to two percent of its workload.                                                                                             
                                                                                                                                
CO-CHAIRMAN HALCRO explained that upon review of the testimony from                                                             
the April 15, 1999, hearing and the new information and legal                                                                   
opinions there are concerns.  There are concerns regarding the                                                                  
manner in which franchise agreements are carried out and the way                                                                
local governments would be burdened with the regulation of refuse.                                                              
In Co-Chairman Halcro's opinion, HB 178 is a solution in search of                                                              
a problem.  Furthermore, at the April 15, 1999, hearing Waste                                                                   
Management's counsel referred to HB 178 as Waste Management's bill.                                                             
He concluded by saying that this is the wrong time and place for                                                                
this.                                                                                                                           
                                                                                                                                
CO-CHAIRMAN HARRIS asked if any time was spent with the sponsor to                                                              
address the concerns.                                                                                                           
                                                                                                                                
CO-CHAIRMAN HALCRO said that there was contact with the sponsor                                                                 
during the initial phases of drafting the CS which resulted from                                                                
the recommendations from APUC.  There was some brief follow-up.  He                                                             
pointed out that the subcommittee focused its attention on the                                                                  
effects of HB 178.                                                                                                              
                                                                                                                                
Number 0962                                                                                                                     
                                                                                                                                
JONATHON LACK, Legislative Assistant to Representative Halcro,                                                                  
Alaska State Legislature, stated that Representative Kott's staff                                                               
has been very willing to work on HB 178.  He noted that he was                                                                  
initially requested to review the constitutional and antitrust                                                                  
issues of HB 178.  Outside counsel was sought to review those                                                                   
matters.  Ron Zobel, Assistant Attorney General, forwarded a letter                                                             
to Representative Halcro and Representative Kott regarding takings                                                              
issues and antitrust issues; those are included in the committee                                                                
packet.  The Municipality of Anchorage contracted with Atkinson,                                                                
Conway, & Gagnon, Inc., in order to address antitrust issues.  A                                                                
letter from Atkinson, Conway, & Gagnon, Inc., is also included in                                                               
the committee packet.  From conversations with Mary Hughes,                                                                     
Municipal Attorney, Municipality of Anchorage, Mr. Lack understood                                                              
that the municipality is willing to work on achieving a means to                                                                
deregulate refuse.  However, due to the municipal revenue sharing                                                               
issue the municipality has not been able to address the refuse                                                                  
issue since the last meeting.  There are others on line from the                                                                
municipality who can speak to the resolution it passed.                                                                         
                                                                                                                                
CO-CHAIRMAN HARRIS asked if any one issue stands out as a problem                                                               
for those objecting to HB 178.                                                                                                  
                                                                                                                                
MR. LACK identified two basic questions.  First, there is the                                                                   
antitrust issue.  Currently, one who is granted a certificate from                                                              
the APUC is exempt from antitrust regulation.  Under the new                                                                    
system, those granted a franchise would be exempt from antitrust                                                                
regulation if the local government chose to regulate the refuse                                                                 
industry.  Mr. Zobel's correspondence includes concerns for smaller                                                             
communities that may not be able to regulate.  Therefore, Mr. Zobel                                                             
would be more qualified to answer that question.                                                                                
                                                                                                                                
MR. LACK identified the second issue as the potential exposure of                                                               
local governments.  He directed the committee to the language on                                                                
page 3, paragraph (3) of the CS which is of concern in that it may                                                              
result in great financial exposure to local governments, if                                                                     
required to purchase the facilities and equipment of a current APUC                                                             
refuse certificate.  He indicated that Ms. Hughes and Mr. Gagnon                                                                
could address that concern.                                                                                                     
                                                                                                                                
MR. LACK noted that the committee addressed one other issue at the                                                              
last hearing which is addressed in the letter from Kevin Ritchie of                                                             
the Alaska Municipal League (AML).  The issue is the potential for                                                              
a company, during the initial bidding for a franchise agreement, to                                                             
finance a low bid.  Then there would only be one player left after                                                              
five years and no one would be left to bid on a contract.                                                                       
Therefore, competition which is the tenet of HB 178 would not exist                                                             
as the regulating factor.                                                                                                       
                                                                                                                                
Number 1310                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON inquired as to whether Alaska's antitrust laws                                                             
are sufficient to protect small refuse providers from predatory                                                                 
pricing.                                                                                                                        
                                                                                                                                
MR. LACK deferred that question to Mr. Zobel or Mr. Gagnon.                                                                     
                                                                                                                                
CO-CHAIRMAN HALCRO requested that Mr. Lack address a situation in                                                               
which under the HB 178 market place, one of three competitors for                                                               
a franchise agreement purposely bids high with the understanding                                                                
that he/she will not receive the bid.  Therefore, the municipality                                                              
would have to purchase his/her equipment and certificate.                                                                       
                                                                                                                                
MR. LACK said that two scenarios could be problematic for the                                                                   
Municipality of Anchorage.  If HB 178 passes and the municipality                                                               
allows contracts for the non solid waste service area and if                                                                    
Anchorage Refuse Service did not obtain the contract, the                                                                       
municipality would give the contract to a third party.  In that                                                                 
case, the municipality would potentially be liable to buy the                                                                   
certificate, facilities and equipment of Anchorage Refuse Service                                                               
even if there is no need for them.  In another case, if the                                                                     
municipality decides to discontinue Anchorage Refuse Service's                                                                  
certificate and the municipality decides to provide the service                                                                 
itself, the municipality would also be liable to purchase the                                                                   
certificate, facilities and equipment of Anchorage Refuse Service.                                                              
Mr. Lack informed the committee that the reasoning behind those                                                                 
scenarios comes from the two electric utilities cases discussed in                                                              
the committee packet.  In those cases, the local government took                                                                
control of the electric utilities and the local government needed                                                               
to utilize the facilities and equipment of the present electrical                                                               
utility.  Since there is basically one electric utility line going                                                              
to a house, the city was taking control of the line.  However, in                                                               
the refuse industry there is no guarantee that the Municipality of                                                              
Anchorage would need the equipment and facilities of the private                                                                
company.  So, this may force the municipality to purchase the                                                                   
private company's facilities and equipment when there may not be a                                                              
taking requirement to do so.  There is no question that the taking                                                              
requirement would require the municipality to purchase the                                                                      
certificate and the remaining value, but there is question with                                                                 
regard to whether the municipality would have to purchase the                                                                   
facilities and the equipment.                                                                                                   
                                                                                                                                
REPRESENTATIVE MURKOWSKI commented that many of the letters in the                                                              
committee packet speak to the legal issues surrounding HB 178.  If                                                              
this committee decides that HB 178 should move forward, there                                                                   
should also be a recommendation that the bill goes before the House                                                             
Judiciary Standing Committee in addition to those already assigned.                                                             
                                                                                                                                
MR. LACK said that the possibility of a Judiciary referral was                                                                  
discussed, but since there is no such referral Co-Chairman Halcro                                                               
requested review of these issues.                                                                                               
                                                                                                                                
CO-CHAIRMAN HALCRO pointed out that the judiciary issues affect                                                                 
local communities.                                                                                                              
                                                                                                                                
Number 1702                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON acknowledged that there are several ways to                                                                
view this issue.  One view is, as presented, to not change it if it                                                             
is not a problem.  Such a view does not examine the status quo in                                                               
search of a better way.  Representative Dyson pointed out that in                                                               
the last 20 years there has been a progression of deregulation in                                                               
North America.  In general, deregulation has worked.  He said, "The                                                             
question we need to ask:  if government ever needed to be involved                                                              
in, state government, in regulating garbage collection; does it                                                                 
need to continue?"  All of government's functions should be viewed                                                              
from that vantage.  "Is the garbage industry one that has to be                                                                 
regulated?"  Representative Dyson stated that he did not begin with                                                             
the philosophy that if people are not clamoring for a change, then                                                              
it should not be reviewed.  Furthermore, this is not an issue which                                                             
most people would have problems with.                                                                                           
                                                                                                                                
REPRESENTATIVE DYSON said he believed that the question as to                                                                   
whether this is a legitimate government function should be asked.                                                               
If this is a legitimate government function, then what level of                                                                 
government should perform this function.  Representative Dyson                                                                  
informed the committee of his philosophy, "When in doubt, if you                                                                
can, decentralize."  With the refuse industry, he believed that                                                                 
most of the larger communities could handle whatever level of                                                                   
regulation the industry needs.  He acknowledged that there are many                                                             
smaller communities that would struggle with that.  He indicated                                                                
the need for HB 178 to include a provision for the APUC to help the                                                             
smaller communities that will have difficulty.  Representative                                                                  
Dyson announced that he would vote to move this bill.                                                                           
                                                                                                                                
Number 2092                                                                                                                     
                                                                                                                                
KEVIN RITCHIE, Executive Director, Alaska Municipal League (AML),                                                               
informed the committee that AML's Transportation and Utilities                                                                  
Committee reviewed HB 178.  The committee packet includes a letter                                                              
from AML regarding HB 178.  He interpreted HB 178 as shifting                                                                   
refuse regulation to local governments.  The question is who can                                                                
best provide refuse service.  Mr. Ritchie felt that shift would be                                                              
burdensome for small communities and potentially for all                                                                        
communities.  To keep the type of expertise on staff to deal with                                                               
refuse services could not be done therefore, some of the work would                                                             
have to be contracted out.  He suggested that all the cities in                                                                 
Alaska could join together to create something similar to the APUC                                                              
in order to take advantage of retaining people with this expertise.                                                             
Mr. Ritchie understood that on the state level, the fees charged                                                                
for this service cover the cost of the service.  Therefore, there                                                               
is not a state cost savings.                                                                                                    
                                                                                                                                
REPRESENTATIVE JOULE inquired as to the process that would be                                                                   
involved with a community creating its own regulations for refuse                                                               
service, if HB 178 was passed.                                                                                                  
                                                                                                                                
MR. RITCHIE understood the bill to lock in a process for the first                                                              
five years.  He informed the committee that, as a former City                                                                   
Manager for Juneau, he had become involved with the APUC over a                                                                 
rate issue with the local refuse utility.  Mr. Ritchie believed                                                                 
this to be a very complex area of law with many cases and                                                                       
precedents across the U.S.  In his opinion, it would be difficult                                                               
for each municipality to develop its own regulations.                                                                           
                                                                                                                                
REPRESENTATIVE JOULE asked whether there would be costs associated                                                              
with bringing people on board with this specific expertise.                                                                     
                                                                                                                                
MR. RITCHIE replied yes.  He recalled that the legislation calls                                                                
for between a half percent and two and a half percent add on to the                                                             
local customers in order to pay for this.  In larger communities,                                                               
it may be possible to hire the necessary expertise while in smaller                                                             
communities Mr. Ritchie doubted that amount would cover the cost.                                                               
                                                                                                                                
REPRESENTATIVE JOULE inquired as to whether someone could speak to                                                              
this possibility of shifting the cost to communities, in terms of                                                               
drafting the regulations.                                                                                                       
                                                                                                                                
Number 2389                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON guessed that there would be firms with model                                                               
legislation from many jurisdictions.  Furthermore, he suggested                                                                 
that a subcommittee of AML would be able to develop model                                                                       
regulations with a variety of options for local communities.                                                                    
Representative Dyson stated that he has watched many rural                                                                      
communities get involved in areas that they knew nothing about and                                                              
eventually learn to do the activity well.  If communities are going                                                             
to be involved in any utilities, the refuse utility is the least                                                                
sophisticated to work with.                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE reiterated that the question is "At what                                                                   
cost?"                                                                                                                          
                                                                                                                                
REPRESENTATIVE DYSON acknowledged that someone always pays.  More                                                               
importantly, is the refuse industry one that needs to be regulated                                                              
and who is best in a position to make the decisions.  He hoped that                                                             
most communities wanted to make decisions close to home.                                                                        
                                                                                                                                
REPRESENTATIVE JOULE pointed out that aid to municipalities is                                                                  
being reduced by as much as one third which he interpreted as the                                                               
elimination of aid to municipalities in three years.  Yet, there                                                                
are costs associated with establishing an infrastructure.  Once                                                                 
again, the cost is shifted to Alaska residents.  "First, they are                                                               
going to make up the difference, if they don't dissolve if they                                                                 
have the ability through some sort of taxing scheme.  Then we add                                                               
something like this which if it's going to, in fact, cost money.                                                                
And I wish I could get a handle on what it would cost to initiate                                                               
these kinds of things."  He agreed that there are probably models                                                               
available, but at what cost.                                                                                                    
                                                                                                                                
CO-CHAIRMAN HALCRO posed a scenario in which HB 178 passes out of                                                               
committee.  "Under the guise of giving local communities the                                                                    
ability to regulate, we give them the ability to incur more costs                                                               
in contracting with law firms to develop special regulations that                                                               
fit their needs in their local communities.  For what purpose?"  As                                                             
an advocate of free enterprise, Co-Chairman Halcro agreed that the                                                              
APUC should move away from those industries that it should not                                                                  
have.  However, the refuse industry is only one to two percent of                                                               
the APUC's workload.  Furthermore, smaller communities will incur                                                               
legal representation costs and regulation administration costs.  He                                                             
indicated that this would place communities in a position of                                                                    
incurring costs that would not otherwise be incurred.                                                                           
                                                                                                                                
REPRESENTATIVE DYSON commented that if one likes centralization,                                                                
then do not change the refuse industry.  On the other hand if one                                                               
prefers decentralization, then the refuse industry is worth review.                                                             
Representative Dyson pointed out that there is an amendment for a                                                               
new Section 11 which would allow municipalities with a population                                                               
of 5,000 or less to continue to have the APUC regulate their solid                                                              
waste.                                                                                                                          
                                                                                                                                
Number 2775                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE indicated that he would support the amendment                                                              
in this committee, but wondered how long the language would remain.                                                             
He pondered how the split service would be handled.                                                                             
                                                                                                                                
REPRESENTATIVE DYSON pointed out that since Alaska is so varied,                                                                
the split service is already done with Rural Electric Associations                                                              
(REA).  Also how airports are handled is different in the rural and                                                             
urban areas.                                                                                                                    
                                                                                                                                
REPRESENTATIVE MURKOWSKI inquired as to how one could truly make                                                                
the distinction of deregulation when it occurs in some communities                                                              
and not others.  Therefore, she indicated the need for more review                                                              
of the amendment.  Representative Murkowski asked Mr. Ritchie what                                                              
input AML has received from communities on this issue.                                                                          
                                                                                                                                
MR. RITCHIE stated that AML has not received any input from any                                                                 
community that was in favor of this, although there may be some                                                                 
"shades of gray" with regards to the appropriateness of                                                                         
deregulation.  Mr. Ritchie understood HB 178 to be mandated local                                                               
regulation not deregulation.  He believed that all of the major,                                                                
large municipalities as well as some small municipalities were                                                                  
involved in AML's Transportation and Utilities Committee meetings                                                               
on this issue.                                                                                                                  
                                                                                                                                
TAPE 99-30, SIDE B                                                                                                              
                                                                                                                                
REPRESENTATIVE JOULE inquired as to AML's opinion of the amendment                                                              
which would allow municipalities with a population of 5,000 or less                                                             
to request APUC to continue its current status in refuse.                                                                       
                                                                                                                                
MR. RITCHIE said that if HB 178 were to pass, it would be good to                                                               
get as many municipalities out of this situation.  Mr. Ritchie had                                                              
not seen the amendment.                                                                                                         
                                                                                                                                
Number 2913                                                                                                                     
                                                                                                                                
BOBBY COX, Vice President, Alaska Division of Waste Management,                                                                 
turned to Co-Chairman Halcro's comments regarding why this                                                                      
legislation exists.  At the first hearing, the APUC testified that                                                              
refuse regulation does not fit the model of other utilities which                                                               
is a concern being addressed.  The attempt is to find a better                                                                  
model that will work for everyone.  Mr. Cox indicated that there is                                                             
a lack of understanding of what is trying to be accomplished with                                                               
HB 178.  From his perspective, the goal is to try to move the                                                                   
regulation to the local level in order for people to be able to                                                                 
deal with the issues.  The refuse industry is very different than                                                               
the electric utility industry.  In the refuse industry, there is a                                                              
low barrier to entry.                                                                                                           
                                                                                                                                
MR. COX informed the committee that there are a total of about 52                                                               
certificated refuse utilities in Alaska of which 13 are controlled                                                              
by Waste Management.  Therefore, Waste Management only has about 25                                                             
percent of the refuse utilities certificated in Alaska.  Of the 52                                                              
certificated refuse utilities in Alaska, 26 are certificated to                                                                 
municipalities.  Under HB 178, that would not change; the                                                                       
municipalities would continue to control those certificated areas.                                                              
Mr. Cox saw HB 178 as continuing to allow the municipalities to                                                                 
control their service areas.  Those small communities with                                                                      
certificated operation through a small local entity could continue.                                                             
                                                                                                                                
MR. COX expressed, as an industry representative, the desire to                                                                 
move to a model that makes sense for everyone and that is fair to                                                               
the consumers.  Currently, other industry participants claim they                                                               
are able to compete which is not really true.  In many cases, there                                                             
is unregulated competition.  For example, in the Mat-Su Valley                                                                  
there is a competitor with a rate that is significantly lower than                                                              
Waste Management, but Waste Management is not allowed to adjust its                                                             
rate without a massive rate case.                                                                                               
                                                                                                                                
Number 2780                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE turned to Mr. Cox's statement that the APUC                                                                
testified that it had difficulty with the refuse utility.  He                                                                   
commented that he agreed with that statement and "would just a[s]                                                               
soon get rid of it."  He noted that those who are regulated by APUC                                                             
may complain that the APUC process takes longer, but he had not                                                                 
spoken to anyone who wanted to leave the APUC regime.                                                                           
                                                                                                                                
MR. COX used Anchorage with its multiple competitors as an example.                                                             
Many of those competitors can price effectively below the market                                                                
and continue to operate with the protection of the APUC.  Those                                                                 
competitors are not subject to antitrust or other issues.  Mr. Cox                                                              
emphasized that if there is going to be competition, it should be                                                               
a fair playing field for everyone.  However, if there is going to                                                               
be a regulated market, it must make sense.  He stated that the                                                                  
difficulty with the APUC is that companies such as Waste Management                                                             
do not receive much attention due to the commission's larger                                                                    
issues.  Furthermore, when the APUC does deal with refuse cases it                                                              
is difficult because the APUC is not accustomed to dealing with the                                                             
industry.  He said, "We end up kind of getting the short end of the                                                             
stick with the regulatory process."  He highlighted the lengthiness                                                             
of refuse cases.  For example, Waste Management has had                                                                         
certification proceedings go two to three years which is not                                                                    
appropriate in a competitive business environment.                                                                              
                                                                                                                                
CO-CHAIR HALCRO pointed out that if it is difficult for the APUC to                                                             
regulate refuse, how will local governments with no experience in                                                               
establishing rules and regulations handle this.                                                                                 
                                                                                                                                
MR. COX identified the following three key aspects to HB 178.                                                                   
First, the bill attempts to create a franchise system that would                                                                
allow a contractual relationship with a service provider.                                                                       
Competitive bidding and utilization of the contract process would                                                               
accomplish such.  The second option would be to open the market to                                                              
competition.  Then non exclusive franchises could be granted for                                                                
people to compete.  Under the bill's current language, if there are                                                             
competing franchise those people would be able to compete at the                                                                
same level.  If this bill passed, all those currently holding                                                                   
certificates in Anchorage would continue to hold certificates, but                                                              
they would not be exclusive.  The city would not be forced to buy                                                               
out those certificates.  Mr. Cox moved on to the third option which                                                             
is regulation at the local level.  The Municipality of Anchorage                                                                
would have the capability to do so.  Mr. Cox said he supported the                                                              
amendment addressing small communities however, he did not think                                                                
the amendment is necessary under the bill's current language                                                                    
because a local community with a certificated provider could                                                                    
continue to use that certificated provider by granting it a                                                                     
franchise.                                                                                                                      
                                                                                                                                
CO-CHAIRMAN HARRIS commented that the amendment provides some                                                                   
feeling of protection for those communities that are unorganized.                                                               
                                                                                                                                
MR. COX recognized that as a difficult situation.                                                                               
                                                                                                                                
Number 2519                                                                                                                     
                                                                                                                                
RON ZOBEL, Assistant Attorney General, Fair Business Practices                                                                  
Section, Civil Division, Department of Law, testified via                                                                       
teleconference from Anchorage.  Mr. Zobel noted that he had no                                                                  
comments regarding whether it is a good idea to shift refuse                                                                    
regulation to the municipality.  The Department of Law is concerned                                                             
that Section 8 would grant an exemption to antitrust laws for all                                                               
conduct by an exclusive franchisee without assurance that the                                                                   
conduct would be reviewed or regulated by a municipality.  That                                                                 
would result in eliminating the state's ability to review for                                                                   
antitrust concerns where conduct by an entity with an exclusive                                                                 
franchise would result in any anti-competitive effects.                                                                         
Furthermore, the absence of any guarantees that the municipality or                                                             
other regulatory body would conduct such a review is the                                                                        
elimination of the state's antitrust review authority.                                                                          
                                                                                                                                
MR. ZOBEL explained that the distinction being made here is the                                                                 
difference between an exemption for an entity versus an exemption                                                               
for conduct that has been reviewed and approved by a regulatory                                                                 
body.  Mr. Zobel quoted Mr. Gretsky(ph), who was an official for                                                                
the Antitrust Division of the U.S. Department of Justice when the                                                               
following statement was made.  Mr. Zobel quoted Mr. Gretsky(ph) as                                                              
saying:                                                                                                                         
                                                                                                                                
     As we think about increasing competition and                                                                               
     deregulating, we do not want to end up with the worst of                                                                   
     all worlds which I would describe as deregulated                                                                           
     monopoly.  Simply deregulating monopoly is not the same                                                                    
     as facilitating competition.  Where there is no consumer                                                                   
     choice, consumers should not be left at the mercy of the                                                                   
     deregulated monopoly.                                                                                                      
                                                                                                                                
MR. ZOBEL expressed concern with the present language in Section 8.                                                             
The concern is that a municipality could grant an exclusive                                                                     
franchise and, for whatever reason, not regulate specific conduct                                                               
such as rates or other conditions of service.  He did not believe                                                               
an exemption should be given unless specific review of a rate or                                                                
conduct has occurred.  Such review would provide assurances to the                                                              
public that there is not a deregulated monopoly.  The current                                                                   
provision grants an exemption where there is an exclusive franchise                                                             
and furthermore, a municipality could allow nominal PERA filings.                                                               
Such an exemption should not be granted.  There should be some                                                                  
antitrust review where rates or conduct have not been regulated.                                                                
                                                                                                                                
MR. ZOBEL informed the committee that at the federal level there is                                                             
a requirement that there be a state policy which is included in HB
178.  The federal level also requires active supervision of the                                                                 
particular act or conduct that is immunized.  This provision,                                                                   
Section 8, could be modified to achieve such with the following                                                                 
language:  "the conduct or act of such a solid waste collection or                                                              
disposal carrier that's actively supervised and approved by a                                                                   
municipality where there is such an exclusive franchise."  Such                                                                 
language would remedy the problem noted in a letter to                                                                          
Representative Kott.                                                                                                            
                                                                                                                                
REPRESENTATIVE DYSON inquired as to how much antitrust provisions                                                               
would protect against predatory pricing in a deregulated                                                                        
environment.                                                                                                                    
                                                                                                                                
MR. ZOBEL pointed out that if the antitrust laws apply to the                                                                   
particular act or conduct, there is a body of law that controls                                                                 
predatory pricing.  He explained that predatory pricing is a price                                                              
that falls below cost in order to drive others out of the market.                                                               
As stated earlier, when the refuse industry is no longer a utility                                                              
then it does not have an exemption under the state antitrust laws.                                                              
Therefore, he believed the rules against predatory pricing would                                                                
apply to places where there is not an exclusive franchise.  He was                                                              
concerned with the application of the antitrust laws in places                                                                  
where there has been an exclusive franchise granted, but particular                                                             
prices, conduct, and actions are not reviewed by the municipality.                                                              
Mr. Zobel believed that where there is a "competitive" market, the                                                              
antitrust laws regarding predatory pricing would apply under HB
178.                                                                                                                            
                                                                                                                                
Number 2154                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON asked, franchising aside, how practical it                                                                 
would be for small contractors to go against the large contractors                                                              
on antitrust and predatory pricing.                                                                                             
                                                                                                                                
MR. ZOBEL commented that any antitrust case is difficult.  The                                                                  
Department of Law's capability to initiate antitrust cases is                                                                   
limited.  Antitrust cases are a more complicated type of case.                                                                  
Under HB 178, entities or competitors or consumers who thought they                                                             
were being harmed could bring an antitrust suit, but it would be                                                                
difficult.  Furthermore, an antitrust suit is not what a consumer                                                               
or small competitor would do.  Due to the expense, antitrust suits                                                              
are the last resort.  In further response to Representative Dyson,                                                              
Mr. Zobel agreed that antitrust cases are lengthy and often result                                                              
in a settlement following much discovery.  Only a few cases                                                                     
continue to a full court battle.                                                                                                
                                                                                                                                
REPRESENTATIVE DYSON said that Mr. Zobel's comments confirmed his                                                               
suspicion that the smaller entities would starve waiting for an                                                                 
antitrust decision.                                                                                                             
                                                                                                                                
MR. ZOBEL interjected that he did not want to devalue the deterrent                                                             
value of having antitrust laws.                                                                                                 
                                                                                                                                
REPRESENTATIVE DYSON posed a situation in which a small company                                                                 
prevails against a large company after five years in an antitrust                                                               
suit.  Could that small company recover damages which take into                                                                 
account their lost business opportunity?                                                                                        
                                                                                                                                
MR. ZOBEL indicated that some damages for that could be collected                                                               
if the small company could trace the damages to an antitrust                                                                    
violation.  In further response to Representative Dyson, Mr. Zobel                                                              
believed it fair to say that antitrust laws would attempt to make                                                               
that small company whole from the damage caused by the violation.                                                               
He noted that some compensation for attorney's fees could be                                                                    
obtained.                                                                                                                       
                                                                                                                                
REPRESENTATIVE MURKOWSKI informed Mr. Zobel of the amendment before                                                             
the committee.  She asked if he felt the amendment is practical and                                                             
would it help the APUC.                                                                                                         
                                                                                                                                
MR. ZOBEL said that the amendment is probably legally possible and                                                              
could be done.  He noted that he has dealt with many of the refuse                                                              
cases for which an accountant, an engineer, and an attorney were                                                                
needed.  The smaller class of cases subject to APUC regulations,                                                                
should allow APUC to do so in that smaller class.  He indicated the                                                             
need to discuss this with the APUC.                                                                                             
                                                                                                                                
Number 1747                                                                                                                     
                                                                                                                                
BRUCE GAGNON, Attorney, Atkinson, Conway & Gagnon, testifying via                                                               
teleconference from Anchorage, noted that he was requested by the                                                               
Municipality of Anchorage to address HB 178.  He indicated that the                                                             
committee should have a copy of his letter in the committee packet.                                                             
Mr. Gagnon had two concerns which remain even with the CS.  He                                                                  
identified one concern as the option to grant an exclusive                                                                      
franchise which in the case of the Municipality of Anchorage such                                                               
would be granted to Waste Management.  However, it is unclear as to                                                             
whether it would be an exclusive franchise just in the service area                                                             
currently being serviced or throughout the entire municipality.                                                                 
Even with the addition of the language referring to competitive                                                                 
franchises, the exclusive franchise would most likely occur if this                                                             
legislation passed.  He predicted that under HB 178, the                                                                        
municipality's waste management services could not operate.  Mr.                                                                
Gagnon did not see what would be gained by giving Waste Management                                                              
an exclusive franchise.  Currently, Waste Management's certificate                                                              
of public inconvenience and necessity exposes them to competition.                                                              
Under this act, that would not happen due to the five year                                                                      
exclusive franchise period.                                                                                                     
                                                                                                                                
MR. GAGNON identified the second concern as the compulsory buy out.                                                             
He believed that there would be great exposure to the Municipality                                                              
of Anchorage and other communities that sought to impose                                                                        
regulations which were viewed as a deprivation of rights.                                                                       
                                                                                                                                
Number 1559                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HARRIS understood Mr. Gagnon to have said that this                                                                 
legislation would require or force municipalities to grant                                                                      
exclusive franchises.  However, Co-Chairman Harris read the                                                                     
legislation to not only allow exclusive franchises, but also                                                                    
competing franchises.                                                                                                           
                                                                                                                                
MR. GAGNON agreed that the legislation provides for exclusive                                                                   
franchises, competing franchises, or a buy out.  He pointed out                                                                 
that the competitive franchise language, on page 3, has a trigger                                                               
date of January 1, 2000.  Currently, the municipality is not a                                                                  
competing franchise with Waste Management.  Furthermore, it would                                                               
be difficult for the municipality to place itself in a position of                                                              
being a competing franchise by January 1, 2000.  As a matter of                                                                 
policy, the municipality avoids getting into business in areas                                                                  
where private businesses provide services.  "What it contemplates                                                               
is that there will be someone who will be a competing or someone                                                                
who will want to be a competing franchisee.  If that doesn't                                                                    
happen, then this particular option will not be implemented and a                                                               
municipality then would have to go back to the exclusive franchise                                                              
regime contemplated by the first option."  If there was a competing                                                             
franchise, then there "shall be no price regulations" which is                                                                  
problematic from both an antitrust standpoint and a policy                                                                      
standpoint.  This legislation has divested the municipality of                                                                  
having any power to regulate the prices and it creates an exposure                                                              
to predatory pricing.                                                                                                           
                                                                                                                                
MR. GAGNON pointed out that the franchise, under the competing                                                                  
franchise option, would last forever.  There is also a provision                                                                
retaining the buy out rights which hangs over the municipality.  He                                                             
said that whenever the franchisee felt threatened by potential                                                                  
regulation, the buy out provision would come forward as a                                                                       
possibility.                                                                                                                    
                                                                                                                                
MR. GAGNON, in response to Co-Chairman Halcro, said that he had                                                                 
just received the amendment and had not yet reviewed it.                                                                        
                                                                                                                                
CO-CHAIRMAN HALCRO asked if the amendment would create problems                                                                 
under the equal protection provision of the Alaska Constitution.                                                                
                                                                                                                                
MR. GAGNON answered, "Probably not."                                                                                            
                                                                                                                                
CO-CHAIRMAN HALCRO referred to the last paragraph on page 4 of Mr.                                                              
Gagnon's letter dated April 21, 1999.  That paragraph says that                                                                 
Anchorage taxpaying residents, who are treated differently than                                                                 
Fairbanks taxpaying residents under HB 178, may have a case under                                                               
the equal protection provision.                                                                                                 
                                                                                                                                
MR. GAGNON explained that he was attempting to address cities that                                                              
are in similar circumstances being treated differently when there                                                               
is no apparent rational basis to do so.  He did not believe that                                                                
paragraph in his letter would address the special circumstances of                                                              
smaller communities.                                                                                                            
                                                                                                                                
Number 1092                                                                                                                     
                                                                                                                                
DAVE VEAZEY, Member, Fairbanks North Star Borough Assembly,                                                                     
testified next via teleconference from Fairbanks in opposition to                                                               
HB 178.  Mr. Veazey stated that Fairbanks is not in a position to                                                               
regulate a large company, or monopoly such as Waste Management.                                                                 
From the APUC home page, Mr. Veazey had obtained information                                                                    
reporting that Waste Management, Incorporated has recently acquired                                                             
control of nine different companies serving 39 different                                                                        
communities.  At present, he was not convinced that the deregulated                                                             
free market environment exists in Fairbanks.  Mr. Veazey expressed                                                              
concern with Section 1(b)(4) and Section 2(e)(1) and (2) which he                                                               
believed are in direct conflict with the interests of Fairbanks                                                                 
borough citizens.  The borough has a hauling contract which is                                                                  
competitively bid.  He illustrated that the competitive process has                                                             
served the borough well; the price has decreased from about $60 per                                                             
ton to $27 per ton.  However, hauling prices appear to be                                                                       
increasing.  At this point, Mr. Veazey said that the borough would                                                              
have to hire Waste Management, a monopoly which would be                                                                        
noncompetitive, to do this work.  If Waste Management is not chosen                                                             
or Waste Management provides a poor service, for which he did not                                                               
see any protection, the borough would be obligated to purchase                                                                  
them.  Such prospects are unappealing and not acceptable.  In                                                                   
conclusion, Mr. Veazey urged the committee to reject HB 178.                                                                    
                                                                                                                                
CO-CHAIRMAN HARRIS inquired as to why Mr. Veazey would think the                                                                
refuse industry should be regulated at all.                                                                                     
                                                                                                                                
MR. VEAZEY said that in the current situation in which the refuse                                                               
industry is practically a monopoly, it is important for the refuse                                                              
industry to be regulated for the interests of the citizens.  He                                                                 
specified that it is important to maintain fair prices and ensure                                                               
quality service.                                                                                                                
                                                                                                                                
REPRESENTATIVE DYSON appreciated Mr. Veazey's comments, especially                                                              
that often real competition does not exist in small areas.                                                                      
                                                                                                                                
Number 0728                                                                                                                     
                                                                                                                                
PAM KRIEBER, Part Owner, Valley Refuse, testified via                                                                           
teleconference from the Mat-Su Valley.  Valley Refuse operates in                                                               
competition with Waste Management in the Mat-Su Valley.  She                                                                    
stressed that the issues have not changed since her testimony at                                                                
the last hearing on HB 178.  With regard to Mr. Cox's statement                                                                 
that Waste Management only owns 13 certificates, those 13                                                                       
certificates have the market share of the business.  If you review                                                              
gross revenues, the belief that Waste Management owns 95 percent of                                                             
the market is valid.  She understood Mr. Cox to indicate that Waste                                                             
Management has a real problem with its competitor, Valley Refuse,                                                               
in the Mat-Su Valley.  Reader's Digest basic theory on rate making                                                              
states that higher expenses can justify higher rates.  All                                                                      
regulated utilities are free to submit tariff advisements to the                                                                
APUC in order to allow the APUC to review their tariffs for                                                                     
fairness and adjust them accordingly.  Therefore, Waste Management                                                              
is free to do so.  Ms. Krieber stated that Valley Refuse has a low                                                              
overhead and makes garbage disposal affordable for many in the                                                                  
Mat-Su Valley.                                                                                                                  
                                                                                                                                
CO-CHAIRMAN HARRIS asked Ms. Krieber if Valley Refuse has a special                                                             
rate or a way that allows the rate to be lower.                                                                                 
                                                                                                                                
MR. KRIEBER emphasized that Valley Refuse is subject to the same                                                                
rules as Waste Management.  She explained that Valley Refuse offers                                                             
multiple levels of weekly service which Waste Management could                                                                  
offer as well.                                                                                                                  
                                                                                                                                
Number 0450                                                                                                                     
                                                                                                                                
SHARON DANIEL, Copper Basin Sanitation, testified via                                                                           
teleconference from Glennallen in opposition to the deregulation of                                                             
refuse service.  She stated that refuse collection statewide should                                                             
be regulated whether by APUC or another entity.  Refuse collection                                                              
is tied to public health and therefore, should be regulated.  There                                                             
are unorganized areas in the state and those areas do not have                                                                  
refuse regulation if the APUC is to deregulate.  She acknowledged                                                               
that the amendment addresses that issue.  She pointed out that                                                                  
small communities already have small companies that fall under the                                                              
dollar limit for active oversight from the APUC.  In other words,                                                               
only the large problems go to APUC.  The amendment to regulate in                                                               
unorganized areas of the state and small municipalities effectively                                                             
moves the large population areas into regulation by the                                                                         
municipalities which she did not care for.                                                                                      
                                                                                                                                
Number 0213                                                                                                                     
                                                                                                                                
MARY HUGHES, Municipal Attorney, Municipality of Anchorage,                                                                     
testified via teleconference from Anchorage.  She informed the                                                                  
committee that Mr. Harman misspoke because the APUC did not make                                                                
any recommendations as to how HB 178 could be amended.  However,                                                                
the APUC indicated to the municipality that the APUC was opposed to                                                             
HB 178.  With regard to the discussion as to how municipalities                                                                 
could regulate the services now regulated by the APUC, HB 178 does                                                              
not allow the municipality to regulate.  The legislation says that                                                              
the municipality "shall franchise."  Ms. Hughes echoed her comments                                                             
from the previous hearing that the Municipality of Anchorage could                                                              
regulate refuse, but the cost to do so would be borne by the                                                                    
ratepayers.  However, HB 178 does not allow such.  Ms. Hughes                                                                   
stated that the Anchorage Assembly is not in support of HB 178.                                                                 
                                                                                                                                
TAPE 99-31, SIDE A                                                                                                              
                                                                                                                                
MR. HUGHES indicated that the Anchorage Assembly supported the                                                                  
Municipality's 1999 Legislative Policy.  There are three provisions                                                             
which must be included in any bill that the municipality supports.                                                              
Those provisions are included in AR 99.102.  Ms. Hughes pointed out                                                             
that AS 29.35.050 (a) cannot be altered, although that would be the                                                             
case under HB 178.  She informed the committee of the need for                                                                  
provisions allowing the municipality to maintain its own refuse                                                                 
service in its certificated area.  Furthermore, the Anchorage                                                                   
Assembly should be provided the option to provide regulation under                                                              
42.05.  Therefore, some of the problems discussed by Mr. Zobel                                                                  
would be addressed through this regulation.                                                                                     
                                                                                                                                
FAY VON GEMMINGEN, Member, Anchorage Assembly, testified via                                                                    
teleconference from Anchorage.  She explained that the main concern                                                             
and reason for the passage of the resolution was to ensure that the                                                             
Anchorage ratepayers were protected from increased cost of service                                                              
while being provided a safe and reliable service.  There is also                                                                
the need to protect the Anchorage taxpayers from the loss in value                                                              
of that utility.  She expressed concern that the municipality does                                                              
not really have the ability to regulate refuse.  Furthermore, there                                                             
is great concern with the possibility of having to buy back a                                                                   
certificate and assets of one of the companies which would place                                                                
the ratepayers and taxpayers at considerable risk.                                                                              
                                                                                                                                
CO-CHAIRMAN HALCRO asked if Ms. Von Gemmingen received constituent                                                              
complaints regarding poor refuse service.                                                                                       
                                                                                                                                
MS. VON GEMMINGEN replied no.                                                                                                   
                                                                                                                                
Number 0333                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT, Sponsor, Alaska State Legislature, commented                                                               
that complaints regarding utilities are not generally directed to                                                               
assembly members.  He indicated that the most appropriate place for                                                             
complaints to be directed would be the APUC since that is the                                                                   
regulator.  Furthermore, Representative Kott believed that much of                                                              
the testimony has been based on a misunderstanding of HB 178.                                                                   
There is a provision in the legislation which allows a municipality                                                             
to continue to provide the same level of refuse service it                                                                      
currently provides.  With regard to franchise agreements, it would                                                              
not be a provision that the municipality would have to purchase the                                                             
certificate.                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT stated that the antitrust issues should be                                                                  
addressed in the House Judiciary Standing Committee.  Therefore, he                                                             
hoped that the chairs of this committee would forward a letter to                                                               
the Speaker requesting a House Judiciary Standing Committee                                                                     
referral.  Representative Kott agreed with Representative Dyson's                                                               
earlier comments regarding the need to determine if refuse service                                                              
should be regulated and if so, at what level of government which he                                                             
felt should be at the borough or municipal level.                                                                               
                                                                                                                                
CO-CHAIRMAN HARRIS commented that he believed it would be the will                                                              
of the majority of the committee members to request a House                                                                     
Judiciary Standing Committee referral.  There being no further                                                                  
testimony, the public testimony portion of the hearing was closed.                                                              
                                                                                                                                
Number 0636                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON moved that the committee adopt Amendment 2:                                                                
                                                                                                                                
     Page 7, line 20                                                                                                            
          Insert a new bill section to read:                                                                                    
                                                                                                                                
          *Section. 11. AS 29.35.050 is amended by                                                                              
          adding new subsections to read:                                                                                       
                                                                                                                                
          (k) The Alaska Public Utilities Commission shall continue                                                             
     to have regulatory authority over the collection and                                                                       
     disposal service of garbage, refuse, trash, or other                                                                       
     waste material to the public for compensation to areas of                                                                  
     the state that are not municipalities as defined under                                                                     
     Section 3(j)(2) of this Act.  Therefore, AS 42.05.431(f),                                                                  
     42.05.431(g), 42.05.711(m) and 42.05.990(4)(F) shall                                                                       
     continue to apply to areas of the state that are not                                                                       
     municipalities as defined under Section 2(j)(2) of this                                                                    
     Act.                                                                                                                       
                                                                                                                                
          (j) Municipalities with a population of 5,000 or under                                                                
     may request the Alaska Public Utilities Commission to                                                                      
     regulate the collection and disposal service of garbage,                                                                   
     refuse, trash, or other waste material to the public for                                                                   
     compensation under AS 42.05.431(f), 42.05.431(g),                                                                          
     42.05.711(i), 42.05.711(m) and 42.05.990(4)(F).                                                                            
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE DYSON commented that Amendment 2 addresses a                                                                     
significant amount of his concern.  The amendment gives the smaller                                                             
communities that would struggle with competition and regulation an                                                              
option.  Representative Dyson informed the committee that if HB 178                                                             
is moved from this committee he would support that and sign amend                                                               
on the report.  Adoption of Amendment 2 addresses one of the                                                                    
responsibilities of this committee.  With regard to the franchise                                                               
portion of HB 178, he felt that the House Labor & Commerce Standing                                                             
Committee is an appropriate place to deal with that issue.                                                                      
                                                                                                                                
Number 0769                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON moved to report CSHB 178 out of committee with                                                             
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
CO-CHAIRMAN HALCRO objected.  He expressed frustration with the                                                                 
work he has seen in which committees take a bad piece of                                                                        
legislation and move it to the next committee where it will somehow                                                             
improve.  This committee's purview is communities and not one                                                                   
community has come forward in support of this legislation.  The                                                                 
communities have stated that they do not want this.  Four letters                                                               
have been received from communities in opposition to this.                                                                      
Co-Chairman Halcro maintained his objection to report HB 178 from                                                               
committee.  However, he offered to work with the sponsor on this                                                                
over the interim.                                                                                                               
                                                                                                                                
REPRESENTATIVE MURKOWSKI informed the committee that she was not                                                                
comfortable with this legislation, but she would support reporting                                                              
it from committee.  That support is based on the fact that there                                                                
are two more committees of referral.  She emphasized the need for                                                               
HB 178 to also be assigned to the House Judiciary Standing                                                                      
Committee.  She indicated that this committee's job has been done                                                               
with regard to its purview.                                                                                                     
                                                                                                                                
CO-CHAIRMAN HARRIS agreed with Representative Murkowski.  He                                                                    
announced that he would be making a request for HB 178 to be heard                                                              
in the House Judiciary Standing Committee.                                                                                      
                                                                                                                                
REPRESENTATIVE DYSON commented that if Amendment 2 or language                                                                  
addressing the smaller communities is not maintained through the                                                                
process, the committee should request return of the bill.                                                                       
                                                                                                                                
Number 1245                                                                                                                     
                                                                                                                                
Upon a roll call vote, Representatives Dyson, Murkowski, and Harris                                                             
voted in favor of reporting CSHB 178 from committee and                                                                         
Representatives Morgan, Joule, and Halcro voted against reporting                                                               
CSHB 178 from committee.  Representative Kookesh was not present.                                                               
Therefore, the motion failed with a vote of 3-3                                                                                 
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Community & Regional Affairs Standing Committee meeting was                                                                     
adjourned at 10:03 a.m.                                                                                                         
                                                                                                                                
                                                                                                                                

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