03/11/2024 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB227 | |
| HB238 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 227 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 238 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 11, 2024
1:49 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 227
"An Act relating to liability of an electric utility for contact
between vegetation and the utility's facilities."
- HEARD & HELD
HOUSE BILL NO. 238
"An Act relating to criminal mischief in the third degree; and
providing for an effective date."
- MOVED CSHB 238(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 227
SHORT TITLE: ELECTRIC UTILITY LIABILITY
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER
01/16/24 (H) PREFILE RELEASED 1/8/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) ENE, JUD
01/23/24 (H) ENE AT 10:15 AM BARNES 124
01/23/24 (H) Heard & Held
01/23/24 (H) MINUTE(ENE)
01/25/24 (H) ENE AT 10:15 AM BARNES 124
01/25/24 (H) Moved HB 227 Out of Committee
01/25/24 (H) MINUTE(ENE)
01/26/24 (H) ENE RPT 4DP 3AM
01/26/24 (H) DP: BAKER, MCKAY, WRIGHT, RAUSCHER
01/26/24 (H) AM: SCHRAGE, ARMSTRONG, PRAX
03/06/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/06/24 (H) Heard & Held
03/06/24 (H) MINUTE(JUD)
03/08/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/08/24 (H) Heard & Held
03/08/24 (H) MINUTE(JUD)
03/11/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 238
SHORT TITLE: CRIMINAL MISCHIEF 3RD DEGREE
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
01/16/24 (H) PREFILE RELEASED 1/8/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) JUD
02/26/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/26/24 (H) Heard & Held
02/26/24 (H) MINUTE(JUD)
03/01/24 (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23
03/01/24 (H) JUD AT 1:30 PM GRUENBERG 120
03/01/24 (H) Heard & Held
03/01/24 (H) MINUTE(JUD)
03/11/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Amendment 1 to HB 227, on behalf
of Representative Vance; explained Amendment 1 to HB 238, on
behalf of Representative Vance.
REPRESENTATIVE GEORGE RAUSCHER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
227, as the prime sponsor.
KERI-ANN BAKER, Chief Strategy Officer
Homer Electric Association
Kenai, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
227.
IAN WALSH, Attorney
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
HB 227.
ALEX SCHROEDER, Staff
Representative Andy Josephson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered final comment on HB 238, on behalf
of Representative Josephson, prime sponsor.
ACTION NARRATIVE
1:49:29 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 1:49 p.m. Representatives Carpenter, C.
Johnson, Sumner, Gray, Groh, and Vance were present at the call
to order. Representative Allard arrived as the meeting was in
progress.
HB 227-ELECTRIC UTILITY LIABILITY
1:50:17 PM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 227, "An Act relating to liability of an electric
utility for contact between vegetation and the utility's
facilities."
1:50:50 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 1 to HB 227,
labeled 33-LS0969\B.3, A. Radford, 3/8/24, which read:
Page 1, line 2, following "facilities":
Insert "; relating to a vegetation management
plan for an electric utility; and providing for an
effective date"
Page 1, line 12, following "right-of-way":
Insert "and the utility was in compliance with a
vegetation management plan under AS 42.05.141(g)"
Page 2, following line 6:
Insert a new bill section to read:
"* Sec. 2. AS 42.05.141 is amended by adding a new
subsection to read:
(g) The commission shall adopt regulations
(1) requiring an electric utility to
establish a procedure in writing by which the utility
will manage vegetation to protect the reliability and
safety of the utility's facilities; and
(2) establishing standards for vegetation
management plans required under (1) of this
subsection; the standards must incorporate industry
standards and provide for regional, topographic, and
community differences in the state."
Renumber the following bill section accordingly.
Page 2, line 9:
Delete "This Act"
Insert "AS 09.65.086, added by sec. 1 of this
Act,"
Page 2, line 10, following "of":
Insert "sec. 1 of"
Page 2, following line 10:
Insert new bill sections to read:
"* Sec. 4. The uncodified law of the State of
Alaska is amended by adding a new section to read:
TRANSITION: REGULATIONS. The Regulatory
Commission of Alaska may adopt regulations necessary
to implement the changes made by this Act. The
regulations take effect under AS 44.62 (Administrative
Procedure Act), but not before the effective date of
the law implemented by the regulation.
* Sec. 5. Section 4 of this Act takes effect
immediately under AS 01.10.070(c).
* Sec. 6. Section 1 of this Act takes effect
July 1, 2025."
REPRESENTATIVE SUMNER objected.
1:51:14 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of Representative Vance, explained
Amendment 1. He stated that to be eligible for the immunity
provided under HB 227, the amendment would require regulated
utilities to establish a vegetation management plan. In
addition, the commission shall adopt regulations requiring
electric utilities to establish said vegetation management plan.
1:55:12 PM
REPRESENTATIVE SUMNER expressed concern that Amendment 1 would
expand the liability for utilities because there would be no
acknowledgment of compliance once the vegetation management plan
is implemented.
MR. BALLINGER indicated that an established vegetation
management plan would allow utilities to file a motion to
dismiss if a lawsuit were filed.
REPRESENTATIVE SUMNER questioned the bill sponsor's position on
Amendment 1.
1:58:11 PM
REPRESENTATIVE GEORGE RAUSCHER, Alaska State Legislature, prime
sponsor of HB 227, requested a moment to properly vet the
proposed amendment.
1:58:54 PM
The committee took an at-ease from 1:58 p.m. to 2:00 p.m.
2:00:17 PM
REPRESENTATIVE RAUSCHER deferred to the Regulatory Commission of
Alaska (RCA) for comment on Amendment 1.
2:00:47 PM
REPRESENTATIVE GRAY shared his understanding that a previous
version of the bill included a vegetation management plan, but
utilities found it to be too onerous.
2:01:30 PM
KERI-ANN BAKER, Chief Strategy Officer, Homer Electric
Association (HEA), stated that preparing, implementing, and
overseeing a vegetation plan is not too onerous for a utility.
She suggested inviting someone from the RCA to speak to their
responsibilities and work level, and the impact that Amendment 1
might have. She opined that regulatory oversight of the
vegetation management plan would be onerous, not the plan
itself.
REPRESENTATIVE GRAY shared his understanding that Utah is the
only other state to implement similar legislation with the
inclusion of a vegetation management plan.
2:04:00 PM
REPRESENTATIVE CARPENTER asked, from a legal perspective,
whether the utility would have to be in compliance with the
vegetation management plan if it covered a large area of land.
He moved to table Amendment 1. There being no objection, it was
so ordered.
2:06:18 PM
REPRESENTATIVE GROH said he would not be offering Amendment 2 at
this time.
2:06:27 PM
REPRESENTATIVE GRAY moved to adopt Amendment 3 to HB 227,
labeled 33-LS0969\B.2, A. Radford, 3/8/24, which read:
Page 1, line 11, following "originated":
Insert "entirely"
Page 1, line 14:
Delete "of the trunk"
REPRESENTATIVE SUMNER objected.
2:06:32 PM
REPRESENTATIVE GRAY explained that Amendment 3 would make it so
the liability shield only applies when all parts of the
vegetation in question are outside the utility's right of way.
In addition, by removing the words "of the trunk," it would
allow utilities to cut or remove vegetation within its right of
way as long as any part of that vegetation is within the right
of way.
2:07:43 PM
REPRESENTATIVE SUMNER removed his objection.
REPRESENTATIVE CARPENTER objected. He asked whether Ms. Baker
had reviewed the proposed amendment and the effect that it would
have on the legislation.
MS. BAKER explained that HEA already takes everything that
encroaches on its right of way. She shared her belief that
Amendment 3 may be interpreted differently than intended.
2:09:27 PM
REPRESENTATIVE GRAY shared his understanding that HEA is already
following the directive of Amendment 3.
REPRESENTATIVE ALLARD said she liked the proposed amendment and
reasoned that there would be no harm in putting it in statute if
the utilities are already doing it. She questioned the bill
sponsor's position on Amendment 3.
REPRESENTATIVE RAUSCHER opined that Amendment 3 is unnecessary
and confusing. Further, he conveyed that the Alaska Power
Association (APA) shares that opinion.
2:10:42 PM
REPRESENTATIVE SUMNER said he would be supportive of the
proposed amendment because to his reading, it would allow a
utility to take down a tree that is in its right of way and not
be held liable for trees entirely outside the right of way.
2:11:39 PM
REPRESENTATIVE C. JOHNSON sought to confirm that if any part of
a tree extends into the right of way, the utility can cut down
the whole tree. He asked whether that would effectually give
utilities an extra 10 feet of right of way.
REPRESENTATIVE RAUSCHER shared his understanding that if the
majority of a tree is outside the right of way, the utility
would have to be on private property to cut it down. For that
reason, he believed that Amendment 3 was confusing and not good
for the bill.
REPRESENTATIVE ALLARD asked Representative C. Johnson to
elaborate on his prior question.
REPRESENTATIVE C. JOHNSON expressed concern about private
property rights and allowing a utility to cut down an entire
tree that may partially extend into a right of way.
2:14:43 PM
The committee took an at-ease from 2:14 p.m. to 2:18 p.m.
2:18:32 PM
REPRESENTATIVE SUMNER sought to verify that if any part of the
tree is inside the right of way, the utility could take the
entire tree. In addition, he asked whether that would be
considered a taking.
IAN WALSH, Attorney, Legislative Legal Services, Legislative
Affairs Agency (LAA), said that is a possible interpretation of
Amendment 3 and offered to follow up on the requested
information.
REPRESENTATIVE SUMNER moved to table Amendment 3. There being
no objection, it was so ordered.
2:20:46 PM
REPRESENTATIVE SUMNER asked Legislative Legal Services to give
an opinion on what would constitute a taking in regard to HB
227.
MR. WALSH stated that as drafted, if a tree straddles the
boundary, it would be treated as if it were owned by both sides.
He added that he would need to follow up with governing case law
or statutes to confirm.
REPRESENTATIVE SUMNER asked Mr. Walsh to analyze the legality of
a tree that is entirely rooted on a neighboring property and
leans into the utility's easement.
2:23:00 PM
REPRESENTATIVE GRAY said by deleting "of the trunk," his
intention was to give utility's immunity from liability for
killing a tree by protecting the right of way. He asked how to
properly word the language in Amendment 3.
MR. WALSH said he would be happy to draft an amendment that
captures that intent.
CHAIR VANCE announced that HB 227 would be held over.
2:25:17 PM
The committee took an at-ease from 2:25 p.m. to 2:27 p.m.
HB 238-CRIMINAL MISCHIEF 3RD DEGREE
2:27:57 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 238, "An Act relating to criminal mischief in the
third degree; and providing for an effective date."
CHAIR VANCE opened public testimony on HB 238. After
ascertaining that no one wished to testify, she closed public
testimony.
2:28:44 PM
REPRESENTATIVE CARPENTER moved to adopt Amendment 1 to HB 238,
labeled 33-LS1101\A.4, C. Radford, 3/9/24, which read:
Page 2, lines 6 - 7:
Delete "a building, structure, or personal
property used for worship or any other religious
purpose"
Insert "(i) real property that has a place of
religious education or worship located on it and is
owned, leased, or used by a religious organization or
used for any religious purpose; or
(ii) tangible personal property used by a
religious organization or used for any religious
purpose"
Page 2, line 14:
Delete "institution"
Insert "organization"
Page 2, lines 15 - 16:
Delete "a building, structure, or personal
property used for worship or any other religious
purpose"
Insert "real property or tangible personal
property under (a)(3)(C) of this section"
Page 2, line 17:
Delete "institution"
Insert "organization"
Page 2, line 18:
Delete "building, structure, or personal
property"
Insert "real property or tangible personal
property"
REPRESENTATIVE GRAY objected for the purpose of discussion.
2:29:21 PM
MR. BALLINGER read the new language in Amendment 1.
REPRESENTATIVE GRAY removed his objection. There being no
further objection, Amendment 1 was adopted.
CHAIR VANCE invited the bill sponsor to provide closing comments
on the bill, as amended.
2:31:40 PM
ALEX SCHROEDER, Staff, Representative Andy Josephson, Alaska
State Legislature, on behalf of Representative Josephson, prime
sponsor of HB 238, characterized Amendment 1 as a "friendly"
amendment.
2:32:28 PM
REPRESENTATIVE CARPENTER moved to report HB 238, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
238(JUD) was reported from the House Judiciary Standing
Committee.
2:33:37 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:33 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 227 - Amendment #2 (B.4) by Rep. Groh.pdf |
HJUD 3/11/2024 1:00:00 PM |
HB 227 |
| HB 227 - Amendment #3 (B.2) by Rep. Gray.pdf |
HJUD 3/11/2024 1:00:00 PM |
HB 227 |
| HB 238 - Amendment #1 (A.4) by Rep. Vance.pdf |
HJUD 3/11/2024 1:00:00 PM |
HB 238 |
| HB 227 - Amendment #1 (B.5) by Rep. Vance.pdf |
HJUD 3/11/2024 1:00:00 PM |
HB 227 |