Legislature(2019 - 2020)BUTROVICH 205

03/09/2020 03:30 PM Senate RESOURCES

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03:30:30 PM Start
03:31:17 PM SB193
04:01:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
<Bill Hearing Canceled>
-- Public Testimony --
Heard & Held
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**Streamed live on AKL.tv**
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         March 9, 2020                                                                                          
                           3:30 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator John Coghill, Vice Chair                                                                                                
Senator Click Bishop                                                                                                            
Senator Cathy Giessel                                                                                                           
Senator Joshua Revak                                                                                                            
Senator Scott Kawasaki                                                                                                          
Senator Jesse Kiehl                                                                                                             
MEMBERS ABSENT                                                                                                                
Senator Peter Micciche, Chair                                                                                                   
COMMITTEE CALENDAR                                                                                                            
SENATE BILL NO. 193                                                                                                             
"An Act relating to liability of an electric utility for contact                                                                
between vegetation and the utility's facilities; and relating to                                                                
vegetation management plans."                                                                                                   
     - HEARD & HELD                                                                                                             
SENATE BILL NO. 189                                                                                                             
"An  Act relating  to the  fish and  game fund;  establishing the                                                               
sport fishing  enhancement surcharge;  relating to the  repeal of                                                               
the sport fishing facility surcharge;  providing for an effective                                                               
date  by amending  the effective  date of  sec. 21,  ch. 18,  SLA                                                               
2016; and providing for an effective date."                                                                                     
     - BILL HEARING CANCELED                                                                                                    
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: SB 193                                                                                                                  
SHORT TITLE: ELECTRIC UTILITY LIABILITY                                                                                         
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
02/14/20       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/20       (S)       RES                                                                                                    
03/09/20       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
WITNESS REGISTER                                                                                                              
CHRISTIAN ENGLISH, Intern                                                                                                       
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of SB 193.                                                                           
RYNNIEVA MOSS, Staff                                                                                                            
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided a sectional analysis and answered                                                                
questions regarding SB 193.                                                                                                     
TRAVIS MILLION, Chief Executive Officer                                                                                         
Copper Valley Electric Association                                                                                              
Glennallen, Alaska                                                                                                              
POSITION STATEMENT: Testified in support of SB 193.                                                                           
MICHAEL ROVITO, Deputy Director                                                                                                 
Alaska Power Association                                                                                                        
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 193.                                                                           
JOHN LEMAN, General Counsel                                                                                                     
Alaska Power Association                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 193.                                                                           
ACTION NARRATIVE                                                                                                              
3:30:30 PM                                                                                                                    
VICE-CHAIR  JOHN COGHILL  called  the  Senate Resources  Standing                                                             
Committee meeting  to order at 3:30  p.m. Present at the  call to                                                               
order  were Senators  Kiehl, Bishop,  Revak,  Giessel, and  Vice-                                                               
Chair Coghill. Senator Kawasaki arrived shortly thereafter.                                                                     
               SB 193-ELECTRIC UTILITY LIABILITY                                                                            
3:31:17 PM                                                                                                                    
VICE-CHAIR  COGHILL announced  that  the only  order of  business                                                               
would be  SENATE BILL NO. 193,  "An Act relating to  liability of                                                               
an  electric  utility  for contact  between  vegetation  and  the                                                               
utility's  facilities;  and  relating  to  vegetation  management                                                               
He noted that he is the sponsor of Senate Bill 193 (SB 193).                                                                    
3:32:27 PM                                                                                                                    
CHRISTIAN ENGLISH, Intern, Senator John Coghill, Alaska State                                                                   
Legislature, Juneau, Alaska, read the following sponsor                                                                         
statement for SB 193:                                                                                                           
     This Senate Bill further  defines the responsibility of                                                                    
     a utility  providing electrical service to  the public,                                                                    
     and the damages in which they can be held liable for.                                                                      
     Senate Bill 193  makes clear in statute  that a utility                                                                    
     offering electrical  service to  the public may  not be                                                                    
     held  liable for  property damage,  death, or  personal                                                                    
     injury  resulting from  contact between  vegetation and                                                                    
     the  utility's  facilities,  unless the  vegetation  is                                                                    
     located   entirely  within   the   boundaries  of   the                                                                    
     utility's right-of-way or if  the utility fails to have                                                                    
     a  written  vegetation  management  plan  or  fails  to                                                                    
     comply with that plan.                                                                                                     
     To  specify, an  electric  utility is  not  to be  held                                                                    
     liable  for damages  that  come about  as  a result  of                                                                    
     natural  events  moving  vegetation into  a  facility's                                                                    
     right-of-way. Nor  is a utility  to be held  liable for                                                                    
     damages  caused  by  an unaffiliated  person  or  party                                                                    
     recklessly   endangering   a    facility   by   causing                                                                    
     vegetation to fall into its right-of-way.                                                                                  
     SB  193 protects  responsible  electric utilities  from                                                                    
     being held  liable for  the cost  of damages  caused by                                                                    
     vegetation that  they either cannot control  or are not                                                                    
     permitted to maintain,  consequently this also protects                                                                    
     Alaska  electric  customers  from having  to  bear  the                                                                    
     brunt of  those costs  through their  rates in  a state                                                                    
     where  electric utility  service costs  are already  so                                                                    
3:33:01 PM                                                                                                                    
SENATOR KAWASAKI joined the committee meeting.                                                                                  
VICE-CHAIR COGHILL asked for a sectional analysis on SB 193.                                                                    
3:34:50 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature, Juneau,  Alaska, noted  that the language  in Alaska                                                               
Statute (AS) 09.65.085 regarding  electrical utility liability in                                                               
SB 193  is language passed in  a 1997 tort reform  bill sponsored                                                               
by Representative  Porter. The  reform bill  came about  when the                                                               
courts were looking  at utilities as providing  a product instead                                                               
of a service. The reform  bill released electrical utilities from                                                               
strict liability  where providing a product  meant utilities were                                                               
at fault  no matter  what. The strict  liability language  in the                                                               
reform bill protected utilities as  providers of a service rather                                                               
than a product.                                                                                                                 
MS.  MOSS  detailed  that  section  1 of  the  bill  adds  a  new                                                               
paragraph  (2) to  AS 09.65.085(a).  It provides  that if  damage                                                               
starts entirely  within the right-of-way  then the  utility would                                                               
be  responsible. However,  should a  neighboring property  drop a                                                               
tree, for  instance, on a  line and start  a fire, that  would be                                                               
the responsibility of the property  owner who owned the tree that                                                               
fell into the right-of-way.                                                                                                     
She said section 1 also  includes caveats to [AS 09.65.085(a)(2)]                                                               
in subparagraphs  (A) and (B)  that hold the  utility responsible                                                               
if it  does not write a  vegetation management plan or  comply to                                                               
the plan.                                                                                                                       
3:36:37 PM                                                                                                                    
VICE-CHAIR COGHILL asked about section 2 in the bill.                                                                           
MS.  MOSS  explained  that section  2  adds  "written  vegetation                                                               
management  plan  or  policy"  [in   new  subsection  (c)  to  AS                                                               
VICE-CHAIR COGHILL  added that the  written vegetation plan  is a                                                               
MS. MOSS answered yes.                                                                                                          
VICE-CHAIR  COGHILL  noted that  the  requirement  for a  written                                                               
plan, that matches this liability,  has not been in statute until                                                               
MS. MOSS  pointed out that the  bill still has language  from the                                                               
1997 reform bill  that a utility is not  precluded from liability                                                               
for civil damages  that are the result  of intentional, reckless,                                                               
or negligent acts or omissions, [AS 09.65.085(b)].                                                                              
3:37:16 PM                                                                                                                    
VICE-CHAIR COGHILL opened public testimony.                                                                                     
He said the  utilities probably will want to speak  to SB 193. He                                                               
explained  that based  on  the recent  fires  in California,  the                                                               
legislation    addresses    both     utility    and    individual                                                               
responsibility. In  Alaska, trees are big  enough to occasionally                                                               
fall across  a right-of-way into  powerlines. The  bill addresses                                                               
responsibility questions  based on  a vegetation  management plan                                                               
and landowners who have trees along right-of-ways.                                                                              
SENATOR KIEHL asked  what needs to be in  a vegetation management                                                               
MS. MOSS replied  each utility has a  vegetation management plan.                                                               
In  Fairbanks, Golden  Valley Electric  Association (GVEA)  has a                                                               
monthly  clearing schedule  in its  management plan  for property                                                               
owner areas and powerline rights-of-way.                                                                                        
She  noted that  GVEA removed  cottonwood trees  on her  property                                                               
that could  have fallen  on powerlines.  Property owners  that do                                                               
not  allow  utilities to  remove  trees  that  are in  danger  of                                                               
falling into a right-of-way is  an issue. Utilities have no right                                                               
to cut down a tree that is not in their right-of-way.                                                                           
3:39:49 PM                                                                                                                    
TRAVIS MILLION,  Chief Executive Officer, Copper  Valley Electric                                                               
Association, Glennallen, Alaska, testified  in support of SB 193.                                                               
He  noted  that  the  right-of-way management  plan  that  Copper                                                               
Valley  Electric Association  (CVEA) has  specifically calls  out                                                               
time frames to maintain its rights-of-way.                                                                                      
He  detailed   that  CVEA  separates  its   management  plan  for                                                               
transmission lines into northern  and southern districts. Valdez,                                                               
located in  the southern  district, gets  more rain  and requires                                                               
right-of-way  maintenance  every  5   to  7  years,  whereas  the                                                               
northern district  requires right-of-way  maintenance every  7 to                                                               
10 years.  Distribution lines  right-of-way maintenance  is based                                                               
on growth patterns and rotates from 5 to 10 years.                                                                              
SENATOR BISHOP asked what CVEA's clearing limits are.                                                                           
MR. MILLION  answered that clearing  limits are based  on whether                                                               
the lines are  distribution or transmission but  about 95 percent                                                               
of CVEA's  distribution lines have  a 30-foot  right-of-way which                                                               
means 15  feet from the  pole on either side.  Transmission lines                                                               
have a  100-foot right-of-way,  so 50 feet  from the  center line                                                               
outwards on either side.                                                                                                        
VICE-CHAIR COGHILL  offered his understanding that  any tree that                                                               
is over  60 feet could be  an issue if it  is on the edge  of the                                                               
MR. MILLION answered correct.                                                                                                   
3:41:49 PM                                                                                                                    
VICE-CHAIR  COGHILL noted  that  having trees  over 60-feet  tall                                                               
near the right-of-way is not uncommon.                                                                                          
He asked Mr. Million to  provide his testimony specifically on SB
MR.  MILLION  detailed  that CVEA  is  an  electrically  isolated                                                               
electric cooperative  serving 3,800  members in  Interior Alaska.                                                               
CVEA,  which  is  headquartered  in Glennallen,  serves  a  large                                                               
service  area that  encompasses Valdez  to the  south, 160  miles                                                               
north of Valdez, and 100 miles east and west of Valdez.                                                                         
He said SB  193 will clarify in statute that  holding an electric                                                               
utility  liable for  property damage,  death, or  personal injury                                                               
resulting from the  contact of vegetation outside  of a utility's                                                               
right-of-way  and  utility  infrastructure  may  not  occur.  The                                                               
legislation  protects ratepayers  which in  most cases  in Alaska                                                               
are the member-owners of the  electric cooperative or citizens of                                                               
the municipality.                                                                                                               
MR. MILLION noted  that even prior to the news  of the California                                                               
wildfires,  CVEA has  been  very aggressive  over  the last  five                                                               
years to  reestablish and  maintain the  utility's rights-of-way.                                                               
Not  only is  it CVEA's  responsibility  as the  stewards of  the                                                               
utility rights-of-way, it is also the right thing to do.                                                                        
He  said   maintaining  rights-of-way  in  Alaska   can  be  very                                                               
difficult work. In places like  Southeast and even in Valdez, the                                                               
trees  and  vegetation  grow   back  quickly.  CVEA's  vegetation                                                               
management  plan describes  the clearing  width of  rights-of-way                                                               
for both  distribution and transmission assets.  The methods used                                                               
to clear rights-of-way include both  hand clearing and the use of                                                               
mechanical equipment  such as Fecon mowers  and vertical clearing                                                               
machines.  CVEA  also  reviews the  rotation  and  frequency  for                                                               
clearing feeder  lines in any  given year. CVEA maintains  a 100-                                                               
foot-wide clearing  for its 106-mile-long transmission  line from                                                               
Glennallen to  Valdez that runs  through some of the  most rugged                                                               
terrain in  Alaska. CVEA reestablished  nearly the  entire length                                                               
of the line since 2016.                                                                                                         
MR. MILLION stated  that if a tree from  outside the right-of-way                                                               
were to  come in contact  with a CVEA line  and cause a  fire, it                                                               
does not seem right for the  utility that has an established plan                                                               
and is doing  its due diligence to maintain  its rights-of-way to                                                               
be held liable  for property damage caused by that  tree, even if                                                               
the utility does not have the legal right to remove it.                                                                         
He said unlike many utilities  in the Lower 48, remotely isolated                                                               
utilities run the risk of having  to shut down their power system                                                               
if a lawsuit  were to bankrupt the utility. In  most cases, there                                                               
is   not  another   option   to   receive  electrical   services.                                                               
Essentially, a  utility liability  lawsuit would  ultimately hurt                                                               
the  member-owners,  not  the   shareholders  like  a  for-profit                                                               
electrical utility.  Without the  changes to Alaska  statute that                                                               
SB 193 introduces, there are  very few cost-effective options for                                                               
the  utilities to  mitigate their  liability  risks. Again,  CVEA                                                               
must pass any cost burden on to its member-owners.                                                                              
MR.  MILLION  said  increasingly  warm summers  in  the  Interior                                                               
brings  drier  conditions,  increased numbers  of  Spruce  beetle                                                               
killed trees, and  higher risk of wildfires. Passing  SB 193 will                                                               
protect the Alaska electric utilities and their member-owners.                                                                  
3:45:13 PM                                                                                                                    
SENATOR KAWASAKI asked how a  utility works with a property owner                                                               
who has a large tree at the edge of the right-of-way.                                                                           
MR. MILLION  answered that CVEA handles  right-of-way issues with                                                               
trees  on a  case-by-case basis.  CVEA first  identifies who  the                                                               
property  owner  is and  then  discusses  whether they  would  be                                                               
willing to  allow CVEA to  remove the  tree. In most  cases, CVEA                                                               
member-owners are  willing to allow clearing.  However, there are                                                               
a few  people who really  enjoy their trees  and do not  want the                                                               
trees cut down for any reason.                                                                                                  
VICE-CHAIR COGHILL noted  that he topped a tree near  his home to                                                               
avoid interfering with a powerline right-of-way.                                                                                
3:46:44 PM                                                                                                                    
MICHAEL  ROVITO,  Deputy   Director,  Alaska  Power  Association,                                                               
Palmer, Alaska,  testified in  support of SB  193. He  noted that                                                               
the  Alaska   Power  Association  (APA)  is   a  statewide  trade                                                               
association representing the electric utilities in Alaska.                                                                      
He said SB  193 will clarify in statute that  holding an electric                                                               
utility  liable for  property damage,  death, or  personal injury                                                               
resulting from the  contact of vegetation outside  of a utility's                                                               
right-of-way  and utility  infrastructure may  not occur.  SB 193                                                               
will protect Alaska's electric  ratepayers from shouldering costs                                                               
related to  damage caused  by vegetation  outside of  a utility's                                                               
control.  SB 193  also requires  utilities to  create and  follow                                                               
written  vegetation  management  plans   for  the  easements  and                                                               
rights-of-way that they do control.                                                                                             
MR. ROVITO explained that Alaska  is largely a public-power state                                                               
meaning  there are  no outside  investors to  absorb the  cost of                                                               
lawsuits  filed against  the utility.  It is  the ratepayers  who                                                               
bear  the  cost.  SB  193   will  protect  ratepayers  from  rate                                                               
increases  brought  on by  costly  litigation  related to  damage                                                               
caused by vegetation a utility cannot control.                                                                                  
He reiterated  that electric utilities  do not have  legal access                                                               
to vegetation  located on land  located outside of  the utility's                                                               
right-of-way. Not  having access creates a  situation where trees                                                               
or other  vegetation outside the  right-of-way, but  large enough                                                               
to fall inside  the right-of-way and contact  powerlines or other                                                               
utility  infrastructure, pose  an  uncontrollable risk.  Electric                                                               
utilities  should  not  bear  the  burden  of  defending  against                                                               
lawsuits  over wildfires  or other  damage  caused by  vegetation                                                               
beyond  those utilities'  easements  and rights-of-way.  Electric                                                               
utilities should have protection when  they develop and carry out                                                               
vegetation management  plans within  their easements  and rights-                                                               
He said the reforms in SB  193 will protect Alaska consumers from                                                               
ultimately  having to  pay the  costs through  electric rates  in                                                               
cases  where  fires  begin  on property  not  under  a  utility's                                                               
control.  Electric  utilities outside  of  Alaska  have run  into                                                               
serious financial  difficulties in such instances,  and Alaska is                                                               
starting to see some litigation.                                                                                                
He  stated that  without the  immediate changes  made through  SB
193,  the only  alternatives  for utilities  is  to consider  the                                                               
costly  options of  either burying  electric  lines or  acquiring                                                               
easements  to  eliminate  the possibility  that  vegetation  from                                                               
outside  of  the  right-of-way   ever  contacts  powerlines.  The                                                               
easement   acquisition  option   is   also  environmentally   and                                                               
logistically unfeasible in most areas.                                                                                          
He  concluded that  as the  cause of  wildfires increases  due to                                                               
hotter and  drier summers, invasive  insects, and  longer growing                                                               
seasons, it  is imperative that  SB 193 pass to  protect Alaska's                                                               
electric utilities and their ratepayers.                                                                                        
3:50:03 PM                                                                                                                    
SENATOR  KIEHL  noted  the use  of  the word  "entirely"  in  the                                                               
bill  regarding the  base of  a tree  being entirely  outside  of                                                               
the  right-of-way.  He asked  what  occurs  if a tree  grows  and                                                               
leans  above the right-of-way.                                                                                                  
3:50:46 PM                                                                                                                    
JOHN   LEMAN,   General   Counsel,  Alaska   Power   Association,                                                               
Anchorage, Alaska,  testified in support  of SB 193.  He conceded                                                               
that trees do  not generally observe the property  lines so there                                                               
could be  a situation where  a tree hangs  over. He said  he does                                                               
not believe that  Alaska law would let a utility  cut down a tree                                                               
that is  growing from an  adjacent parcel of land.  An electrical                                                               
utility may  have the ability to  do some trimming to  the extent                                                               
that  the  tree  is  growing   into  the  right-of-way.  However,                                                               
"entirely" is in  the bill because vegetation  that is straddling                                                               
the right-of-way boundary  complicates what a utility  must do in                                                               
the interest of powerline protection.                                                                                           
SENATOR KIEHL  noted that one  of the things associated  with the                                                               
California  fires  was powerlines  catching  fire  due to  strong                                                               
winds  blowing  material into  them.  He  asked if  the  airborne                                                               
branch  is entirely  within the  utility right-of-way  or is  the                                                               
base of the tree.                                                                                                               
MR.  LEMAN answered  that  the way  the bill  reads  is that  the                                                               
airborne branch would be vegetation  outside of the right-of-way.                                                               
He reiterated  that there is  nothing the  utility can do  if the                                                               
branch from  a tree  that was outside  of the  right-of-way blows                                                               
off in a storm.                                                                                                                 
VICE-CHAIR COGHILL  noted that his experience  is that electrical                                                               
utilities  will work  with homeowners,  especially  if they  know                                                               
they have a liability.                                                                                                          
3:53:04 PM                                                                                                                    
MR. LEMAN agreed that a utility has  a lot of incentive to try to                                                               
keep any  tree, either inside  or outside the  right-of-way, from                                                               
contacting their  powerlines. In  addition to fire  prevention, a                                                               
utility  wants  to  maintain system  integrity,  not  have  angry                                                               
customers who do not have power,  and avoid the cost of repairing                                                               
powerlines in remote areas. Alaska's  electric utilities are very                                                               
willing to take out a tree  that is over the right-of-way line if                                                               
the landowner  will let them. When  they are already in  the area                                                               
clearing the easement or right-of-way, the cost is minimal.                                                                     
SENATOR KIEHL  referred to the provision  on page 2, line  6 that                                                               
does not shield a utility from  civil damages that are the result                                                               
of  an  intentional,  reckless,  or negligent  act.  He  said  he                                                               
doesn't  believe that  applies to  this, but  he wonders  why the                                                               
legislature  would  want   to  provide  a  shield   for  even  an                                                               
intentional or negligent act.                                                                                                   
MR. LEMAN  answered that the purpose  of the bill is  to preclude                                                               
someone  from saying  that  a  utility was  negligent  if a  tree                                                               
outside  the right-of-way  caused a  fire. He  said he  is having                                                               
trouble  imagining saying  someone  intentionally  caused a  fire                                                               
from  outside  the  right-of-way.  The intent  is  to  avoid  the                                                               
negligence argument.  There have been  utilities in the  Lower 48                                                               
that  had juries  say  a  utility was  negligent  because a  tree                                                               
outside the right-of-way  fell on the powerline. He  said this is                                                               
designed to protect against that.                                                                                               
He  added  that,  regarding vegetation  within  the  right-of-way                                                               
itself, the  question is going  to be  whether the utility  had a                                                               
written   vegetation    management   plan   and    whether   they                                                               
substantially  complied  with  it.  That  is  what  is  going  to                                                               
determine liability  for vegetation  inside the  right-of-way, he                                                               
He summarized  that the  section in  the bill  sets the  rules of                                                               
liability  in a  clearer way  than just  a common  law negligence                                                               
3:56:07 PM                                                                                                                    
MS. MOSS said she believes Senator  Kiehl is correct; the bill is                                                               
written incorrectly. As written,  precluding liability applies to                                                               
paragraph  (A)(1)  and  it should  preclude  liability  for  both                                                               
paragraph (A) and paragraph (B).                                                                                                
VICE-CHAIR COGHILL said  his office will have to  ask the drafter                                                               
for assistance.                                                                                                                 
SENATOR  BISHOP   commented  that   the  intent  is   to  protect                                                               
ratepayers  from  not paying  for  something  that they  are  not                                                               
responsible for.                                                                                                                
VICE-CHAIR  COGHILL said  the  intent  is to  draw  a clean  line                                                               
between when the  utility is responsible and liable  and when the                                                               
property owner is responsible and liable.                                                                                       
MS.  MOSS suggested  that homeowners  make  sure they  understand                                                               
what  their  liability  is   under  their  homeowner's  insurance                                                               
policy. She noted  that most utilities carry up to  $2 million in                                                               
liability insurance for right-of-way damages.                                                                                   
SENATOR BISHOP remarked that GVEA  in Fairbanks would rather send                                                               
a bucket truck and two guys to take  down a tree then to send two                                                               
line-trucks in the  dead of winter to  put in a new  pole and new                                                               
3:58:23 PM                                                                                                                    
SENATOR   GIESSEL  agreed   and  noted   that  Chugach   Electric                                                               
Association in  Anchorage would  also be happy  to help  remove a                                                               
VICE-CHAIR  COGHILL remarked  that the  utilities have  worked on                                                               
vegetation management,  but liability becomes a  key question due                                                               
to the fires in California.                                                                                                     
MR.  LEMAN   offered  his   understanding  that   most  homeowner                                                               
insurance  would  cover  damage  to  homes  and  businesses  from                                                               
He maintained  that line  6 on  page 2  is written  correctly. He                                                               
said he  would be  concerned about  rewriting subsection  (b) and                                                               
reimposing a negligence standard  for trees outside the right-of-                                                               
way when  the bill  is trying  to say  there is  not going  to be                                                               
liability  in  that circumstance.  He  added  that liability  for                                                               
vegetation within the  right-of-way is going to  be determined by                                                               
the vegetation management plan.                                                                                                 
VICE-CHAIR  COGHILL said  the committee  will look  at subsection                                                               
(b) again to make sure  the liability ladder of responsibility is                                                               
properly  in context.  He suggested  that the  legal drafter  may                                                               
provide an explanation.                                                                                                         
4:00:46 PM                                                                                                                    
VICE-CHAIR COGHILL  announced that  public testimony  will remain                                                               
open for SB 193.                                                                                                                
He commented that transmission issues  in Alaska and the Lower 48                                                               
are getting tougher.                                                                                                            
4:01:19 PM                                                                                                                    
VICE-CHAIR COGHILL held SB 193 in committee.                                                                                    
4:01:48 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Vice-Chair Coghill adjourned the Senate Resources Standing                                                                      
Committee meeting at 4:01 p.m.                                                                                                  

Document Name Date/Time Subjects
SB 189 Written Testimony Alaska Trollers Assoc. 03.06.2020.pdf SRES 3/9/2020 3:30:00 PM
SB 189
SB 189 Support Document - ADFG Response 3.4.20.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/18/2020 3:30:00 PM
SB 189
SB 189 Support Document - Stocking FAQ 02.29.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/18/2020 3:30:00 PM
SB 189
SB 189 Support Document - Surcharge Revenue Breakdown revised- 03.04.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/18/2020 3:30:00 PM
SB 189
SB 189 Draft Amendment v. A.1.pdf SRES 3/9/2020 3:30:00 PM
SB 189
SB 193 v. U.PDF SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 Sponsor Statement v. U.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 White Paper APA 02.25.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 Written Testimony APA 02.25.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 Written Testimony Chugach Electric Assoc 02.26.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 193 Fiscal Note LAW-CIV 03.06.2020.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/16/2020 3:30:00 PM
SB 193
SB 189 ADF&G Followup answers to committee questions.pdf SRES 3/9/2020 3:30:00 PM
SRES 3/18/2020 3:30:00 PM
SB 189