00 HOUSE BILL NO. 161                                                                                                      
01 "An Act relating to deregulation of public utilities furnishing collection and                                          
02 disposal service of waste material."                                                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 29.35.070(a) is amended to read:                                                                    
05  (a)  The assembly acting for the area outside all cities in the borough and the                                       
06 council acting for the area in a city may regulate, fix, establish, and change the rates                                
07 and charges imposed for a utility service provided to the municipality or its inhabitants                               
08 by a utility that is not subject to regulation under AS 42.05 unless that utility is                                    
09 exempted from regulation under AS 42.05.711(a), (d) - (h) or (k) [(d) - (k)] or is                                  
10 exempted under regulations adopted under AS 42.05.810 from complying with all or                                        
11 part of AS 42.05.010 - 42.05.721.                                                                                       
12    * Sec. 2.  AS 38.05.810(f) is amended to read:                                                                       
13  (f)  The commissioner shall lease state land for telephone or electric                                                
14 transmission and distribution lines for less than the appraised value of the land if the                                
01 lessee is a nonprofit cooperative association organized under AS 10.25.  The                                            
02 commissioner may lease state land that is not located within the boundary of a                                          
03 municipality for the disposal of garbage, refuse, trash, or other waste material for less                               
04 than the appraised value of the land if the lessee is approved by the commissioner                                     
05 and collects and disposes [A LICENSED PUBLIC UTILITY AUTHORIZED TO                                                     
06 COLLECT AND DISPOSE] of garbage, refuse, trash, or other waste material outside                                         
07 the boundaries of a municipality.  Before determining the annual rental, the                                            
08 commissioner shall consider the nature of the public service rendered by the nonprofit                                  
09 cooperative association or approved lessee [LICENSED PUBLIC UTILITY] and the                                          
10 terms of the grant under which the land was acquired by the state.  A nonprofit                                         
11 cooperative association may not construct improvements other than transmission or                                       
12 distribution lines and substations on land leased under this subsection.  An approved                                  
13 lessee [A LICENSED PUBLIC UTILITY] may not construct permanent improvements                                            
14 on land leased under this subsection that are not related to the purpose of the lease.                                  
15    * Sec. 3.  AS 42.05.712(h) is amended to read:                                                                       
16  (h)  A utility or cooperative that is already exempt from regulation under this                                       
17 section or that is exempt from regulation under AS 42.05.711(e) [, (i),] or (k) may                                     
18 elect to terminate its exemption in the same manner.                                                                    
19    * Sec. 4.  AS 29.35.050(b), 29.35.050(c); AS 42.05.711(i), 42.05.711(m), and                                         
20 42.05.990(4)(F) are repealed.