00 SENATE BILL NO. 133 01 "An Act creating and providing for the Alaska Energy Conservation Commission 02 and transferring to it the powers and duties of the Alaska Public Utilities 03 Commission and the Alaska Oil and Gas Conservation Commission; repealing 04 the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation 05 Commission; relating to regulation of waste collection and disposal; relating to 06 the powers of the chair of the Alaska Energy Conservation Commission; relating 07 to the appellate procedures of the Alaska Energy Conservation Commission; and 08 providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 42 is amended by adding a new chapter to read: 11 Chapter 42.04. Alaska Energy Conservation Commission. 12 Article 1. Commission and Staff. 13  Sec. 42.04.010. Alaska Energy Conservation Commission created. (a) 14 There is created as an independent agency of the state the Alaska Energy Conservation 01 Commission. 02  (b) The commission may nominate one of its members to serve as chair. The 03 governor shall designate the chair of the commission, either by selecting the member 04 nominated by the commission or another member. The term as chair is four years. 05 The chair may not be appointed to successive terms as chair. 06  Sec. 42.04.020. Commissioners. (a) The commission consists of seven 07 commissioners appointed by the governor and confirmed by the legislature in joint 08 session. 09  (b) One member of the commission shall be a licensed professional engineer 10 with educational and professional background in the field of petroleum engineering. 11 One member shall be a geologist with educational and professional background in the 12 field of petroleum geology. Five members shall be public members and need not have 13 a background in petroleum engineering or petroleum geology. 14  (c) The term of office of each member is six years. A commissioner, upon the 15 expiration of a term, shall continue to hold office until a successor is appointed and 16 qualified. 17  (d) A vacancy arising in the office of a commissioner shall be filled by 18 appointment by the governor and confirmed by the legislature in joint session, and, 19 except as provided in AS 39.05.080(4), an appointee selected to fill a vacancy shall 20 hold office for the balance of the full term for which the predecessor on the 21 commission was appointed. 22  (e) A vacancy in the commission does not impair the authority of a quorum 23 of commissioners to exercise all the powers and perform all the duties of the 24 commission. 25  (f) The governor may remove a commissioner from office for cause, including 26 incompetence, neglect of duty, or misconduct in office. A commissioner, to be 27 removed for cause, shall be given a copy of the charges and afforded an opportunity 28 to be publicly heard in person or by counsel in the commissioner's own defense upon 29 not less than 10 days' notice. If a commissioner is removed for cause, the governor 30 shall file with the lieutenant governor a complete statement of all charges made against 31 the commissioner and the governor's finding based on the charges, together with a 01 complete record of the proceedings. 02  (g) Members of the commission are in the exempt service. The petroleum 03 geologist and the petroleum engineer are entitled to a monthly salary equal to Step D, 04 Range 27, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska. The public 05 members of the commission, other than the chair, are entitled to a monthly salary equal 06 to Step C, Range 26, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska. 07 The chair of the commission is entitled to a monthly salary equal to Step D, Range 27, 08 of the salary schedule in AS 39.27.011(a) for Juneau, Alaska. 09  (h) Each commissioner, before entering upon the duties of office, shall take 10 and subscribe to the oath prescribed for principal officers of the state. 11  Sec. 42.04.030. Principal office; seal. (a) The commission shall establish a 12 principal office and branch offices necessary to discharge its business efficiently. For 13 the convenience of the public or of parties to a proceeding, the commission may hold 14 meetings, hearings, or other proceedings at other locations. 15  (b) The commission shall have an official seal. 16  Sec. 42.04.040. Legal counsel. (a) The Department of Law shall provide full- 17 time legal counsel to the commission. The legal counsel provided by the Department of Law 18 is subject to the approval of the commission. 19  (b) The commission may contract for the services of specialized legal counsel 20 or legal consultants. 21  Sec. 42.04.050. Employment of commission personnel. (a) The chair of the 22 commission is responsible for directing the administrative functions of the commission 23 and carrying out the policies as set by the commission. The commission chair may 24 employ engineers, hearing officers, administrative law judges to the extent provided 25 by AS 42.06.140(b), experts, clerks, accountants, and other agents and assistants 26 considered necessary. Employees of the commission who are not in the exempt 27 service under AS 39.25.110, other than legal counsel, are in the classified service 28 under AS 39.25.100. 29  (b) In addition to the staff of regular employees, the commission chair may 30 contract for and engage the services of consultants and experts considered necessary. 31  Sec. 42.04.060. Restrictions on members and employees. (a) A member of 01 the commission or an employee of the commission may not have an official connection 02 with, hold stock or securities in, or have a pecuniary interest in a public utility within 03 the state. Membership in a cooperative association is not a "pecuniary interest" within 04 the meaning of this section; however, a member or employee of the commission may 05 not be an officer, board member, or employee of a cooperative association. A member 06 or employee may not act upon a matter in which a relationship of the member or 07 employee with any person creates a conflict of interest. 08  (b) A member or employee of the commission may not, after leaving the 09 position as a member or employee of the commission, act as agent for or on behalf of 10 a public utility in any matter before the commission that was before the commission 11 during the employee's employment or the member's term of office. A violation of this 12 subsection is a class A misdemeanor. 13  (c) A member or employee of the commission may not have an official 14 connection with, hold stock or securities in, or have a pecuniary interest in, a 15 corporation, company, or association engaged in the production or the transportation 16 of oil or gas. A member or employee may not act upon a matter in which the 17 relationship of the member or employee with any person creates a conflict of interest. 18  (d) Members and employees of the commission, except clerical and secretarial 19 staff, are subject to AS 39.50. Members and employees of the commission are subject 20 to AS 39.52. 21  (e) A member of the commission is disqualified from voting upon any matter 22 before the commission in which the member has a conflict of interest. 23  Sec. 42.04.070. Powers and duties of commission chair. (a) The chair of 24 the commission shall 25  (1) employ the commission staff; 26  (2) establish and implement a time management system for the 27 commission; 28  (3) assign the work of the commission to members and staff of the 29 commission so that matters before the commission are resolved as expeditiously and 30 competently as possible; when assigning a matter, the chair shall also set a date by 31 which time the matter should be completed. 01  (b) The chair of the commission may appoint a hearing officer to hear a matter 02 that has come before the commission; a member of the commission may serve as 03 hearing officer. 04  (c) When the chair of the commission believes that it is in the public interest 05 for the commission to participate as a party in an adjudicatory matter, the chair shall 06 enter into a personal services contract on behalf of the commission with a person to 07 represent the public interest in the matter. 08  Sec. 42.04.080. Decision-making procedures. (a) Except as provided in 09 AS 42.05.171 and AS 42.06.140, when a matter comes for decision before the 10 commission under AS 31.05, AS 42.05, or AS 42.06, the chair shall appoint a hearing 11 panel composed of three or more members to hear and decide the case. The panel 12 shall exercise the powers of the commission with respect to the matter. If the matter 13 concerns oil, gas, or an oil or gas pipeline, the member of the commission who is a 14 petroleum geologist and the member of the commission who is a petroleum engineer 15 shall be members of the panel. 16  (b) A decision of a hearing panel under AS 31.05, AS 42.05, or AS 42.06 may 17 be appealed to a five-member appellate panel of the commission. The chair shall 18 appoint the members of the appellate panel, one of whom must be the chair. The 19 members of the hearing panel may be appointed to serve on the appellate panel. The 20 appellate panel may grant or deny a request for hearing the appeal. 21 Article 2. Communications Carriers Section. 22  Sec. 42.04.100. Communications carriers section. There is established 23 within the commission a communications carriers section that shall develop, 24 recommend, and administer policies and programs with respect to the regulation of 25 rates, services, accounting, and facilities of communications common carriers within 26 the state involving the use of wire, cable, radio, and space satellites. 27 * Sec. 2. AS 29.35.050(c) is amended to read: 28  (c) A municipality may establish an intermediate transfer site for the collection 29 and disposal of garbage, refuse, trash, or other waste material without purchasing the 30 certificate, equipment, or facilities of a waste material carrier certificated by the 31  former  Alaska Public Utilities Commission. The municipality may, without 01 compensating a certificated waste carrier operating in the area, provide for or contract 02 with a certificated or noncertificated entity to provide for the collection and disposal 03 of waste material left at the intermediate transfer site. 04 * Sec. 3. 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), (j)  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 42.05.141 - 42.05.721  [AS 42.05.010 - 42.05.721]. 12 * Sec. 4. AS 29.35.137(6) is amended to read: 13  (6) "local exchange telephone company" means a telephone utility 14 certificated  under AS 42.05  [BY THE ALASKA PUBLIC UTILITIES 15 COMMISSION] to provide local exchange service; 16 * Sec. 5. AS 31.05.060(a) is amended to read: 17  (a) The commission may act upon its own motion, or upon the petition of an 18 interested person. On the filing of a petition concerning a matter within the 19 jurisdiction of the commission under this chapter, the  chair of the commission shall 20 appoint a hearing panel under AS 42.04.080 to hear the matter. The panel  21 [COMMISSION] shall promptly fix a date for a hearing, and shall cause notice of the 22 hearing to be given. The hearing shall be held without undue delay after the filing of 23 the petition. The  panel  [COMMISSION] shall enter its order within 30 days after the 24 hearing. 25 * Sec. 6. AS 31.05.080(a) is amended to read: 26  (a) Within 20 days after written notice of the entry of an order or decision of 27 the  hearing panel  [COMMISSION], or such further time as the  hearing panel  28 [COMMISSION] grants for good cause shown, a person affected by it may file with 29 the commission an application for the  appeal  [REHEARING] in respect of the matter 30 determined by the order or decision, setting  out  [FORTH] the respect in which the 31 order or decision is believed to be erroneous.  The chair shall appoint a five-member 01 appellate panel under AS 42.04.080 to consider whether to grant the appeal and, 02 if granted, to hear and decide it.  The  appellate panel  [COMMISSION] shall grant 03 or refuse the application in whole or in part within 10 days after  the panel is 04 appointed  [IT IS FILED], and failure to act on it within this period is a refusal of it 05 and a final disposition of the application. If the hearing is granted, the  appellate 06 panel  [COMMISSION] may enter a new order or decision after rehearing as may be 07 required under the circumstances. 08 * Sec. 7. AS 31.05.170(3) is amended to read: 09  (3) "commission" means the Alaska  Energy  [OIL AND GAS] 10 Conservation Commission  (AS 42.04.010) ; 11 * Sec. 8. AS 31.15.050(1) is amended to read: 12  (1) "commission" means the Alaska  Energy Conservation  [PUBLIC 13 UTILITIES] Commission  (AS 42.04.010) ; 14 * Sec. 9. AS 38.05.810(f) is amended to read: 15  (f) The commissioner shall lease state land for telephone or electric 16 transmission and distribution lines for less than the appraised value of the land if the 17 lessee is a nonprofit cooperative association organized under AS 10.25. The 18 commissioner may lease state land that is not located within the boundary of a 19 municipality for the disposal of garbage, refuse, trash, or other waste material for less 20 than the appraised value of the land if the lessee is approved by the commissioner 21 and collects and disposes [A LICENSED PUBLIC UTILITY AUTHORIZED TO 22 COLLECT AND DISPOSE] of garbage, refuse, trash, or other waste material outside 23 the boundaries of a municipality. Before determining the annual rental, the 24 commissioner shall consider the nature of the public service rendered by the nonprofit 25 cooperative association or approved lessee [LICENSED PUBLIC UTILITY] and the 26 terms of the grant under which the land was acquired by the state. A nonprofit 27 cooperative association may not construct improvements other than transmission or 28 distribution lines and substations on land leased under this subsection. An approved 29 lessee [A LICENSED PUBLIC UTILITY] may not construct permanent improvements 30 on land leased under this subsection that are not related to the purpose of the lease. 31 * Sec. 10. AS 39.50.200(b)(24) is amended to read: 01  (24) Alaska  Energy Conservation  [PUBLIC UTILITIES] Commission 02  (AS 42.04.010)  [(AS 42.05.010)]; 03 * Sec. 11. AS 42.05.151(b) is amended to read: 04  (b) The commission shall adopt regulations governing practice and procedure, 05 consistent with due process of law, including the conduct of formal and informal 06 investigations, pre-hearing conferences, hearings, and proceedings, and the handling 07 of procedural motions by a single commissioner.  The regulations must provide for 08 the hearing of a matter by a hearing panel and appeal of the matter to a five- 09 member appellate panel in accordance with AS 42.04.080.  Technical rules of evidence 10 need not apply to investigations, pre-hearing conferences, hearings, and proceedings before 11 the commission. The commission shall provide for representation by out-of-state attorneys 12 substantially in accordance with Rule 81, Alaska Rules of Civil Procedure. 13 * Sec. 12. AS 42.05.161 is amended to read: 14  Sec. 42.05.161. Application of Administrative Procedure Act. (a) The 15 administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) do 16 not apply to adjudicatory proceedings of the commission  under this chapter except 17 that final administrative determinations by the commission are subject to judicial 18 review under that Act as provided in AS 42.05.551(a). 19  (b) AS 44.62 (Administrative Procedure Act) applies to regulations adopted 20 by the commission  under this chapter . 21 * Sec. 13. AS 42.05.171 is amended to read: 22  Sec. 42.05.171. Formal hearings. A formal hearing that the commission has 23 power to hold may be held by or before  a hearing panel appointed under 24 AS 42.04.080 [THREE OR MORE COMMISSIONERS], a hearing officer, or an 25 administrative law judge designated for the purpose by the  chair of the commission. 26 The testimony and evidence in a formal hearing may be taken by the  panel 27 [COMMISSIONERS], by the hearing officer, or by the administrative law judge to 28 whom the hearing has been assigned. A commissioner who has not heard or read the 29 testimony, including the argument, may not participate in making a decision of the 30 commission. In determining the place of a hearing , the commission shall give 31 preference to holding the hearing at a place most convenient for those interested in the 01 subject of the hearing. 02 * Sec. 14. AS 42.05.254(b) is amended to read: 03  (b) The commission shall by regulation establish a method to determine 04 annually the amount of the regulatory cost charge for a public utility. If the amount 05 the commission expects to collect under (a) of this section and under AS 42.06.286(a) 06 exceeds the authorized budget of the commission  that is related to the regulation of 07 public utilities under this chapter and implementation of AS 42.06, including an 08 appropriate share of the commission's administrative expenses , the commission 09 shall, by order, reduce the percentages set out in (a) of this section so that the total 10 amount of the fees collected approximately equals the authorized budget of the 11 commission for the fiscal year. 12 * Sec. 15. AS 42.05.254(e) is amended to read: 13  (e) The commission shall administer the charge imposed under this section. 14 The Department of Revenue shall collect and enforce the charge imposed under this 15 section. The Department of Administration shall identify the amount of the operating 16 budget of the commission that lapses into the general fund each year. The legislature 17 may appropriate an amount equal to the lapsed amount to the commission for its 18 operating costs for the next fiscal year. If the legislature does so, the commission shall 19 reduce the total regulatory cost charge collected for that fiscal year by  the portion of 20 the lapsed amount that represented collections from public utilities under this 21 chapter and collections under AS 42.06 [A COMPARABLE AMOUNT]. 22 * Sec. 16. AS 42.05.712(h) is amended to read: 23  (h) A utility or cooperative that is already exempt from regulation under this 24 section or that is exempt from regulation under AS 42.05.711(e) [, (i),] or (k) may 25 elect to terminate its exemption in the same manner. 26 * Sec. 17. AS 42.05.990(2) is amended to read: 27  (2) "commission" means the Alaska  Energy Conservation  [PUBLIC 28 UTILITIES] Commission; 29 * Sec. 18. AS 42.05.995 is amended to read: 30  Sec. 42.05.995. Short title. This chapter may be cited as the Alaska Public 31 Utilities  Regulatory  [COMMISSION] Act. 01 * Sec. 19. AS 42.06.140(b) is amended to read: 02  (b) The  chair of the commission may assign a qualified, unbiased, and 03 impartial administrative law judge, with experience in the general practice of law, to 04 conduct hearings under this chapter. The administrative law judge may perform other 05 duties in connection with the administration of this chapter and other laws. An 06 administrative law judge hired to conduct hearings under this chapter shall have been 07 admitted to practice law for at least five years immediately before appointment under 08 this subsection. 09 * Sec. 20. AS 42.06.286(b) is amended to read: 10  (b) The commission shall by regulation establish a method to determine 11 annually the amount of the regulatory cost charge. If the amount the commission 12 expects to collect under (a) of this section and under AS 42.05.254(a) exceeds the 13 authorized budget of the commission  that is related to the regulation of public 14 utilities under AS 42.05 and implementation of this chapter, including an 15 appropriate share of the commission's administrative expenses , the commission 16 shall, by order, reduce the percentage set out in (a) of this section so that the total 17 amount of the fees collected approximately equals the authorized budget of the 18 commission for the fiscal year. 19 * Sec. 21. AS 42.06.286(c) is amended to read: 20  (c) The commission shall administer the charge imposed under this section. 21 The Department of Revenue shall collect and enforce the charge imposed under this 22 section. The Department of Administration shall identify the amount of the operating 23 budget of the commission that lapses into the general fund each year. The legislature 24 may appropriate an amount equal to the lapsed amount to the commission for its 25 operating costs for the next fiscal year. If the legislature does so, the commission shall 26 reduce the total regulatory cost  charge [CHARGED] collected for that fiscal year by 27  the portion of the lapsed amount that represented collections under this chapter 28 and from public utilities under AS 42.05 [A COMPARABLE AMOUNT]. 29 * Sec. 22. AS 42.06.445(e) is amended to read: 30  (e) A commissioner [, AND THE EXECUTIVE DIRECTOR,] may certify as 31 to all official records of the commission under this section and may certify as to all 01 official acts of the commission under this chapter. 02 * Sec. 23. AS 42.06.630(2) is amended to read: 03  (2) "commission" means the Alaska  Energy Conservation [PUBLIC 04 UTILITIES] Commission  (AS 42.04.010) ; 05 * Sec. 24. AS 42.45.020(b) is amended to read: 06  (b) Subject to AS 42.45.060, the department may make loans from the rural 07 electrification revolving loan fund to electric utilities certified  under AS 42.05  [BY 08 THE ALASKA PUBLIC UTILITIES COMMISSION]. A loan from the fund may be 09 made only for the purpose of extending new electric service into an area of the state 10 that an electric utility may serve under a certificate of public convenience and 11 necessity issued  under AS 42.05  [BY THE ALASKA PUBLIC UTILITIES 12 COMMISSION]. A loan may be made from the fund to an electric utility if the utility 13 invests the money necessary to provide one pole, one span of line, one transformer, 14 and one service drop for each consumer for whom immediate service would be 15 provided by the extension of electric service. However, a loan may not be made from 16 the fund unless 17  (1) the loan is recommended by a loan advisory committee appointed 18 under AS 42.45.030; and 19  (2) the extension of electric service would provide immediate service 20 to at least three consumers. 21 * Sec. 25. AS 44.66.010(a)(4) is amended to read: 22  (4) Alaska  Energy Conservation [PUBLIC UTILITIES] Commission 23  (AS 42.04.010)  [(AS 42.05.010)] -- June 30,  2004  [1999]; 24 * Sec. 26. AS 44.83.425(3) is amended to read: 25  (3) "qualified utility" means an electric utility or an electric operating 26 entity established as an instrumentality of two or more electric utilities certified  under 27 AS 42.05  [BY THE ALASKA PUBLIC UTILITIES COMMISSION] to serve all or 28 part of a market area that is served or will be served by the power project, that the 29 authority determines is capable of operating and maintaining the power project. 30 * Sec. 27. REPEAL OF STATUTES. (a) AS 31.05.005, 31.05.007, 31.05.009, 31.05.011, 31 31.05.013, 31.05.015, 31.05.017, 31.05.021, 31.05.023, 31.05.025; AS 39.25.120(c)(6); 01 AS 39.50.200(b)(36); AS 42.05.010, 42.05.020, 42.05.030, 42.05.035, 42.05.040, 42.05.050, 02 42.05.071, 42.05.081, 42.05.091, 42.05.101, 42.05.111, 42.05.121, 42.05.123, and 42.05.131 03 are repealed. 04 (b) AS 29.35.050(b); AS 42.05.431(f), 42.05.431(g), 42.05.711(i), 42.05.711(m), and 05 42.05.990(4)(F) are repealed July 1, 2002. 06 * Sec. 28. INITIAL TERMS OF MEMBERS OF THE ALASKA ENERGY 07 CONSERVATION COMMISSION. Notwithstanding AS 39.05.055, the terms of the initially 08 appointed members of the commission shall be set by the governor as follows: 09 (1) the petroleum geologist and one public member shall serve six year terms; 10 (2) the petroleum engineer and one public member shall serve four year terms; 11 (3) three public members shall serve two year terms. 12 * Sec. 29. TRANSITIONAL PROVISIONS. (a) Litigation, hearings, investigations, and 13 other proceedings pending under a law repealed or amended by this Act, or in connection with 14 functions transferred from the Alaska Oil and Gas Conservation Commission or the Alaska 15 Public Utilities Commission to the Alaska Energy Conservation Commission by this Act, 16 continue in effect and may be completed notwithstanding a transfer or repeal provided for in 17 this Act. 18 (b) Regulations in effect on June 30, 1999, that were adopted to implement a function 19 that is transferred by this Act remain in effect and shall be enforced by the Alaska Energy 20 Conservation Commission until amended by the commission. 21 (c) Wherever in Alaska Statutes affected by this Act there is a reference to regulations 22 adopted under a section of law and there are no regulations adopted under that section because 23 previous regulations adopted under another section are being enforced under (b) of this 24 section, the reference shall be construed to refer to the previously adopted regulations until 25 they are amended by the new agency. 26 (d) Contracts, rights, liabilities, and obligations created by or under a law repealed or 27 amended by this Act, and in effect on June 30, 1999, remain in effect notwithstanding this 28 Act's taking effect. 29 (e) Records, equipment, appropriations, and other property of the Alaska Oil and Gas 30 Conservation Commission and the Alaska Public Utilities Commission shall be transferred to 31 the Alaska Energy Conservation Commission to implement the provisions of this Act. 01 * Sec. 30. FIVE-YEAR SUNSET. The amendment to AS 44.66.010(a)(4), made by 02 sec. 25 of this Act, is made notwithstanding AS 44.66.010(c). 03 * Sec. 31. REVISOR INSTRUCTIONS. (a) In the following statutes, the revisor of 04 statutes is instructed to change "Alaska Public Utilities Commission" to "Alaska Energy 05 Conservation Commission": 06 (1) AS 29.35.131(c); 07 (2) AS 29.35.137(5); 08 (3) AS 37.05.146(b)(4)(V); 09 (4) AS 38.35.120(a)(1), (5), and (7); 10 (5) AS 38.35.230(2); 11 (6) AS 42.05.141(a); 12 (7) AS 42.05.325(c); 13 (8) AS 42.05.381(f) in both places; 14 (9) AS 42.05.712(c); 15 (10) AS 42.05.712(d); 16 (11) AS 42.45.010(e); 17 (12) AS 42.45.110(a); 18 (13) AS 42.45.170(a); 19 (14) AS 42.45.170(e); 20 (15) AS 43.55.150(b); 21 (16) AS 43.56.210(7); 22 (17) AS 44.83.090(b) in both places; 23 (18) AS 45.50.473(a); 24 (19) AS 45.50.473(b); 25 (20) AS 45.50.475(b); 26 (21) AS 45.50.475(c); 27 (22) AS 45.63.080(12); and 28 (23) AS 46.04.020(i) in both places. 29 (b) In the following statutes, the revisor of statutes is instructed to change "Alaska 30 Public Utilities Commission" to "former Alaska Public Utilities Commission or the Alaska 31 Energy Conservation Commission": 01 (1) AS 09.65.085(a); 02 (2) AS 10.25.020(6); and 03 (3) AS 18.57.020(c). 04 (c) In the following statutes, the revisor of statutes is instructed to change "by the 05 Alaska Public Utilities Commission" to "by the former Alaska Public Utilities Commission 06 or by the Alaska Energy Conservation Commission": 07 (1) AS 29.35.050(b) in both places; 08 (2) AS 29.35.060(a); 09 (3) AS 29.35.060(b); and 10 (4) AS 42.45.200(e). 11 (d) In the following statutes, the revisor of statutes is instructed to change "Alaska Oil 12 and Gas Conservation Commission" to "Alaska Energy Conservation Commission": 13 (1) AS 38.05.177(j) in both places; 14 (2) AS 38.05.180(f)(5); 15 (3) AS 39.25.110(14); 16 (4) AS 41.06.040(e); and 17 (5) AS 43.55.020(e). 18 * Sec. 32. (a) Sections 3, 9, 16 and 27(b) of this Act take effect July 1, 2002. 19 (b) Except as provided in (a) of this section, this Act takes effect July 1, 1999.