HB 161: "An Act relating to deregulation of public utilities furnishing collection and disposal service of waste material."
00HOUSE 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.