00                            SENATE BILL NO. 155                                                                         
01 "An Act relating to the exemption of water and wastewater utilities of a political                                      
02 subdivision."                                                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 42.05.711(b) is amended to read:                                                                   
05            (b)  Except as otherwise provided in this subsection and in (o) of this section,                             
06       public utilities owned and operated by a political subdivision of the state, or electric                          
07       operating entities established as the instrumentality of two or more public utilities                             
08       owned and operated by political subdivisions of the state, are exempt from this                                   
09       chapter, other than AS 42.05.221 - 42.05.281 and 42.05.385. However,                                              
10                 (1)  the governing body of a political subdivision may elect to be                                      
11       subject to this chapter; and                                                                                      
12                 (2)  a utility or electric operating entity that is owned and operated by a                             
13       political subdivision and that directly competes with another utility or electric                                 
14       operating entity is subject to this chapter, and any other utility or electric operating                      

01       entity owned and operated by the political subdivision is also subject to this chapter;                           
02       this paragraph does not apply                                                                                     
03                      (A)  to a utility or electric operating entity owned and operated                              
04            by a political subdivision that competes with a telecommunications utility; or                           
05                      (B)  to a water or wastewater utility owned by a political                                     
06            subdivision that does not directly compete with another water or                                         
07            wastewater utility.                                                                                      
08    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
09 read:                                                                                                                   
10       EFFECT ON PENDING MATTERS BEFORE THE REGULATORY                                                                   
11 COMMISSION. (a) On and after the effective date of this Act, the Regulatory Commission of                               
12 Alaska may continue to investigate and make determinations regarding any matter concerning                              
13 a water or wastewater utility exempt from AS 42.05 under AS 42.05.711(b)(2)(B), added by                                
14 sec. 1 of this Act, that is pending on the effective date of this Act. However, the authority of                        
15 the Regulatory Commission of Alaska to continue to investigate and make determinations                                  
16 concerning a matter described in this subsection is limited to issues relating to the time period                       
17 before the effective date of this Act.                                                                                  
18       (b)  A decision of the Regulatory Commission of Alaska in a tariff filing or rate case                            
19 affecting a water or wastewater utility exempted from AS 42.05 by AS 42.05.711(b)(2)(B)                                 
20 that is pending on the effective date of this Act remains in effect until the governing body of                         
21 the water or wastewater utility completes a rate review process based on the utility's costs in a                       
22 test year.                                                                                                              
23       (c)  Nothing in this section limits the right of the utility to appeal any decision of the                        
24 Regulatory Commission of Alaska or of a court on a matter pending before the Regulatory                                 
25 Commission of Alaska or the court.