Enrolled SB 277: Exempting from regulation by the Regulatory Commission of Alaska and by municipalities certain generators of electricity from renewable energy resources that sell electricity to regulated utilities.
00Enrolled SB 277 01 Exempting from regulation by the Regulatory Commission of Alaska and by municipalities 02 certain generators of electricity from renewable energy resources that sell electricity to 03 regulated utilities. 04 _______________ 05 * Section 1. AS 29.35.070(a) is amended to read: 06 (a) The assembly acting for the area outside all cities in the borough and the 07 council acting for the area in a city may regulate, fix, establish, and change the rates 08 and charges imposed for a utility service provided to the municipality or its inhabitants 09 by a utility that is not subject to regulation under AS 42.05 unless that utility is 10 exempted from regulation under AS 42.05.711(a), (d) - (k), (o), [OR] (p), or (q), or is 11 exempted under regulations adopted under AS 42.05.810 from complying with all or 12 part of AS 42.05.141 - 42.05.721. 13 * Sec. 2. AS 42.05.711(l) is amended to read: 14 (l) A person, utility, joint action agency established under AS 42.45.310, or
01 cooperative that is exempt from regulation under (a), (d) - (k), [OR] (o), or (q) of this 02 section is not subject to regulation by a municipality under AS 29.35.060 and 03 29.35.070. 04 * Sec. 3. AS 42.05.711 is amended by adding a new subsection to read: 05 (q) A plant or facility that generates electricity entirely from renewable energy 06 resources, as that term is defined in AS 42.45.045, is exempt from regulation under 07 this chapter if 08 (1) the plant or facility 09 (A) is first placed into commercial operation on or after the 10 effective date of this subsection and before January 1, 2016; and 11 (B) does not generate more than 65 megawatts of electricity; 12 (2) the electricity generated by the plant or facility is sold only to one 13 or more electric utilities that are regulated by the commission; and 14 (3) the person that constructs, owns, acquires, or operates the plant or 15 facility has not received from the state 16 (A) a grant that was used to generate the electricity from the 17 renewable energy resources; or 18 (B) a tax credit related to the generation of electricity from the 19 renewable energy resources.