00                      CS FOR SENATE BILL NO. 36(STA)                                                                    
01 "An Act relating to an opt-out charitable giving program offered by an electric or                                      
02 telephone cooperative; and allowing for an electric cooperative to assist persons in                                    
03 acquiring and installing weatherization and energy efficiency products and services."                                   
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 10.25.010(a) is amended to read:                                                                   
06            (a)  Except as provided in (b) of this section, an electric or telephone                                     
07       cooperative may                                                                                                   
08                 (1)  sue and be sued in its corporate name;                                                             
09                 (2)  have perpetual existence;                                                                          
10                 (3)  adopt a corporate seal and alter it;                                                               
11                 (4)  construct, buy, lease, or otherwise acquire, and equip, maintain,                                  
12       and operate, and sell, assign, convey, lease, mortgage, pledge, or otherwise dispose of                           
13       or encumber lands, buildings, structures, electric or telephone lines or systems, dams,                           
14       plants and equipment, and any other real or personal property, tangible or intangible,                            

01       that is necessary, convenient, or appropriate to accomplish the purpose for which the                             
02       cooperative is organized;                                                                                         
03                 (5)  buy, lease, or otherwise acquire, and use, and exercise and sell,                                  
04       assign, convey, mortgage, pledge or otherwise dispose of or encumber franchises,                                  
05       rights, privileges, licenses, and easements;                                                                      
06                 (6)  borrow money and otherwise contract indebtedness, and issue                                        
07       evidences of indebtedness, and secure the payment of the indebtedness by mortgage,                                
08       pledge, or deed of trust of, or any other encumbrance upon its real or personal                                   
09       property, assets, franchises, or revenues;                                                                        
10                 (7)  construct, maintain, and operate electric transmission and                                         
11       distribution lines, or telephone lines along, upon, under and across publicly owned                               
12       lands and public thoroughfares, including, without limitation, all roads, highways,                               
13       streets, alleys, bridges, and causeways;                                                                          
14                 (8)  exercise the power of eminent domain;                                                              
15                 (9)  become a member of other cooperatives or corporations or own                                       
16       stock in them;                                                                                                    
17                 (10)  conduct its business and exercise its powers inside or outside the                                
18       state;                                                                                                            
19                 (11)  adopt, amend, and repeal bylaws;                                                                  
20                 (12)  make all contracts necessary, convenient, or appropriate for the                                  
21       full exercise of its powers;                                                                                      
22                 (13)  make donations for the public welfare or for charitable, scientific,                              
23       or educational purposes;                                                                                          
24                 (14)  offer an opt-out charitable giving program as described in                                    
25       AS 10.25.237;                                                                                                 
26                 (15)  do and perform any other act and thing, and have and exercise any                             
27       other power that may be necessary, convenient, or appropriate to accomplish the                                   
28       purpose for which the cooperative is organized.                                                                   
29    * Sec. 2. AS 10.25.020 is amended to read:                                                                         
30            Sec. 10.25.020. Powers of electric cooperative. An electric cooperative may                                
31                 (1)  generate, manufacture, purchase, acquire, accumulate, and transmit                                 

01       electric energy, and distribute, sell, supply, and dispose of electric energy to its                              
02       members, to governmental agencies and political subdivisions, and to other persons                                
03       not exceeding 10 percent of the number of its members; however, a cooperative that                                
04       acquires existing electric facilities may continue service to persons, not in excess of 40                        
05       percent of the number of its members, who are already receiving service from these                                
06       facilities without requiring them to become members, and these persons may become                                 
07       members upon the terms as may be prescribed in the bylaws;                                                        
08                 (2)  assist persons to whom electric energy is or will be supplied by the                               
09       cooperative in wiring their premises and in acquiring and installing electrical and                               
10       plumbing appliances, equipment, fixtures, and apparatus, and weatherization and                               
11       energy efficiency products and services by financing them, and, in connection with                        
12       these services, wire or have wired the premises, and buy, acquire, lease, sell,                               
13       distribute, install, and repair electric and plumbing appliances, equipment, fixtures,                            
14       and apparatus, and weatherization and energy efficiency products and services;                                
15                 (3)  assist persons to whom electric energy is or will be supplied by the                               
16       cooperative in constructing, equipping, maintaining, and operating electric cold                                  
17       storage or processing plants by financing them or otherwise;                                                      
18                 (4)  operate a waste heat distribution system;                                                          
19                 (5)  operate a heating distribution system that was in existence on                                     
20       June 9, 1988;                                                                                                     
21                 (6)  provide sewer, water, or gas utility service if the cooperative has                                
22       received a certificate of convenience and necessity under AS 42.05.221 - 42.05.281                                
23       from the former Alaska Public Utilities Commission or the Regulatory Commission of                                
24       Alaska for each type of service provided;                                                                         
25                 (7)  provide direct satellite television programming services; in this                                  
26       paragraph, "direct satellite television programming services" means a video broadcast                             
27       signal that is received directly from a satellite by an end user.                                                 
28    * Sec. 3. AS 10.25 is amended by adding a new section to article 1 to read:                                        
29            Sec. 10.25.237. Electric or telephone cooperative opt-out charitable giving                                
30       program. (a) Notwithstanding AS 45.45.930 and if approved by the membership of                                  
31       the cooperative in accordance with this chapter, an electric or telephone cooperative                             

01       may offer its members an opportunity to participate in an opt-out charitable giving                               
02       program that rounds the monthly bill of a member to the next whole dollar amount but                              
03       does not exceed 99 cents a month.                                                                                 
04            (b)  To qualify as an allowable opt-out charitable giving program under this                                 
05       section, the cooperative shall                                                                                    
06                 (1)  clearly identify on each monthly billing statement the amount                                      
07       added after rounding to the next whole dollar amount and provide instructions on each                             
08       monthly billing statement explaining how to opt out of the program in person at the                               
09       cooperative, in writing, by telephone, or by using the Internet;                                                  
10                 (2)  include a notation on each monthly billing statement informing the                                 
11       member that the amount rounded to the next whole dollar is a voluntary contribution                               
12       by the member;                                                                                                    
13                 (3)  use the program's proceeds only for the public welfare or                                          
14       charitable, scientific, or educational purposes but not for any political purpose or for                          
15       the pecuniary profit of any individual or organization; in this paragraph, a charitable                           
16       purpose includes the relief of poverty, distress, or other condition of public concern in                         
17       the state; and                                                                                                    
18                 (4)  allow a member the opportunity to claim a full refund of all                                       
19       amounts paid by the member under the program for at least the three preceding years.                              
20    * Sec. 4. AS 45.45.930 is amended by adding a new subsection to read:                                              
21            (f)  This section does not apply to an opt-out charitable giving program offered                             
22       by an electric or telephone cooperative under AS 10.25.237.