HB 276: "An Act relating to liability of an electric utility for contact between vegetation and the utility's facilities; and relating to vegetation management plans."
00 HOUSE BILL NO. 276 01 "An Act relating to liability of an electric utility for contact between vegetation and the 02 utility's facilities; and relating to vegetation management plans." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65.085 is amended to read: 05 Sec. 09.65.085. Civil liability of electric utility. (a) A utility offering 06 electrical service to the public for compensation under a certificate of public 07 convenience and necessity issued by the former Alaska Public Utilities Commission or 08 the Regulatory Commission of Alaska under AS 42.05.221 may not be held 09 (1) strictly liable for property damage, death, or personal injury 10 resulting from an act or omission of the utility relating to the production, delivery, or 11 sale of electricity; 12 (2) liable for property damage, death, or personal injury resulting 13 from contact between vegetation and the utility's facilities, unless the vegetation 14 is located entirely within the boundaries of the utility's real property, lease,
01 permit, easement, or right-of-way and the utility 02 (A) does not have a written vegetation management plan or 03 policy; or 04 (B) has a written vegetation management plan or policy but 05 fails to substantially comply with it. 06 (b) Paragraph (a)(1) of this [THIS] section does not preclude liability for 07 civil damages that are the result of an intentional, reckless, or negligent act or 08 omission. 09 * Sec. 2. AS 09.65.085 is amended by adding a new subsection to read: 10 (c) In this section, "written vegetation management plan or policy" means a 11 document that establishes a procedure by which a utility will manage vegetation to 12 protect the reliability and safety of its electric facilities. 13 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. AS 09.65.085, as amended by secs. 1 and 2 of this Act, applies to 16 civil lawsuits against electric utilities filed on or after the effective date of this Act.