00                            SENATE BILL NO. 193                                                                         
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.