00                      CS FOR HOUSE BILL NO. 313(L&C)                                                                    
01 "An Act relating to the calculation of the regulatory cost charge for public utilities and                              
02 pipeline carriers; relating to preapproval for construction of energy facilities; exempting                             
03 utilities that furnish residential waste collection services in competitive markets from                                
04 regulation; and providing for an effective date."                                                                       
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 42.05.254(a) is amended to read:                                                                   
07 (a)  A regulated public utility or a certificated utility that provides                                                 
08 telecommunications services operating in the state shall pay to the commission an                                       
09 annual regulatory cost charge in an amount not to exceed the maximum percentage of                                      
10 adjusted gross revenue that applies to the utility sector of which the utility is a part.                               
11 The regulatory cost charges that the commission expects to collect from all regulated                                   
12 utilities and certificated utilities providing telecommunications services may not                                      
13 exceed the sum of the following percentages of the total adjusted gross revenue of all                                  
14 regulated public utilities and certificated utilities providing telecommunications                                      
15 services derived from operations in the state: (1) not more than .98 [.7] percent to fund                           

01 the operations of the commission, and (2) not more than .22 [.17] percent to fund                                   
02 operations of the public advocacy function under AS 42.04.070(c) and                                                    
03 AS 44.23.020(e) within the Department of Law. An exempt utility that does not                                           
04 provide telecommunications services shall pay the actual cost of services provided to                                   
05       it by the commission.                                                                                           
06    * Sec. 2. AS 42.05 is amended by adding a new section to read:                                                     
07            Sec. 42.05.705. Preapproval for construction of energy facility. The                                       
08       commission may not require preapproval under this chapter for construction of an                                  
09       energy facility that is                                                                                           
10 (1)  an electric power generating plant or combination of plants at a                                                   
11       single site with a combined capacity of less than 15,000 kilowatts; or                                            
12 (2)  an energy storage device or combination of devices at a single site                                                
13       with a combined capacity of less than 15,000 kilowatts.                                                           
14    * Sec. 3. AS 42.05.711 is amended by adding a new subsection to read:                                              
15 (w)  A utility that furnishes collection and disposal service of garbage, refuse,                                       
16 trash, or other waste material to residential customers in an area where two or more                                    
17 utilities are competing to furnish identical service is exempt from the provisions of this                              
18       chapter.                                                                                                          
19    * Sec. 4. AS 42.06.286(a) is amended to read:                                                                      
20 (a)  A pipeline carrier operating in the state shall pay to the commission an                                           
21 annual regulatory cost charge in an amount not to exceed the sum of the following                                       
22 percentages of gross revenue derived from operations in the state: (1) not more than                                    
23 .98 [.7] percent to fund the operations of the commission, and (2) not more than .22                            
24 [.17] percent to fund operations of the public advocacy function under                                                  
25 AS 42.04.070(c) and AS 44.23.020(e) within the Department of Law. A regulatory                                          
26 cost charge may not be assessed on pipeline carrier operations unless the operations                                    
27       are within the jurisdiction of the commission.                                                                  
28    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).