03/29/2021 01:00 PM House JUDICIARY

                HB 29-ELECTRIC UTILITY LIABILITY                                                                            
                                                                                                                                
1:43:04 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL NO.  29, "An Act relating to liability  of an electric                                                               
utility  for   contact  between  vegetation  and   the  utility's                                                               
facilities; and relating to vegetation management plans."                                                                       
                                                                                                                                
CHAIR CLAMAN noted those available to answer questions.                                                                         
                                                                                                                                
1:44:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GEORGE  RAUSCHER,  Alaska State  Legislature,  as                                                               
prime sponsor, presented HB 29.   He introduced a video sent by a                                                               
utility that demonstrates what a tree  on the edge of a right-of-                                                               
way can do to a power line.                                                                                                     
                                                                                                                                
1:45:02 PM                                                                                                                    
                                                                                                                                
[The committee viewed the video.]                                                                                               
                                                                                                                                
1:45:57 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  announced  that   the  committee  would  entertain                                                               
amendments.    He  stated that  Legislative  Legal  and  Research                                                               
Services  would   have  permission  to  make   any  technical  or                                                               
conforming changes to HB 29.                                                                                                    
                                                                                                                                
1:46:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER moved  to adopt  Amendment 1,  labeled 32-                                                               
LS0235\A.2, Klein, 3/23/21, which read as follows:                                                                              
                                                                                                                                
     Page 1, line 14:                                                                                                           
          Delete "entirely"                                                                                                     
                                                                                                                                
1:46:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND objected for the purpose of discussion.                                                                 
                                                                                                                                
1:47:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  spoke to Amendment  1.  She said  it would                                                               
remove the  word "entirely" when  addressing liability,  as shown                                                               
on page 1, line 14.   She prefaced her explanation by stating she                                                               
supported  "the spirit"  of HB  29, then  expressed concern  that                                                               
retaining  the  word  "entirely"   would  create  two  loopholes.                                                               
First, a  company could fail  to clear  all the branches,  and if                                                               
those branches  were from  a tree  outside the  right-of-way, the                                                               
company would not  be held liable.  Second, a  company may not be                                                               
held liable  for not  cutting branches  inside a  right-of-way if                                                               
part of  a tree's branches  were outside the  right-of-way, since                                                               
technically  all  the tree's  branches  would  not be  considered                                                               
entirely  in the  right-of-way.   Amendment  1 would  get rid  of                                                               
those loopholes.                                                                                                                
                                                                                                                                
1:49:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS commented that that makes sense.                                                                  
                                                                                                                                
1:49:56 PM                                                                                                                    
                                                                                                                                
ANDY  LEMAN, General  Counsel, Alaska  Power Association,  stated                                                               
that the  Alaska Power Association  (APA) opposes Amendment  1 to                                                               
HB  29.   He  said utilities  do not  leave  branches that  would                                                               
jeopardize power lines;  they clear trees in  rights-of way where                                                               
possible.   However,  there  are issues  with  trees outside  the                                                               
rights-of-way  that  may bend  into  the  rights-of way,  and  he                                                               
indicated  that  situation  is  not   within  the  scope  of  the                                                               
management plan.  He continued:                                                                                                 
                                                                                                                                
     So, ...  the "entirely"  in there  ... was  designed to                                                                    
     try  to make  sure that  utilities are  not being  held                                                                    
     responsible  ... for  vegetation ...  that they  really                                                                    
     cannot  control, and  the  vegetation management  piece                                                                    
     that's  in  there  ...  is  designed  to  reflect  what                                                                    
     utilities  are already  doing in  ...  the areas  where                                                                    
     they   do  have   control,  which   is  managing   that                                                                    
     vegetation,  making sure  that it  ... doesn't  contact                                                                    
     their facilities.                                                                                                          
                                                                                                                                
1:51:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA  stated  support   for  Amendment  1.    He                                                               
explained that he is familiar  with working with trees on private                                                               
property, near  power lines, because  in a prior job  he "climbed                                                               
up trees  and took them  down in little  pieces."  It  is typical                                                               
for a  tree in a right-of-way  to spread its branches  outside of                                                               
the right-of-way, and HB 29,  as currently written, "would exempt                                                               
the utility for responsibility for  that tree."  He remarked that                                                               
"entirely" is  a big word,  which he interpreted as  meaning that                                                               
"every last piece  of branch has to be within  the utility ... in                                                               
order for them to be liable for  what that tree does."  He opined                                                               
that is  unreasonable.  He said  he does not think  the intent of                                                               
the bill would be lost with Amendment 1.                                                                                        
                                                                                                                                
1:54:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  said he  agrees with  the comments                                                               
made by Representative Kurka and  does not think the spokesperson                                                               
for APA addressed Amendment 1 specifically in his comments.                                                                     
                                                                                                                                
1:54:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  stated  support   for  Amendment  1  but                                                               
questioned  whether "it  goes  far enough."    He indicated  that                                                               
Legislative Legal  Services had drafted another  amendment, which                                                               
he said he would not move  to adopt but would "share with members                                                               
for their benefit."                                                                                                             
                                                                                                                                
1:55:00 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN pointed  out  that in  Section  1, subsection  (b),                                                               
paragraph (1), on  page 1, line 14 of HB  29, the word "entirely"                                                               
is used, but  in paragraph (2), on page 2,  line 3, "entirely" is                                                               
not used.  He said the  inconsistency is a concern.  He described                                                               
a  situation in  which  a  tree on  one  neighbor's property  may                                                               
extend its  branches over the  property line into  the neighbor's                                                               
property next door,  and he suggested that  mirrors the situation                                                               
utilities have  in deciding what does  and does not get  cut.  He                                                               
said  there is  a  factor of  judgement  involved; therefore,  he                                                               
thinks it  is appropriate  to remove the  word "entirely"  and he                                                               
supports Amendment 1.                                                                                                           
                                                                                                                                
1:56:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  removed her  objection to the  motion to                                                               
adopt Amendment 1.   There being no  further objection, Amendment                                                               
1 was adopted.                                                                                                                  
                                                                                                                                
1:56:52 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:57 p.m.                                                                                 
                                                                                                                                
1:57:33 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN mentioned  an Alaska  Dispatch  News (ADN)  article                                                               
about  the  McKinley  fire  in   2019  and  law  suits  involving                                                               
utilities companies.  He said  his staff confirmed that on August                                                               
23, 2019,  Governor Mike Dunleavy  issued a  disaster declaration                                                               
related  to  several fires,  including  the  McKinley fire.    He                                                               
explained that the  question raised in the ADN was  who pays when                                                               
these fires  occur.  He  said he would be  fine if the  bill were                                                               
moved  out  of  committee  to its  next  committee  of  referral;                                                               
however, he invited  members to give feedback as  to whether they                                                               
would like  to hear  from insurance  companies and  the executive                                                               
branch regarding the cost of the fires and who pays.                                                                            
                                                                                                                                
1:59:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS said  he would  like to  hear from                                                               
insurance companies  and/or private  land owners on  the subject.                                                               
He said there are multiple  incidences that directly relate to HB
.    He opined  that  saying  the  bill is  being  preemptively                                                               
offered is ridiculous but allowed  that he may have misunderstood                                                               
the  testimony from  the industry  at the  previous hearing.   He                                                               
said even  though he thinks  HB 29 is probably  good legislation,                                                               
he would like to hear from "other stakeholders."                                                                                
                                                                                                                                
2:00:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said he would be  interested in receiving                                                               
more information, as  well as hearing perspective  from "those on                                                               
the  workers' compensation  side of  things" to  gain perspective                                                               
and  assuage  any  concern  that  "passage  of  this  bill  might                                                               
negatively impact those ... seeking compensation for a workplace                                                                
injury."                                                                                                                        
                                                                                                                                
2:01:18 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that HB 29, as amended, was held over.