03/16/2020 03:30 PM Senate RESOURCES

               SB 193-ELECTRIC UTILITY LIABILITY                                                                            
                                                                                                                                
4:22:36 PM                                                                                                                    
CHAIR MICCICHE announced  that the first order  of business would                                                               
be  SENATE BILL  NO. 193,  "An Act  relating to  liability of  an                                                               
electric  utility   for  contact   between  vegetation   and  the                                                               
utility's  facilities;  and  relating  to  vegetation  management                                                               
plans."                                                                                                                         
                                                                                                                                
He  recapped  that  the  bill was  previously  heard  and  public                                                               
testimony remains open.                                                                                                         
                                                                                                                                
RYNNIEVA  MOSS,   Staff,  Senator  John  Coghill,   Alaska  State                                                               
Legislature, Juneau,  Alaska, advised that Christian  English was                                                               
carrying  the  bill  for  the   sponsor  and  would  present  the                                                               
committee substitute.                                                                                                           
                                                                                                                                
4:23:16 PM                                                                                                                    
CHRISTIAN  ENGLISH, Intern,  Senator John  Coghill, Alaska  State                                                               
Legislature,  Juneau,   Alaska,  explained  that   the  committee                                                               
substitute (CS)  for SB  193 creates a  new section  that expands                                                               
language to clarify that people  are only responsible for actions                                                               
that they have committed.                                                                                                       
                                                                                                                                
CHAIR MICCICHE asked for a motion to adopt the proposed CS.                                                                     
                                                                                                                                
4:24:11 PM                                                                                                                    
SENATOR   KAWASAKI  moved   to  adopt   the  proposed   committee                                                               
substitute  (CS)  for SB  193,  work  order 31-LS1304\K,  as  the                                                               
working document.                                                                                                               
                                                                                                                                
CHAIR MICCICHE objected for discussion purposes.                                                                                
                                                                                                                                
4:24:28 PM                                                                                                                    
MS. MOSS  explained that Senator  Kiehl expressed  concern during                                                               
the  previous hearing  about a  scenario where  an employee  of a                                                               
utility company  goes on private  property, with  permission from                                                               
the land  owner, and moved  vegetation from the  private property                                                               
into the  right-of-way where  it could cause  damages or  a fire.                                                               
For example, a  large tree falls into the powerline  and starts a                                                               
fire. The new  [Sec. 09.65.086 (b)(2)(A) and (B) in  Section 1 of                                                               
the CS] makes it clear that  the utility would be responsible for                                                               
those actions.                                                                                                                  
                                                                                                                                
She noted that  there was also concern about the  definition of a                                                               
"vegetation management plan." She said  she posed the question to                                                               
the Federal Energy Regulatory Commission  (FERC) and they pointed                                                               
out that each utility develops  and implements its own vegetation                                                               
management plan due to terrain  and climate variations. She noted                                                               
that  Copper Valley  Electric  Association  testified during  the                                                               
previous  hearing that  they divide  their vegetation  plans into                                                               
northern and southern regions due  to the differences in rainfall                                                               
and growth patterns.                                                                                                            
                                                                                                                                
She  said in  researching the  definition, she  learned that  the                                                               
electric   reliability   organizations   (ERO)   that   will   be                                                               
established  by  SB 123  will  have  the authority  to  establish                                                               
standards for  a vegetation  management plan.  She said  the bill                                                               
sponsor feels  that the  definition fits  quite well  because the                                                               
whole purpose  is to  protect the reliability  and the  safety of                                                               
the utilities' electric facilities.                                                                                             
                                                                                                                                
SENATOR KIEHL  thanked the sponsor  for working on  the liability                                                               
issue that he raised. He said  he looked forward to reviewing the                                                               
interface  between  the  language  in   SB  193  and  SB  123  on                                                               
vegetation management plans.                                                                                                    
                                                                                                                                
4:26:52 PM                                                                                                                    
CHAIR MICCICHE removed  his objection to the CS.  He said without                                                               
further objection the CS is before the committee.                                                                               
                                                                                                                                
4:27:38 PM                                                                                                                    
CHAIR MICCICHE closed public testimony  and asked the will of the                                                               
committee.                                                                                                                      
                                                                                                                                
4:27:50 PM                                                                                                                    
SENATOR REVAK moved  to report CSSB 193,  work order 31-LS1304\K,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
4:28:03 PM                                                                                                                    
CHAIR  MICCICHE  said there  being  no  objection, CSSB  193(RES)                                                               
moved from the Senate Resources Standing Committee.