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 29. 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.