HB 185-SMALL WATER UTILITIES EXEMPT FROM APUC Number 1841 CHAIRMAN HUDSON announced that the next order of business would be HOUSE BILL NO. 185, "An Act exempting certain small water utilities from regulation by the Alaska Public Utilities Commission." DAVID STANCLIFF, Legislative Assistant for Representative Ogan, Alaska State Legislature, understood that the committee may consider an amendment. The amendment has been discussed with Representative Ogan who is amenable to that amendment. Number 1887 REPRESENTATIVE BERKOWITZ moved Amendment 1 which reads as follows: Page 1, following line 8, insert, "Sec.2. This Act does not apply to utilities with open dockets before the Alaska Public Utilities Commission until those dockets are closed." CHAIRMAN HUDSON objected. REPRESENTATIVE BERKOWITZ explained that he wanted to ensure that the committee's actions are based on good public policy not based on a special interest. He expressed concern that this could interrupt pending dockets or pending litigation. There may be elements of the decision which some would find acceptable. Therefore, he indicated his preference to separate this policy decision from anything pending. CHAIRMAN HUDSON asked Mr. Stancliff if Representative Ogan had reviewed Amendment 1. If so, how does he view Amendment 1? MR. STANCLIFF informed the committee that Representative Ogan has not reviewed Amendment 1, but he is willing to provide the Alaska Public Utilities Commission (APUC) with additional time to act on this matter and break the deadlock on the conflict. Amendment 1 would possibly maintain the conflict in limbo for a time longer than Representative Ogan would prefer. Amendment 1 would seem to not be acceptable. CHAIRMAN HUDSON noted that he maintained his objection. He informed the committee that another amendment would be offered which would insert an effective date of July 1, 2000. The home owners do not object to that amendment. He explained that the notion was not to make it applicable to an ongoing case. That amendment has been discussed with Representative Ogan who felt satisfied with that amendment. Chairman Hudson said that amendment should probably take the committee out of the ongoing turf war. REPRESENTATIVE PORTER moved that the committee adopt the amendment regarding the insertion of a July 1, 2000 effective date to Amendment 1. There being no objection, the amendment to Amendment 1 was adopted. CHAIRMAN HUDSON clarified that the committee now had Amendment 1 as amended before it. REPRESENTATIVE COWDERY objected. Upon a roll call vote, Representatives Berkowitz, Davies, Kott, Porter and Hudson voted in favor of the adoption of Amendment 1 as amended. Representative Cowdery voted against the adoption of Amendment 1 as amended. Representative Rokeberg was not present. Therefore, Amendment 1 as amended was adopted with a vote of 5-1. Number 2093 REPRESENTATIVE DAVIES moved to report CSHB 185 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 185(URS) was reported out of committee.