Bill Summary – FastDemocracy

State of Alaska
                                                             Fiscal Note
                                                                                               Bill Version:                  CSSB 193(RES)
 2020 Legislative Session
                                                                                               Fiscal Note Number:            1
                                                                                               (S) Publish Date:              3/17/2020
 Identifier:        SB193-LAW-CIV-3-6-20                                        Department:        Department of Law
 Title:             ELECTRIC UTILITY LIABILITY                                  Appropriation: Civil Division
 Sponsor:           COGHILL                                                     Allocation:        Regulatory Affairs Public Advocacy
 Requester: (S) Resources                                                       OMB Component Number:                2764
 Expenditures/Revenues
 Note: Amounts do not include inflation unless otherwise noted below.                                                               (Thousands of Dollars)
                                                 Included in
                                    FY2021       Governor's
                                Appropriation      FY2021                                             Out-Year Cost Estimates
                                  Requested       Request
 OPERATING EXPENDITURES               FY 2021        FY 2021       FY 2022                       FY 2023            FY 2024         FY 2025         FY 2026
 Personal Services
 Travel
 Services
 Commodities
 Capital Outlay
 Grants & Benefits
 Miscellaneous
 Total Operating                            0.0           0.0          0.0                             0.0              0.0              0.0              0.0
 Fund Source (Operating Only)
 None
 Total                                            0.0              0.0                 0.0             0.0              0.0              0.0              0.0
 Positions
 Full-time
 Part-time
 Temporary
 Change in Revenues
 None
 Total                                            0.0              0.0                 0.0             0.0              0.0              0.0              0.0
 Estimated SUPPLEMENTAL (FY2020) cost:                                    0.0                (separate supplemental appropriation required)
 Estimated CAPITAL (FY2021) cost:                                         0.0                (separate capital appropriation required)
 Does the bill create or modify a new fund or account?       No
 (Supplemental/Capital/New Fund - discuss reasons and fund source(s) in analysis section)
 ASSOCIATED REGULATIONS
 Does the bill direct, or will the bill result in, regulation changes adopted by your agency?                  No
 If yes, by what date are the regulations to be adopted, amended or repealed?
 Why this fiscal note differs from previous version/comments:
 Not applicable. Initial version.
 Prepared By:              Allison Radford, Special Assistant to the Commissioner                                    Phone:       (907)465-1042
 Division:                 Civil Division                                                                            Date:        03/06/2020
 Approved By:              Valerie Rose, Acting Administrative Services Director                                     Date:        03/06/20
 Agency:                   Office of Management and Budget
Printed 3/17/2020                                                        Page 1 of 2                                                       Control Code: lLJRQ
                                                                                                          CSSB 193(RES) - Fiscal Note 1
                                                  FISCAL NOTE ANALYSIS
STATE OF ALASKA                                                                    BILL NO. SB 193
2020 LEGISLATIVE SESSION
Analysis
   SB 193 would provide complete immunity from civil liability for certain electrical utilities in the event of property damage,
   death, or personal injury resulting from contact between the utilitys facilities and offproperty vegetation. The utilities
   covered by this provision are those offering electric service to the public for compensation under a certificate of public
   convenience and necessity, issued under AS 42.05.221.
   The immunity provision would not apply if the vegetation at issue is entirely within the bounds of property under the
   control of the utility, including easements or rightsofway, and one of two additional conditions is met. The immunity
   provision would not apply if the utility either does not have a written vegetation management plan or policy or fails to
   substantially comply with the utilitys written vegetation management plan or policy.
   This bill would define written vegetation management plan or policy for the purpose of this section as a document that
   establishes a procedure for managing vegetation to protect reliability and safety of its electrical facilities.
   The immunity provision would apply to civil lawsuits filed on or after the effective date of the bill, regardless of the date of
   injury.
   To the extent that SB 193 would give rise to civil liability, a regulated utility that is held liable could seek to recover
   damages through rates charged to customers by seeking a rate increase with the Regulatory Commission of Alaska. The
   Regulatory Affairs & Public Advocacy Section (RAPA) at the Department of Law could be involved in a resulting
   investigation of a rate increase. Addressing similar types of cost recovery is part of the standard work RAPA performs
   when investigating a proposed rate increase. RAPA would respond to the implementation of this legislation with existing
   resources.
   The Department of Law does not anticipate any fiscal impact if this bill becomes law.
(Revised 10/22/19 OMB/LFD)                                                                                            Page 2 of 2
SB193-LAW-CIV-3-6-20                                             Page 2 of 2                                                Control Code: lLJRQ
Statutes affected: 
SB0193A, AM SB 193, introduced 02/14/2020: 09.65.085, 42.05.221
SB0193B, AM CSSB 193(RES), introduced 03/17/2020: 42.05.221
SB0193C, AM CSSB 193(RES) am, introduced 03/22/2020: 42.05.221