How HB 252 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new provisions related to the liability of electric utilities in cases of vegetation contacting utility facilities and mandates the adoption of wildland fire mitigation plans.

• AS 09.65

  Sec. 09.65.086. Civil liability of electric utility for contact between vegetation and utility facilities. (a) Except as provided in (b), (e), and (g) of this section, a utility offering electrical service to the public for compensation under a certificate of public convenience and necessity issued by the former Alaska Public Utilities Commission or the Regulatory Commission of Alaska under AS 42.05.221 may not be held liable for costs, property damage, death, or personal injury resulting from contact between vegetation and the utility's electrical service facilities.

  Utilities are not liable for damages from vegetation contacting their facilities, with specific exceptions.

• AS 09.65

  (b) This section does not preclude civil liability for property damage, death, or personal injury resulting from contact between vegetation and the utility's facilities if (1) the vegetation is located or originated inside the boundaries of the utility's real property, lease, permit, easement, or right-of-way or of an area established by a wildland fire mitigation plan; or (2) the contact is caused by the utility while the utility is working outside the boundaries of the utility's real property, lease, permit, easement, or right-of-way or of an area established by a wildland fire mitigation plan.

  Liability is retained for specific instances of vegetation contact occurring within certain areas or due to utility actions.

• AS 09.65

  (c) A utility is not liable for an injury to or removal of vegetation when the removal or injury is carried out in accordance with the terms of a wildland fire mitigation plan or inside the boundaries of the utility's real property, lease, permit, easement, or right-of-way, including vegetation rooted outside those boundaries.

  Utilities are protected from liability for vegetation removal done per a fire mitigation plan.

• AS 42.05

  Sec. 42.05.352. Electric utility wildland fire mitigation plan. (a) An electric utility shall adopt a wildland fire mitigation plan and update the plan annually and each time a risk assessment is completed.

  Utilities must create and regularly update fire mitigation plans as part of their operational requirements.

• AS 42.05

  (d) Before interrupting electric power transmission according to a wildland fire mitigation plan, a utility shall consider the need to maintain sufficient electric power service for public safety, telecommunications, and the operation of life-support equipment; and determine whether detrimental effects on health, safety, and commerce as a result of interrupting power transmission are likely to outweigh beneficial effects.

  Utilities are required to weigh public safety and commerce impacts before disrupting power in fire situations.

• Uncodified law

  APPLICABILITY. AS 09.65.086, added by sec. 1 of this Act, applies to civil lawsuits that are filed on or after the effective date of this Act and that are based on acts and omissions that occur on or after the effective date of this Act.

  The new liability provisions are applicable only to future lawsuits and actions.