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House Engrossed
technical correction; electricity; power authority (now: wildfire mitigation planning; utilities; approval) |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2201 |
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AN ACT
Amending title 30, Arizona Revised Statutes, by adding chapter 7; amending title 40, Arizona Revised Statutes, by adding chapter 8; relating to wildfire mitigation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 30, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
WILDFIRE MITIGATION PLANNING
ARTICLE 1. GENERAL PROVISIONS
30-901. Definitions
In this chapter, unless the context otherwise requires:
1. "Attachor" means any cable television system or provider of telecommunications or broadband communication services that owns or operates equipment that is attached to a pole, duct or conduit or that is otherwise located within a right-of-way that is owned or controlled by a public power entity, provided that the attaching entity is a current party to and in compliance with an attachment agreement with the public power entity.
2. "Electric Utility" has the same meaning prescribed in section 40-1301.
3. "governing body" means the governing body of a public power entity.
4. "Public power entity" means any municipal corporation or political subdivision that owns and operates facilities that generate, transmit or distribute electric energy for sale to retail customers in this state.
5. "Public safety power shut off" means the intentional temporary shut off of power during certain weather or ENVIRONMENTAL conditions to reduce the risk of wildfires.
6. "Wildfire" means any unwanted, unplanned or uncontrolled fire that ignites vegetation within a wildland or natural area, including:
(a) Forests.
(b) Grasslands.
(c) Prairies.
(d) any areas that interface between wildland or natural and urban areas.
7. "Wildfire mitigation plan" means a plan that is submitted to the governing body in accordance with this chapter.
30-902. Cause of action; exclusive means of recovery; legal duty
A. This chapter does not establish a new cause of action. if there is a conflict between this chapter and any other state law, This chapter controls.
B. Except as otherwise agreed to in writing or established by federal law, this chapter establishes the exclusive means of recovery from a public power entity for claims or damages that result from wildfires.
C. This chapter does not establish any additional legal duty that supports any claim that would not otherwise already exist.
D. In any cause of action against a parent, subsidiary or other corporate affiliate of a public power entity that is RELATED to a wildfire, that parent, subsidiary or other corporate affiliate of the public power entity shall be treated the same as and considered equivalent to a public power entity for the purposes of section 30-904.
E. In any cause of action against a public power entity that is RELATED to a wildfire, an attachor shall be considered to be a public power entity for the purposes of section 30-904 with respect to any liability that may be alleged to have arisen out of the attachor's equipment.
30-903. Wildfire mitigation plan
A. a public power entity shall prepare and submit a wildfire mitigation plan to the public power entity's governing body for review and approval. the public power entity may use the submission as an update to the last approved wildfire mitigation plan. the public power entity shall submit the wildfire mitigation plan to the public power entity's governing body On or before May 1, 2026 and every even-numbered year thereafter unless the governing body orders otherwise. before a public power entity submits a wildfire mitigation plan to the governing body, the public power entity shall consult with a state or federal land management or fire protection agency that has authority in the public power entity's service territory, as applicable, as to the content of the wildfire mitigation plan.
B. The governing body shall review the submitted wildfire mitigation plan to ensure that the plan:
1. Complies with this chapter and all applicable rules and regulations.
2. Is reasonable.
3. Is in the public interest.
C. The governing body may request additional information or a modification to the submitted wildfire mitigation plan within one hundred twenty days after receipt of the wildfire mitigation plan by providing written notice to the public power entity. If the governing body does not request additional information or a modification to the wildfire mitigation plan, the wildfire mitigation plan is deemed administratively approved at the expiration of one hundred twenty days.
D. within ninety days after receipt
of the notice PRESCRIBED in subsection C of this section,
the public power entity shall revise the public power entity's wildfire
mitigation plan to address the governing body's request. The governing body
has sixty days to consider the public power entity's response and any proposed
additional information or modification to the wildfire mitigation plan. [. If
the governing body does not take any action within sixty days to reject the
wildfire mitigation plan or any portion of the wildfire mitigation plan, the
wildfire mitigation plan is deemed approved. the wildfire mitigation plan is
deemed approved during the pendency of any rehearing or judicial action that
seeks review of the governing body's rejection of the wildfire mitigation plan
or any portion of the wildfire mitigation plan.] [, and the governing body shall take action to
approve, reject or request additional revision]The
wildfire mitigation plan is deemed approved during the pendency of any judicial
action that seeks review of the governing body's approval or rejection of the
wildfire mitigation plan or any portion of the wildfire mitigation plan.The
wildfire mitigation plan is deemed approved during the pendency of any judicial
action that seeks review of the governing body's approval or rejection of the
wildfire mitigation plan or any portion of the wildfire mitigation plan. If
the governing
body does not request additional information or a modification to the wildfire
mitigation plan, the wildfire mitigation plan is deemed administratively
approved at the expiration of sixty days.
E. The wildfire mitigation plan shall include the following:
1. A description of areas within the geographic region where the public power entity's facilities may be subject to a heightened risk of wildfire.
2. A description of the procedures and standards that the public power entity will use to inspect and operate the public power entity's infrastructure to mitigate the risk of wildfires.
3. A description of the key individuals or position titles of those persons who are responsible for implementing the wildfire mitigation plan.
4. A description of procedures for deenergizing power lines and disabling reclosers to mitigate potential wildfires or provide a public safety power shut off plan.
5. A plan for vegetation management.
6. A summary of the procedures the public power entity intends to use to restore the public power entity's electrical system in the event of a wildfire.
7. A description of community outreach and public awareness efforts.
8. A description of potential participation, if applicable, with state or local wildfire protection efforts.
9. A description of how the public power entity will monitor compliance with the wildfire mitigation plan.
F. A public power entity may reference procedures and standards that are not specifically enumerated in the wildfire mitigation plan in lieu of the requirements under subsection E of this section. Referenced material must be included as attachments to the wildfire mitigation plan submission.
30-904. Liability for causing wildfires; severability
A. for any cause of action against a public power entity that is RELATED to a wildfire, all of the elements must be proven by clear and convincing evidence.
B. A public power entity that substantially acts in compliance with the approved wildfire mitigation plan is deemed to meet the standard of care for a reasonably prudent public power entity unless there is clear and convincing evidence of wilful, intentional or reckless misconduct. A failure to comply with an approved wildfire mitigation plan does not constitute negligence per se. A public power entity's or electric utility's wildfire mitigation plan shall not be admissible as evidence against another public power entity or electric utility in a civil action that arose out of a wildfire.
C. A public power entity shall not be apportioned any fault for the ignition of a wildfire from sources that are outside of the public power entity's control, including lightning strikes or actions by third parties.
D. A public power entity shall not be apportioned any fault for vegetation or other wildfire risks outside of the public power entity's right-of-way, lease or other property rights or areas in which the public power entity has been delayed in accessing or denied access to for purposes of performing vegetation management.
E. A claim for condemnation or inverse condemnation shall not exist against a public power entity related to wildfires.
F. In an action pursuant to this section to recover any damages that result from a wildfire, neither consequential property damages nor exemplary or punitive bodily injury or property damages shall be recovered.
G. If any provision of this chapter or the public power entity's application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable.
Sec. 2. Title 40, Arizona Revised Statutes, is amended by adding chapter 8, to read:
CHAPTER 8
WILDFIRE MITIGATION PLANNING
ARTICLE 1. GENERAL PROVISIONS
40-1301. Definitions
In this chapter, unless the context otherwise requires:
1. "attachor" means any cable television system or provider of telecommunications or broadband communication services that owns or operates equipment that is attached to a pole, duct or conduit or that is otherwise located within a right-of-way that is owned or controlled by an electric utility, provided that the attaching entity is a current party to and in compliance with an attachment agreement with the electric utility.
2. "commission" means the corporation commission.
3. "elected board" means the governing body of an electric utility that is selected by voters or members of an electric cooperative in an election.
4. "electric utility":
(a) means:
(i) any person, business organization, public service corporation, electric cooperative or other legal entity that owns and operates facilities for the generation, transmission or distribution of electric energy for sale to retail customers in this state.
(ii) any generation and transmission cooperative operating in this state.
(b) does not include a public power entity.
5. "public power entity" means a public power entity as defined in section 30-901.
6. "public safety power shut off" means the intentional temporary shut off of power during certain weather or environmental conditions to reduce the risk of wildfires.
7. "wildfire" means any unwanted, unplanned or uncontrolled fire that ignites vegetation within a wildland or natural area, including:
(a) forests.
(b) grasslands.
(c) prairies.
(d) any areas that interface between wildland or natural and urban areas.
8. "wildfire mitigation plan" means a plan that is submitted to the commission or elected board in accordance with this chapter.
40-1302. Cause of action; exclusive means of recovery; legal duty
A. This chapter does not ESTABLISH a new cause of action. if there is a conflict between this chapter and any other state law, This chapter controls.
B. Except as otherwise agreed to in writing or established by federal law, this chapter establishes the exclusive means of recovery from an electric utility for claims or damages that result from wildfires.
C. This chapter does not ESTABLISH any additional legal duty that supports any claim that would not otherwise already exist.
D. In any cause of action against a parent, subsidiary or other corporate affiliate of an electric utility that is RELATED to a wildfire, that parent, subsidiary or other corporate affiliate of the electric utility shall be treated the same as and considered equivalent to an electric utility for the purposes of section 40-1304.
E. In any cause of action against an electric utility that is RELATED to a wildfire, any attachor shall be considered to be an electric utility for the purposes of section 40-1304 with respect to any liability that may be alleged to have arisen out of the attachor's equipment.
40-1303. Wildfire mitigation plan
a. Except as provided in subsection G of this section, an electric utility shall prepare and submit a wildfire mitigation plan to the commission for review and approval. the electric utility may use the submission as an update to the last approved wildfire mitigation plan. The electric utility shall submit the wildfire mitigation plan to the commission on or before May 1, 2026 and every even-numbered year thereafter. before an electric utility submits a wildfire mitigation plan to the commission, The electric utility shall consult with a state or federal land management or fire protection agency that has authority in the electric utility's service territory, as applicable, as to the content of the wildfire mitigation plan.
B. The commission shall review the submitted wildfire mitigation plan to ensure that the plan:
1. Complies with this chapter and all applicable rules and regulations.
2. Is reasonable.
3. Is in the public interest.
C. The commission may request additional information or a modification to the submitted wildfire mitigation plan within one hundred twenty days after receipt of the wildfire mitigation plan by providing written notice to the electric utility. If the commission does not request additional information or a modification to the wildfire mitigation plan, the wildfire mitigation plan is deemed administratively approved at the expiration of one hundred twenty days.
D. within ninety days after receipt
of the NOTICE prescribed in subsection C of this section,
the electric utility shall revise the electric utility's wildfire mitigation
plan to address the commission's request. The commission has sixty
days to consider the electric utility's response and any proposed additional
information or modification to the wildfire mitigation plan. The
wildfire mitigation plan is deemed approved during the pendency of any judicial
action that seeks review of the commission's approval or rejection of the
wildfire mitigation plan or any portion of the wildfire mitigation plan.The
wildfire mitigation plan is deemed approved during the pendency of any judicial
action that seeks review of the commission's approval or rejection of the
wildfire mitigation plan or any portion of the wildfire mitigation plan.
If the commission does not request additional information or a modification to
the wildfire mitigation plan, the wildfire mitigation plan is deemed
administratively approved at the expiration of sixty days.
E. The wildfire mitigation plan shall include the following:
1. A description of areas within the geographic region where the utilities facilities may be subject to a heightened risk of wildfire.
2. A description of the procedures and standards that the electric utility will use to inspect and operate the electric utility's infrastructure to mitigate the risk of wildfires.
3. A description of the key individuals or position titles of those persons who are responsible for implementing the wildfire mitigation plan.
4. A description of procedures for deenergizing power lines and disabling reclosers to mitigate potential wildfires or provide a public safety power shut off plan.
5. A plan for vegetation management.
6. A summary of the procedures the electric utility intends to use to restore the electric utility's electrical system in the event of a wildfire.
7. A description of community outreach and public awareness efforts.
8. A description of potential participation, if applicable, with state or local wildfire protection efforts.
9. A description of how the electric utility will monitor compliance with the wildfire mitigation plan.
F. An electric utility may reference procedures and standards that are not specifically enumerated in the wildfire mitigation plan in lieu of the requirements under subsection E of this section. Referenced material must be included as attachments to the wildfire mitigation plan submission.
G. On or before May 1, 2026 and every even-numbered year thereafter unless an electric utility's governing board orders otherwise, an electric utility that is governed by an elected board shall submit a copy of the electric utility's wildfire mitigation plan to the elected board, instead of the commission, for review and approval. The elected board shall replace the role of the commission for the purposes of this section. Before an electric utility submits a wildfire mitigation plan to the elected board, the electric utility shall consult with a state or federal land management or fire protection agency that has authority in the electric utility's service territory, as applicable, as to the content of the wildfire mitigation plan.
40-1304. Liability for causing wildfires; severability
A. For any cause of action against an electric utility that is RELATED to a wildfire, all of the elements must be proven by clear and convincing evidence.
B. An electric utility that substantially acts in compliance with the approved wildfire mitigation plan is deemed to meet the standard of care for a reasonably prudent electric utility unless there is clear and convincing evidence of wilful, intentional or reckless misconduct. A failure to comply with an approved wildfire mitigation plan does not constitute negligence per se. A public power entity's or electric utility's wildfire mitigation plan shall not be admissible as evidence against another public power entity or electric utility in a civil action that arose out of a wildfire.
C. An electric utility shall not be apportioned any fault for the ignition of a wildfire from sources that are outside of the electric utility's control, including lightning strikes or actions by third parties.
D. An electric utility shall not be apportioned any fault for vegetation or other wildfire risks outside of the electric utility's right-of-way, lease or other property rights or areas in which the electric utility has been delayed in accessing or denied access to for purposes of performing vegetation management.
E. A claim for condemnation or inverse condemnation shall not exist against an electric utility related to wildfires.
F. In an action pursuant to this section to recover any damages that result from a wildfire, neither consequential property damages nor exemplary or punitive bodily injury or property damages shall be recovered.
G. If any provision of
this chapter or its application to any person or circumstance [I.] [H.]
If any provision of
this chapter or its application to any person or circumstances circumstanceis held invalid, the invalidity does not affect other provisions or
applications of this chapter that can be given effect without the invalid
provision or application and to this end the provisions of this chapter are
severable.