T61CH18

Title 61 > T61CH18

Sections (8)

61-1801

TITLE 61 PUBLIC UTILITY REGULATION CHAPTER 18 WILDFIRE STANDARD OF CARE ACT 61-1801. SHORT TITLE. This chapter shall be known and may be cited as the Wildfire Standard of Care Act. History: [61-1801, added 2025, ch. 249, sec. 1, p. 1102.]

61-1802

TITLE 61 PUBLIC UTILITY REGULATION CHAPTER 18 WILDFIRE STANDARD OF CARE ACT 61-1802. LEGISLATIVE INTENT. In enacting this chapter, it is the intent of the legislature to provide for the safe, efficient, and reliable generation, transmission, and distribution of electric power at affordable rates and in such ways that protect the public interest, health, safety, and welfare. The legislature recognizes that the public utilities commission oversees electric corporation compliance with applicable Idaho statutes and regulations, and, when applicable, the state-adopted provisions of the national electric safety code. It further recognizes that preparation for and response to wildfire risk is an increasingly important element of planning conducted by electric utilities. Proper preparation is crucial to position electric utilities to avoid and respond to wildfire risk. Knowing what measures should be taken to minimize wildfire risk before a fire occurs and to respond to it when it does occur is central to the affordable, safe, and reliable transmission and distribution of electricity. It is essential to ensure these risks are addressed as needed and within appropriate cost parameters so that electric power is kept affordable to the public. This chapter is designed to direct the prudent use of resources by electric utilities to mitigate and respond to wildfire risk within the costs that can be justified as just and reasonable in order to keep rates affordable to utility customers and protect Idaho residents and their property. History: [61-1802, added 2025, ch. 249, sec. 1, p. 1102.]

61-1803

TITLE 61 PUBLIC UTILITY REGULATION CHAPTER 18 WILDFIRE STANDARD OF CARE ACT 61-1803. WILDFIRE MITIGATION PLANS. (1) For the purposes of this chapter, commission means the Idaho public utilities commission. (2)(a) Each electric corporation that is a public utility as defined in sections 61-119 and 61-129 , Idaho Code, shall adopt and file a wildfire mitigation plan with the commission for its review and approval pursuant to section 61-1804 , Idaho Code. The commission may order the plans be filed at a date determined by it and may stagger filing dates. (b) An electric corporation that is not a public utility, including but not limited to a cooperative association distributing electric power to its members or a municipal electric distribution system under section 50-342 , Idaho Code, may adopt and file a wildfire mitigation plan with the commission for its review at any time permitted by the commission. If such a plan is filed, the commission may assess reasonable fees to the electrical corporation that is not a public utility for its review. The fee may not exceed the actual reasonable cost incurred by the commission for the review and consideration of a plan submitted to it. (3) Each wildfire mitigation plan shall be developed using approaches and methods that are designed to protect the public interest and are reflective of and commensurate with the size and complexity of the electric corporation’s operations and of the nature of the fire risk. At a minimum, each wildfire mitigation plan shall identify a means for mitigating wildfire risk that reflect a reasonable balancing of mitigation costs with the resulting reduction of wildfire risk, including: (a) Identifying geographical areas where an electric corporation has infrastructure or equipment that the electric corporation considers may be subject to a heightened risk of wildfire at the time the wildfire mitigation plan is finalized by the electric corporation; (b) Preventative actions and programs that the electric corporation will carry out to reduce the risk of wildfire; (c) Community outreach and public awareness efforts that the electric corporation will use before, during, and after wildfire season to identify and inform the public of relevant wildfire risks and notify the public of wildfire-related outages; (d) Outreach efforts to coordinate with federal, state, tribal, and local officials and agencies on wildfire preparedness and emergency response plans; (e) Financially prudent and reasonably practicable methods of line design for new, planned, and existing lines to mitigate fire risk; (f) Monitoring of forecasted and current weather data for the purpose of assessing and responding to current and anticipated fire risk; and (g) Developing standards, procedures, and schedules, subject to timely approval of access to rights-of-way, if necessary, for the following actions: (i) Inspection of the electric corporation’s assets, infrastructure, and facilities within the areas that are identif

61-1804

TITLE 61 PUBLIC UTILITY REGULATION CHAPTER 18 WILDFIRE STANDARD OF CARE ACT 61-1804. COMMISSION REVIEW OF WILDFIRE MITIGATION PLANS. (1) The commission shall review a wildfire mitigation plan or an update thereto and, after notice and comment, within six (6) months of receiving such filing, shall approve or reject the plan. In reviewing the plan, the commission shall ensure that it meets the minimum requirements stated in section 61-1803 , Idaho Code, and shall consider the following factors: (a) The consistency of the plan with the public health, safety, and welfare; (b) The feasibility of the plan and the cost of its implementation; and (c) The degree to which the plan adequately minimizes wildfire risk and proposes to respond to wildfires that do occur. (2) Within five (5) business days of filing a wildfire mitigation plan with the commission for its review and approval, the electric corporation shall provide notice of the filing to the state forester, cities, counties, fire protection districts, fire protection associations, and timber protection associations within the electric corporation’s Idaho service area. Notice may be given by certified mail or electronic means. (3) In reviewing a plan, the commission shall consult with the interested entities listed in subsection (2) of this section for technical assistance. With respect to elements of the plan that relate to vegetation management, reduction of wildfire fuels, and other duties of the state forester under title 38 , Idaho Code, it shall be presumed that the recommendations of the state forester, if any are provided, are reasonable and appropriate. Such recommendations shall be incorporated in the decision of the commission unless the commission determines they are not just, reasonable, and in the public interest, in which case the commission shall document its reasoning in its order approving or rejecting the plan. History: [61-1804, added 2025, ch. 249, sec. 1, p. 1104.]

61-1805

TITLE 61 PUBLIC UTILITY REGULATION CHAPTER 18 WILDFIRE STANDARD OF CARE ACT 61-1805. EFFECT OF WILDFIRE MITIGATION PLANS. A commission-approved plan shall establish measures for the electric corporation to prepare for and address wildfire risk and shall establish the electric corporation’s duty to its members and the public. History: [61-1805, added 2025, ch. 249, sec. 1, p. 1105.]

61-1806

TITLE 61 PUBLIC UTILITY REGULATION CHAPTER 18 WILDFIRE STANDARD OF CARE ACT 61-1806. LIABILITY. (1) In a civil action where wildfire-related damages are being sought against an electric corporation, there is a rebuttable presumption that the electric corporation acted without negligence if, with respect to the cause of the wildfire, the electric corporation reasonably implemented a commission-approved wildfire mitigation plan. This rebuttable presumption extends to any act or omission taken in reasonable accordance with the approved wildfire mitigation plan in effect at the time the fire ignited, regardless of the content in any prior commission-approved plan that is no longer in effect. (2) If an electric corporation is found liable in a civil action for damages due to any unplanned or uncontrolled fire, then a plaintiff seeking damages in such civil action may recover damages as provided for in sections 38-107 (2), 6-1603 , and 6-1604 , Idaho Code, subject to the limitations provided therein. History: [61-1806, added 2025, ch. 249, sec. 1, p. 1105.]

61-1807

TITLE 61 PUBLIC UTILITY REGULATION CHAPTER 18 WILDFIRE STANDARD OF CARE ACT 61-1807. denial of access to rights-of-way. If, after an electric corporation has requested access to privately-owned land or an easement or right-of-way on land owned by the state, a federal agency, or a tribal government, through certified mail addressed to the address best calculated to provide notice, telephone, or electronic means known to belong to the landowner, state, federal agency, or tribal government and reasonably considered likely to provide notice, access is denied or no response is received after thirty (30) days of the request, the electric corporation is authorized to access the property, easement, or right-of-way for the limited purposes of performing vegetation management, fire mitigation work in accordance with a commission-approved wildfire mitigation plan, or upgrading, inspecting, or repairing the electric corporation’s assets, infrastructure, or facilities. In taking such actions, the electric corporation shall not be held liable in any civil action for claims or damages, except to the extent the electric corporation’s conduct willfully or recklessly caused substantial damage to the property. History: [61-1807, added 2025, ch. 249, sec. 1, p. 1105.]

61-1808

TITLE 61 PUBLIC UTILITY REGULATION CHAPTER 18 WILDFIRE STANDARD OF CARE ACT 61-1808. EXCLUSIVE REMEDY. Except to the extent title 72 , Idaho Code, is applicable, the civil actions identified in section 61-1806 , Idaho Code, shall be the exclusive civil remedies available against an electric corporation for damages resulting from any act or omission related to a commission-approved wildfire mitigation plan. This section does not limit an insurer’s ability to exercise valid subrogation rights subject to the liability framework established in section 61-1806 , Idaho Code. This section does not limit or impair any action that may be brought against the manufacturer of any equipment that is alleged to be faulty or defective. History: [61-1808, added 2025, ch. 249, sec. 1, p. 1105.]