The proposed bill updates current statutes by introducing new requirements for Public Power Entities and Electric Utilities concerning Wildfire Mitigation Plans. It mandates that these entities prepare and submit their plans for review to their governing bodies or the Arizona Corporation Commission (ACC) by May 1, 2026, and every even-numbered year thereafter. The bill also stipulates that submitted plans are deemed approved unless rejected within a specified timeframe and requires consultation with relevant agencies prior to submission. Additionally, it establishes the necessary content for the plans, including risk assessments and community outreach, while asserting that these new statutes will take precedence over conflicting state laws and do not create new causes of action against the entities.

Furthermore, the bill amends liability provisions for wildfires involving Power Entities and Electric Utilities, establishing that they are presumed to meet the standard of care if they comply with an approved Plan, and clarifying that failure to comply does not equate to negligence per se. It exempts these entities from being apportioned fault for wildfires ignited by external sources and prohibits claims for condemnation related to wildfires. The bill also specifies that damages recoverable do not include consequential or punitive damages and disallows class actions for wildfire-related claims. Additionally, it amends sections 30-221 and 40-209 of the Arizona Revised Statutes to clarify the authority of local governments over electricity suppliers and modernizes provisions related to fees charged to electricity suppliers.

Statutes affected:
Introduced Version: 30-221, 40-209