This bill proposes significant updates to current wildfire mitigation statutes for public power entities and electric utilities. It introduces requirements for these entities to submit a biennial wildfire mitigation plan to the State Forester for review and approval, with the first submission due by May 1, 2026, replacing the previous requirement to submit plans to the Arizona Corporation Commission. The bill removes the prohibition on the types of damages that may be recovered in actions against public power entities and allows for the recovery of exemplary and punitive damages if the utility's conduct is proven to be outrageous or reckless. Additionally, it clarifies that the State Forester's approval of a wildfire mitigation plan does not equate to approval for cost recovery through service rates and requires that any previously approved plans remain in effect during the review process. Furthermore, the bill allows the State Forester to charge reasonable fees for the review of these plans and specifies that the statutory wildfire mitigation planning requirements do not create new causes of action or additional legal duties. It establishes that compliance with an approved wildfire mitigation plan meets the standard of care for negligence claims, while also clarifying that failure to comply does not constitute negligence per se. Overall, these changes aim to enhance accountability and effectiveness in wildfire mitigation efforts while providing legal protections for utilities that adhere to the prescribed strategies.

Statutes affected:
Introduced Version: 30-221, 40-209
House Engrossed Version: 40-1301, 30-902, 30-904, 30-903
Senate Engrossed Version: 37-1311, 40-1301, 30-902, 30-904, 30-903, 12-820.01, 30-901
Chaptered Version: 37-1311, 40-1301, 30-902, 30-904, 30-903, 12-820.01, 30-901