A.R.S. tit. 30 ch. 7 — Arizona Revised Statutes Title 30 Chapter 7 — Wildfire Mitigation Planning

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. "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. 6. "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 and to be covered by the public power entity's wildfire mitigation plan 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. Except as provided in subsection E of this section, a public power entity shall prepare and submit a wildfire mitigation plan to the 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 governing body shall adopt a wildfire mitigation plan on or before May 1, 2026 and every even-numbered year thereafter unless the governing body orders otherwise. B. The governing body shall review the submitted wildfire mitigation plan to ensure that the wildfire mitigation plan: 1. Complies with this chapter and all applicable rules and regulations. 2. Is reasonable. 3. Is in the public interest. C. The wildfire mitigation plan is deemed approved by the governing body 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. D. Except as provided in subsection E of this section, a public power entity shall submit the approved wildfire mitigation plan to the state forester for further review and approval as prescribed in section 37-1311. E. A public power entity with fewer than forty thousand meters in this state as of January 1, 2025 may prepare and submit a wildfire mitigation plan for review and approval to both the public power entity's governing body and the state forester as prescribed in subsections A and D of this section. If the public power entity with fewer than forty thousand meters in this state as of January 1, 2025 does not submit a wildfire mitigation plan for review and approval to both the governing body pursuant to this section and the state forester pursuant to section 37-1311, this chapter does not apply to that public power entity. 30-904. Liability for causing wildfires; severability A. For any cause of action for negligence against a public power entity that is related to a wildfire, a public power entity that acts in compliance with a wildfire mitigation plan that is approved pursuant to sections 30-903 and 37-1311 is deemed to meet the standard of care for a reasonably prudent public power entity. A party that asserts a cause of action shall prove that a failure to comply with the approved wildfire mitigation plan was a proximate cause of any loss, injury or other harm alleged. B. Notwithstanding subsection A of this section, a public power entity that engages in wilful, intentional or reckless misconduct that causes a wildfire is deemed to not meet the standard of care for a reasonably prudent public power entity. 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 proportion of 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 proportion of 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 if the delay or denial is outside of the public power entity's reasonable control. E. A claim for condemnation or inverse condemnation shall not exist against a public power entity related to wildfires. F. 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.