A.R.S. tit. 40 ch. 8 — Arizona Revised Statutes Title 40 Chapter 8 — Wildfire Mitigation Planning

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. "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. 3. "Public power entity" means a public power entity as defined in section 30-901. 4. "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. 5. "Wildfire mitigation plan" means a plan that is submitted to the state forester in accordance with this chapter and section 37-1311. 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 and to be covered by the electric utility's wildfire mitigation plan 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 C of this section, an electric utility shall prepare and submit a wildfire mitigation plan to the state forester for review and approval as prescribed in section 37-1311. 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 state forester on or before May 1, 2026 and every even-numbered year thereafter. B. Any action by the state forester that approves a wildfire mitigation plan is not considered approval for recovery of the electric utility's costs necessary to implement the wildfire mitigation plan through rates for service charged to the electric utility's customers. C. An electric utility that is an electric cooperative 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 the state forester in accordance with subsection A of this section. An electric utility that is an electric cooperative with forty thousand or more meters in this state as of January 1, 2025 shall prepare a wildfire mitigation plan as prescribed in section 37-1311, subsection H and may submit the wildfire mitigation plan to the state forester as prescribed in subsection A of this section. D. If an electric utility that is an electric cooperative does not submit a wildfire mitigation plan to the state forester for review and approval pursuant to section 37-1311, this chapter does not apply to that electric utility. 40-1304. Liability for causing wildfires; severability A. For any cause of action for negligence against an electric utility that is related to a wildfire, an electric utility that acts in compliance with the approved wildfire mitigation plan is deemed to meet the standard of care for a reasonably prudent electric utility. A party that asserts a cause of action for negligence 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, an electric utility that engages in wilful, intentional or reckless misconduct that causes a wildfire is not deemed to meet the standard of care for a reasonably prudent electric utility. 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 proportion of 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 proportion of 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 if the delay or denial is outside of the electric utility's reasonable control. E. A claim for condemnation or inverse condemnation shall not exist against an electric utility related to wildfires. F. In an action against an electric utility to recover any damages that result from a wildfire, neither exemplary nor punitive damages of any kind may be recovered, only provided, however, that after it has been established that an electric utility, which is not an electric cooperative, is liable for personal injury or bodily harm that results from a wildfire, such damages may be sought if the plaintiff proves by clear and convincing evidence that the defendant electric utility's conduct was both: 1. Outrageous, oppressive or intolerable. 2. Consciously pursued knowingly or with intentional disregard that the conduct created a substantial risk of significant physical injury to others. G. If any provision of this chapter or its 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.