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Senate passes wildfire mitigation standard of care for utilities amid disputes over damages
Summary
Senate Bill 11 83, establishing a utility wildfire-mitigation standard of care and a rebuttable-presumption liability framework, passed after lengthy debate (24–11). Sponsors described the measure as balancing utility planning and liability; critics said its remedies may exclude medical and wrongful-death damages.
The Idaho Senate passed Senate Bill 11 83 on March 24, a high-profile measure that defines a wildfire-mitigation standard of care for electric utilities, requires utilities to file wildfire-mitigation plans with the Public Utilities Commission (PUC), and creates a rebuttable presumption limiting liability when a utility’s approved plan is followed.
Senator Woodward, the bill sponsor, said the measure implements a governor’s report recommendation and seeks to preserve “safe, reliable, and affordable power” by defining a standard of care, requiring plans, and giving the PUC authority to approve or reject those plans in consultation with the State Forester. The bill also requires utilities to notify counties and local fire-protection districts within five business days of filing plans.
Opponents mounted detailed legal objections during floor debate. Senator Rekke, among others, argued that the bill’s liability section — specifically the enumerated damages referenced by code citations — would limit recovery for victims who rebut the presumption. Rekke said the bill points to Idaho code sections that cover economic damages, caps on non‑economic damages, and punitive damages, and that because the bill’s “exclusive remedy” language ties civil actions to the enumerated sections, medical expenses and wrongful‑death damages could be excluded as remedies. “This bill makes it clear that the only damages you can claim are the ones found in 61 dash 18 o 6, sub paragraph 2,” Rekke said on the floor.
Supporters said the bill reflects a negotiated compromise among utilities, counties, foresters and insurers, and that it restores subrogation rights for insurers and focuses liability for utility negligence on clearly defined remedies. Opponents and several county representatives asked for explicit inclusion of medical expenses and wrongful-death remedies; floor debate included multiple requests to add those code sections by reference.
After final roll-call voting the Senate recorded 24 senators in favor and 11 opposed; the majority having voted in the affirmative, Senate Bill 11 83 passed the Senate and will be transmitted to the House of Representatives. Sponsors urged that the statute will not remove all liability but will prioritize mitigation plans and PUC oversight; opponents said the statute’s remedial limits risk leaving some victims uncompensated.
