Senate State Affairs committee votes to introduce Wildfire Standard of Care Act, RS 32,714

The Senate State Affairs Committee voted to introduce RS 32,714, the Wildfire Standard of Care Act, after Senator Woodward presented the refiled legislation and senators moved and seconded the introductory motion. The motion to introduce RS 32,714 was made by Senator Denhartauch and seconded by Senator Burnt; the chair called the voice vote and said the motion carried.

Senator Woodward, who presented RS 32,714, said the bill is being reintroduced as a new measure rather than as an amendment to Senate Bill 11‑24 and described several substantive changes. "I certainly do appreciate the opportunity to reintroduce this legislation as a new bill," Woodward said. He told the committee the bill adds an approval process that has the Idaho Public Utilities Commission work closely with the state forester on vegetation-management aspects of utility wildfire mitigation plans. He also said the bill requires utilities to notify county fire protection districts, fire protection associations and timber protection associations within the service territory "no later than 5 business days after the plan has been filed with the Public Utility Commission."

Woodward also told the committee the liability language was "considerably simplified," changing from language referencing "substantial compliance" to a "rebuttable presumption," and that the bill points to existing Idaho code regarding damages and cleanup to focus mitigation plans. "The efforts by all involved were significant and I do thank them," Woodward said, naming several people he worked with on the proposal.

Several senators asked technical and legal questions about the liability language and how the rebuttable presumption would operate compared with the prior "substantial compliance" wording. Senator Rudi asked, "Can you walk us through how the presumption of negligence work?" Senator Rauchke and Senator Rockey also pressed for clarification of the liability section and whether committee members should resolve language questions at the introductory stage or at the full hearing. Woodward acknowledged he was not an attorney and said the committee could "flush this out a little bit further tomorrow."

The chair told the committee a full hearing and committee discussion vote were scheduled for the following day; the chair also said the committee had previously spent about two-and-a-half hours on similar legislation. The chair added that paperwork needs to be configured before the next session. The meeting adjourned after the vote to introduce the RS.

The record does not include a roll-call tally of ayes and nays; the chair called the voice vote and said the motion carried. The committee did not take final action on the substance of RS 32,714 at this meeting; the item was introduced for consideration and a further hearing and committee vote were scheduled.