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County staff recommend opposing DFFM’s exempt wildfire‑mitigation rule; board asks for draft comments
Summary
Government affairs briefed the board on an exempt rulemaking process used by DFFM and utilities that bypassed full public engagement. Staff flagged limited standards, enforcement gaps, and governance concerns and recommended opposing the exemption; the board directed staff to prepare draft comments before the April 1 deadline.
County government affairs staff told the board on March 24 that a recent exempt rulemaking by the Arizona Department of Forestry and Fire Management (DFFM) involving utility wildfire‑mitigation proposals (including from major utilities) had limited public engagement and raised concerns on three fronts: process, substance and governance.
Staff explained that the exempt process is legal but reduces transparency and opportunity for local input. They said the proposed rules largely restate statute without defining performance metrics, enforcement mechanisms or minimum standards for mitigation plans and may rely heavily on utilities to self‑govern implementation.
The government affairs manager presented five options, including submitting formal written comments before April 1 to request clearer performance criteria, urging full rulemaking, coordinating with other counties, engaging the governor or legislators, or monitoring then participating in full rulemaking later in the year. Staff recommended opposing the exempt rule while providing notice to affected utilities.
Supervisors expressed support for a consistent county position and asked staff to prepare draft comments for board review ahead of the statutory comment deadline. Staff will circulate proposed language and coordinate outreach to utilities to avoid surprises.
