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Senate State Affairs committee advances wildfire liability bill with revised liability standard
Summary
The committee voted 7-2 to send S 1183 to the Senate floor with a do‑pass recommendation. The bill would require electric utilities to file wildfire plans with the Public Utilities Commission and creates a rebuttable presumption linking liability to compliance with those plans.
The Senate State Affairs Committee on March 21 voted to advance S 1183, the Wildfire Standard of Care Act, sending the bill to the Senate floor with a do‑pass recommendation by roll call, 7‑2.
Senator Woodward presented the measure as applying to electric utilities across Idaho — municipal systems, cooperatives and investor‑owned companies — and said it replaces S 1124 after stakeholder input. The bill would require utilities to submit a wildfire plan to the Public Utilities Commission (PUC) for approval or rejection; if an unplanned fire occurs, liability would be assessed based on whether an operator complied with the approved plan. The bill also directs the PUC to work closely with the Idaho State Forester on timberland vegetation management and requires the PUC to notify counties, fire protection districts, fire protection associations and timber associations within five business days of a plan filing.
Senator Ruchti pressed whether the bill’s language could be read to exclude recovery for medical expenses or wrongful death. He asked whether Idaho Code sections that address medical bills and wrongful‑death damages were intentionally omitted from S 1183. Ken McClure, who identified himself as the drafter and representing the Idaho Consumer Owned Utilities Association, countered that “Idaho Code § 61‑1806 allowed suing for negligence and did not limit damages,” and that wrongful‑death and economic damages, including medical expenses, would remain available under current negligence law.
The committee discussed the change in the liability standard: the bill moves from a substantial‑compliance test to creating a rebuttable presumption of compliance for utilities that follow an approved plan. Supporters told the committee the change simplifies determinations after a fire; opponents sought clearer cross‑references to existing Idaho Code provisions governing damages. Written testimony was entered into the record.
Senator Harris moved to send S 1183 to the floor with a do‑pass recommendation; Senator Adams seconded. Senators Adams, Toews, Harris, Den Hartog and Anthon, Vice Chairman Bernt and Chairman Guthrie voted aye. Senators Shippy and Ruchti voted nay. The motion carried.
The bill now moves to the Senate floor; committee discussion indicated some members may seek amendments later in the process to clarify statutory cross‑references to damages and remedies.
