Utility wildfire mitigation

AN ACT Relating to approval of electric utility wildfire 1
mitigation plans; amending RCW 80.24.010; adding a new section to 2
chapter 80.28 RCW; creating a new section; and repealing RCW 3
80.28.440. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. It is the intent of the legislature to 6
provide for the safe, efficient, and reliable transmission and 7
distribution of electric power at affordable rates. Preparation for 8
and response to wildfire risk is an increasingly important element of 9
planning conducted by electric utilities. Proper preparation is 10
crucial to position electric utilities to respond to wildfire risk. 11
Knowing what measures should be taken to minimize wildfire risk 12
before it occurs and to respond to it when it does occur is central 13
to the safe, efficient, and reliable provision of an essential public 14
service. It is essential to make sure these risks are addressed, as 15
needed, but also within appropriate cost parameters to keep electric 16
power affordable to the public. This legislation is designed to 17
direct the prudent use of resources by electric utilities to mitigate 18
and respond to wildfire risk within costs that can be justified as 19
fair, just, and reasonable in order to balance wildfire risk with 20
affordable electric rates.21
S-0712.1
SENATE BILL 5430
State of Washington 69th Legislature 2025 Regular Session
By Senators Chapman, Short, Boehnke, Liias, Dozier, and Nobles
Read first time 01/22/25. Referred to Committee on Environment,
Energy & Technology.
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NEW SECTION. Sec. 2. A new section is added to chapter 80.28 1
RCW to read as follows: 2
(1)(a) Each electrical company may, as soon as practicable after 3
the effective date of this section, file a wildfire mitigation plan 4
with the commission. To the extent practicable, a company should try 5
to align the timing of filing a plan and plan updates with the filing 6
of a multiyear rate plan under RCW 80.28.425. The company shall 7
update a plan no less frequently than every three years. The company 8
shall provide a copy of its wildfire mitigation plan and updates to 9
the department of natural resources and the utility wildland fire 10
prevention advisory committee created in RCW 76.04.780.11
(b) Nothing in this subsection prohibits an electrical company 12
from updating its wildfire mitigation plan more often than required 13
under subsection (1)(a) of this section. 14
(2) The commission must approve, reject, or approve with 15
conditions, after a public meeting, an electrical company's wildfire 16
mitigation plan or plan update within 60 days of the filing of such 17
plan. The commission shall issue an order approving or approving with 18
conditions the plan or plan update if the commission finds that the 19
plan or plan update is based on reasonable and prudent practices and 20
is designed to meet all appropriate standards adopted or established 21
by rule or order of the commission. The commission may, in approving 22
with conditions the plan or plan update, make modifications to the 23
plan or plan update that the commission reasonably finds represent a 24
reasonable balancing of mitigation costs with the resulting reduction 25
of wildfire risk. The commission shall issue an order explaining any 26
modifications at the time the plan or plan update is approved. In 27
evaluating a plan or plan update, the commission may consult with and 28
consider information from federal, tribal, state, or local 29
governmental entities, utilities, and industry organizations. The 30
commission shall describe the nature of its consultations with third 31
parties in its order approving or approving with conditions a plan or 32
plan update. 33
(3) The commission may adopt rules to implement this section. The 34
rules may include, but need not be limited to, procedures and 35
standards regarding vegetation management, public power safety 36
shutoffs and service restoration, pole materials, circuitry, and 37
monitoring systems. 38
(4) The commission is not liable for an electrical company's 39
implementation of its wildfire mitigation plan. There is no liability 40
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on the part of, and no cause of action of any nature may arise 1
against, the state, commission, commissioners, commission staff, or 2
commission representatives, agents, or consultants for the death of 3
or injury to persons, or property damage, for any action taken by 4
them in the performance of their powers and duties exercised under 5
this section. 6
Sec. 3. RCW 80.24.010 and 2024 c 351 s 13 are each amended to 7
read as follows: 8
(1) Every public service company subject to regulation by the 9
commission shall, on or before the date specified by the commission 10
for filing annual reports under RCW 80.04.080, file with the 11
commission a statement on oath showing its gross operating revenue 12
from intrastate operations for the preceding calendar year or portion 13
thereof and pay to the commission a fee equal to one-tenth of one 14
percent of the first $50,000 of gross operating revenue, plus four-15
tenths of one percent of any gross operating revenue in excess of 16
$50,000, except that a large combination utility as defined in RCW 17
80.86.010 shall pay a fee equal to ((0.001)) 0.1 percent of the first 18
$50,000 of gross operating revenue, plus ((0.005)) 0.5 percent of any 19
gross operating revenue in excess of $50,000: PROVIDED, That the 20
commission may, by rule, set minimum fees that do not exceed the cost 21
of collecting the fees. The commission may by rule waive any or all 22
of the minimum fee established pursuant to this ((section)) 23
subsection (1). 24
(2) The percentage rates of gross operating revenue to be paid in 25
any year may be decreased by the commission for any class of 26
companies subject to the payment of such fees, by general order 27
entered before March 1st of such year, and for such purpose such 28
companies shall be classified as follows: Electrical, gas, water, 29
telecommunications, and irrigation companies shall constitute class 30
one. Every other company subject to regulation by the commission, for 31
which regulatory fees are not otherwise fixed by law shall pay fees 32
as herein provided and shall constitute additional classes according 33
to kinds of businesses engaged in. 34
(3) The commission shall collect a reasonable fee from an 35
electrical company in addition to the fee in subsection (1) of this 36
section for the purposes of section 2 of this act.37
(4) Any payment of the fee imposed by subsection (1) of this 38
section made after its due date shall include a late fee of two 39
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percent of the amount due. Delinquent fees shall accrue interest at 1
the rate of one percent per month. 2
NEW SECTION. Sec. 4. RCW 80.28.440 (Wildfire mitigation plan — 3
Review/revision) and 2023 c 132 s 3 are each repealed.4
NEW SECTION. Sec. 5. If any provision of this act or its 5
application to any person or circumstance is held invalid, the 6
remainder of the act or the application of the provision to other 7
persons or circumstances is not affected.8
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