Bill Description: Senate Bill 1183 would require electric companies to prepare and abide by wildfire mitigation plans in exchange for being shielded from liability for damages caused by wildfires.
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NOTE: Senate Bill 1183 is related to Senate Bill 1124 (2025). The liability shield created by Senate Bill 1183 is a bit more limited than the one contained in Senate Bill 1124, which would hold an electric corporation responsible only if it "fails to substantially comply with an essential element of a commission-approved wildfire mitigation plan." Senate Bill 1183's liability shield creates a "rebuttable presumption" that "extends to any act or omission taken in reasonable accordance with the approved wildfire mitigation plan."
Does it increase government spending (for objectionable purposes) or debt? Conversely, does it decrease government spending or debt?
Senate Bill 1183 would create Chapter 18, Title 61, Idaho Code, titled the "Wildfire Standard of Care Act." This act would require "each electric corporation that is a public utility" to "adopt and file a wildfire mitigation plan with the [Idaho Public Utilities] commission for its review and approval."
The fiscal note for the bill estimates that the Idaho Public Utilities Commission (PUC) will need two additional Full Time Positions (FTPs) at an ongoing cost of $182,800 (plus $4,600 one-time costs).
While this mandate creates new costs, prudent planning to mitigate the harm caused by wildfires is not an inherently objectionable purpose for government spending.
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Does it violate the principle of equal protection under the law? Examples include laws that discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?
Unfortunately, the underlying purpose of the wildfire mitigation plans appears to be less about mitigating wildfires than mitigating liability. The bill says, "In a civil action where wildfire-related damages are being sought against an electric corporation, there is a rebuttable presumption that the electric corporation acted without negligence if, with respect to the cause of the wildfire, the electric corporation reasonably implemented a commission-approved wildfire mitigation plan."
It goes on to say, "This rebuttable presumption extends to any act or omission taken in reasonable accordance with the approved wildfire mitigation plan in effect at the time the fire ignited, regardless of the content in any prior commission-approved plan that is no longer in effect."
It says, "If an electric corporation is found liable in a civil action for damages due to any unplanned or uncontrolled fire, then a plaintiff seeking damages in such civil action may recover damages as provided for in sections 38-107(2), 6-1603, and 6-1604, Idaho Code, subject to the limitations provided therein."
Sections 38-107(2), Idaho Code, limits "real and personal property damage" to "the reasonable costs for controlling or extinguishing the forest or range fire; economic damages; and either (i) the diminution of fair market value of the real and personal property resulting from the fire, or (ii) the actual and tangible restoration costs associated with bringing the damaged real and personal property back to its pre-injured state to the extent that such actual and tangible restoration costs are reasonable and practical."
Section 6-1603, Idaho Code, limits a judgment for noneconomic damages — even in the case of death — to just $250,000. Section 6-1604, Idaho Code, limits punitive damages to the greater of $250,000 or three times the compensatory damages.
Another provision of the bill says, "Except to the extent title 72, Idaho Code, is applicable, the civil actions identified in section 61-1806, Idaho Code, shall be the exclusive civil remedies available against an electric corporation for damages resulting from any act or omission related to a commission-approved wildfire mitigation plan."
Section 61-1806, Idaho Code, would be created by this bill and contains the lability provisions discussed above.
Individuals have a right to seek redress and restitution under the law when they suffer harm due to negligence, and utilities have a duty of care that should not be limited or suspended simply because they prepare and abide by a wildfire mitigation plan.
It is also troubling that even in cases potentially involving willful or reckless misconduct, damage and punitive awards from juries would be limited. If a utility's negligence or misconduct contributes to injuries or loss of life, juries should be allowed to determine the proper extent of restitution.
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