| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to approval of electric utility wildfire mitigation plans; |
| Bill Description | Concerning approval of electric utility wildfire mitigation plans. |
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What this bill does
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This bill adds a new statutory section in chapter 80.28 RCW that requires electrical companies to file wildfire mitigation plans (or updates to previously filed plans) with the commission as soon as practicable, and to update those plans at least once every three years. Plans must also be provided to the Department of Natural Resources and the utility wildland fire prevention advisory committee in the format required by RCW 76.04.185 for posting. The commission must hold at least one public workshop and one public meeting before acting, and must approve, reject, or approve with conditions a newly filed plan within 120 days and a plan update within 90 days. The commission may approve with conditions and may modify plans to balance mitigation costs against wildfire risk reduction and must explain any modifications in its order. The commission is directed to adopt implementing rules that include workshops with local fire protection districts, utilities, affected landowners, and customer-representative groups and must address procedures and standards on vegetation management (including fair market landowner compensation guidelines when appropriate), public safety power shutoffs and service restoration, pole materials, circuitry, and monitoring systems. The bill also disclaims liability for the state, the commission, its staff, representatives, agents, and consultants for actions taken in performance of powers and duties under the new section and includes a severability clause.
The bill amends RCW 80.24.010 to restate the gross operating revenue fee structure for public service companies, to authorize the commission to collect an additional reasonable fee from electrical companies to support the new wildfire plan section, and to set penalties for late payment (2% of the amount due) and delinquent interest (1% per month). It restates percentage fee rates for general public service companies and for large combination utilities and allows the commission, by general order entered before March 1 of a year, to decrease percentage fee rates for classes of companies. The bill also repeals RCW 80.28.440 and 2023 c 132 s 3. The text provided does not state the act’s effective date, does not give a specific section number for the new chapter 80.28 provision, does not explicitly name the commission, does not include the adopted implementing rules’ deadline, and does not include the text of the repealed section or the full text of referenced RCWs cited for cross-reference.
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Why it matters
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If enacted, electric utilities will have to prepare and file comprehensive wildfire mitigation plans quickly and update them at least every three years, share them with the Department of Natural Resources and the state advisory committee for posting, and participate in public workshops and meetings while the utilities submit to formal agency review that must be completed within set deadlines (120 days for new plans, 90 days for updates). Utilities will face new upfront and ongoing compliance costs for plan preparation, possible changes the commission orders to balance cost and risk (including vegetation management and public safety power shutoff rules), and an additional fee the commission is authorized to collect from electrical companies to fund the program; landowners and local fire districts will be engaged in rulemaking and could receive fair-market compensation when vegetation work affects their land.
The commission’s workload and authority increase: it must adopt implementing rules, hold workshops, approve or modify plans with explanations, and is protected from liability for actions taken under the new section. Key practical uncertainties remain in the text provided: the act’s effective date, the specific commission named, the added section number, and when the commission must adopt the required implementing rules; those gaps affect when and how quickly affected parties must act.
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| Official Documents | View Full Bill Text |
| Senator Chapman (Primary) |
| Senator Short |
| Senator Boehnke |
| Senator Liias |
| Senator Dozier |
| Senator Nobles |
| Hearing | Senate Environment, Energy & Technology (Public) |
| Hearing | Senate Environment, Energy & Technology (Executive) |