Ariz. Rev. Stat. § 37-1311 – Wildfire mitigation plan; hearing; rules; fees; definitions

A. The state forester shall review and approve a submitted wildfire mitigation plan if the state forester finds that the wildfire mitigation plan:
1. 1. Complies with title 30, chapter 7, article 1 or title 40, chapter 8, article 1 and any other applicable rules.
2. 2. Is reasonable considering the public power entity's or electric utility's size and resources.
3. 3. Is in the public interest.
4. 4. Meets the requirements of subsection H of this section.
5. 5. Is designed to meet the specific conditions and risk of the public power entity's or electric utility's service area in which the public power entity or the electric utility operates.
B. The state forester shall provide public notice and an opportunity for public comment on a submitted wildfire mitigation plan. The state forester shall publish the notice on the Arizona department of forestry and fire management's website and in the Arizona administrative register.
C. Within fourteen days after receiving a submitted wildfire mitigation plan, the state forester shall:
1. 1. Identify the counties and cities and towns that are located within the geographic region as described in the public power entity's or electric utility's wildfire mitigation plan.
2. 2. Establish the time period and instructions for the affected counties and cities and towns to provide public comment.
3. 3. Provide the information prescribed in paragraphs 1 and 2 of this subsection to the public power entity or electric utility.
D. Within ten days after receipt of the information prescribed in subsection C of this section, the public power entity or electric utility shall provide written notice to the identified counties and cities and towns of the opportunity to provide comment on the wildfire mitigation plan.
E. Within forty-five days after receipt of any wildfire mitigation plan, the state forester shall hold a public meeting to solicit comments on any proposed wildfire mitigation plan. The state forester shall provide for remote attendance at the public meeting using telephonic or video conferencing.
F. The state forester may request additional information or request modification to the submitted wildfire mitigation plan within one hundred twenty days after the initial receipt of the wildfire mitigation plan by providing written notice to the public power entity or electric utility. If the state forester does not request additional information or a modification to the wildfire mitigation plan, the wildfire mitigation plan is deemed administratively approved after the one hundred twenty-day review period.
G. Within ninety days after receipt of the notice prescribed in subsection F of this section, the public power entity or electric utility shall respond to the state forester's request for information and, if necessary, may revise the wildfire mitigation plan. The state forester shall have sixty days after receipt of the responses or a revised wildfire mitigation plan, whichever is later, to consider the approval or denial of the wildfire mitigation plan. If the state forester does not request further additional information or a modification to the wildfire mitigation plan, the wildfire mitigation plan is deemed administratively approved at the expiration of sixty days. The wildfire mitigation plan is deemed approved during the pendency of any judicial action pursuant to title 12, chapter 7, article 6 that seeks review of the state forester's approval or denial of the wildfire mitigation plan or any portion of the wildfire mitigation plan.
H. The wildfire mitigation plan shall do the following:
1. 1. Identify Preventive actions, protective equipment and monitoring programs that the public power entity or electric utility will carry out, install, repair, replace or implement to minimize the risk of a wildfire.
2. 2. Include:
  1. (a) A description of areas within the geographic region where the public power entity's or electric utility's facilities may be subject to a heightened risk of wildfire.
  2. (b) A description of the procedures, standards and time frames that the public power entity or electric utility will use to inspect and operate the public power entity's or electric utility's infrastructure to mitigate the risk of wildfires.
  3. (c) A description of the key individuals or position titles of those persons who are responsible for implementing the wildfire mitigation plan.
  4. (d) A description of the procedures for deenergizing power lines and disabling reclosers to mitigate potential wildfires or provide a public safety power shutoff plan.
  5. (e) A description of the procedures, standards and time frames that the public power entity or electric utility will use to carry out vegetation management.
  6. (f) A summary of the procedures the public power entity or electric utility intends to use to restore the public power entity's or electric utility's electrical system in the event of a wildfire.
  7. (g) A description of community outreach and public awareness efforts.
  8. (h) A description of potential participation, if applicable, with state or local wildfire protection efforts.
  9. (i) A description of how the public power entity or electric utility will monitor compliance with the wildfire mitigation plan.
I. A public power entity or electric utility may reference procedures and standards that are not specifically enumerated in the wildfire mitigation plan in lieu of the requirements prescribed in subsection H of this section. Referenced material shall be included as attachments to the wildfire mitigation plan submission.
J. During the pendency of any review and approval process by the state forester prescribed in this section, any wildfire mitigation plan previously approved by the state forester shall remain approved and in effect.
K. The state forester may adopt rules to implement this section.
L. Any action by the state forester pursuant to this section and any comments on the wildfire mitigation plan provided by any county, city, town or other governmental entity pursuant to this section are the exercise of an administrative function involving the determination of fundamental governmental policy as prescribed in section 12-820.01.
M. The state forester may charge reasonable fees to public power entities and electric utilities for the review and approval of wildfire mitigation plans as prescribed in this section. In establishing the fees, the state forester may consider factors such as the time and materials necessary to review the wildfire mitigation plans with consideration given to the relative size, resources and service territory complexity of the public power entity or electric utility submitting a wildfire mitigation plan. The state forester shall deposit fees collected pursuant to this subsection in the cooperative forestry fund established by section 37-1306.
N. For the purposes of this section:
1. 1. "Electric utility" has the same meaning prescribed in sections 30-901 and 40-1301.
2. 2. "Public power entity" has the same meaning prescribed in sections 30-901 and 40-1301.
3. 3. "Public safety power shutoff" means the intentional temporary shutoff of power during certain weather or environmental conditions to reduce the risk of wildfire.
4. 4. "Wildfire" has the same meaning prescribed in sections 30-901 and 40-1301.
5. 5. "Wildfire mitigation plan" has the same meaning prescribed in section 30-901 or 40-1301.