§ 30-903 — Wildfire mitigation plan

A. Except as provided in subsection E of this section, a public power entity shall prepare and submit a wildfire mitigation plan to the governing body for review and approval. The public power entity may use the submission as an update to the last approved wildfire mitigation plan. The governing body shall adopt a wildfire mitigation plan on or before May 1, 2026 and every even-numbered year thereafter unless the governing body orders otherwise.

B. The governing body shall review the submitted wildfire mitigation plan to ensure that the wildfire mitigation plan:

1. Complies with this chapter and all applicable rules and regulations.

2. Is reasonable.

3. Is in the public interest.

C. The wildfire mitigation plan is deemed approved by the governing body during the pendency of any judicial action that seeks review of the governing body's approval or rejection of the wildfire mitigation plan or any portion of the wildfire mitigation plan.

D. Except as provided in subsection E of this section, a public power entity shall submit the approved wildfire mitigation plan to the state forester for further review and approval as prescribed in section 37-1311.

E. A public power entity with fewer than forty thousand meters in this state as of January 1, 2025 may prepare and submit a wildfire mitigation plan for review and approval to both the public power entity's governing body and the state forester as prescribed in subsections A and D of this section. If the public power entity with fewer than forty thousand meters in this state as of January 1, 2025 does not submit a wildfire mitigation plan for review and approval to both the governing body pursuant to this section and the state forester pursuant to section 37-1311, this chapter does not apply to that public power entity.