§ 40-1303 — Wildfire mitigation plan

A. Except as provided in subsection C of this section, an electric utility shall prepare and submit a wildfire mitigation plan to the state forester for review and approval as prescribed in section 37-1311. The electric utility may use the submission as an update to the last approved wildfire mitigation plan. The electric utility shall submit the wildfire mitigation plan to the state forester on or before May 1, 2026 and every even-numbered year thereafter.

B. Any action by the state forester that approves a wildfire mitigation plan is not considered approval for recovery of the electric utility's costs necessary to implement the wildfire mitigation plan through rates for service charged to the electric utility's customers.

C. An electric utility that is an electric cooperative 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 the state forester in accordance with subsection A of this section. An electric utility that is an electric cooperative with forty thousand or more meters in this state as of January 1, 2025 shall prepare a wildfire mitigation plan as prescribed in section 37-1311, subsection H and may submit the wildfire mitigation plan to the state forester as prescribed in subsection A of this section.

D. If an electric utility that is an electric cooperative does not submit a wildfire mitigation plan to the state forester for review and approval pursuant to section 37-1311, this chapter does not apply to that electric utility.