§ 61-1804 — COMMISSION REVIEW OF WILDFIRE MITIGATION PLANS

(1) The commission shall review a wildfire mitigation plan or an update thereto and, after notice and comment, within six (6) months of receiving such filing, shall approve or reject the plan. In reviewing the plan, the commission shall ensure that it meets the minimum requirements stated in section 61-1803, Idaho Code, and shall consider the following factors:
(a) The consistency of the plan with the public health, safety, and welfare;
(b) The feasibility of the plan and the cost of its implementation; and
(c) The degree to which the plan adequately minimizes wildfire risk and proposes to respond to wildfires that do occur.
(2) Within five (5) business days of filing a wildfire mitigation plan with the commission for its review and approval, the electric corporation shall provide notice of the filing to the state forester, cities, counties, fire protection districts, fire protection associations, and timber protection associations within the electric corporation’s Idaho service area. Notice may be given by certified mail or electronic means.
(3) In reviewing a plan, the commission shall consult with the interested entities listed in subsection (2) of this section for technical assistance. With respect to elements of the plan that relate to vegetation management, reduction of wildfire fuels, and other duties of the state forester under title 38, Idaho Code, it shall be presumed that the recommendations of the state forester, if any are provided, are reasonable and appropriate. Such recommendations shall be incorporated in the decision of the commission unless the commission determines they are not just, reasonable, and in the public interest, in which case the commission shall document its reasoning in its order approving or rejecting the plan.

Legislative History

[61-1804, added 2025, ch. 249, sec. 1, p. 1104.]