§ 69-2-302 — Electric Facilities Provider -- Wildfire -- Wildfire Mitigation Plan Approval

69-2-302 . Electric facilities provider -- wildfire -- wildfire mitigation plan approval. (1) An electric facilities provider shall prepare a wildfire mitigation plan in accordance with this section and submit the plan to its approval authority and commence implementation of its wildfire mitigation plan no later than December 31, 2025. An electric facilities provider shall resubmit an updated or subsequent wildfire mitigation plan to its approval authority at least every 3 years.
(2) A wildfire mitigation plan must include a description of:
(a) areas in which the electric facilities provider has electric facilities or electric transmission and distribution activities that may be subject to a heightened risk of wildfire;
(b) the strategies and programs that the electric facilities provider will use to inspect, maintain, repair, and operate its electric facilities;
(c) the strategies and programs that the electric facilities provider will use to perform vegetation management;
(d) the strategies for modifications or upgrades to electric facilities and preventative programs that the electric facilities provider will employ to reduce the risk of its electric facilities igniting a wildfire;
(e) the strategies and methods for de-energizing power lines and modifying electric facility operations to mitigate potential wildfires taking into consideration the ability of the electric facilities provider to reasonably access the proposed electric facility to be de-energized, the balance of the risk of wildfire with the need for continued supply of electricity to a community, and any potential impact to public safety, first responders, and health and communications infrastructure;
(f) the methods the electric facilities provider intends to use to restore its electrical system in the event systems are de-energized for the prevention of a wildfire;
(g) the estimated incremental costs associated with implementing the plan, including system improvements and upgrades for a regulated utility;
(h) community outreach and public awareness efforts before and during a wildfire season; and
(i) potential participation, if applicable, with state or local wildland fire protection plans or wildfire mitigation plans.
(3) An electric cooperative must present incremental costs associated with implementing a wildfire mitigation plan to its approval authority for consideration when reviewing the plan. However, those costs may not be a part of the wildfire mitigation plan itself.
(4) For the purposes of this part, the approval authority for an electric facilities provider's wildfire mitigation plan shall:
(a) initially review an electric facilities provider's wildfire mitigation plan;
(b) consider any input from a federal, tribal, state, or local entity, or other interested persons during a public comment period not to exceed 45 days; and
(c) after a public meeting and no more than 60 days after the close of public comment:
(i) approve the wildfire mitigation plan or identify any deficiencies in the plan; and
(ii) provide required modifications in writing with the opportunity for the electric facilities provider to correct the deficiencies and resubmit the plan for approval.
(5) The department and Montana disaster and emergency services shall review a wildfire mitigation plan submitted to the commission and within the public comment period provide comments and recommendations regarding aspects of the plan within each of their jurisdictions.
(6) The approval authority shall approve the wildfire mitigation plan if the approval authority determines the wildfire mitigation plan contains the required components in subsection (2), is in the public interest, and reasonably balances the incremental costs of implementing the plan with the risk of a potential wildfire.
(7) No later than June 1 of each year, the electric facilities provider shall submit to its approval authority a report summarizing the electric facilities provider's wildfire mitigation efforts and compliance with its currently authorized wildfire mitigation plan.
(8) For any jointly owned electric facilities, the operator shall prepare and implement the required wildfire mitigation plan for the jointly owned electric facilities. If an owner of a jointly owned electric facility is a regulated utility, the commission is the approval authority whether or not the operator is a regulated utility. The operator's submission and implementation of a wildfire mitigation plan as required by this subsection satisfies the obligations under this section for the jointly owned electric facility only.
(9) In accordance with the Montana Administrative Procedure Act, the commission may make any necessary rules establishing procedures for the review and comment on a regulated utility's wildfire mitigation plan, including for the appointment of a technical master to determine whether the wildfire mitigation plan contains the required components in subsection (2).
(10) Nothing in this section may be construed to create a new liability, basis for claim, or separate legal cause of action arising from the review or approval of a wildfire mitigation plan when none would exist otherwise.

Legislative History

En. Sec. 2, Ch. 681, L. 2025.