§ 54-24-201 — Wildland fire protection plan for a qualified utility.

(1) A qualified utility shall prepare a wildland fire protection plan in accordance with the requirements of this chapter.
(2) A wildland fire protection plan under Subsection (1) shall include:

(2)(a) a description of areas within the service territory of the qualified utility that may be subject to a heightened risk of wildland fire;
(2)(b) a description of the procedures, standards, and time frames that the qualified utility will use to inspect and operate its infrastructure;
(2)(c) a description of the procedures and standards that the qualified utility will use to perform vegetation management;
(2)(d) a description of proposed modifications or upgrades to facilities and preventative programs that the qualified utility will implement to reduce the risk of its electric facilities initiating a wildland fire;
(2)(e) a description of procedures for de-energizing power lines and disabling reclosers to mitigate potential wildland fires taking into consideration:
(2)(e)(i) the ability of the qualified utility to reasonably access the proposed power line to be de-energized;
(2)(e)(ii) the balance of the risk of wildland fire with the need for continued supply of electricity to a community; and
(2)(e)(iii) any potential impact to public safety, first responders, and health and communication infrastructure;
(2)(f) a description of the procedures the qualified utility intends to use to restore its electrical system in the event of a wildland fire;
(2)(g) a description of the costs for the implementation of the plan, including system improvements and upgrades;
(2)(h) a description of community outreach and public awareness efforts before and during a wildland fire season; and
(2)(i) a description of potential participation, if applicable, with state or local wildland fire protection plans.
(3) (3)(a) A qualified utility shall submit the wildland fire protection plan described in this section to the commission:
(3)(a)(i) on or before June 1, 2020; and
(3)(a)(ii) on or before October 1 of every third year after calendar year 2020.
(3)(b) The commission shall:
(3)(b)(i) review the plan submitted under Subsection (3)(a); and
(3)(b)(ii) consider input from:

(3)(b)(ii)(A) the State Division of Forestry, Fire, and State Lands created in Section 65A-1-4;
(3)(b)(ii)(B) any other appropriate federal, state, or local entity that chooses to provide input; and
(3)(b)(ii)(C) other interested persons who choose to provide input.
(3)(c) The commission shall approve a wildland fire protection plan submitted under Subsection (3)(a) if the plan:
(3)(c)(i) is reasonable and in the public interest; and
(3)(c)(ii) appropriately balances the costs of implementing the plan with the risk of a potential wildland fire.
(4) No later than June 1, 2021, and each year after 2021, a qualified utility shall submit to the commission a report detailing the qualified utility's compliance with the qualified utility's wildland fire protection plan.

Legislative History

Enacted by Chapter 162, 2020 General Session