WA bill signed into law adds oversight to private utility wildfire protection plans

Washington state Gov. Bob Ferguson has signed into law a bill that adds more oversight over how private electrical utilities mitigate wildfire risks on their properties.

Sponsored by Rep. Tom Dent, R-Moses Lake, House Bill 1522 requires that private electrical utility companies must file wildfire mitigation plans with the state Utilities and Transportation Commission, which the UTC can accept or reject. Additionally, the UTC can require the utilities include certain practices in their plans in order for them to be accepted.

In 2023, Dent was the primary sponsor of House Bill 1032, which required both public and private electrical utilities adopt their own wildfire mitigation plans.

According to a statement put out by Dent, HB 1522’s passage now means “plans can't just sit on a shelf – there needs to be real oversight, public input, and accountability. The UTC will be responsible for deciding if the plans are effective, fair, and won't unnecessarily drive up costs for customers.”

Concerns have been raised in recent years over the impact of wildfires originating on utility-owned property. In 2019, the state set up the Electric Utility Wildland Fire Prevention Task Force, which led to the creation of a permanent Utility Wildland Fire Prevention Advisory Committee in 2021.

In 2020, one town in eastern Washington was almost entirely destroyed by a fire that started when a tree branch fell on Avista-owned land. A lawsuit was filed against the company in 2022, claiming negligence had led to the wildfire. Avista is an investor-owned utility.

In 2023, a report by the State Insurance Commissioner’s Office warned that residents could see increased electrical rates due to the utilities having to pay higher liability insurance premiums.

Last year, utilities like Puget Sound Energy also warned they might have to shut off power via their Public Safety Power Shutoff, which was part of their 2024 Wildfire Mitigation and Response Plan.

Representatives of both PSE and Avista testified in favor of HB 1522, which takes effect 90 days after the legislative session concludes on April 27.