Bill Analyses and Ratings

S1183

Rating: –1

Bill Summary:

Senate Bill 1183 creates a new Chapter 18 in Title 61, Idaho Code, titled the Wildfire Mitigation Standard of Care Act. The bill requires electric utilities regulated by the Public Utilities Commission to file and implement wildfire mitigation plans, subject to annual updates. Plans must address high-risk fire areas, infrastructure upgrades, vegetation management, weather monitoring, emergency power shutoffs, and interagency coordination. Utilities that follow an approved plan receive a rebuttable presumption of non-negligence in any civil wildfire-related lawsuits. Additionally, the bill authorizes electric corporations to access private, tribal, or governmental land for inspection or vegetation management, provided that notice is given and no response is received within 30 days. The bill limits civil liability for utilities and includes no sunset or fiscal restraint provisions.

Reason for Rating:
S1183 violates multiple principles of the Idaho Republican Party Platform. It authorizes regulated monopolies to enter private property without owner consent—a clear infringement on private property rights, which the platform describes as fundamental to liberty and explicitly protects against government overreach. By shielding electric utilities from full legal accountability through a statutory presumption of non-negligence, the bill further undermines equal access to justice and favors monopolistic corporate interests. It also expands the regulatory reach of the Idaho Public Utilities Commission, promoting top-down environmental compliance instead of localized, voluntary mitigation. Because it centralizes power, erodes private landowner rights, and insulates state-backed corporations from liability, this legislation earns a negative rating.