Arizona lawmakers advance bill to protect utilities from wildfire liability

State senators advanced a proposal on Monday which would protect power companies from lawsuits if they start wildfires.

Utilities have been responsible for more wildfires across the country in recent years, and in Arizona, wildfire risk has been increasing in general.

Now, utilities are lobbying for added protection from lawsuits if a fire happens in Arizona.

There would still be an avenue to sue utilities if the bill passes, but it would be more difficult to prove their liability in causing a fire.

Proponents argue that as they stand now, utilities are easy targets for lawsuits and if they spend massively on wildfire mitigation it will result in jacked-up rates for consumers.

“This situation is inevitable to happen to our state, and what we do to prepare for it is absolutely critical, so I would ask that you vote in favor of this because we cannot let perfection be the enemy of progress when it comes to wildfire mitigation in our state,” Tom Caretto told lawmakers on behalf of the Professional Fire Fighters of Arizona.

Opponents of the bill, HB 2201, include insurance companies who say the legislation is just a way for utilities to skirt liability and hold onto their money, even if they cause a devastating disaster.

“HB 2201 is a wolf in sheep’s clothing. The bill is disguised as a mitigation bill, but the real goal of the utility companies is to avoid financial liability the next time they cause a major wildfire,” Laura Curtis said on behalf of the American Property Casualty Insurance Association.

Utilities already do implement some fire mitigation efforts like trimming trees around power lines, but opponents say this bill would disincentivize the companies to spend money on that mitigation.

The bill would also require utilities to create wildfire mitigation plans and submit them every two years.

Sen. J.D. Mesnard (R-Chandler) told his colleagues they need to find a balance between leaving utilities on their own and giving them blanket immunity.

The bill passed 5-2 with some bipartisan support, although it’s faced bipartisan opposition throughout the legislative process so far as well.