SF 5106

04/09/26  REVISOR  RSI/CG  26-08224      as introduced
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 5106
  (SENATE AUTHORS: HAUSCHILD)
  DATE       D-PG  OFFICIAL STATUS
  04/13/2026      8001 Introduction and first reading
  Referred to Energy, Utilities, Environment, and Climate
1.1A bill for an act
1.2relating to energy; establishing utility wildfire safety plans; authorizing certain
1.3cost recovery; proposing coding for new law in Minnesota Statutes, chapters 216B;
1.4604.
1.5      BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6Section 1. [216B.1697] COST RECOVERY FOR WILDFIRE MITIGATION PLAN
1.7      IMPLEMENTATION.
1.8The commission must approve recovery of all prudently incurred investments and
1.9      expenditures made by a public utility to implement an approved wildfire mitigation plan in
1.10     a rate change proceeding initiated under section 216B.16.
1.11Sec. 2. [216B.791] QUALIFIED UTILITY WILDFIRE MITIGATION PLAN.
1.12Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
1.13     the meanings given.
1.14(b) "Hazardous vegetation" means plants that (1) are dry, diseased, or dead, (2) are in
1.15     close proximity to power lines, and (3) could come into contact with power lines in dry and
1.16     windy conditions and lead to electrical faults or wildfires.
1.17(c) "Qualified utility" means:
1.18(1) an electric public utility;
1.19(2) a generation and transmission cooperative electric association;
1.20(3) a municipal power agency;
1.21(4) a power district;
Sec. 2.  1
 04/09/26  REVISOR  RSI/CG  26-08224  as introduced
2.1      (5) a cooperative electric association;
2.2      (6) a municipal electric utility; or
2.3      (7) an electric transmission provider.
2.4      (d) "Wildfire mitigation plan" means a plan submitted to the commission or the qualified
2.5  utility's governing authority under this section.
2.6      Subd. 2. Wildfire mitigation plan. (a) A qualified utility may prepare a wildfire
2.7  mitigation plan under this section.
2.8      (b) A wildfire mitigation plan must include, at a minimum, a description of:
2.9      (1) the qualified utility's service territory and the areas within and adjacent to the service
2.10 territory or rights-of-way that may be subject to a heightened risk of wildfire;
2.11     (2) the procedures, standards, and schedules that the qualified utility uses to inspect and
2.12 operate the qualified utility's transmission and distribution infrastructure, if any;
2.13     (3) the procedures, standards, and time frames the qualified utility will use to safely and
2.14 reliably operate and inspect its infrastructure affected by hazardous vegetation;
2.15     (4) the procedures, standards, and schedules the qualified utility uses to perform
2.16 vegetation management;
2.17     (5) how the qualified utility coordinates with other qualified utilities regarding any shared
2.18 facilities;
2.19     (6) the modifications, replacements, and upgrades to facilities and preventative programs
2.20 the qualified utility implements to reduce the risk of the qualified utility's electric facilities
2.21 initiating a wildfire;
2.22     (7) if the utility plans to implement a public safety power shutoff to mitigate potential
2.23 wildfires, procedures to disable reclosers and de-energize power lines that consider:
2.24     (i) the qualified utility's ability to reasonably access the recloser to disable or the power
2.25 line to de-energize;
2.26     (ii) the wildfire risk based on modeling that analyzes wildfire risk factors, including but
2.27 not limited to weather, topography, and vegetation, to assess the likelihood for a fire and
2.28 whether the fire may spread;
2.29     (iii) the need for continued supply of electricity to a community;
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 04/09/26  REVISOR  RSI/CG  26-08224  as introduced
3.1      (iv) the potential impact that disabling reclosers or de-energizing power lines may have
3.2  on the resilience of the remainder of the qualified utility's transmission and distribution
3.3  facilities, if any;
3.4      (v) the need to provide notice to customers and the public before or as soon as practicable
3.5  after de-energization;
3.6      (vi) the need to communicate and coordinate with other qualified utilities that may be
3.7  impacted by disabling reclosers or de-energizing power lines, and plans to accomplish
3.8  communications, including communications with transmission operators, reliability
3.9  coordinators, and cooperative member systems; and
3.10     (vii) the potential impact to public health and safety, first responders, and communication
3.11 infrastructure; and
3.12     (8) potential participation or coordination with state or local wildfire protection or
3.13 mitigation plans.
3.14     (c) An electric public utility must include the following in the electric public utility's
3.15 wildfire mitigation plan:
3.16     (1) procedures the qualified utility intends to use to restore the qualified utility's electrical
3.17 system in the event of a wildfire;
3.18     (2) estimated costs to implement the plan, including system improvements and upgrades;
3.19 and
3.20     (3) community outreach and public awareness efforts before and during wildfire season,
3.21 particularly in areas impacted by wildfires or de-energizations.
3.22     Subd. 3. Electric public utilities and electric transmission provider submission
3.23 requirements. (a) An electric public utility or electric transmission provider may submit a
3.24 wildfire mitigation plan to the commission for approval.
3.25     (b) Within 90 days, the commission must approve, modify, or reject a wildfire mitigation
3.26 plan submitted under this section if the plan is reasonable and in the public interest.
3.27     (c) A wildfire mitigation plan approved by the commission preempts a local land use
3.28 plan or ordinance that, in whole or in part, impedes or precludes an electric public utility
3.29 or electric transmission provider from implementing the wildfire mitigation plan.
3.30     (d) An electric public utility or electric transmission provider must publish on the utility's
3.31 or provider's website a wildfire mitigation plan within 30 days after the date the commission
3.32 approves the plan.
 Sec. 2.  3
 04/09/26  REVISOR  RSI/CG  26-08224  as introduced
4.1      (e) An electric public utility or electric transmission provider with a wildfire mitigation
4.2  plan approved by the commission under this subdivision must update and resubmit the plan
4.3  to the commission for approval every four years. If an electric public utility or electric
4.4  transmission provider submits an annual report under subdivision 4, the electric public
4.5  utility or electric transmission provider must publish the report on the utility's or provider's
4.6  website.
4.7      Subd. 4. Additional submission requirements. (a) A generation and transmission
4.8  cooperative electric association, a municipal power agency, a power district, a cooperative
4.9  electric association, or a municipal utility may submit a wildfire mitigation plan to the
4.10 governing authority.
4.11     (b) The governing authority of a generation and transmission cooperative electric
4.12 association, a municipal power agency, a power district, a cooperative electric association,
4.13 or a municipal utility shall approve a wildfire mitigation plan if the plan:
4.14     (1) is reasonable and in the interest of the electric cooperative members; and
4.15     (2) appropriately balances the costs to implement the plan with the potential wildfire
4.16 risk.
4.17     (c) A generation and transmission cooperative electric association, a municipal power
4.18 agency, a power district, a cooperative electric association, or a municipal utility must:
4.19     (1) publish an approved wildfire mitigation plan on the entity's website within 30 days
4.20 after the date the governing authority approves the plan;
4.21     (2) file an approved wildfire mitigation plan with the commission;
4.22     (3) file an annual report with the governing authority detailing the entity's compliance
4.23 with the wildfire mitigation plan no later than December 31 each year the plan is effective;
4.24 and
4.25     (4) file a copy of the compliance report required under clause (3) with the commission.
4.26     (d) A generation and transmission cooperative electric association, a municipal power
4.27 agency, a power district, a cooperative electric association, or a municipal utility with a
4.28 wildfire mitigation plan approved by the governing authority must update and resubmit the
4.29 plan to the governing authority for approval every two years.
 Sec. 2.  4
 04/09/26  REVISOR  RSI/CG  26-08224  as introduced
5.1    Sec. 3. [604.195] CIVIL LIABILITY FOR WILDFIRES CAUSED BY UTILITY
5.2  FACILITIES.
5.3Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
5.4  the meanings given.
5.5(b) "Qualified utility" has the meaning given in section 216B.791, subdivision 1.
5.6(c) "Wildfire" means an unplanned, unwanted fire burning that (1) may damage or cause
5.7  harm to natural resources, agricultural resources, and property, or (2) threatens lives and
5.8  safety.
5.9(d) "Wildfire mitigation plan" has the meaning given in section 216B.791, subdivision
5.10 1.
5.11Subd. 2. Strict liability prohibited. Notwithstanding any law to the contrary, a qualified
5.12 utility must not be held strictly liable in a cause of action alleging the qualified utility caused
5.13 wildfire-related damages.
5.14Subd. 3. Liability; civil action. (a) Except as provided in subdivision 4, a person who
5.15 negligently, recklessly, or intentionally causes or spreads a wildfire is liable for the cost to
5.16 suppress the wildfire, regardless of whether the fire begins on private land, land owned by
5.17 the state, federal land, or Tribal land.
5.18(b) A person who incurs costs to suppress a wildfire may bring an action under this
5.19 section to recover the costs.
5.20(c) A property owner who suffers damages resulting from a wildfire may bring an action
5.21 under this section to recover the damages.
5.22Subd. 4. Liability limitation; substantial compliance. (a) In an action to recover
5.23 damages resulting from a wildfire or to recover the cost of fire suppression resulting from
5.24 a wildfire, a qualified utility has not negligently caused a wildfire if:
5.25(1) the qualified utility substantially complied with the wildfire mitigation plan, including
5.26 inspection, maintenance, and repair activities; modifications or upgrades to facilities or
5.27 construction of new facilities; vegetation management work; and preventative programs;
5.28(2) the qualified utility is denied or delayed access to a right-of-way on land owned by
5.29 the state, a federal agency, or a Tribal government after the qualified utility requests access
5.30 to the right-of-way to perform vegetation management or fire mitigation work under an
5.31 approved wildfire mitigation plan; and
 Sec. 3.  5
 04/09/26  REVISOR  RSI/CG  26-08224  as introduced
6.1      (3) the wildfire mitigation plan identifies and addresses the cause of the wildfire for fire
6.2  mitigation purposes.
6.3      (b) A qualified utility substantially complies with the wildfire mitigation plan if the
6.4  qualified utility attempted in good faith to comply with the plan but was denied or
6.5  unreasonably delayed access to a right-of-way after the qualified utility requested access
6.6  to the right-of-way to perform vegetation management or fire mitigation work under the
6.7  plan and the denial or delay was a proximate cause of the plaintiff's damages.
6.8      Subd. 5. Award of damages. An award for damages to real property resulting from a
6.9  wildfire, including the loss of vegetation, must be the lesser of:
6.10     (1) the cost to restore the real property to the real property's prewildfire condition; or
6.11     (2) the difference between the real property's fair market value before the wildfire and
6.12 the real property's fair market value after the wildfire.
6.13     EFFECTIVE DATE. This section is effective August 1, 2026, and applies to causes
6.14 of action accruing on or after that date.
 Sec. 3.  6