SF 5106
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/14/2026 09:31 a.m.
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A bill for an act
relating to energy; establishing utility wildfire safety plans; authorizing certain
cost recovery; proposing coding for new law in Minnesota Statutes, chapters 216B;
604.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[216B.1697] COST RECOVERY FOR WILDFIRE MITIGATION PLAN
IMPLEMENTATION.
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The commission must approve recovery of all prudently incurred investments and
expenditures made by a public utility to implement an approved wildfire mitigation plan in
a rate change proceeding initiated under section 216B.16.
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Sec. 2.
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[216B.791] QUALIFIED UTILITY WILDFIRE MITIGATION PLAN.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Hazardous vegetation" means plants that (1) are dry, diseased, or dead, (2) are in
close proximity to power lines, and (3) could come into contact with power lines in dry and
windy conditions and lead to electrical faults or wildfires.
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(c) "Qualified utility" means:
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(1) an electric public utility;
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(2) a generation and transmission cooperative electric association;
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(3) a municipal power agency;
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(4) a power district;
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(5) a cooperative electric association;
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(6) a municipal electric utility; or
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(7) an electric transmission provider.
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(d) "Wildfire mitigation plan" means a plan submitted to the commission or the qualified
utility's governing authority under this section.
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new text begin Subd. 2. new text end
new text begin Wildfire mitigation plan. new text end
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(a) A qualified utility may prepare a wildfire
mitigation plan under this section.
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(b) A wildfire mitigation plan must include, at a minimum, a description of:
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(1) the qualified utility's service territory and the areas within and adjacent to the service
territory or rights-of-way that may be subject to a heightened risk of wildfire;
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(2) the procedures, standards, and schedules that the qualified utility uses to inspect and
operate the qualified utility's transmission and distribution infrastructure, if any;
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(3) the procedures, standards, and time frames the qualified utility will use to safely and
reliably operate and inspect its infrastructure affected by hazardous vegetation;
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(4) the procedures, standards, and schedules the qualified utility uses to perform
vegetation management;
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(5) how the qualified utility coordinates with other qualified utilities regarding any shared
facilities;
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(6) the modifications, replacements, and upgrades to facilities and preventative programs
the qualified utility implements to reduce the risk of the qualified utility's electric facilities
initiating a wildfire;
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(7) if the utility plans to implement a public safety power shutoff to mitigate potential
wildfires, procedures to disable reclosers and de-energize power lines that consider:
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(i) the qualified utility's ability to reasonably access the recloser to disable or the power
line to de-energize;
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(ii) the wildfire risk based on modeling that analyzes wildfire risk factors, including but
not limited to weather, topography, and vegetation, to assess the likelihood for a fire and
whether the fire may spread;
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(iii) the need for continued supply of electricity to a community;
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(iv) the potential impact that disabling reclosers or de-energizing power lines may have
on the resilience of the remainder of the qualified utility's transmission and distribution
facilities, if any;
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(v) the need to provide notice to customers and the public before or as soon as practicable
after de-energization;
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(vi) the need to communicate and coordinate with other qualified utilities that may be
impacted by disabling reclosers or de-energizing power lines, and plans to accomplish
communications, including communications with transmission operators, reliability
coordinators, and cooperative member systems; and
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(vii) the potential impact to public health and safety, first responders, and communication
infrastructure; and
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(8) potential participation or coordination with state or local wildfire protection or
mitigation plans.
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(c) An electric public utility must include the following in the electric public utility's
wildfire mitigation plan:
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(1) procedures the qualified utility intends to use to restore the qualified utility's electrical
system in the event of a wildfire;
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(2) estimated costs to implement the plan, including system improvements and upgrades;
and
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(3) community outreach and public awareness efforts before and during wildfire season,
particularly in areas impacted by wildfires or de-energizations.
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new text begin Subd. 3. new text end
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Electric public utilities and electric transmission provider submission
requirements.
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(a) An electric public utility or electric transmission provider may submit a
wildfire mitigation plan to the commission for approval.
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(b) Within 90 days, the commission must approve, modify, or reject a wildfire mitigation
plan submitted under this section if the plan is reasonable and in the public interest.
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(c) A wildfire mitigation plan approved by the commission preempts a local land use
plan or ordinance that, in whole or in part, impedes or precludes an electric public utility
or electric transmission provider from implementing the wildfire mitigation plan.
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(d) An electric public utility or electric transmission provider must publish on the utility's
or provider's website a wildfire mitigation plan within 30 days after the date the commission
approves the plan.
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(e) An electric public utility or electric transmission provider with a wildfire mitigation
plan approved by the commission under this subdivision must update and resubmit the plan
to the commission for approval every four years. If an electric public utility or electric
transmission provider submits an annual report under subdivision 4, the electric public
utility or electric transmission provider must publish the report on the utility's or provider's
website.
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new text begin Subd. 4. new text end
new text begin Additional submission requirements. new text end
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(a) A generation and transmission
cooperative electric association, a municipal power agency, a power district, a cooperative
electric association, or a municipal utility may submit a wildfire mitigation plan to the
governing authority.
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(b) The governing authority of a generation and transmission cooperative electric
association, a municipal power agency, a power district, a cooperative electric association,
or a municipal utility shall approve a wildfire mitigation plan if the plan:
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(1) is reasonable and in the interest of the electric cooperative members; and
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(2) appropriately balances the costs to implement the plan with the potential wildfire
risk.
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(c) A generation and transmission cooperative electric association, a municipal power
agency, a power district, a cooperative electric association, or a municipal utility must:
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(1) publish an approved wildfire mitigation plan on the entity's website within 30 days
after the date the governing authority approves the plan;
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(2) file an approved wildfire mitigation plan with the commission;
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(3) file an annual report with the governing authority detailing the entity's compliance
with the wildfire mitigation plan no later than December 31 each year the plan is effective;
and
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(4) file a copy of the compliance report required under clause (3) with the commission.
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(d) A generation and transmission cooperative electric association, a municipal power
agency, a power district, a cooperative electric association, or a municipal utility with a
wildfire mitigation plan approved by the governing authority must update and resubmit the
plan to the governing authority for approval every two years.
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Sec. 3.
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[604.195] CIVIL LIABILITY FOR WILDFIRES CAUSED BY UTILITY
FACILITIES.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Qualified utility" has the meaning given in section 216B.791, subdivision 1.
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(c) "Wildfire" means an unplanned, unwanted fire burning that (1) may damage or cause
harm to natural resources, agricultural resources, and property, or (2) threatens lives and
safety.
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(d) "Wildfire mitigation plan" has the meaning given in section 216B.791, subdivision
1.
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new text begin Subd. 2. new text end
new text begin Strict liability prohibited. new text end
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Notwithstanding any law to the contrary, a qualified
utility must not be held strictly liable in a cause of action alleging the qualified utility caused
wildfire-related damages.
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new text begin Subd. 3. new text end
new text begin Liability; civil action. new text end
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(a) Except as provided in subdivision 4, a person who
negligently, recklessly, or intentionally causes or spreads a wildfire is liable for the cost to
suppress the wildfire, regardless of whether the fire begins on private land, land owned by
the state, federal land, or Tribal land.
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(b) A person who incurs costs to suppress a wildfire may bring an action under this
section to recover the costs.
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(c) A property owner who suffers damages resulting from a wildfire may bring an action
under this section to recover the damages.
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new text begin Subd. 4. new text end
new text begin Liability limitation; substantial compliance. new text end
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(a) In an action to recover
damages resulting from a wildfire or to recover the cost of fire suppression resulting from
a wildfire, a qualified utility has not negligently caused a wildfire if:
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(1) the qualified utility substantially complied with the wildfire mitigation plan, including
inspection, maintenance, and repair activities; modifications or upgrades to facilities or
construction of new facilities; vegetation management work; and preventative programs;
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(2) the qualified utility is denied or delayed access to a right-of-way on land owned by
the state, a federal agency, or a Tribal government after the qualified utility requests access
to the right-of-way to perform vegetation management or fire mitigation work under an
approved wildfire mitigation plan; and
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(3) the wildfire mitigation plan identifies and addresses the cause of the wildfire for fire
mitigation purposes.
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(b) A qualified utility substantially complies with the wildfire mitigation plan if the
qualified utility attempted in good faith to comply with the plan but was denied or
unreasonably delayed access to a right-of-way after the qualified utility requested access
to the right-of-way to perform vegetation management or fire mitigation work under the
plan and the denial or delay was a proximate cause of the plaintiff's damages.
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new text begin Subd. 5. new text end
new text begin Award of damages. new text end
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An award for damages to real property resulting from a
wildfire, including the loss of vegetation, must be the lesser of:
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(1) the cost to restore the real property to the real property's prewildfire condition; or
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(2) the difference between the real property's fair market value before the wildfire and
the real property's fair market value after the wildfire.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2026, and applies to causes
of action accruing on or after that date.
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