Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1071 By: Woods
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6 AS INTRODUCED
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7 An Act relating to electric utilities; creating the
7 Wildland Fire Protection Act; providing short title;
8 defining terms; establishing requirements for
8 electrical wildland fire protection plan; requiring
9 utility to furnish plan upon request; directing
9 utility to consult with certain agencies; construing
10 provisions; allowing utility to recover costs under
10 certain circumstances subject to certain
11 requirements; establishing liability for certain
11 persons for certain causes of wildland fires,
12 regardless of land jurisdiction; providing for
12 certain exceptions to cause determination; allowing
13 property owner to bring certain action; establishing
13 award for damages; providing for codification; and
14 providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 16-41 of Title 2, unless there
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20 is created a duplication in numbering, reads as follows:
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21 This act shall be known and may be cited as the "Wildland Fire
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22 Protection Act".
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Req. No. 1379 Page 1
1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 16-42 of Title 2, unless there
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3 is created a duplication in numbering, reads as follows:
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4 As used in this act:
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5 1. "Electric cooperative" means a cooperative as defined
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6 pursuant to Section 437.1 of Title 18 of the Oklahoma Statutes;
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7 2. "Electric utility" means an electric cooperative or public
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8 utility;
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9 3. "Electrical wildland fire protection plan" means a plan that
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10 is prepared by an electric utility for the purpose of mitigating a
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11 wildland fire within the utility's service area;
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12 4. "Injuries arising from the ownership of property" means all
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13 claims for property damage, trespass, nuisance, loss of use,
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14 injuries to timber, loss of employment, or emotional distress
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15 arising from a wildland fire;
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16 5. "Public utility" means a utility as defined pursuant to
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17 Section 151 of Title 17 of the Oklahoma Statutes; and
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18 6. "Wildland fire" means any uncontrolled fire on forests,
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19 grasslands, fields, croplands, or wildlands; provided, wildland fire
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20 also includes any such fire which damages or destroys improvements
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21 or structures.
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22 SECTION 3. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 16-43 of Title 2, unless there
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24 is created a duplication in numbering, reads as follows:
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Req. No. 1379 Page 2
1 A. An electric utility operating in this state may prepare an
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2 electrical wildland fire protection plan in accordance with the
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3 requirements of this section as deemed necessary by the utility for
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4 the purpose of mitigating wildland fires.
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5 B. An electrical wildland fire protection plan under this
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6 section shall include a description of:
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7 1. Areas within the service area of the electric utility that
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8 may be subject to a heightened risk of wildland fire;
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9 2. The procedures, standards, and time frames that the electric
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10 utility will use to inspect its infrastructure and perform
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11 vegetation management;
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12 3. Proposed modifications or upgrades to facilities;
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13 4. Preventative programs that the electric utility will
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14 implement to reduce the risk of its electric facilities initiating a
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15 wildfire;
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16 5. The procedures that the electric utility intends to use to
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17 restore its electrical system in the event of a wildland fire; and
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18 6. Potential consultation, if applicable, with state or local
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19 wildland fire protection plans.
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20 C. Any electric utility that prepares an electrical wildland
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21 fire protection plan under this section shall maintain a copy of
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22 such plan and make it available for public inspection upon request.
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23 The utility shall consider input from the Oklahoma Department of
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24 Agriculture, Food, and Forestry, the State Fire Marshal, and any
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Req. No. 1379 Page 3
1 other appropriate federal, state, or local entity that requests to
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2 provide input to the utility.
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3 D. Nothing in this act shall be construed to require an
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4 electric utility to implement modifications or upgrades to
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5 facilities or preventative programs which, commensurate with the
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6 level of risk of wildland fire for an area within the utility's
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7 service area, are not commonly utilized in the electric distribution
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8 and transmission process of the utility or exceed comparable
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9 industry standards.
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10 E. An electric utility may recover in rates all prudently
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11 incurred investments and expenditures, including capital costs, as a
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12 result of the implementation of an electrical wildland fire
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13 protection plan. A rate adjustment under this subsection shall be
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14 subject to the requirements of Section 250 et seq. of Title 17 of
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15 the Oklahoma Statutes. Subject to approval by the Corporation
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16 Commission, an electric utility may defer or collect the incremental
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17 revenue requirements for the capital investments and expenses that
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18 are not included in base rates in order to implement an electrical
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19 wildland fire protection plan under this act.
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20 SECTION 4. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 16-44 of Title 2, unless there
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22 is created a duplication in numbering, reads as follows:
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23 A. Except as provided in subsection B of this section, a person
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24 who negligently, recklessly, or intentionally causes or spreads a
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Req. No. 1379 Page 4
1 wildland fire shall be liable for the injuries arising from the
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2 ownership of property which result from that wildland fire. A
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3 person liable under this subsection shall be liable regardless of
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4 whether the fire begins on federal, tribal, state-owned, or private
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5 land.
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6 B. In any civil action or other legal proceeding seeking to
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7 recover injuries arising from the ownership of property which
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8 resulted from a wildland fire, an electric utility shall not be
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9 considered to have negligently caused a wildland fire if:
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10 1. An electrical wildland fire protection plan of the electric
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11 utility identified and sought to mitigate conditions which may have
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12 caused or contributed to the cause of the wildland fire or fires;
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13 2. For the area of origin of the wildland fire, the electric
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14 utility has undertaken the fire mitigation work identified in the
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15 electrical wildland fire protection plan, including:
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16 a. inspection, maintenance, and repair activities,
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17 b. modifications or upgrades to facilities or the
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18 construction of new facilities,
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19 c. vegetation management, and
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20 d. preventative programs; or
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21 3. The electric utility is denied or delayed access to a right-
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22 of-way on land owned by a state, federal, or tribal governmental
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23 agency after the utility requested access to the right-of-way to
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1 perform fire mitigation work in accordance with the electrical
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2 wildland fire protection plan.
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3 C. 1. In the event an electric utility does not have an
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4 electrical wildland fire protection plan that identified and sought
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5 to address the potential causes of a wildland fire for fire
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6 mitigation purposes, a property owner who suffers damages resulting
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7 from a wildland fire caused intentionally, recklessly, or
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8 negligently by an electric utility may bring an action under this
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9 section to recover injuries arising from the ownership of property
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10 which resulted from the wildland fire.
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11 2. An award for damages for injuries arising from the ownership
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12 of property from a wildland fire, including loss of vegetation,
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13 shall be the lesser of:
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14 a. the cost to restore the real property to the condition
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15 it was in prior to the wildland fire, or
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16 b. the difference between:
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17 (1) the fair market value of the real property before
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18 the wildland fire, and
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19 (2) the fair market value of the real property after
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20 the wildland fire.
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21 3. The lack of an applicable electrical wildland fire
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22 protection plan shall not be considered in any award for punitive
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23 damages against an electric utility.
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1 D. Nothing in this act shall be construed to address or impact
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2 liability for and recovery of damages for bodily injuries resulting
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3 from a wildland fire.
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4 SECTION 5. This act shall become effective November 1, 2025.
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6 60-1-1379 MR 1/16/2025 3:07:12 PM
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Req. No. 1379 Page 7Every fact on this page links to its source, starting with the official bill record.