30-904. Liability for causing wildfires; severability
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/az/title-30/30-904A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. For any cause of action for negligence against a public power entity that is related to a wildfire, a public power entity that acts in compliance with a wildfire mitigation plan that is approved pursuant to sections 30-903 and 37-1311 is deemed to meet the standard of care for a reasonably prudent public power entity. A party that asserts a cause of action shall prove that a failure to comply with the approved wildfire mitigation plan was a proximate cause of any loss, injury or other harm alleged.
B. Notwithstanding subsection A of this section, a public power entity that engages in wilful, intentional or reckless misconduct that causes a wildfire is deemed to not meet the standard of care for a reasonably prudent public power entity. A failure to comply with an approved wildfire mitigation plan does not constitute negligence per se. A public power entity's or electric utility's wildfire mitigation plan shall not be admissible as evidence against another public power entity or electric utility in a civil action that arose out of a wildfire.
C. A public power entity shall not be apportioned any proportion of fault for the ignition of a wildfire from sources that are outside of the public power entity's control, including lightning strikes or actions by third parties.
D. A public power entity shall not be apportioned any proportion of fault for vegetation or other wildfire risks outside of the public power entity's right-of-way, lease or other property rights or areas in which the public power entity has been delayed in accessing or denied access to for purposes of performing vegetation management if the delay or denial is outside of the public power entity's reasonable control.
E. A claim for condemnation or inverse condemnation shall not exist against a public power entity related to wildfires.
F. If any provision of this chapter or the public power entity's application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable.