The proposed bill would significantly update current statutes regarding wildfire mitigation for public power entities and electric utilities by introducing new requirements and clarifications. It mandates that these entities prepare and submit a biennial wildfire mitigation plan for approval by their governing bodies and the State Forester, with specific deadlines for adoption. The bill also allows the State Forester to charge reasonable fees for the review of these plans and clarifies that an "attachor" is to be treated as a public power entity or electric utility for liability purposes related to wildfires.
Additionally, the bill modifies existing liability provisions by removing the requirement for all elements to be proven by clear and convincing evidence in wildfire-related actions against utilities, while allowing for exemplary and punitive damages if the utility's conduct is deemed outrageous or oppressive. It broadens the scope of recoverable damages in actions against public power entities for wildfire-related damages, thereby enhancing accountability and clarifying the legal framework surrounding wildfire mitigation efforts. Overall, these updates aim to improve wildfire prevention strategies while providing legal protections for compliant utilities.
Statutes affected: Introduced Version: 30-221, 40-209
House Engrossed Version: 40-1301, 30-902, 30-904, 30-903
Senate Engrossed Version: 37-1311, 40-1301, 30-902, 30-904, 30-903, 12-820.01, 30-901
Chaptered Version: 37-1311, 40-1301, 30-902, 30-904, 30-903, 12-820.01, 30-901