The proposed bill would significantly update current statutes regarding wildfire mitigation planning for public power entities and electric utilities. It introduces
requirements for the State Forester to review and approve wildfire mitigation plans, establishing specific deadlines for submission and compliance, including a mandate for plans to be adopted by May 1, 2026, and every even-numbered year thereafter. The bill also
clarifies the treatment of attachors as public power entities or electric utilities for liability purposes and allows the State Forester to charge reasonable fees for plan reviews.
Additionally, the bill
removes the requirement for proving all elements by clear and convincing evidence in wildfire-related actions against utilities and
specifies that exemplary and punitive damages may be sought for outrageous or oppressive conduct by utilities. It further
broadens the scope of recoverable damages in actions against public power entities for wildfire-related damages by removing previous prohibitions. Overall, these updates aim to enhance accountability, clarify legal responsibilities, and improve wildfire risk management for public power entities and electric utilities.
Statutes affected: Introduced Version: 30-221, 40-209
House Engrossed Version: 40-1301, 30-902, 30-904, 30-903