The proposed bill would update current statutes by introducing new requirements for public power entities and electric utilities concerning wildfire mitigation planning. It mandates that these entities prepare and submit a biennial wildfire mitigation plan to their governing bodies for review and approval, starting by May 1, 2026, and every even-numbered year thereafter. The bill also requires submission of these plans to the State Forester for further review, allowing the State Forester to charge reasonable fees for this process. Additionally, it clarifies that an "attachor" is to be treated as a public power entity or electric utility for liability purposes related to wildfires.

Moreover, the bill modifies liability provisions by stating that compliance with an approved wildfire mitigation plan meets the standard of care for negligence claims against these entities. It removes the previous requirement for all elements to be proven by clear and convincing evidence in negligence claims and specifies that exemplary and punitive damages may be sought if the utility's conduct is proven to be outrageous or oppressive. The bill also removes the prohibition on the types of damages recoverable in actions against public power entities for wildfire-related damages, while ensuring that the statutory wildfire mitigation planning requirements do not create new causes of action or additional legal duties. Overall, these updates aim to enhance accountability and streamline the regulatory process for wildfire management.

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