This bill proposes updates to current statutes concerning wildfire mitigation planning for public power entities and electric utilities. It mandates that these entities prepare and submit a biennial wildfire mitigation plan to their governing bodies for approval, with the first submission due by May 1, 2026. The bill introduces new requirements for the content of these plans, including preventive actions and monitoring programs, and establishes that the State Forester will review these plans, charging reasonable fees for the review process. Additionally, it clarifies that an "attachor" will be treated as a public power entity or electric utility for liability purposes related to wildfires.

The bill modifies the liability framework by removing the requirement for all elements to be proven by clear and convincing evidence in negligence claims against public power entities or electric utilities related to wildfires. It specifies that exemplary and punitive damages may be sought if the utility's conduct is proven to be outrageous or oppressive, and it requires that any failure to comply with an approved wildfire mitigation plan must be shown to be the proximate cause of any alleged harm. Overall, these changes aim to enhance accountability, clarify roles and responsibilities, and provide legal protections for utilities involved in wildfire mitigation efforts.

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