House Bill No. [insert bill number] seeks to enhance wildfire safety measures in Montana by requiring electric facilities providers to develop and implement a wildfire mitigation plan. These plans must be submitted for approval to relevant authorities, such as the Public Service Commission or local governing bodies, and updated every three years. The bill outlines essential components for these plans, including risk assessments, vegetation management strategies, and community outreach efforts. It also offers civil liability protections for providers who adhere to their approved plans, shielding them from strict liability for damages related to wildfires.
Additionally, the bill clarifies the standard of care for electric facilities providers, stating that they cannot be held strictly liable for wildfire damages if they have followed their mitigation plans. It introduces a rebuttable presumption of reasonable action for providers who comply with these plans and outlines recoverable damages in lawsuits, including economic and noneconomic damages, while limiting punitive damages unless gross negligence is demonstrated. The legislation also removes previous limitations on liability based on tree contact origins and specifies that it does not alter existing contractual rights related to communications facilities. Furthermore, it mandates notification to federally recognized tribal governments in Montana and includes provisions for codification and severability, taking effect upon passage and approval.