The Rural Electric Cooperative Wildfire Liability Act establishes a framework for electric cooperatives in New Mexico to create and implement wildfire mitigation plans. These plans must include detailed assessments of wildfire risks, vegetation management procedures, and emergency response protocols, among other requirements. The plans will be reviewed by the Forestry Division and must be approved by the Public Regulation Commission (PRC). Electric cooperatives are required to update their plans every five years and provide annual reports on their compliance and modifications. The act also mandates public notice of these plans and their approval status.

In terms of liability, the act provides significant protections for electric cooperatives that have an approved wildfire mitigation plan. If a cooperative can demonstrate compliance with the act, it is presumed to have acted reasonably and is exempt from liability for wildfire-related losses, unless it can be proven that the cooperative's actions intentionally caused the wildfire. Additionally, the act establishes a two-year limitation for filing claims against cooperatives for wildfire damages and caps total damages at $2 million per wildfire incident. The act amends existing laws to reflect these changes and clarifies that defenses available to cooperatives in damage actions remain unaffected. The provisions of this act will take effect on July 1, 2025.

Statutes affected:
introduced version: 30-32-4, 37-1-4