This bill establishes a framework for qualified utilities in South Dakota to create and implement wildfire mitigation plans, which are essential for reducing the risk of wildfire-related damages. It defines key terms such as "qualified utility," "wildfire," and "wildfire mitigation plan," and outlines the responsibilities of both the Public Utilities Commission and the approval authorities for electric cooperatives and municipal utilities. Qualified utilities must submit their plans for approval, provide annual compliance reports, and ensure that their plans include specific strategies for risk assessment, infrastructure management, and community outreach. The commission is also empowered to promulgate rules to facilitate the implementation of these provisions.
Additionally, the bill introduces liability limitations for qualified utilities in cases of wildfire-related damages. It establishes that a standard of strict liability will not apply, and plaintiffs can only recover damages if they prove that the utility failed to comply with its wildfire mitigation plan or acted with malice. The bill also specifies the types of damages that can be recovered and sets a four-year statute of limitations for civil actions related to wildfire damages. Furthermore, it clarifies that insurance payments for wildfire damages will affect the insurer's right to subrogation, ensuring that the law on subrogation remains applicable in other respects.