Provides certain liability protections if a regulated utility, municipally owned utility, or electric cooperative prepares and follows a wildfire mitigation plan.
The plan must include:
- a description of its transmission and distribution activities with heightened risk;
- strategies and programs for inspection;
- strategies and programs for vegetation management;
- modifications and upgrades to facilities to prevent wildfire;
- strategies and methods for de-energizing lines;
- methods to restore power;
- description of incremental costs to implement plan;
- community outreach and public awareness efforts; and
- participation with state and local wildland fire protection plans.
Investor-owned utilities to seek approval of Montana Public Service Commission (PSC) for plans, including incremental costs.
Electric cooperatives to present their plans and incremental costs to their elected boards of trustees.
Requires regulated utilities to submit to the PSC biennial reports on compliance with their approved plans.
Requires electric cooperatives to submit to their elected boards of trustees, annual reports on compliance with their approved plans.
Establishes standard of strict liability does not apply to electric facilities providers in Montana. Strict liability exists in civil and criminal law and holds a person or entity automatically liable even in the absence of fault or criminal intent. This has been used in other states to assess hundreds of millions of dollars in damages against utilities for wildfires they did not start.
Except as established in this bill, a utility may not be found civilly liable if it followed its approved wildfire mitigation plan.
A utility that does not develop a plan may not be found civilly liable unless it failed to exercise a degree of care, skill, and learning.
A utility that has an approved plan may not be found civilly liable unless plaintiff establishes:
- utility failed to follow its plan;
- failure was actual and proximate cause of injury for which recovery is sought.
Plaintiff may recover for real and personal property damages, but not noneconomic losses unless bodily injury or death is caused by wildfire. No punitive damages may be awarded unless there is clear and convincing evidence of negligence.
Utility is not liable if a private party or government agency affirmatively prevented it from accessing its facilities for fire mitigation.
Utility is not liable if there was contact between electric facilities and trees originating outside an area to which it has legal right to access.
Civil action must be commenced within 2 years from start of fire.