Courts cannot use strict liability against utilities in wildfire damage cases

Courts may not apply strict liability to a covered utility in a case alleging it caused wildfire-related damage. Covered utilities include electric public utilities, rural electric cooperatives, municipal electric utilities, municipal joint action agencies, and electric transmission providers.

A covered utility may prepare a wildfire mitigation plan describing wildfire risks and how it would reduce them. Plans may cover wildfire risks in the utility’s service area, equipment and vegetation safety, fire prevention, restoration after a wildfire, costs, public outreach, and work with local or state fire plans. Plans must follow the listed national safety standards.

Utilities may submit plans to the commission or their board; utilities that submit plans must publish them and update them every two years. Electric public utilities and transmission providers must publish filed plans online within 30 days. Cooperatives, municipal utilities, and joint action agencies must publish plans online within 30 days after board approval. Electric public utilities and transmission providers submit plans to the commission; cooperatives, municipal utilities, and joint action agencies may submit them to their boards. The two-year update and resubmission or reapproval cycle applies to a submitted plan.

Utilities with wildfire plans may submit yearly reports on how they followed them; utilities that submit reports must publish them online. Reports cover compliance with the utility’s wildfire plan. Electric public utilities and transmission providers may report to the commission. Cooperatives, municipal utilities, and joint action agencies may report to their board or governing body. A report to the commission is due by December 31 of each year the plan is effective.