Lawmakers hear utility-backed wildfire mitigation plan bill and insurer objections to liability limits

Senator Greg Kessel introduced Senate Bill 23‑39 to the House Energy and Natural Resources Committee as part of a two‑bill wildfire package. The measure would (1) limit strict liability in wildfire‑related civil litigation involving qualified utilities so plaintiffs must prove negligence and (2) allow utilities to prepare voluntary wildfire mitigation plans (WMPs) that, if followed, would constitute prima facie evidence that the utility exercised a reasonable standard of care.

“Senate Bill 23‑39 focuses on two key areas,” Kessel said: limiting strict liability and creating service‑level mitigation planning. He framed the bill as a preventive approach that would keep utilities solvent and able to invest in fire‑risk reduction, citing high‑profile bankruptcies in other states as a cautionary example.

Utility witnesses described…