House Bill 2107 would set 2-year limit and $5 million punitive cap for wildfire claims, open KCC wildfire docket

A House committee on energy and utilities heard testimony Feb. 7 on House Bill 2107, a bill that would create a specific statutory regime for civil claims against electric public utilities arising from unplanned wildfires. The bill would set a two-year statute of limitations, authorize recovery for economic losses, define how real-property damages are calculated, cap punitive damages at $5,000,000 and require the Kansas Corporation Commission (KCC) to hold a docket and trainings on wildfire risk and utility mitigation.

Supporters, including Chuck Kaysley of Evergy, told the Committee on Energy, Utilities and Telecommunications that the bill’s core purpose is to codify existing negligence standards and to prompt a formal KCC proceeding on mitigation strategies and cost recovery. “We would really like to have a formal proceeding in front of the Kansas Corporation Commission, to discuss wildfire risk mitigation and, to make sure that the state, is thinking proactively,” Kaysley said, adding that codifying the negligence standard and the punitive-damage cap would provide predictability for…